prompt
stringlengths 2.39k
20.2k
| answer
stringlengths 1
535
| weight
float64 0.3
0.3
β |
|---|---|---|
An ordinance of City makes it unlawful to park a motor vehicle on a City street within 10 feet of a fire hydrant. At 1:55 p.m., Parker, realizing that he must be in Bank before it closed at 2:00 p.m., and finding no other space available, parked his automobile in front of a fire hydrant on a City street. Parker then hurried into the bank, leaving his aged neighbor, Ned, as a passenger in the rear seat of the car. About five minutes later, and while Parker was still in Bank, Driver was driving down the street. Driver swerved to avoid what he mistakenly thought was a hole in the street and sideswiped Parker's car. Parker's car was turned over on top of the hydrant, breaking the hydrant and causing a small flood of water. Parker's car was severely damaged and Ned was badly injured. There is no applicable guest statute.". If Parker asserts a claim against Driver for damage to Parker's automobile, the most likely result is that Parker will
0. recover, because the purpose of the ordinance is to provide access to the fire hydrant.
1. recover, because Driver's negligence was later in time than Parker's act of parking.
2. not recover, because Parker was contributorily negligent as a matter of law.
3. not recover, because Parker's action in parking unlawfully was a continuing wrong.
are unreliable and can cause major injury if they fail. new firefighters are often trained extensively on fire hydrants in the fire academy to be quick and safe while connecting the fire engine to the fire hydrant ( usually within one minute ). time is often critical as other firefighters will be waiting for the water supply. when operating a hydrant, a firefighter typically wears appropriate personal protective equipment, such as gloves and a helmet with face shield worn. high - pressure water coursing through a potentially aging and corroding hydrant could cause a failure, injuring the firefighter operating the hydrant or bystanders. in most jurisdictions it is illegal to park a car within a certain distance of a fire hydrant. in north america, the distances are commonly 3 to 5 metres ( 10 to 16 ft ), often indicated by yellow or red paint on the curb. the rationale behind these laws is that hydrants need to be visible and accessible in an emergency. in the event that a car is illegally parked next to a fire hydrant when firefighters need access to it, firefighters are legally allowed to break the car's windows to run the hose through it, while the car owner receives a parking citation. = = = other uses = = = = = = = street pooling = = = = in 1896, during a terrible heatwave in new york city, the commissioner of public works ordered the opening of the fire hydrants to provide relief to the population. today some us communities provide low flow sprinkler heads to enable residents to use the hydrants to cool off during hot weather, while gaining some control on water usage. sometimes those simply seeking to play in the water remove the caps and open the valve, providing residents a place to play and cool off in summer. = = = = preventing misuse = = = = to prevent casual use or misuse, the hydrant requires special tools to be opened, usually a large wrench with a pentagonal socket. vandals sometimes cause monetary loss by wasting water when they open hydrants. such vandalism can also reduce municipal water pressure and impair firefighters'efforts to extinguish fires. most fire hydrants in australia are protected by a silver - coloured cover with a red top, secured to the ground with bolts to protect the hydrant from vandalism and unauthorized use. the cover must be removed before use. in most areas of the united states, contractors who need temporary water may purchase permits to use hydrants. the permit will generally require a hydra
red light, and the need to identify the actual violator has led to the creation of a unique investigatory tool, the fake " ticket. " groups opposing the use of red light cameras have argued that where the cameras are not set up to identify the vehicle driver, owner liability issues are raised. it is perceived by some that the owner of the vehicle is unfairly penalized by being considered liable for red - light violations although they may not have been the driver at the time of the offense. in most jurisdictions the liability for red light violations is a civil offense, rather than a criminal citation, issued upon the vehicle owner β similar to a parking ticket. the issue of owner liability has been addressed in the us courts, with a ruling in the district of columbia court of appeals in 2007, which agreed with a lower court when it found that the presumption of liability of the owners of vehicles issued citations does not violate due process rights. this ruling was supported by a 2009 7th us circuit court of appeals ruling in which it was held that issuing citations to vehicle owners ( or lessees ) is constitutional. the court stated that it also encourages drivers to be cautious in lending their vehicles to others. the argument that red light cameras violate the privacy of citizens, has also been addressed in the us courts. according to a 2009 ruling by the 7th us circuit court of appeals, " no one has a fundamental right to run a red light or avoid being seen by a camera on a public street. " in addition, cameras only take photographs or video when a vehicle has run a red light and, in most states, the camera does not photograph the driver or the occupants of the vehicle. it is also argued that such cameras violate the sixth amendment's confrontation clause and the right to be assumed innocent until proven guilty. in most areas, red light enforcement cameras are installed and maintained by private firms. lawsuits have been raised challenging private companies'rights to hand out citations, such as a december 2008 lawsuit challenging the city of dallas'red light camera program, which was dismissed in march 2009. in most cases, citations are issued by law enforcement officers using the evidence provided by the companies. there have been many instances where cities in the us have been found to have too - short yellow - light intervals at some intersections where red light cameras have been installed. in tennessee, 176 drivers were refunded for fines paid after it was discovered that the length of the yellow was too short for that location, and motorists were caught running the light in the first second of the
beyond the proximate edge of clear visibility and choose such a speed accordingly, transfers classic common law liability from that driver for his or her " blind " actions. this duty to assure clear distance ahead is inevitably transferred, as an externality to everybody or thing else who must instead warn the driver, such as the government, its road engineers, and maintainers. as it is generally probable and foreseeable that, chance will permit, and at some point there will be an obstruction beyond some driver's line of sight, such an entitlement challenges centuries of precedent in negligence doctrine in addition to posing difficult policy and engineering challenges. it also violates the calculus of negligence because speed is an inherent factor in vehicular accidents which are a leading cause of priceless life loss and lawsuits, and the burden of a precautions speed is radically lower than the former. the assumption of risk resulting from the unsafe activity of driving faster than one can stop within one's vision, does not depend ex post facto on what you happened to hit, for which by nature you could not have known ; it could have been a moose or a luxury car. furthermore, modern times still provide no legal remedies for darwinian misfortune upon the entire class of unwarnable accidents where drivers and their passengers would not have collided into the likes of a moose, livestock, fallen tree, rock, jetsam, horse - drawn vehicle, stalled vehicle, school bus, garbage truck, mail carrier, snowplow, washout, snow drift, or slid off the road, were it not for their decisions to drive faster than dictated by the assured clear distance ahead. regardless of what behavior an authority might encourage by fabricating new rights, it remains timeless that constituents cannot sue the wind for causing a wreck when it inevitably violates a " modern right to drive faster than permitted by the acda " by failing to warn them it knocked down a tree in a forest with many trees which all eventually fell. in this specific regard, jurisdictions which grant drivers the liberty to be fools from their own folly, are also condoning the collateral damage and life loss which is expected to occur. moreover, modern life - entrusting consumers of driving services and driverless cars who suffer such caused injury are left without legal remedy for foreseeable outcome of imprudent speed ; this in - turn unnecessarily transfers a substantive portion of the acda liability space into act of god, government claims, strict liability, or other findings from legal fiction which the justice system
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 β 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 β 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 β 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 β 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 β 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 β 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 β 48, 162 β 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
Answer:
|
recover, because the purpose of the ordinance is to provide access to the fire hydrant.
| null |
An ordinance of City makes it unlawful to park a motor vehicle on a City street within 10 feet of a fire hydrant. At 1:55 p.m., Parker, realizing that he must be in Bank before it closed at 2:00 p.m., and finding no other space available, parked his automobile in front of a fire hydrant on a City street. Parker then hurried into the bank, leaving his aged neighbor, Ned, as a passenger in the rear seat of the car. About five minutes later, and while Parker was still in Bank, Driver was driving down the street. Driver swerved to avoid what he mistakenly thought was a hole in the street and sideswiped Parker's car. Parker's car was turned over on top of the hydrant, breaking the hydrant and causing a small flood of water. Parker's car was severely damaged and Ned was badly injured. There is no applicable guest statute.". If Parker asserts a claim against Driver for damage to Parker's automobile, the most likely result is that Parker will
0. recover, because the purpose of the ordinance is to provide access to the fire hydrant.
1. recover, because Driver's negligence was later in time than Parker's act of parking.
2. not recover, because Parker was contributorily negligent as a matter of law.
3. not recover, because Parker's action in parking unlawfully was a continuing wrong.
are unreliable and can cause major injury if they fail. new firefighters are often trained extensively on fire hydrants in the fire academy to be quick and safe while connecting the fire engine to the fire hydrant ( usually within one minute ). time is often critical as other firefighters will be waiting for the water supply. when operating a hydrant, a firefighter typically wears appropriate personal protective equipment, such as gloves and a helmet with face shield worn. high - pressure water coursing through a potentially aging and corroding hydrant could cause a failure, injuring the firefighter operating the hydrant or bystanders. in most jurisdictions it is illegal to park a car within a certain distance of a fire hydrant. in north america, the distances are commonly 3 to 5 metres ( 10 to 16 ft ), often indicated by yellow or red paint on the curb. the rationale behind these laws is that hydrants need to be visible and accessible in an emergency. in the event that a car is illegally parked next to a fire hydrant when firefighters need access to it, firefighters are legally allowed to break the car's windows to run the hose through it, while the car owner receives a parking citation. = = = other uses = = = = = = = street pooling = = = = in 1896, during a terrible heatwave in new york city, the commissioner of public works ordered the opening of the fire hydrants to provide relief to the population. today some us communities provide low flow sprinkler heads to enable residents to use the hydrants to cool off during hot weather, while gaining some control on water usage. sometimes those simply seeking to play in the water remove the caps and open the valve, providing residents a place to play and cool off in summer. = = = = preventing misuse = = = = to prevent casual use or misuse, the hydrant requires special tools to be opened, usually a large wrench with a pentagonal socket. vandals sometimes cause monetary loss by wasting water when they open hydrants. such vandalism can also reduce municipal water pressure and impair firefighters'efforts to extinguish fires. most fire hydrants in australia are protected by a silver - coloured cover with a red top, secured to the ground with bolts to protect the hydrant from vandalism and unauthorized use. the cover must be removed before use. in most areas of the united states, contractors who need temporary water may purchase permits to use hydrants. the permit will generally require a hydra
red light, and the need to identify the actual violator has led to the creation of a unique investigatory tool, the fake " ticket. " groups opposing the use of red light cameras have argued that where the cameras are not set up to identify the vehicle driver, owner liability issues are raised. it is perceived by some that the owner of the vehicle is unfairly penalized by being considered liable for red - light violations although they may not have been the driver at the time of the offense. in most jurisdictions the liability for red light violations is a civil offense, rather than a criminal citation, issued upon the vehicle owner β similar to a parking ticket. the issue of owner liability has been addressed in the us courts, with a ruling in the district of columbia court of appeals in 2007, which agreed with a lower court when it found that the presumption of liability of the owners of vehicles issued citations does not violate due process rights. this ruling was supported by a 2009 7th us circuit court of appeals ruling in which it was held that issuing citations to vehicle owners ( or lessees ) is constitutional. the court stated that it also encourages drivers to be cautious in lending their vehicles to others. the argument that red light cameras violate the privacy of citizens, has also been addressed in the us courts. according to a 2009 ruling by the 7th us circuit court of appeals, " no one has a fundamental right to run a red light or avoid being seen by a camera on a public street. " in addition, cameras only take photographs or video when a vehicle has run a red light and, in most states, the camera does not photograph the driver or the occupants of the vehicle. it is also argued that such cameras violate the sixth amendment's confrontation clause and the right to be assumed innocent until proven guilty. in most areas, red light enforcement cameras are installed and maintained by private firms. lawsuits have been raised challenging private companies'rights to hand out citations, such as a december 2008 lawsuit challenging the city of dallas'red light camera program, which was dismissed in march 2009. in most cases, citations are issued by law enforcement officers using the evidence provided by the companies. there have been many instances where cities in the us have been found to have too - short yellow - light intervals at some intersections where red light cameras have been installed. in tennessee, 176 drivers were refunded for fines paid after it was discovered that the length of the yellow was too short for that location, and motorists were caught running the light in the first second of the
beyond the proximate edge of clear visibility and choose such a speed accordingly, transfers classic common law liability from that driver for his or her " blind " actions. this duty to assure clear distance ahead is inevitably transferred, as an externality to everybody or thing else who must instead warn the driver, such as the government, its road engineers, and maintainers. as it is generally probable and foreseeable that, chance will permit, and at some point there will be an obstruction beyond some driver's line of sight, such an entitlement challenges centuries of precedent in negligence doctrine in addition to posing difficult policy and engineering challenges. it also violates the calculus of negligence because speed is an inherent factor in vehicular accidents which are a leading cause of priceless life loss and lawsuits, and the burden of a precautions speed is radically lower than the former. the assumption of risk resulting from the unsafe activity of driving faster than one can stop within one's vision, does not depend ex post facto on what you happened to hit, for which by nature you could not have known ; it could have been a moose or a luxury car. furthermore, modern times still provide no legal remedies for darwinian misfortune upon the entire class of unwarnable accidents where drivers and their passengers would not have collided into the likes of a moose, livestock, fallen tree, rock, jetsam, horse - drawn vehicle, stalled vehicle, school bus, garbage truck, mail carrier, snowplow, washout, snow drift, or slid off the road, were it not for their decisions to drive faster than dictated by the assured clear distance ahead. regardless of what behavior an authority might encourage by fabricating new rights, it remains timeless that constituents cannot sue the wind for causing a wreck when it inevitably violates a " modern right to drive faster than permitted by the acda " by failing to warn them it knocked down a tree in a forest with many trees which all eventually fell. in this specific regard, jurisdictions which grant drivers the liberty to be fools from their own folly, are also condoning the collateral damage and life loss which is expected to occur. moreover, modern life - entrusting consumers of driving services and driverless cars who suffer such caused injury are left without legal remedy for foreseeable outcome of imprudent speed ; this in - turn unnecessarily transfers a substantive portion of the acda liability space into act of god, government claims, strict liability, or other findings from legal fiction which the justice system
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 β 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 β 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 β 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 β 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 β 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 β 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 β 48, 162 β 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
Answer:
|
recover, because Driver's negligence was later in time than Parker's act of parking.
| 0.3 |
An ordinance of City makes it unlawful to park a motor vehicle on a City street within 10 feet of a fire hydrant. At 1:55 p.m., Parker, realizing that he must be in Bank before it closed at 2:00 p.m., and finding no other space available, parked his automobile in front of a fire hydrant on a City street. Parker then hurried into the bank, leaving his aged neighbor, Ned, as a passenger in the rear seat of the car. About five minutes later, and while Parker was still in Bank, Driver was driving down the street. Driver swerved to avoid what he mistakenly thought was a hole in the street and sideswiped Parker's car. Parker's car was turned over on top of the hydrant, breaking the hydrant and causing a small flood of water. Parker's car was severely damaged and Ned was badly injured. There is no applicable guest statute."If City asserts a claim against Driver for the damage to the fire hydrant and Driver was negligent in swerving his car, his negligence is
0. a cause in fact and a legal cause of City's harm.
1. a cause in fact, but not a legal cause, of City's harm because Parker parked illegally.
2. a legal cause, but not a cause in fact, of City's harm because Parker's car struck the hydrant.
3. neither a legal cause nor a cause in fact of City's harm
red light, and the need to identify the actual violator has led to the creation of a unique investigatory tool, the fake " ticket. " groups opposing the use of red light cameras have argued that where the cameras are not set up to identify the vehicle driver, owner liability issues are raised. it is perceived by some that the owner of the vehicle is unfairly penalized by being considered liable for red - light violations although they may not have been the driver at the time of the offense. in most jurisdictions the liability for red light violations is a civil offense, rather than a criminal citation, issued upon the vehicle owner β similar to a parking ticket. the issue of owner liability has been addressed in the us courts, with a ruling in the district of columbia court of appeals in 2007, which agreed with a lower court when it found that the presumption of liability of the owners of vehicles issued citations does not violate due process rights. this ruling was supported by a 2009 7th us circuit court of appeals ruling in which it was held that issuing citations to vehicle owners ( or lessees ) is constitutional. the court stated that it also encourages drivers to be cautious in lending their vehicles to others. the argument that red light cameras violate the privacy of citizens, has also been addressed in the us courts. according to a 2009 ruling by the 7th us circuit court of appeals, " no one has a fundamental right to run a red light or avoid being seen by a camera on a public street. " in addition, cameras only take photographs or video when a vehicle has run a red light and, in most states, the camera does not photograph the driver or the occupants of the vehicle. it is also argued that such cameras violate the sixth amendment's confrontation clause and the right to be assumed innocent until proven guilty. in most areas, red light enforcement cameras are installed and maintained by private firms. lawsuits have been raised challenging private companies'rights to hand out citations, such as a december 2008 lawsuit challenging the city of dallas'red light camera program, which was dismissed in march 2009. in most cases, citations are issued by law enforcement officers using the evidence provided by the companies. there have been many instances where cities in the us have been found to have too - short yellow - light intervals at some intersections where red light cameras have been installed. in tennessee, 176 drivers were refunded for fines paid after it was discovered that the length of the yellow was too short for that location, and motorists were caught running the light in the first second of the
beyond the proximate edge of clear visibility and choose such a speed accordingly, transfers classic common law liability from that driver for his or her " blind " actions. this duty to assure clear distance ahead is inevitably transferred, as an externality to everybody or thing else who must instead warn the driver, such as the government, its road engineers, and maintainers. as it is generally probable and foreseeable that, chance will permit, and at some point there will be an obstruction beyond some driver's line of sight, such an entitlement challenges centuries of precedent in negligence doctrine in addition to posing difficult policy and engineering challenges. it also violates the calculus of negligence because speed is an inherent factor in vehicular accidents which are a leading cause of priceless life loss and lawsuits, and the burden of a precautions speed is radically lower than the former. the assumption of risk resulting from the unsafe activity of driving faster than one can stop within one's vision, does not depend ex post facto on what you happened to hit, for which by nature you could not have known ; it could have been a moose or a luxury car. furthermore, modern times still provide no legal remedies for darwinian misfortune upon the entire class of unwarnable accidents where drivers and their passengers would not have collided into the likes of a moose, livestock, fallen tree, rock, jetsam, horse - drawn vehicle, stalled vehicle, school bus, garbage truck, mail carrier, snowplow, washout, snow drift, or slid off the road, were it not for their decisions to drive faster than dictated by the assured clear distance ahead. regardless of what behavior an authority might encourage by fabricating new rights, it remains timeless that constituents cannot sue the wind for causing a wreck when it inevitably violates a " modern right to drive faster than permitted by the acda " by failing to warn them it knocked down a tree in a forest with many trees which all eventually fell. in this specific regard, jurisdictions which grant drivers the liberty to be fools from their own folly, are also condoning the collateral damage and life loss which is expected to occur. moreover, modern life - entrusting consumers of driving services and driverless cars who suffer such caused injury are left without legal remedy for foreseeable outcome of imprudent speed ; this in - turn unnecessarily transfers a substantive portion of the acda liability space into act of god, government claims, strict liability, or other findings from legal fiction which the justice system
are unreliable and can cause major injury if they fail. new firefighters are often trained extensively on fire hydrants in the fire academy to be quick and safe while connecting the fire engine to the fire hydrant ( usually within one minute ). time is often critical as other firefighters will be waiting for the water supply. when operating a hydrant, a firefighter typically wears appropriate personal protective equipment, such as gloves and a helmet with face shield worn. high - pressure water coursing through a potentially aging and corroding hydrant could cause a failure, injuring the firefighter operating the hydrant or bystanders. in most jurisdictions it is illegal to park a car within a certain distance of a fire hydrant. in north america, the distances are commonly 3 to 5 metres ( 10 to 16 ft ), often indicated by yellow or red paint on the curb. the rationale behind these laws is that hydrants need to be visible and accessible in an emergency. in the event that a car is illegally parked next to a fire hydrant when firefighters need access to it, firefighters are legally allowed to break the car's windows to run the hose through it, while the car owner receives a parking citation. = = = other uses = = = = = = = street pooling = = = = in 1896, during a terrible heatwave in new york city, the commissioner of public works ordered the opening of the fire hydrants to provide relief to the population. today some us communities provide low flow sprinkler heads to enable residents to use the hydrants to cool off during hot weather, while gaining some control on water usage. sometimes those simply seeking to play in the water remove the caps and open the valve, providing residents a place to play and cool off in summer. = = = = preventing misuse = = = = to prevent casual use or misuse, the hydrant requires special tools to be opened, usually a large wrench with a pentagonal socket. vandals sometimes cause monetary loss by wasting water when they open hydrants. such vandalism can also reduce municipal water pressure and impair firefighters'efforts to extinguish fires. most fire hydrants in australia are protected by a silver - coloured cover with a red top, secured to the ground with bolts to protect the hydrant from vandalism and unauthorized use. the cover must be removed before use. in most areas of the united states, contractors who need temporary water may purchase permits to use hydrants. the permit will generally require a hydra
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 β 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 β 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 β 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 β 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 β 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
doing business with the owner or their tenants and include such people as salesmen, commercial travellers, etc. the duty of care owed to licensees are not quite as extreme as in the case of the invitees. = = = trespassers = = = these are classified as people who intrude onto property without permission. the degree of care owed to trespassers, although slight, nevertheless exists particularly in situations where a source of danger is deliberately created or where small children are involved. an example would be where live wires were left exposed after the centre had closed. if some children entered the premises for some reason, despite that reason, if they were injured the owner of the centre would be liable. = = ballpark model = = the ballpark model is a system under which users of a facility do so at their own risk. the name arises from the fact that visitors to a ballpark bear the risk of getting hit by bats, balls, and other objects flying into the stands at high velocities. an example of this type of system is new hampshire's lack of a requirement that motorists carry liability insurance. the risk of getting hit by a driver who has neither insurance nor the means to pay for damages is borne by other motorists. it is in contrast to the disneyland model. = = disneyland model = = the disneyland model is a proposed system in which users of a service would bear no risk for damage or injuries they sustain that are caused by others, as full liability would be imposed upon the responsible party ( and / or their insurers ). it is in contrast to the ballpark model, under which people use a service at their own risk. the disneyland model is frequently advocated as a method by which licensure of motorists and their vehicles could be privatized. before a person would be granted a license plate, they would need to obtain liability insurance without any caps on coverage amount. the name comes from the fact that at disneyland, the company is liable for any accidents that befall a customer if they, for instance, ride a ride they were too short for. = = references = =
Answer:
|
a cause in fact and a legal cause of City's harm.
| null |
An ordinance of City makes it unlawful to park a motor vehicle on a City street within 10 feet of a fire hydrant. At 1:55 p.m., Parker, realizing that he must be in Bank before it closed at 2:00 p.m., and finding no other space available, parked his automobile in front of a fire hydrant on a City street. Parker then hurried into the bank, leaving his aged neighbor, Ned, as a passenger in the rear seat of the car. About five minutes later, and while Parker was still in Bank, Driver was driving down the street. Driver swerved to avoid what he mistakenly thought was a hole in the street and sideswiped Parker's car. Parker's car was turned over on top of the hydrant, breaking the hydrant and causing a small flood of water. Parker's car was severely damaged and Ned was badly injured. There is no applicable guest statute."If City asserts a claim against Driver for the damage to the fire hydrant and Driver was negligent in swerving his car, his negligence is
0. a cause in fact and a legal cause of City's harm.
1. a cause in fact, but not a legal cause, of City's harm because Parker parked illegally.
2. a legal cause, but not a cause in fact, of City's harm because Parker's car struck the hydrant.
3. neither a legal cause nor a cause in fact of City's harm
red light, and the need to identify the actual violator has led to the creation of a unique investigatory tool, the fake " ticket. " groups opposing the use of red light cameras have argued that where the cameras are not set up to identify the vehicle driver, owner liability issues are raised. it is perceived by some that the owner of the vehicle is unfairly penalized by being considered liable for red - light violations although they may not have been the driver at the time of the offense. in most jurisdictions the liability for red light violations is a civil offense, rather than a criminal citation, issued upon the vehicle owner β similar to a parking ticket. the issue of owner liability has been addressed in the us courts, with a ruling in the district of columbia court of appeals in 2007, which agreed with a lower court when it found that the presumption of liability of the owners of vehicles issued citations does not violate due process rights. this ruling was supported by a 2009 7th us circuit court of appeals ruling in which it was held that issuing citations to vehicle owners ( or lessees ) is constitutional. the court stated that it also encourages drivers to be cautious in lending their vehicles to others. the argument that red light cameras violate the privacy of citizens, has also been addressed in the us courts. according to a 2009 ruling by the 7th us circuit court of appeals, " no one has a fundamental right to run a red light or avoid being seen by a camera on a public street. " in addition, cameras only take photographs or video when a vehicle has run a red light and, in most states, the camera does not photograph the driver or the occupants of the vehicle. it is also argued that such cameras violate the sixth amendment's confrontation clause and the right to be assumed innocent until proven guilty. in most areas, red light enforcement cameras are installed and maintained by private firms. lawsuits have been raised challenging private companies'rights to hand out citations, such as a december 2008 lawsuit challenging the city of dallas'red light camera program, which was dismissed in march 2009. in most cases, citations are issued by law enforcement officers using the evidence provided by the companies. there have been many instances where cities in the us have been found to have too - short yellow - light intervals at some intersections where red light cameras have been installed. in tennessee, 176 drivers were refunded for fines paid after it was discovered that the length of the yellow was too short for that location, and motorists were caught running the light in the first second of the
beyond the proximate edge of clear visibility and choose such a speed accordingly, transfers classic common law liability from that driver for his or her " blind " actions. this duty to assure clear distance ahead is inevitably transferred, as an externality to everybody or thing else who must instead warn the driver, such as the government, its road engineers, and maintainers. as it is generally probable and foreseeable that, chance will permit, and at some point there will be an obstruction beyond some driver's line of sight, such an entitlement challenges centuries of precedent in negligence doctrine in addition to posing difficult policy and engineering challenges. it also violates the calculus of negligence because speed is an inherent factor in vehicular accidents which are a leading cause of priceless life loss and lawsuits, and the burden of a precautions speed is radically lower than the former. the assumption of risk resulting from the unsafe activity of driving faster than one can stop within one's vision, does not depend ex post facto on what you happened to hit, for which by nature you could not have known ; it could have been a moose or a luxury car. furthermore, modern times still provide no legal remedies for darwinian misfortune upon the entire class of unwarnable accidents where drivers and their passengers would not have collided into the likes of a moose, livestock, fallen tree, rock, jetsam, horse - drawn vehicle, stalled vehicle, school bus, garbage truck, mail carrier, snowplow, washout, snow drift, or slid off the road, were it not for their decisions to drive faster than dictated by the assured clear distance ahead. regardless of what behavior an authority might encourage by fabricating new rights, it remains timeless that constituents cannot sue the wind for causing a wreck when it inevitably violates a " modern right to drive faster than permitted by the acda " by failing to warn them it knocked down a tree in a forest with many trees which all eventually fell. in this specific regard, jurisdictions which grant drivers the liberty to be fools from their own folly, are also condoning the collateral damage and life loss which is expected to occur. moreover, modern life - entrusting consumers of driving services and driverless cars who suffer such caused injury are left without legal remedy for foreseeable outcome of imprudent speed ; this in - turn unnecessarily transfers a substantive portion of the acda liability space into act of god, government claims, strict liability, or other findings from legal fiction which the justice system
are unreliable and can cause major injury if they fail. new firefighters are often trained extensively on fire hydrants in the fire academy to be quick and safe while connecting the fire engine to the fire hydrant ( usually within one minute ). time is often critical as other firefighters will be waiting for the water supply. when operating a hydrant, a firefighter typically wears appropriate personal protective equipment, such as gloves and a helmet with face shield worn. high - pressure water coursing through a potentially aging and corroding hydrant could cause a failure, injuring the firefighter operating the hydrant or bystanders. in most jurisdictions it is illegal to park a car within a certain distance of a fire hydrant. in north america, the distances are commonly 3 to 5 metres ( 10 to 16 ft ), often indicated by yellow or red paint on the curb. the rationale behind these laws is that hydrants need to be visible and accessible in an emergency. in the event that a car is illegally parked next to a fire hydrant when firefighters need access to it, firefighters are legally allowed to break the car's windows to run the hose through it, while the car owner receives a parking citation. = = = other uses = = = = = = = street pooling = = = = in 1896, during a terrible heatwave in new york city, the commissioner of public works ordered the opening of the fire hydrants to provide relief to the population. today some us communities provide low flow sprinkler heads to enable residents to use the hydrants to cool off during hot weather, while gaining some control on water usage. sometimes those simply seeking to play in the water remove the caps and open the valve, providing residents a place to play and cool off in summer. = = = = preventing misuse = = = = to prevent casual use or misuse, the hydrant requires special tools to be opened, usually a large wrench with a pentagonal socket. vandals sometimes cause monetary loss by wasting water when they open hydrants. such vandalism can also reduce municipal water pressure and impair firefighters'efforts to extinguish fires. most fire hydrants in australia are protected by a silver - coloured cover with a red top, secured to the ground with bolts to protect the hydrant from vandalism and unauthorized use. the cover must be removed before use. in most areas of the united states, contractors who need temporary water may purchase permits to use hydrants. the permit will generally require a hydra
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 β 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 β 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 β 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 β 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 β 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
doing business with the owner or their tenants and include such people as salesmen, commercial travellers, etc. the duty of care owed to licensees are not quite as extreme as in the case of the invitees. = = = trespassers = = = these are classified as people who intrude onto property without permission. the degree of care owed to trespassers, although slight, nevertheless exists particularly in situations where a source of danger is deliberately created or where small children are involved. an example would be where live wires were left exposed after the centre had closed. if some children entered the premises for some reason, despite that reason, if they were injured the owner of the centre would be liable. = = ballpark model = = the ballpark model is a system under which users of a facility do so at their own risk. the name arises from the fact that visitors to a ballpark bear the risk of getting hit by bats, balls, and other objects flying into the stands at high velocities. an example of this type of system is new hampshire's lack of a requirement that motorists carry liability insurance. the risk of getting hit by a driver who has neither insurance nor the means to pay for damages is borne by other motorists. it is in contrast to the disneyland model. = = disneyland model = = the disneyland model is a proposed system in which users of a service would bear no risk for damage or injuries they sustain that are caused by others, as full liability would be imposed upon the responsible party ( and / or their insurers ). it is in contrast to the ballpark model, under which people use a service at their own risk. the disneyland model is frequently advocated as a method by which licensure of motorists and their vehicles could be privatized. before a person would be granted a license plate, they would need to obtain liability insurance without any caps on coverage amount. the name comes from the fact that at disneyland, the company is liable for any accidents that befall a customer if they, for instance, ride a ride they were too short for. = = references = =
Answer:
|
a legal cause, but not a cause in fact, of City's harm because Parker's car struck the hydrant.
| 0.3 |
John Smith has denied his purported signature on a letter which has become critical in a breach of contract suit between Smith and Miller. At trial, Miller's counsel calls Alice, a teacher, who testifies that she taught John Smith mathematics in school 10 years earlier, knows his signature, and proposes to testify that the signature to the letter is that of John Smith. Smith's counsel objects. The trial judge should
0. sustain the objection on the ground that identification of handwriting requires expert testimony and the teacher does not, per se, qualify as an expert.
1. sustain the objection on the ground that the best evidence of Smith's handwriting would be testimony by a person who had examined his writing more recently than 10 years ago.
2. overrule the objection on the ground that a schoolteacher qualifies as an expert witness for the purpose of identifying handwriting.
3. overrule the objection on the ground that a layman may identify handwriting if he has seen the person in question write and has an opinion concerning the writing in question.
an inherent part of nature. on the other hand, thomas aquinas used the observation of the existence of rich patterns in nature as proof that nature is not ruled by chance. proofs need not be verbal. before copernicus, people took the apparent motion of the sun across the sky as proof that the sun went round the earth. suitably incriminating evidence left at the scene of a crime may serve as proof of the identity of the perpetrator. conversely, a verbal entity need not assert a proposition to constitute a proof of that proposition. for example, a signature constitutes direct proof of authorship ; less directly, handwriting analysis may be submitted as proof of authorship of a document. privileged information in a document can serve as proof that the document's author had access to that information ; such access might in turn establish the location of the author at certain time, which might then provide the author with an alibi. = = proof vs evidence = = 18th - century scottish philosopher david hume built on aristotle's separation of belief from knowledge, recognizing that one can be said to " know " something only if one has firsthand experience with it, in a strict sense proof, while one can infer that something is true and therefore " believe " it without knowing, via evidence or supposition. this speaks to one way of separating proof from evidence : if one cannot find their chocolate bar, and sees chocolate on their napping roommate's face, this evidence can cause one to believe their roommate ate the chocolate bar. but they do not know their roommate ate it. it may turn out that the roommate put the candy away when straightening up, but was thus inspired to go eat their own chocolate. only if one directly experiences proof of the roommate eating it, perhaps by walking in on them doing so, would one have certain knowledge, in hume's sense, that the roommate did it. in a more strict sense of sure knowledge, one may be unable to prove anything to a rational certainty beyond that of the existence of one's immediate sensory awareness. descartes famously raised a similarly strict standard with his first principle cogito, ergo sum ( i think, therefore i am ). while descartes'larger project in meditations on first philosophy has knowledge of god and the external world β founded on the certainty of the cogito β as its aim, his legacy in doing so is to have shown that one cannot have such proof, because all perceptions could be false ( such as under the evil demon or
a signature crime is a crime which exhibits characteristics idiosyncratic to specific criminals, known as signature aspects, signature behaviours or signature characteristics. where a modus operandi ( mo ) concerns the practical components of a crime which can also be unique to one suspect, signature aspects fulfill a psychological need and, unlike the mo, do not often change. two examples cited in crime classification manual by john douglas are a bank robber from michigan who required tellers to undress during the robbery so he could photograph them, and a rape case where the perpetrator forced the husband to return home and be humiliated by the event. these characteristics move beyond modus operandi, because they fulfill a psychological need rather than a need of practical execution of the crime. the 1898 gatton murders also exhibited signature aspects. following the murders, the bodies were re - arranged so their legs crossed over their bodies with the feet pointing west. ted bundy also used a complex series of signature behaviours. = = notes = = = = references = = douglas, j. e., burgess, a. w., burgess, a. g., & ressler, r. k. ( 1992 ). crime classification manual : a standard system for investigating and classifying violent crimes. san francisco, ca : jossey - bass. keppel, r. d., & birnes, w. j. ( 1997 ). signature killers : interpreting the calling cards of the serial murderer. new york, ny : pocket books.
eyewitness testimony is the account a bystander or victim gives in the courtroom, describing what that person observed that occurred during the specific incident under investigation. ideally this recollection of events is detailed ; however, this is not always the case. this recollection is used as evidence to show what happened from a witness'point of view. memory recall has been considered a credible source in the past, but has recently come under attack as forensics can now support psychologists in their claim that memories and individual perceptions can be unreliable, manipulated, and biased. as a result of this, many countries, and states within the united states, are now attempting to make changes in how eyewitness testimony is presented in court. eyewitness testimony is a specialized focus within cognitive psychology. = = reliability = = psychologists have probed the reliability of eyewitness testimony since the beginning of the 20th century. one prominent pioneer was hugo munsterberg, whose controversial book on the witness stand ( 1908 ) demonstrated the fallibility of eyewitness accounts, but met with fierce criticism, particularly in legal circles. his ideas did, however, gain popularity with the public. decades later, dna testing would clear individuals convicted on the basis of errant eyewitness testimony. studies by scheck, neufel, and dwyer showed that many dna - based exonerations involved eyewitness evidence. in the 1970s and'80s, bob buckhout showed, inter alia, that eyewitness conditions can, within ethical and other constraints, be simulated on university campuses, and that large numbers of people can be mistaken. in his study, " nearly 2, 000 witnesses can be wrong ", buckhout performed an experiment with 2, 145 at - home viewers of a popular news broadcast. the television network played a 13 - second clip of a mock robbery, produced by buckhout. in the video, viewers watched a man in a hat run up behind a woman, knock her over, and take her purse. the perpetrator's face was only visible for about 3. 5 seconds. the clip was followed by the announcer asking participants at home for cooperation in identifying the man who stole the purse. there was a lineup of six male suspects, each having a number associated with him. the people at home could call a number on their screen to report which suspect they believed was the perpetrator. the perpetrator was suspect number 2. callers also had the option of reporting that they did not believe the perpet
were made public on his 90th birthday in 2001, a study used stylostatistical methods to determine which of those talks were written by him and which were written by various aides. in 1996, the stylometric analysis of the controversial, pseudonymously authored book primary colors, performed by vassar college professor donald foster brought the topic to the attention of a wider audience after correctly identifying the author as joe klein. ( this case was resolved only after a handwriting analysis confirmed the authorship. ) in 1996, stylometric methods were used to compare the unabomber manifesto with letters written by one of the suspects, theodore kaczynski, which resulted in kaczynski's apprehension and later conviction. in april 2015, researchers using stylometry techniques identified a play, double falsehood, as being the work of william shakespeare. researchers analyzed 54 plays by shakespeare and john fletcher, and compared average sentence length, studied the use of unusual words and quantified the complexity and psychological valence of their language. in 2016, macdonald p. jackson, emeritus professor of english at the university of auckland, new zealand and a fellow of the royal society of new zealand, who had spent his entire academic career analyzing authorship attribution, wrote a book titled who wrote " the night before christmas "? : analyzing the clement clarke moore vs. henry livingston question, in which he evaluates the opposing arguments and, for the first time, uses the author - attribution techniques of modern computational stylistics to examine the long - standing controversy. jackson employs a range of tests and introduces a new one, statistical analysis of phonemes ; he concludes that livingston is the true author of the classic work. in 2017, simon fuller and james o'sullivan published a study claiming that bestselling author james patterson does not do any writing in his apparently co - authored novels. according to o'sullivan, his collaboration with former u. s. president bill clinton, the president is missing, is an exception to this rule. in 2017, a group of linguists, computer scientists, and scholars analysed the authorship of elena ferrante. based on a corpus created at university of padua containing 150 novels written by 40 authors, they analyzed ferrante's style based on seven of her novels. they were able to compare her writing style with 39 other novelists using, for example, stylo. the conclusion was the same for all of them : domenico starnone is the secret author of elena ferrante. in
data and any other type of written information. = = see also = = data re - identification digital watermarking linguistics and the book of mormon Β§ stylometry moshe koppel quantitative linguistics steganography writeprint = = notes = = = = references = = afroz, sadia ; brennan, michael ; greenstadt, rachel ( 2012 ). " detecting hoaxes, frauds, and deception in writing style online ". 2012 ieee symposium on security and privacy. pp. 461 β 475. doi : 10. 1109 / sp. 2012. 34. isbn 978 - 1 - 4673 - 1244 - 8. brennan, michael ; afroz, sadia ; greenstadt, rachel ( 2012 ). " adversarial stylometry : circumventing authorship recognition to preserve privacy and anonymity " ( pdf ). acm transactions on information and system security. 15 ( 3 ) : 1 β 22. doi : 10. 1145 / 2382448. 2382450. s2cid 16176436. brennan, michael robert ; greenstadt, rachel. " practical attacks against authorship recognition techniques ". innovative applications of artificial intelligence. brocardo, marcelo luiz ; issa traore ; sherif saad ; isaac woungang ( 2013 ). authorship verification for short messages using stylometry. ieee intl. conference on computer, information and telecommunication systems ( cits ). doi : 10. 1109 / cits. 2013. 6705711. can, fazli ; patton, jon m. ( 2004 ). " change of writing style with time ". computers and the humanities. 38 ( 1 ) : 61 β 82. citeseerx 10. 1. 1. 1. 8850. doi : 10. 1023 / b : chum. 0000009225. 28847. 77. s2cid 38242388. emmery, chris ; kadar, akos ; chrupaΕa, grzegorz ( 2021 ). " adversarial stylometry in the wild : transferable lexical substitution attacks on author profiling ". proceedings of the 16th conference of the european chapter of the association for computational linguistics : main volume. pp. 2388 β 2402. arxiv : 2101. 11310. doi : 10. 18653 / v1 / 2021. eacl - main. 203. s2cid 231
Answer:
|
overrule the objection on the ground that a layman may identify handwriting if he has seen the person in question write and has an opinion concerning the writing in question.
| null |
John Smith has denied his purported signature on a letter which has become critical in a breach of contract suit between Smith and Miller. At trial, Miller's counsel calls Alice, a teacher, who testifies that she taught John Smith mathematics in school 10 years earlier, knows his signature, and proposes to testify that the signature to the letter is that of John Smith. Smith's counsel objects. The trial judge should
0. sustain the objection on the ground that identification of handwriting requires expert testimony and the teacher does not, per se, qualify as an expert.
1. sustain the objection on the ground that the best evidence of Smith's handwriting would be testimony by a person who had examined his writing more recently than 10 years ago.
2. overrule the objection on the ground that a schoolteacher qualifies as an expert witness for the purpose of identifying handwriting.
3. overrule the objection on the ground that a layman may identify handwriting if he has seen the person in question write and has an opinion concerning the writing in question.
an inherent part of nature. on the other hand, thomas aquinas used the observation of the existence of rich patterns in nature as proof that nature is not ruled by chance. proofs need not be verbal. before copernicus, people took the apparent motion of the sun across the sky as proof that the sun went round the earth. suitably incriminating evidence left at the scene of a crime may serve as proof of the identity of the perpetrator. conversely, a verbal entity need not assert a proposition to constitute a proof of that proposition. for example, a signature constitutes direct proof of authorship ; less directly, handwriting analysis may be submitted as proof of authorship of a document. privileged information in a document can serve as proof that the document's author had access to that information ; such access might in turn establish the location of the author at certain time, which might then provide the author with an alibi. = = proof vs evidence = = 18th - century scottish philosopher david hume built on aristotle's separation of belief from knowledge, recognizing that one can be said to " know " something only if one has firsthand experience with it, in a strict sense proof, while one can infer that something is true and therefore " believe " it without knowing, via evidence or supposition. this speaks to one way of separating proof from evidence : if one cannot find their chocolate bar, and sees chocolate on their napping roommate's face, this evidence can cause one to believe their roommate ate the chocolate bar. but they do not know their roommate ate it. it may turn out that the roommate put the candy away when straightening up, but was thus inspired to go eat their own chocolate. only if one directly experiences proof of the roommate eating it, perhaps by walking in on them doing so, would one have certain knowledge, in hume's sense, that the roommate did it. in a more strict sense of sure knowledge, one may be unable to prove anything to a rational certainty beyond that of the existence of one's immediate sensory awareness. descartes famously raised a similarly strict standard with his first principle cogito, ergo sum ( i think, therefore i am ). while descartes'larger project in meditations on first philosophy has knowledge of god and the external world β founded on the certainty of the cogito β as its aim, his legacy in doing so is to have shown that one cannot have such proof, because all perceptions could be false ( such as under the evil demon or
a signature crime is a crime which exhibits characteristics idiosyncratic to specific criminals, known as signature aspects, signature behaviours or signature characteristics. where a modus operandi ( mo ) concerns the practical components of a crime which can also be unique to one suspect, signature aspects fulfill a psychological need and, unlike the mo, do not often change. two examples cited in crime classification manual by john douglas are a bank robber from michigan who required tellers to undress during the robbery so he could photograph them, and a rape case where the perpetrator forced the husband to return home and be humiliated by the event. these characteristics move beyond modus operandi, because they fulfill a psychological need rather than a need of practical execution of the crime. the 1898 gatton murders also exhibited signature aspects. following the murders, the bodies were re - arranged so their legs crossed over their bodies with the feet pointing west. ted bundy also used a complex series of signature behaviours. = = notes = = = = references = = douglas, j. e., burgess, a. w., burgess, a. g., & ressler, r. k. ( 1992 ). crime classification manual : a standard system for investigating and classifying violent crimes. san francisco, ca : jossey - bass. keppel, r. d., & birnes, w. j. ( 1997 ). signature killers : interpreting the calling cards of the serial murderer. new york, ny : pocket books.
eyewitness testimony is the account a bystander or victim gives in the courtroom, describing what that person observed that occurred during the specific incident under investigation. ideally this recollection of events is detailed ; however, this is not always the case. this recollection is used as evidence to show what happened from a witness'point of view. memory recall has been considered a credible source in the past, but has recently come under attack as forensics can now support psychologists in their claim that memories and individual perceptions can be unreliable, manipulated, and biased. as a result of this, many countries, and states within the united states, are now attempting to make changes in how eyewitness testimony is presented in court. eyewitness testimony is a specialized focus within cognitive psychology. = = reliability = = psychologists have probed the reliability of eyewitness testimony since the beginning of the 20th century. one prominent pioneer was hugo munsterberg, whose controversial book on the witness stand ( 1908 ) demonstrated the fallibility of eyewitness accounts, but met with fierce criticism, particularly in legal circles. his ideas did, however, gain popularity with the public. decades later, dna testing would clear individuals convicted on the basis of errant eyewitness testimony. studies by scheck, neufel, and dwyer showed that many dna - based exonerations involved eyewitness evidence. in the 1970s and'80s, bob buckhout showed, inter alia, that eyewitness conditions can, within ethical and other constraints, be simulated on university campuses, and that large numbers of people can be mistaken. in his study, " nearly 2, 000 witnesses can be wrong ", buckhout performed an experiment with 2, 145 at - home viewers of a popular news broadcast. the television network played a 13 - second clip of a mock robbery, produced by buckhout. in the video, viewers watched a man in a hat run up behind a woman, knock her over, and take her purse. the perpetrator's face was only visible for about 3. 5 seconds. the clip was followed by the announcer asking participants at home for cooperation in identifying the man who stole the purse. there was a lineup of six male suspects, each having a number associated with him. the people at home could call a number on their screen to report which suspect they believed was the perpetrator. the perpetrator was suspect number 2. callers also had the option of reporting that they did not believe the perpet
were made public on his 90th birthday in 2001, a study used stylostatistical methods to determine which of those talks were written by him and which were written by various aides. in 1996, the stylometric analysis of the controversial, pseudonymously authored book primary colors, performed by vassar college professor donald foster brought the topic to the attention of a wider audience after correctly identifying the author as joe klein. ( this case was resolved only after a handwriting analysis confirmed the authorship. ) in 1996, stylometric methods were used to compare the unabomber manifesto with letters written by one of the suspects, theodore kaczynski, which resulted in kaczynski's apprehension and later conviction. in april 2015, researchers using stylometry techniques identified a play, double falsehood, as being the work of william shakespeare. researchers analyzed 54 plays by shakespeare and john fletcher, and compared average sentence length, studied the use of unusual words and quantified the complexity and psychological valence of their language. in 2016, macdonald p. jackson, emeritus professor of english at the university of auckland, new zealand and a fellow of the royal society of new zealand, who had spent his entire academic career analyzing authorship attribution, wrote a book titled who wrote " the night before christmas "? : analyzing the clement clarke moore vs. henry livingston question, in which he evaluates the opposing arguments and, for the first time, uses the author - attribution techniques of modern computational stylistics to examine the long - standing controversy. jackson employs a range of tests and introduces a new one, statistical analysis of phonemes ; he concludes that livingston is the true author of the classic work. in 2017, simon fuller and james o'sullivan published a study claiming that bestselling author james patterson does not do any writing in his apparently co - authored novels. according to o'sullivan, his collaboration with former u. s. president bill clinton, the president is missing, is an exception to this rule. in 2017, a group of linguists, computer scientists, and scholars analysed the authorship of elena ferrante. based on a corpus created at university of padua containing 150 novels written by 40 authors, they analyzed ferrante's style based on seven of her novels. they were able to compare her writing style with 39 other novelists using, for example, stylo. the conclusion was the same for all of them : domenico starnone is the secret author of elena ferrante. in
data and any other type of written information. = = see also = = data re - identification digital watermarking linguistics and the book of mormon Β§ stylometry moshe koppel quantitative linguistics steganography writeprint = = notes = = = = references = = afroz, sadia ; brennan, michael ; greenstadt, rachel ( 2012 ). " detecting hoaxes, frauds, and deception in writing style online ". 2012 ieee symposium on security and privacy. pp. 461 β 475. doi : 10. 1109 / sp. 2012. 34. isbn 978 - 1 - 4673 - 1244 - 8. brennan, michael ; afroz, sadia ; greenstadt, rachel ( 2012 ). " adversarial stylometry : circumventing authorship recognition to preserve privacy and anonymity " ( pdf ). acm transactions on information and system security. 15 ( 3 ) : 1 β 22. doi : 10. 1145 / 2382448. 2382450. s2cid 16176436. brennan, michael robert ; greenstadt, rachel. " practical attacks against authorship recognition techniques ". innovative applications of artificial intelligence. brocardo, marcelo luiz ; issa traore ; sherif saad ; isaac woungang ( 2013 ). authorship verification for short messages using stylometry. ieee intl. conference on computer, information and telecommunication systems ( cits ). doi : 10. 1109 / cits. 2013. 6705711. can, fazli ; patton, jon m. ( 2004 ). " change of writing style with time ". computers and the humanities. 38 ( 1 ) : 61 β 82. citeseerx 10. 1. 1. 1. 8850. doi : 10. 1023 / b : chum. 0000009225. 28847. 77. s2cid 38242388. emmery, chris ; kadar, akos ; chrupaΕa, grzegorz ( 2021 ). " adversarial stylometry in the wild : transferable lexical substitution attacks on author profiling ". proceedings of the 16th conference of the european chapter of the association for computational linguistics : main volume. pp. 2388 β 2402. arxiv : 2101. 11310. doi : 10. 18653 / v1 / 2021. eacl - main. 203. s2cid 231
Answer:
|
sustain the objection on the ground that identification of handwriting requires expert testimony and the teacher does not, per se, qualify as an expert.
| 0.3 |
Paula sued for injuries she sustained in a fall in a hotel hallway connecting the lobby of the hotel with a restaurant located in the hotel building. The hallway floor was covered with vinyl tile. The defendants were Horne, owner of the hotel building, and Lee, lessee of the restaurant. The evidence was that the hallway floor had been waxed approximately an hour before Paula slipped on it, and although the wax had dried, there appeared to be excessive dried wax caked on several of the tiles. Horne's defense was that the hallway was a part of the premises leased to Lee over which he retained no control, and Lee denied negligence and alleged contributory negligence."Lee offered to prove by Marks, the restaurant manager, that in the week immediately preceding Paula's fall at least 1,000 people had used the hallway in going to and from the restaurant, and Marks had neither seen anyone fall nor received reports that anyone had fallen. The trial judge should rule this evidence
0. admissible, because it tends to prove that Paula did not use the care exercised by reasonably prudent people.
1. admissible, because it tends to prove that Lee was generally careful in maintaining the floor.
2. inadmissible, because Marks' testimony is self-serving.
3. inadmissible, because it does not bear on the issue of Lee's exercise of due care on this specific occasion
a juror engaged in such reasoning would ignore evidence unless the evidence itself can ( or cannot ) be supported by the judgment of the ultimate fact. i. e., jurors would ignore naked statistics ( such as the rate of traffic ) because the identity of the responsible bus wouldn't prove or disprove the statistics, but jurors would consider the weight attendant's testimony because his testimony could be supported ( or not ) by the identity of the responsible bus. in two additional experiments, participants were presented with the tire tracks case or the tire tracks - belief case. both cases relied on the testimony of a transportation official who examined the prints of tire tracks and compared them to the buses from the two companies. in the tire tracks case, the official testified that the tracks matched 80 % of the blue bus company buses, and 20 % of the gray bus company buses. in the tire tracks - belief case, the official testified that he used a tire - matching technique that provides correct results 80 % of the time, and he believed that a specific blue bus was responsible for the accident. as before, participants reported an average 80 % probability that a blue bus struck the dog in both cases. however, the tire tracks participants tended not to judge against the blue bus company, while the tire tracks - belief participants did. subsequent research has led to the proposal of an " ease - of - simulation " mechanism being responsible for the effect. niedermeier, kerr, and messe ( 1999 ) argued that jurors in wells's experiments ruled in favor of the blue bus company when they had an easier time imagining that the gray bus company was responsible for the accident. they replicated the wells effect but also included manipulations that were meant to make it easier to imagine that a gray bus was responsible. for instance, their partial - match / simulation case was similar to wells's tire tracks - belief case, except the witness was cross - examined by the defense and admitted that it was possible that a gray bus caused the accident. the researchers also probed participants with new questions meant to measure the ease of this mental simulation ( e. g., " on an 11 - point scale, how easy it was to imagine that a grey bus company bus ran over the dog " ). in these experiments, participants were less likely to make a judgment against the blue bus company in cases where they had an easier time imagining that a gray bus was responsible for the accident, even though they reported an identical probability that a blue bus was
in 1991 and to harmonize it with section 1981 jurisprudence, as a result of a series of controversial supreme court decisions : patterson v. mclean credit union, 491 u. s. 164 ( 1989 ), which held that an employee could not sue for damages caused by racial harassment on the job because even if the employer's conduct were discriminatory, the employer had not denied the employee the " same right... to make and enforce contracts... as is enjoyed by white citizens, " the language that congress chose in passing the law in 1866. wards cove packing co. v. atonio, 490 u. s. 642 ( 1989 ), which made it more difficult for employees of wards cove packing company to prove that an employer's personnel practices, neutral on their face, had an unlawful disparate impact on them by requiring that they identify the particular policy or requirement that allegedly produced inequalities in the workplace and show that it, in isolation, had that effect. price waterhouse v. hopkins, 490 u. s. 228 ( 1989 ), which held that the burden of proof shifted, once an employee had proved that an unlawful consideration had played a part in the employer's personnel decision, to the employer to prove that it would have made the same decision if it had not been motivated by that unlawful factor, but such proof by the employer would constitute a complete defense for the employer. martin v. wilks, 490 u. s. 755 ( 1989 ), which permitted white firefighters who had not been party to the litigation, establishing a consent decree governing hiring and promotion of black firefighters in the birmingham, alabama, fire department, to bring suit to challenge the decree. united automobile workers v. johnson controls, inc., 499 u. s. 187 ( 1991 ), which held that title vii prohibits gender - specific fetal protection policies. = = changes = = patterson had attracted much criticism since it appeared to leave employees victimized by racial harassment on the job with no effective remedies, as they could not prove a violation of section 1981 and could rarely show any wage losses that they could recover under title vii. in addition, the court's narrow reading of the phrase " make or enforce contracts " eliminated any liability under section 1981 for lost promotions and most other personnel decisions that did not constitute a refusal to hire on the basis of race or color. congress addressed the issue by redefining the phrase " make and enforce contracts " to include " the making, performance, modification
. one child and one parent were brought into a room with a puppet, in which a " do not touch " sign was displayed beside it. the parents ( as instructed by the experimenters before entering the room and unbeknownst to the child ) were told to pick up the puppet and exclaim " i have broken the puppet! " and point to the " do not touch " sign. the parents were instructed to have the children lie for them by not letting the experimenters know that they had touched the puppet. after the child agreed not to tell on the parent, they were then asked a series of questions by the experimenter. there were three types of conditions for the question task : a parent absent condition, in which the parents left the room while the experimenter asked the questions. a parent present condition, in which the parents were in the room with their backs away from the child and the experimenter. a child absent condition, in which the child was not in the room when the parent broke the puppet, however the experimenter would return the child to the room and leave. the parent would then admit to the child what they had done and prompt the child to lie to the experimenter upon his return. the children were asked two individual sets of questions. the first set focused primarily on the actual situation. they were asked if they had broken the puppet, if their parents had broken it, or if someone else came into the room and broke the puppet. a second experimenter asked a different set of questions that was more hypothetically based than the first set. their questions were designed to simulate a court competence examination. the children were told a story and asked questions about it to determine their capacity to comprehend moral values. they were also given a hypothetical situation in which the child was told by their parents not to climb a tree. hypothetically the child climbed the tree anyway and was asked if they would lie to their parents. all of the children were told the definition of a " promise " and then asked to promise to tell the truth for the next set of questioning. the children were then asked the same questions they heard in the first set about the broken puppet. the children and parents were debriefed after the questions were finished. = = = = apparatus and methods for experiment two = = = = the second experiment had 64 children between the ages of 3 and 11 ( along with the children's parents ) participate. the design of the second experiment was similar to the first but had noticeable modifications to the child absent condition. the
1981 for lost promotions and most other personnel decisions that did not constitute a refusal to hire on the basis of race or color. congress addressed the issue by redefining the phrase " make and enforce contracts " to include " the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship. " congress also clarified that section 1981 applied to both governmental and private discrimination, the issue that the supreme court originally announced it would decide in patterson. congress also believed that the wards cove case made it too difficult to prove disparate impact claims under title vii. while the amended act still generally requires that a plaintiff identify particular employment practice ( s ) allegedly causing a disparate impact, congress added that an employer's decisionmaking process may be analyzed as a whole if the plaintiff can show that " the elements of [ an employer's ] decisionmaking process are not capable of separation for analysis. " congress also established that the employer has the burden of proof on the business necessity defense and restored the meaning of " business necessity " to how it was interpreted before wards cove. congress did not, however, alter the portion of wards cove describing the plaintiff's burden with respect to statistical proof, in which the court had held : " the mere existence of a statistical imbalance in an employer's workforce on account of race, color, religion, sex, or national origin is not alone sufficient to establish a prima facie case of disparate impact violation. " while the majority in congress supported the burden - shifting rule in price waterhouse, it was uncomfortable with how that case gave the employer the ability to prove that it would have made the same decision in any event, as a complete defense in a case in which it had been shown that race or gender or another unlawful factor played a significant role in its decision. congress amended the act to provide that the employer's proof that it would have made the same decision in any case was a defense to back pay, reinstatement and other remedies but not to liability per se. the practical effect of this change was to allow a party that proved that the employer discriminated but could not show that it made any practical difference to the outcome could still recover attorney's fees after showing that the employer discriminated, even if no other remedy was awarded. finally, congress limited the rights of non - parties to attack consent decrees by barring any challenges by parties who knew or should have known of the decree or who
). in these experiments, participants were less likely to make a judgment against the blue bus company in cases where they had an easier time imagining that a gray bus was responsible for the accident, even though they reported an identical probability that a blue bus was responsible. more recent work has endorsed a model of juror decision making that includes subjective probability of guilt as only one of its inputs. arkes, shoots - reinhard, & mayes ( 2012 ) identified factors that influenced verdicts only by influencing subjective probability, and factors that influenced verdicts without changing subjective probability. for example, the addition of a non - diagnostic witness ( whose testimony was shown to be unreliable during cross - examination ) influenced verdicts but not subjective probability. on the other hand, negative evidence ( i. e., evidence that they gray bus company was not responsible ) caused participants to erroneously make lower probability judgements that a blue bus struck the dog, and resulted in a concordant decrease in guilty verdicts. across three experiments, the researchers also measured participants'level of agreement with the statement, " it is unfair to blame the blue bus company unless you can prove that they hit the dog ; just stating what is likely isn β t enough evidence, the plaintiff must show that they were directly involved in the accident. " levels of agreement were strongly correlated with verdicts in favor of the blue bus company across case variants. this body of work also supports an earlier non - empirical argument positing that jurors would object to the use of naked statistics on the grounds of morality, because doing so would deny the autonomy of the defendant ; the morality of basing a decision on statistical evidence can influence verdicts without influencing the subjective probability of guilt. = = see also = = heuristics in judgment and decision - making bounded rationality base rate fallacy = = references = = = = further reading = = roeckelein, j. e. ( 2006 - 01 - 19 ). elsevier's dictionary of psychological theories. elsevier. pp. 627 β. isbn 9780080460642. retrieved 10 november 2017. cane, peter ; kritzer, herbert ( 2012 - 05 - 17 ). the oxford handbook of empirical legal research. oup oxford. pp. 668 β. isbn 9780191635434. retrieved 10 november 2017.
Answer:
|
inadmissible, because it does not bear on the issue of Lee's exercise of due care on this specific occasion
| null |
Paula sued for injuries she sustained in a fall in a hotel hallway connecting the lobby of the hotel with a restaurant located in the hotel building. The hallway floor was covered with vinyl tile. The defendants were Horne, owner of the hotel building, and Lee, lessee of the restaurant. The evidence was that the hallway floor had been waxed approximately an hour before Paula slipped on it, and although the wax had dried, there appeared to be excessive dried wax caked on several of the tiles. Horne's defense was that the hallway was a part of the premises leased to Lee over which he retained no control, and Lee denied negligence and alleged contributory negligence."Lee offered to prove by Marks, the restaurant manager, that in the week immediately preceding Paula's fall at least 1,000 people had used the hallway in going to and from the restaurant, and Marks had neither seen anyone fall nor received reports that anyone had fallen. The trial judge should rule this evidence
0. admissible, because it tends to prove that Paula did not use the care exercised by reasonably prudent people.
1. admissible, because it tends to prove that Lee was generally careful in maintaining the floor.
2. inadmissible, because Marks' testimony is self-serving.
3. inadmissible, because it does not bear on the issue of Lee's exercise of due care on this specific occasion
a juror engaged in such reasoning would ignore evidence unless the evidence itself can ( or cannot ) be supported by the judgment of the ultimate fact. i. e., jurors would ignore naked statistics ( such as the rate of traffic ) because the identity of the responsible bus wouldn't prove or disprove the statistics, but jurors would consider the weight attendant's testimony because his testimony could be supported ( or not ) by the identity of the responsible bus. in two additional experiments, participants were presented with the tire tracks case or the tire tracks - belief case. both cases relied on the testimony of a transportation official who examined the prints of tire tracks and compared them to the buses from the two companies. in the tire tracks case, the official testified that the tracks matched 80 % of the blue bus company buses, and 20 % of the gray bus company buses. in the tire tracks - belief case, the official testified that he used a tire - matching technique that provides correct results 80 % of the time, and he believed that a specific blue bus was responsible for the accident. as before, participants reported an average 80 % probability that a blue bus struck the dog in both cases. however, the tire tracks participants tended not to judge against the blue bus company, while the tire tracks - belief participants did. subsequent research has led to the proposal of an " ease - of - simulation " mechanism being responsible for the effect. niedermeier, kerr, and messe ( 1999 ) argued that jurors in wells's experiments ruled in favor of the blue bus company when they had an easier time imagining that the gray bus company was responsible for the accident. they replicated the wells effect but also included manipulations that were meant to make it easier to imagine that a gray bus was responsible. for instance, their partial - match / simulation case was similar to wells's tire tracks - belief case, except the witness was cross - examined by the defense and admitted that it was possible that a gray bus caused the accident. the researchers also probed participants with new questions meant to measure the ease of this mental simulation ( e. g., " on an 11 - point scale, how easy it was to imagine that a grey bus company bus ran over the dog " ). in these experiments, participants were less likely to make a judgment against the blue bus company in cases where they had an easier time imagining that a gray bus was responsible for the accident, even though they reported an identical probability that a blue bus was
in 1991 and to harmonize it with section 1981 jurisprudence, as a result of a series of controversial supreme court decisions : patterson v. mclean credit union, 491 u. s. 164 ( 1989 ), which held that an employee could not sue for damages caused by racial harassment on the job because even if the employer's conduct were discriminatory, the employer had not denied the employee the " same right... to make and enforce contracts... as is enjoyed by white citizens, " the language that congress chose in passing the law in 1866. wards cove packing co. v. atonio, 490 u. s. 642 ( 1989 ), which made it more difficult for employees of wards cove packing company to prove that an employer's personnel practices, neutral on their face, had an unlawful disparate impact on them by requiring that they identify the particular policy or requirement that allegedly produced inequalities in the workplace and show that it, in isolation, had that effect. price waterhouse v. hopkins, 490 u. s. 228 ( 1989 ), which held that the burden of proof shifted, once an employee had proved that an unlawful consideration had played a part in the employer's personnel decision, to the employer to prove that it would have made the same decision if it had not been motivated by that unlawful factor, but such proof by the employer would constitute a complete defense for the employer. martin v. wilks, 490 u. s. 755 ( 1989 ), which permitted white firefighters who had not been party to the litigation, establishing a consent decree governing hiring and promotion of black firefighters in the birmingham, alabama, fire department, to bring suit to challenge the decree. united automobile workers v. johnson controls, inc., 499 u. s. 187 ( 1991 ), which held that title vii prohibits gender - specific fetal protection policies. = = changes = = patterson had attracted much criticism since it appeared to leave employees victimized by racial harassment on the job with no effective remedies, as they could not prove a violation of section 1981 and could rarely show any wage losses that they could recover under title vii. in addition, the court's narrow reading of the phrase " make or enforce contracts " eliminated any liability under section 1981 for lost promotions and most other personnel decisions that did not constitute a refusal to hire on the basis of race or color. congress addressed the issue by redefining the phrase " make and enforce contracts " to include " the making, performance, modification
. one child and one parent were brought into a room with a puppet, in which a " do not touch " sign was displayed beside it. the parents ( as instructed by the experimenters before entering the room and unbeknownst to the child ) were told to pick up the puppet and exclaim " i have broken the puppet! " and point to the " do not touch " sign. the parents were instructed to have the children lie for them by not letting the experimenters know that they had touched the puppet. after the child agreed not to tell on the parent, they were then asked a series of questions by the experimenter. there were three types of conditions for the question task : a parent absent condition, in which the parents left the room while the experimenter asked the questions. a parent present condition, in which the parents were in the room with their backs away from the child and the experimenter. a child absent condition, in which the child was not in the room when the parent broke the puppet, however the experimenter would return the child to the room and leave. the parent would then admit to the child what they had done and prompt the child to lie to the experimenter upon his return. the children were asked two individual sets of questions. the first set focused primarily on the actual situation. they were asked if they had broken the puppet, if their parents had broken it, or if someone else came into the room and broke the puppet. a second experimenter asked a different set of questions that was more hypothetically based than the first set. their questions were designed to simulate a court competence examination. the children were told a story and asked questions about it to determine their capacity to comprehend moral values. they were also given a hypothetical situation in which the child was told by their parents not to climb a tree. hypothetically the child climbed the tree anyway and was asked if they would lie to their parents. all of the children were told the definition of a " promise " and then asked to promise to tell the truth for the next set of questioning. the children were then asked the same questions they heard in the first set about the broken puppet. the children and parents were debriefed after the questions were finished. = = = = apparatus and methods for experiment two = = = = the second experiment had 64 children between the ages of 3 and 11 ( along with the children's parents ) participate. the design of the second experiment was similar to the first but had noticeable modifications to the child absent condition. the
1981 for lost promotions and most other personnel decisions that did not constitute a refusal to hire on the basis of race or color. congress addressed the issue by redefining the phrase " make and enforce contracts " to include " the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship. " congress also clarified that section 1981 applied to both governmental and private discrimination, the issue that the supreme court originally announced it would decide in patterson. congress also believed that the wards cove case made it too difficult to prove disparate impact claims under title vii. while the amended act still generally requires that a plaintiff identify particular employment practice ( s ) allegedly causing a disparate impact, congress added that an employer's decisionmaking process may be analyzed as a whole if the plaintiff can show that " the elements of [ an employer's ] decisionmaking process are not capable of separation for analysis. " congress also established that the employer has the burden of proof on the business necessity defense and restored the meaning of " business necessity " to how it was interpreted before wards cove. congress did not, however, alter the portion of wards cove describing the plaintiff's burden with respect to statistical proof, in which the court had held : " the mere existence of a statistical imbalance in an employer's workforce on account of race, color, religion, sex, or national origin is not alone sufficient to establish a prima facie case of disparate impact violation. " while the majority in congress supported the burden - shifting rule in price waterhouse, it was uncomfortable with how that case gave the employer the ability to prove that it would have made the same decision in any event, as a complete defense in a case in which it had been shown that race or gender or another unlawful factor played a significant role in its decision. congress amended the act to provide that the employer's proof that it would have made the same decision in any case was a defense to back pay, reinstatement and other remedies but not to liability per se. the practical effect of this change was to allow a party that proved that the employer discriminated but could not show that it made any practical difference to the outcome could still recover attorney's fees after showing that the employer discriminated, even if no other remedy was awarded. finally, congress limited the rights of non - parties to attack consent decrees by barring any challenges by parties who knew or should have known of the decree or who
). in these experiments, participants were less likely to make a judgment against the blue bus company in cases where they had an easier time imagining that a gray bus was responsible for the accident, even though they reported an identical probability that a blue bus was responsible. more recent work has endorsed a model of juror decision making that includes subjective probability of guilt as only one of its inputs. arkes, shoots - reinhard, & mayes ( 2012 ) identified factors that influenced verdicts only by influencing subjective probability, and factors that influenced verdicts without changing subjective probability. for example, the addition of a non - diagnostic witness ( whose testimony was shown to be unreliable during cross - examination ) influenced verdicts but not subjective probability. on the other hand, negative evidence ( i. e., evidence that they gray bus company was not responsible ) caused participants to erroneously make lower probability judgements that a blue bus struck the dog, and resulted in a concordant decrease in guilty verdicts. across three experiments, the researchers also measured participants'level of agreement with the statement, " it is unfair to blame the blue bus company unless you can prove that they hit the dog ; just stating what is likely isn β t enough evidence, the plaintiff must show that they were directly involved in the accident. " levels of agreement were strongly correlated with verdicts in favor of the blue bus company across case variants. this body of work also supports an earlier non - empirical argument positing that jurors would object to the use of naked statistics on the grounds of morality, because doing so would deny the autonomy of the defendant ; the morality of basing a decision on statistical evidence can influence verdicts without influencing the subjective probability of guilt. = = see also = = heuristics in judgment and decision - making bounded rationality base rate fallacy = = references = = = = further reading = = roeckelein, j. e. ( 2006 - 01 - 19 ). elsevier's dictionary of psychological theories. elsevier. pp. 627 β. isbn 9780080460642. retrieved 10 november 2017. cane, peter ; kritzer, herbert ( 2012 - 05 - 17 ). the oxford handbook of empirical legal research. oup oxford. pp. 668 β. isbn 9780191635434. retrieved 10 november 2017.
Answer:
|
admissible, because it tends to prove that Paula did not use the care exercised by reasonably prudent people.
| 0.3 |
Paula sued for injuries she sustained in a fall in a hotel hallway connecting the lobby of the hotel with a restaurant located in the hotel building. The hallway floor was covered with vinyl tile. The defendants were Horne, owner of the hotel building, and Lee, lessee of the restaurant. The evidence was that the hallway floor had been waxed approximately an hour before Paula slipped on it, and although the wax had dried, there appeared to be excessive dried wax caked on several of the tiles. Horne's defense was that the hallway was a part of the premises leased to Lee over which he retained no control, and Lee denied negligence and alleged contributory negligence."If Paula offered to prove that the day after she fell Horne had the vinyl tile taken up and replaced with a new floor covering, the trial judge should rule the evidence
0. admissible, because it is relevant to the issue of whether Horne retained control of the hallway.
1. admissible, because it is relevant to the issue of awareness of the unsafe condition of the hallway at the time of Paula's fall.
2. inadmissible, because there was no showing that the new floor covering would be any safer than the old.
3. inadmissible, because to admit such would discourage a policy of making repairs to prevent further injury, regardless of fault
. one child and one parent were brought into a room with a puppet, in which a " do not touch " sign was displayed beside it. the parents ( as instructed by the experimenters before entering the room and unbeknownst to the child ) were told to pick up the puppet and exclaim " i have broken the puppet! " and point to the " do not touch " sign. the parents were instructed to have the children lie for them by not letting the experimenters know that they had touched the puppet. after the child agreed not to tell on the parent, they were then asked a series of questions by the experimenter. there were three types of conditions for the question task : a parent absent condition, in which the parents left the room while the experimenter asked the questions. a parent present condition, in which the parents were in the room with their backs away from the child and the experimenter. a child absent condition, in which the child was not in the room when the parent broke the puppet, however the experimenter would return the child to the room and leave. the parent would then admit to the child what they had done and prompt the child to lie to the experimenter upon his return. the children were asked two individual sets of questions. the first set focused primarily on the actual situation. they were asked if they had broken the puppet, if their parents had broken it, or if someone else came into the room and broke the puppet. a second experimenter asked a different set of questions that was more hypothetically based than the first set. their questions were designed to simulate a court competence examination. the children were told a story and asked questions about it to determine their capacity to comprehend moral values. they were also given a hypothetical situation in which the child was told by their parents not to climb a tree. hypothetically the child climbed the tree anyway and was asked if they would lie to their parents. all of the children were told the definition of a " promise " and then asked to promise to tell the truth for the next set of questioning. the children were then asked the same questions they heard in the first set about the broken puppet. the children and parents were debriefed after the questions were finished. = = = = apparatus and methods for experiment two = = = = the second experiment had 64 children between the ages of 3 and 11 ( along with the children's parents ) participate. the design of the second experiment was similar to the first but had noticeable modifications to the child absent condition. the
in 1991 and to harmonize it with section 1981 jurisprudence, as a result of a series of controversial supreme court decisions : patterson v. mclean credit union, 491 u. s. 164 ( 1989 ), which held that an employee could not sue for damages caused by racial harassment on the job because even if the employer's conduct were discriminatory, the employer had not denied the employee the " same right... to make and enforce contracts... as is enjoyed by white citizens, " the language that congress chose in passing the law in 1866. wards cove packing co. v. atonio, 490 u. s. 642 ( 1989 ), which made it more difficult for employees of wards cove packing company to prove that an employer's personnel practices, neutral on their face, had an unlawful disparate impact on them by requiring that they identify the particular policy or requirement that allegedly produced inequalities in the workplace and show that it, in isolation, had that effect. price waterhouse v. hopkins, 490 u. s. 228 ( 1989 ), which held that the burden of proof shifted, once an employee had proved that an unlawful consideration had played a part in the employer's personnel decision, to the employer to prove that it would have made the same decision if it had not been motivated by that unlawful factor, but such proof by the employer would constitute a complete defense for the employer. martin v. wilks, 490 u. s. 755 ( 1989 ), which permitted white firefighters who had not been party to the litigation, establishing a consent decree governing hiring and promotion of black firefighters in the birmingham, alabama, fire department, to bring suit to challenge the decree. united automobile workers v. johnson controls, inc., 499 u. s. 187 ( 1991 ), which held that title vii prohibits gender - specific fetal protection policies. = = changes = = patterson had attracted much criticism since it appeared to leave employees victimized by racial harassment on the job with no effective remedies, as they could not prove a violation of section 1981 and could rarely show any wage losses that they could recover under title vii. in addition, the court's narrow reading of the phrase " make or enforce contracts " eliminated any liability under section 1981 for lost promotions and most other personnel decisions that did not constitute a refusal to hire on the basis of race or color. congress addressed the issue by redefining the phrase " make and enforce contracts " to include " the making, performance, modification
, among other things, the reliability and fit of the methods described by the expert. after an extensive examination and discussion of the 3 - step process used by the expert, the court found that the methodology appropriately fit the specific facts of the case, and that a population - based ( epidemiologic ) approach was an appropriate part of the causal methodology. the court denied the defendant's motion to strike the expert's testimony in the order, which was entered on 3 / 31 / 14. the defendant appealed the ruling from the district court, and in july 2016, the tenth circuit u. s. court of appeals affirmed the 3 - step causal methodology as generally accepted and well established for assessing injury causation, under the daubert standard. see etherton v. auto - owners insurance company, no. 14 - 1164 ( 10th cir, 7 / 19 / 16 ) [ 2 ]. = = = = hill viewpoints = = = = plausibility of an investigated association can be assessed in an fe investigation, in part, via application of the hill criteria, named for a 1965 publication by sir austin bradford - hill, in which he described nine " viewpoints " by which an association described in an epidemiologic study could be assessed for causality. hill declined to call his viewpoints " criteria " lest they be considered a checklist for assessing causation. the term " hill criteria " is used widely in the literature, however, and for convenience is used in the present discussion. of the nine criteria, there are seven that have utility for assessing the plausibility of an investigated specific causal relationship, as follows : coherence : a causal conclusion should not contradict present substantive knowledge. it should " make sense " given current knowledge analogy : the results of a previously described causal relationship may be translatable to the circumstances of a current investigation consistency : the repeated observation of the investigated relationship in different circumstances or across a number of studies lends strength to a causal inference specificity : the degree to which the exposure is associated with a particular outcome biological plausibility : the extent to which the observed association can be explained by known scientific principles experiment : in some cases there may be evidence from randomized experiments ( i. e., drug trials ) dose response : the probability, frequency, or severity of the outcome increases with increased amount of exposure subsequent authors have added the feature of challenge / dechallenge / rechallenge for circumstances when the exposure is repeated over time and there
causal relationship between deficient development or pathological ( mental ) disorder and the crime [ i. e. not every disorder or developmental deficit excuses every crime ] ; and based on the criteria above, there is a reasonable assumption the deficient development or pathological disorder of his mental faculties excuses culpability of the crime. if the inculpability defense succeeds, the defendant cannot be ordered to incarceration proper. if the defendant is deemed to be criminally insane ( i. e. deemed to pose a risk to himself or others ), the court instead may order involuntary admission to a mental institution for further evaluation and / or treatment. the court can opt for a definite period of time ( when complete or at least sufficient recovery of mental faculties on a relatively short time scale is probable ) or an indefinite period of time ( when the defendant's ailment is deemed to be difficult or impossible to treat, or can be supposed to be refractory to treatment ). if the inculpability defense succeeds only partly ( [ i. e. if the crime cannot be completely excused because of a minor degree of deficient development or pathological ( mental ) disorder ), there may still be a legal basis for a diminished culpability of the defendant ; in such case, a diminished prison sentence should be ordered. this can also be combined with the aforementioned involuntary admission to a mental institution, although in these cases the two'sentences'often run / are served in parallel. = = = norway = = = in norway, psychotic perpetrators are declared guilty but not punished and, instead of prison, they are sentenced to mandatory treatment. section 44 of the penal code states specifically that " a person who at the time of the crime was insane or unconscious is not punished ". = = = poland = = = insanity is determined through a judicial decision issued on the basis of expert opinions of psychiatrists and psychologists. = = = russia = = = a forensic psychiatric examination is used to establish insanity. the result of the forensic examination is then subjected to a legal assessment, taking into account other circumstances of the case, from which a conclusion is drawn about the defendant's sanity or insanity. the criminal code of russia establishes that a person who during the commission of an illegal act was in a state of insanity, that is, could not be aware of the actual nature and social danger of their actions or was unable to control them due to a chronic mental disorder, a temporary mental disorder, or dementia is not subject to criminal liability. = = = sweden
1981 for lost promotions and most other personnel decisions that did not constitute a refusal to hire on the basis of race or color. congress addressed the issue by redefining the phrase " make and enforce contracts " to include " the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship. " congress also clarified that section 1981 applied to both governmental and private discrimination, the issue that the supreme court originally announced it would decide in patterson. congress also believed that the wards cove case made it too difficult to prove disparate impact claims under title vii. while the amended act still generally requires that a plaintiff identify particular employment practice ( s ) allegedly causing a disparate impact, congress added that an employer's decisionmaking process may be analyzed as a whole if the plaintiff can show that " the elements of [ an employer's ] decisionmaking process are not capable of separation for analysis. " congress also established that the employer has the burden of proof on the business necessity defense and restored the meaning of " business necessity " to how it was interpreted before wards cove. congress did not, however, alter the portion of wards cove describing the plaintiff's burden with respect to statistical proof, in which the court had held : " the mere existence of a statistical imbalance in an employer's workforce on account of race, color, religion, sex, or national origin is not alone sufficient to establish a prima facie case of disparate impact violation. " while the majority in congress supported the burden - shifting rule in price waterhouse, it was uncomfortable with how that case gave the employer the ability to prove that it would have made the same decision in any event, as a complete defense in a case in which it had been shown that race or gender or another unlawful factor played a significant role in its decision. congress amended the act to provide that the employer's proof that it would have made the same decision in any case was a defense to back pay, reinstatement and other remedies but not to liability per se. the practical effect of this change was to allow a party that proved that the employer discriminated but could not show that it made any practical difference to the outcome could still recover attorney's fees after showing that the employer discriminated, even if no other remedy was awarded. finally, congress limited the rights of non - parties to attack consent decrees by barring any challenges by parties who knew or should have known of the decree or who
Answer:
|
admissible, because it is relevant to the issue of whether Horne retained control of the hallway.
| null |
Paula sued for injuries she sustained in a fall in a hotel hallway connecting the lobby of the hotel with a restaurant located in the hotel building. The hallway floor was covered with vinyl tile. The defendants were Horne, owner of the hotel building, and Lee, lessee of the restaurant. The evidence was that the hallway floor had been waxed approximately an hour before Paula slipped on it, and although the wax had dried, there appeared to be excessive dried wax caked on several of the tiles. Horne's defense was that the hallway was a part of the premises leased to Lee over which he retained no control, and Lee denied negligence and alleged contributory negligence."If Paula offered to prove that the day after she fell Horne had the vinyl tile taken up and replaced with a new floor covering, the trial judge should rule the evidence
0. admissible, because it is relevant to the issue of whether Horne retained control of the hallway.
1. admissible, because it is relevant to the issue of awareness of the unsafe condition of the hallway at the time of Paula's fall.
2. inadmissible, because there was no showing that the new floor covering would be any safer than the old.
3. inadmissible, because to admit such would discourage a policy of making repairs to prevent further injury, regardless of fault
. one child and one parent were brought into a room with a puppet, in which a " do not touch " sign was displayed beside it. the parents ( as instructed by the experimenters before entering the room and unbeknownst to the child ) were told to pick up the puppet and exclaim " i have broken the puppet! " and point to the " do not touch " sign. the parents were instructed to have the children lie for them by not letting the experimenters know that they had touched the puppet. after the child agreed not to tell on the parent, they were then asked a series of questions by the experimenter. there were three types of conditions for the question task : a parent absent condition, in which the parents left the room while the experimenter asked the questions. a parent present condition, in which the parents were in the room with their backs away from the child and the experimenter. a child absent condition, in which the child was not in the room when the parent broke the puppet, however the experimenter would return the child to the room and leave. the parent would then admit to the child what they had done and prompt the child to lie to the experimenter upon his return. the children were asked two individual sets of questions. the first set focused primarily on the actual situation. they were asked if they had broken the puppet, if their parents had broken it, or if someone else came into the room and broke the puppet. a second experimenter asked a different set of questions that was more hypothetically based than the first set. their questions were designed to simulate a court competence examination. the children were told a story and asked questions about it to determine their capacity to comprehend moral values. they were also given a hypothetical situation in which the child was told by their parents not to climb a tree. hypothetically the child climbed the tree anyway and was asked if they would lie to their parents. all of the children were told the definition of a " promise " and then asked to promise to tell the truth for the next set of questioning. the children were then asked the same questions they heard in the first set about the broken puppet. the children and parents were debriefed after the questions were finished. = = = = apparatus and methods for experiment two = = = = the second experiment had 64 children between the ages of 3 and 11 ( along with the children's parents ) participate. the design of the second experiment was similar to the first but had noticeable modifications to the child absent condition. the
in 1991 and to harmonize it with section 1981 jurisprudence, as a result of a series of controversial supreme court decisions : patterson v. mclean credit union, 491 u. s. 164 ( 1989 ), which held that an employee could not sue for damages caused by racial harassment on the job because even if the employer's conduct were discriminatory, the employer had not denied the employee the " same right... to make and enforce contracts... as is enjoyed by white citizens, " the language that congress chose in passing the law in 1866. wards cove packing co. v. atonio, 490 u. s. 642 ( 1989 ), which made it more difficult for employees of wards cove packing company to prove that an employer's personnel practices, neutral on their face, had an unlawful disparate impact on them by requiring that they identify the particular policy or requirement that allegedly produced inequalities in the workplace and show that it, in isolation, had that effect. price waterhouse v. hopkins, 490 u. s. 228 ( 1989 ), which held that the burden of proof shifted, once an employee had proved that an unlawful consideration had played a part in the employer's personnel decision, to the employer to prove that it would have made the same decision if it had not been motivated by that unlawful factor, but such proof by the employer would constitute a complete defense for the employer. martin v. wilks, 490 u. s. 755 ( 1989 ), which permitted white firefighters who had not been party to the litigation, establishing a consent decree governing hiring and promotion of black firefighters in the birmingham, alabama, fire department, to bring suit to challenge the decree. united automobile workers v. johnson controls, inc., 499 u. s. 187 ( 1991 ), which held that title vii prohibits gender - specific fetal protection policies. = = changes = = patterson had attracted much criticism since it appeared to leave employees victimized by racial harassment on the job with no effective remedies, as they could not prove a violation of section 1981 and could rarely show any wage losses that they could recover under title vii. in addition, the court's narrow reading of the phrase " make or enforce contracts " eliminated any liability under section 1981 for lost promotions and most other personnel decisions that did not constitute a refusal to hire on the basis of race or color. congress addressed the issue by redefining the phrase " make and enforce contracts " to include " the making, performance, modification
, among other things, the reliability and fit of the methods described by the expert. after an extensive examination and discussion of the 3 - step process used by the expert, the court found that the methodology appropriately fit the specific facts of the case, and that a population - based ( epidemiologic ) approach was an appropriate part of the causal methodology. the court denied the defendant's motion to strike the expert's testimony in the order, which was entered on 3 / 31 / 14. the defendant appealed the ruling from the district court, and in july 2016, the tenth circuit u. s. court of appeals affirmed the 3 - step causal methodology as generally accepted and well established for assessing injury causation, under the daubert standard. see etherton v. auto - owners insurance company, no. 14 - 1164 ( 10th cir, 7 / 19 / 16 ) [ 2 ]. = = = = hill viewpoints = = = = plausibility of an investigated association can be assessed in an fe investigation, in part, via application of the hill criteria, named for a 1965 publication by sir austin bradford - hill, in which he described nine " viewpoints " by which an association described in an epidemiologic study could be assessed for causality. hill declined to call his viewpoints " criteria " lest they be considered a checklist for assessing causation. the term " hill criteria " is used widely in the literature, however, and for convenience is used in the present discussion. of the nine criteria, there are seven that have utility for assessing the plausibility of an investigated specific causal relationship, as follows : coherence : a causal conclusion should not contradict present substantive knowledge. it should " make sense " given current knowledge analogy : the results of a previously described causal relationship may be translatable to the circumstances of a current investigation consistency : the repeated observation of the investigated relationship in different circumstances or across a number of studies lends strength to a causal inference specificity : the degree to which the exposure is associated with a particular outcome biological plausibility : the extent to which the observed association can be explained by known scientific principles experiment : in some cases there may be evidence from randomized experiments ( i. e., drug trials ) dose response : the probability, frequency, or severity of the outcome increases with increased amount of exposure subsequent authors have added the feature of challenge / dechallenge / rechallenge for circumstances when the exposure is repeated over time and there
causal relationship between deficient development or pathological ( mental ) disorder and the crime [ i. e. not every disorder or developmental deficit excuses every crime ] ; and based on the criteria above, there is a reasonable assumption the deficient development or pathological disorder of his mental faculties excuses culpability of the crime. if the inculpability defense succeeds, the defendant cannot be ordered to incarceration proper. if the defendant is deemed to be criminally insane ( i. e. deemed to pose a risk to himself or others ), the court instead may order involuntary admission to a mental institution for further evaluation and / or treatment. the court can opt for a definite period of time ( when complete or at least sufficient recovery of mental faculties on a relatively short time scale is probable ) or an indefinite period of time ( when the defendant's ailment is deemed to be difficult or impossible to treat, or can be supposed to be refractory to treatment ). if the inculpability defense succeeds only partly ( [ i. e. if the crime cannot be completely excused because of a minor degree of deficient development or pathological ( mental ) disorder ), there may still be a legal basis for a diminished culpability of the defendant ; in such case, a diminished prison sentence should be ordered. this can also be combined with the aforementioned involuntary admission to a mental institution, although in these cases the two'sentences'often run / are served in parallel. = = = norway = = = in norway, psychotic perpetrators are declared guilty but not punished and, instead of prison, they are sentenced to mandatory treatment. section 44 of the penal code states specifically that " a person who at the time of the crime was insane or unconscious is not punished ". = = = poland = = = insanity is determined through a judicial decision issued on the basis of expert opinions of psychiatrists and psychologists. = = = russia = = = a forensic psychiatric examination is used to establish insanity. the result of the forensic examination is then subjected to a legal assessment, taking into account other circumstances of the case, from which a conclusion is drawn about the defendant's sanity or insanity. the criminal code of russia establishes that a person who during the commission of an illegal act was in a state of insanity, that is, could not be aware of the actual nature and social danger of their actions or was unable to control them due to a chronic mental disorder, a temporary mental disorder, or dementia is not subject to criminal liability. = = = sweden
1981 for lost promotions and most other personnel decisions that did not constitute a refusal to hire on the basis of race or color. congress addressed the issue by redefining the phrase " make and enforce contracts " to include " the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship. " congress also clarified that section 1981 applied to both governmental and private discrimination, the issue that the supreme court originally announced it would decide in patterson. congress also believed that the wards cove case made it too difficult to prove disparate impact claims under title vii. while the amended act still generally requires that a plaintiff identify particular employment practice ( s ) allegedly causing a disparate impact, congress added that an employer's decisionmaking process may be analyzed as a whole if the plaintiff can show that " the elements of [ an employer's ] decisionmaking process are not capable of separation for analysis. " congress also established that the employer has the burden of proof on the business necessity defense and restored the meaning of " business necessity " to how it was interpreted before wards cove. congress did not, however, alter the portion of wards cove describing the plaintiff's burden with respect to statistical proof, in which the court had held : " the mere existence of a statistical imbalance in an employer's workforce on account of race, color, religion, sex, or national origin is not alone sufficient to establish a prima facie case of disparate impact violation. " while the majority in congress supported the burden - shifting rule in price waterhouse, it was uncomfortable with how that case gave the employer the ability to prove that it would have made the same decision in any event, as a complete defense in a case in which it had been shown that race or gender or another unlawful factor played a significant role in its decision. congress amended the act to provide that the employer's proof that it would have made the same decision in any case was a defense to back pay, reinstatement and other remedies but not to liability per se. the practical effect of this change was to allow a party that proved that the employer discriminated but could not show that it made any practical difference to the outcome could still recover attorney's fees after showing that the employer discriminated, even if no other remedy was awarded. finally, congress limited the rights of non - parties to attack consent decrees by barring any challenges by parties who knew or should have known of the decree or who
Answer:
|
inadmissible, because there was no showing that the new floor covering would be any safer than the old.
| 0.3 |
A newly enacted state criminal statute provides, in its entirety, "No person shall utter to another person in a public place any annoying, disturbing, or unwelcome language." Smith followed an elderly woman for three blocks down a public street, yelling in her ear offensive four-letter words. The woman repeatedly asked Smith to leave her alone, but he refused. In the subsequent prosecution of Smith, the first under this statute, Smith
0. can be convicted.
1. cannot be convicted, because speech of the sort described here may not be punished by the state because of the First and Fourteenth Amendments.
2. cannot be convicted, because, though his speech here may be punished by the state, the state may not do so under this statute.
3. cannot be convicted, because the average user of a public street would think his speech/action here was amusing and ridiculous rather than "annoying," etc
- being of the hearer. examples : belittling or boasting. the speaker increases the possibility that a face - threatening act will occur. this situation is created when a topic is brought up by the speaker that is a sensitive societal subject. examples : topics that relate to politics, race, religion. the speaker indicates that he is indifferent to the positive face wants of the hearer. this is most often expressed in obvious non - cooperative behavior. examples : interrupting, non sequiturs. the speaker misidentifies the hearer in an offensive or embarrassing way. this may occur either accidentally or intentionally. generally, this refers to the misuse of address terms in relation to status, gender, or age. example : addressing a young woman as " ma'am " instead of " miss. " = = = = damage to the speaker = = = = the following are cases in which the positive face of the speaker ( the person talking ) is threatened. an act that shows that the speaker is in some sense wrong, has own dignity offended, or unable to control himself. examples : apologies, acceptance of compliment, inability to control one's physical self, inability to control one's emotional self, self - humiliation, confessions. = = = refusals as threatening both positive and negative face = = = in their study of refusals to requests, johnson et al. argue refusals can threaten both the positive and negative face of the refuser ( the person who was asked a favor ), and the positive face of the requester ( the person asking for a favor ). obstacles, or reasons for non - compliance with a person's request, can " vary on three dimensions : willingness - unwillingness, ability - inability, and focus on - focus away from the requester ". the willingness dimension differentiates between refusals where the refuser states, " i don't want to help you " and " i'd like to help. " ability differentiates between, " i'm short on cash " and " i have some extra money. " focus on - focus away from requester differentiates between, " it's your problem, so you take care of it " and " it's terrible that your mom won't give you the money. " when a person makes a request, their positive face is threatened mostly along the ability and unwillingness dimensions. people tend to make requests of " intimates, " people they are supposed to know well / have a good relationship with.
2010, 20 states and the district of columbia have enacted laws similar to washington's. the federal government established its sex offender commitment process when it passed the adam walsh child protection and safety act. = = civil confinement = = civil confinement is the formal legal process by which persons convicted of certain sexual offenses ( generally violent sex offenders ) may be subject to involuntary commitment upon completion of a prison sentence, and is a potential penalty of sexually violent predator laws. = = = process = = = although the exact details of the legal process may vary from state to state, the united states supreme court reviewed and upheld as constitutional a statutory process adopted in kansas. see kansas v. hendricks, 521 u. s. 346 ( 1997 ). there, civil confinement proceedings could be initiated against " any person who has been convicted of or charged with a sexually violent offense and who suffers from a mental abnormality or personality disorder which makes the person likely to engage in the predatory acts of sexual violence. " many of those terms were themselves defined in the statute, including " mental abnormality, " defined as " congenital or acquired condition affecting the emotional or volitional capacity which predisposes the person to commit sexually violent offenses in a degree constituting such person a menace to the health and safety of others. " id. if a prison identified an inmate who was about to be released but potentially fit this definition, the prison authorities were required to notify the local prosecutor of the impending release. the prosecutor was then required to decide whether to petition for commitment. the court would then have to determine whether probable cause existed to support the inmate's status as a " sexually violent predator, " and, upon such a determination, order the inmate to be psychologically evaluated. the psychological evaluation would then form the basis of a further trial to determine whether the inmate qualified as a violent sexual predator. upon such a determination, the inmate would be subject to involuntary commitment at a medical facility until such time as his mental abnormality had changed and it was safe to release him. id. at 353. the court would then be required to conduct an annual review of the determination, and the inmate would always be allowed to petition for freedom under the same standards. the supreme court concluded that this process met previously established standards of constitutional substantive due process governing voluntary confinement, did not constitute double jeopardy because the proceedings were civil rather than criminal, and was not an ex post facto law for the same reason. id. at 353 β 371. in a following case, the united states supreme
in the state's factual findings was misplaced. data indicates that the states that have implemented sexually violent predator laws have failed to distinguish between those who truly suffer from mental abnormalities that cause them to suffer from severe volitional impairment likely to lead to reoffending from both the typical recidivist as well as the overwhelming majority of former sex offenders who will never reoffend. = = see also = = california proposition 83 ( 2006 ) category : civil commitment of sex offenders imprisonment for public protection ( england and wales ) preventive detention recidivism sex offender sex offender registry sex offender registries in the united states sexual predator smith v. doe, 538 u. s. 84 ( supreme court of the united states, 2003 ) united states v. comstock = = references = = = = further reading = = la fond, john q. und winick, bruce j. ( eds. ) : protecting society from sexually dangerous offenders : law, justice, and therapy. american psychological association, 2003. " do sexually violent predator laws violate double jeopardy or substantive due process? an empirical inquiry ", prof. tamara rice lave, brooklyn law review, 2013. " controlling sexual violent predators : continued incarceration at what costs? ", prof. tamara rice lave, new criminal law review, vol. 14 no. 2, 2011. " high risk sex offenders may not be high risk forever ", r. karl hanson, et al., journal of interpersonal violence, november 3, 2013. ridgeway, james ( 26 september 2013 ). " how'civil commitment'enables indefinite detention of sex offenders ". the guardian. stahl, aviva ( april 13, 2016 ). " why sex criminals get locked up forever ". vice news. retrieved february 7, 2018. even after serving decades - long sentences, sex offenders are often held indefinitely in prison - like conditions β a situation that critics say is legally and ethically dubious. koeppel, barbara ( may 1, 2018 ). " sex crimes and criminal justice ". the washington spectator. vol. 44, no. 5. ridgeway, james ( 26 september 2013 ). " how'civil commitment'enables indefinite detention of sex offenders ". the guardian. retrieved 23 october 2017. stahl, aviva ( april 13, 2016 ). " why sex criminals get locked up forever ". vice. retrieved february 1, 2018. even after serving decades - long sentences, sex offenders are often held indefinitely in prison - like conditions β a
interferences, still includes a provision for interference " for the protection of health and morals " such as legally requiring seat belts to be worn ( in some jurisdictions ) are hard to justify if an individualistic approach is taken, since, if public health provision is ignored, little harm is caused to others. joseph raz argues that the state cannot and should not enforce morality ; rather, any attempt to limit individual autonomy should be done only to limit harm. certain moral ideals may be justifiable if they extend autonomy. if the immoral conduct of others impinges on someone else's autonomy, then that can be legislated against. there are some groups for whom the principle of autonomy is weakened : those under an age of majority and those people who are impaired by, for example, a mental disorder. in general, these people are protected from activities with significant consequences, if they are not in a position to make reasoned decisions themselves. this may involve the criminalization of under - age drinking, smoking, gambling and sexual activities. such criminalization is rarely challenged. in british law, a distinction between public and private acts was made in the wolfenden report, which examined sexual activities ( particularly homosexuality and prostitution ). some acts would effectively become legal within private settings, but illegal in public settings. the justification for this was the concept of shock or offensive to the public. such a line was favoured by joel feinberg, who argued that it was a good reason in support of legislation if it effectively prevented " serious offence " to persons other than the actor. philosophers such as feinberg struggle to quantify the ideology behind the illegality of acts which in another setting would be acceptable ( that acts themselves not causing harm, for example ), for example nudity. since such acts publicly are made illegal on the basis of shock, then whether to criminalise depends on a shifting body of public opinion, which varies from place to place and from time to time. the concept of " insult " rather than " offensive " may be more specific. = = = omission = = = common law does not often find an actor liable for omission β failing to do something required by the law. where this has applied it has typically been in industrial regulation, in matters of social security or some personal regulated activity such as driving ( for example, in the case of a hit and run ). these form conditions placed upon operating in a particular manner and are thus understood in that context. there are few general duties in common law jurisdictions, although these do include
##servable and very real effects on millions of people daily and can be characterized in terms of those effects, but it can also serve to illustrate a particular effect of the indeterminacy of definition : i. e., that insofar as the general public tends not to characterize or define insanity in very precise terms, it tends, according to foucault, unnecessarily and arbitrarily to confine some of its members on an irrational basis. the less - precisely such states as " insanity " and " criminality " are defined in a society, the more likely that society is to fail to continue over time to describe the same behaviors as characteristic of those states ( or, alternately, to characterize such states in terms of the same behaviors ). = = = indeterminacy in discourse analysis = = = steve hoenisch asserts in his article interpretation and indeterminacy in discourse analysis that " [ t ] he exact meaning of a speaker's utterance in a contextualized exchange is often indeterminate. within the context of the analysis of the teacher - pupil exchange, i will argue for the superiority of interactional linguistics over speech act theory because it reduces the indeterminacy and yields a more principled interpretation [... ] ". = = = indeterminacy and consciousness = = = richard dawkins, who coined the term meme in the 1970s, described the concept of faith in his documentary root of all evil? as " the process of non - thinking ". in the documentary, he used bertrand russell's analogy between a teapot orbiting the sun ( something that cannot be observed because the brightness of the sun would obscure it even from the best telescope's view ) and the object of one's faith ( in this particular case, god ) to explain that a highly indeterminate idea can self - replicate freely : " everybody in the society had faith in the teapot. stories of the teapot had been handed down for generations as part of the tradition of society. there are holy books about the teapot. " in darwin's dangerous idea, daniel dennett argues against the existence of determinate meaning ( in this case, of the subjective experience of vision for frogs ) via an explanation of their indeterminacy in the chapter entitled the evolution of meanings, in the section the quest for real meanings : " unless there were'meaningless'or'indeterminate'variation in the triggering conditions of the various frogs'eyes
Answer:
|
cannot be convicted, because, though his speech here may be punished by the state, the state may not do so under this statute.
| null |
A newly enacted state criminal statute provides, in its entirety, "No person shall utter to another person in a public place any annoying, disturbing, or unwelcome language." Smith followed an elderly woman for three blocks down a public street, yelling in her ear offensive four-letter words. The woman repeatedly asked Smith to leave her alone, but he refused. In the subsequent prosecution of Smith, the first under this statute, Smith
0. can be convicted.
1. cannot be convicted, because speech of the sort described here may not be punished by the state because of the First and Fourteenth Amendments.
2. cannot be convicted, because, though his speech here may be punished by the state, the state may not do so under this statute.
3. cannot be convicted, because the average user of a public street would think his speech/action here was amusing and ridiculous rather than "annoying," etc
- being of the hearer. examples : belittling or boasting. the speaker increases the possibility that a face - threatening act will occur. this situation is created when a topic is brought up by the speaker that is a sensitive societal subject. examples : topics that relate to politics, race, religion. the speaker indicates that he is indifferent to the positive face wants of the hearer. this is most often expressed in obvious non - cooperative behavior. examples : interrupting, non sequiturs. the speaker misidentifies the hearer in an offensive or embarrassing way. this may occur either accidentally or intentionally. generally, this refers to the misuse of address terms in relation to status, gender, or age. example : addressing a young woman as " ma'am " instead of " miss. " = = = = damage to the speaker = = = = the following are cases in which the positive face of the speaker ( the person talking ) is threatened. an act that shows that the speaker is in some sense wrong, has own dignity offended, or unable to control himself. examples : apologies, acceptance of compliment, inability to control one's physical self, inability to control one's emotional self, self - humiliation, confessions. = = = refusals as threatening both positive and negative face = = = in their study of refusals to requests, johnson et al. argue refusals can threaten both the positive and negative face of the refuser ( the person who was asked a favor ), and the positive face of the requester ( the person asking for a favor ). obstacles, or reasons for non - compliance with a person's request, can " vary on three dimensions : willingness - unwillingness, ability - inability, and focus on - focus away from the requester ". the willingness dimension differentiates between refusals where the refuser states, " i don't want to help you " and " i'd like to help. " ability differentiates between, " i'm short on cash " and " i have some extra money. " focus on - focus away from requester differentiates between, " it's your problem, so you take care of it " and " it's terrible that your mom won't give you the money. " when a person makes a request, their positive face is threatened mostly along the ability and unwillingness dimensions. people tend to make requests of " intimates, " people they are supposed to know well / have a good relationship with.
2010, 20 states and the district of columbia have enacted laws similar to washington's. the federal government established its sex offender commitment process when it passed the adam walsh child protection and safety act. = = civil confinement = = civil confinement is the formal legal process by which persons convicted of certain sexual offenses ( generally violent sex offenders ) may be subject to involuntary commitment upon completion of a prison sentence, and is a potential penalty of sexually violent predator laws. = = = process = = = although the exact details of the legal process may vary from state to state, the united states supreme court reviewed and upheld as constitutional a statutory process adopted in kansas. see kansas v. hendricks, 521 u. s. 346 ( 1997 ). there, civil confinement proceedings could be initiated against " any person who has been convicted of or charged with a sexually violent offense and who suffers from a mental abnormality or personality disorder which makes the person likely to engage in the predatory acts of sexual violence. " many of those terms were themselves defined in the statute, including " mental abnormality, " defined as " congenital or acquired condition affecting the emotional or volitional capacity which predisposes the person to commit sexually violent offenses in a degree constituting such person a menace to the health and safety of others. " id. if a prison identified an inmate who was about to be released but potentially fit this definition, the prison authorities were required to notify the local prosecutor of the impending release. the prosecutor was then required to decide whether to petition for commitment. the court would then have to determine whether probable cause existed to support the inmate's status as a " sexually violent predator, " and, upon such a determination, order the inmate to be psychologically evaluated. the psychological evaluation would then form the basis of a further trial to determine whether the inmate qualified as a violent sexual predator. upon such a determination, the inmate would be subject to involuntary commitment at a medical facility until such time as his mental abnormality had changed and it was safe to release him. id. at 353. the court would then be required to conduct an annual review of the determination, and the inmate would always be allowed to petition for freedom under the same standards. the supreme court concluded that this process met previously established standards of constitutional substantive due process governing voluntary confinement, did not constitute double jeopardy because the proceedings were civil rather than criminal, and was not an ex post facto law for the same reason. id. at 353 β 371. in a following case, the united states supreme
in the state's factual findings was misplaced. data indicates that the states that have implemented sexually violent predator laws have failed to distinguish between those who truly suffer from mental abnormalities that cause them to suffer from severe volitional impairment likely to lead to reoffending from both the typical recidivist as well as the overwhelming majority of former sex offenders who will never reoffend. = = see also = = california proposition 83 ( 2006 ) category : civil commitment of sex offenders imprisonment for public protection ( england and wales ) preventive detention recidivism sex offender sex offender registry sex offender registries in the united states sexual predator smith v. doe, 538 u. s. 84 ( supreme court of the united states, 2003 ) united states v. comstock = = references = = = = further reading = = la fond, john q. und winick, bruce j. ( eds. ) : protecting society from sexually dangerous offenders : law, justice, and therapy. american psychological association, 2003. " do sexually violent predator laws violate double jeopardy or substantive due process? an empirical inquiry ", prof. tamara rice lave, brooklyn law review, 2013. " controlling sexual violent predators : continued incarceration at what costs? ", prof. tamara rice lave, new criminal law review, vol. 14 no. 2, 2011. " high risk sex offenders may not be high risk forever ", r. karl hanson, et al., journal of interpersonal violence, november 3, 2013. ridgeway, james ( 26 september 2013 ). " how'civil commitment'enables indefinite detention of sex offenders ". the guardian. stahl, aviva ( april 13, 2016 ). " why sex criminals get locked up forever ". vice news. retrieved february 7, 2018. even after serving decades - long sentences, sex offenders are often held indefinitely in prison - like conditions β a situation that critics say is legally and ethically dubious. koeppel, barbara ( may 1, 2018 ). " sex crimes and criminal justice ". the washington spectator. vol. 44, no. 5. ridgeway, james ( 26 september 2013 ). " how'civil commitment'enables indefinite detention of sex offenders ". the guardian. retrieved 23 october 2017. stahl, aviva ( april 13, 2016 ). " why sex criminals get locked up forever ". vice. retrieved february 1, 2018. even after serving decades - long sentences, sex offenders are often held indefinitely in prison - like conditions β a
interferences, still includes a provision for interference " for the protection of health and morals " such as legally requiring seat belts to be worn ( in some jurisdictions ) are hard to justify if an individualistic approach is taken, since, if public health provision is ignored, little harm is caused to others. joseph raz argues that the state cannot and should not enforce morality ; rather, any attempt to limit individual autonomy should be done only to limit harm. certain moral ideals may be justifiable if they extend autonomy. if the immoral conduct of others impinges on someone else's autonomy, then that can be legislated against. there are some groups for whom the principle of autonomy is weakened : those under an age of majority and those people who are impaired by, for example, a mental disorder. in general, these people are protected from activities with significant consequences, if they are not in a position to make reasoned decisions themselves. this may involve the criminalization of under - age drinking, smoking, gambling and sexual activities. such criminalization is rarely challenged. in british law, a distinction between public and private acts was made in the wolfenden report, which examined sexual activities ( particularly homosexuality and prostitution ). some acts would effectively become legal within private settings, but illegal in public settings. the justification for this was the concept of shock or offensive to the public. such a line was favoured by joel feinberg, who argued that it was a good reason in support of legislation if it effectively prevented " serious offence " to persons other than the actor. philosophers such as feinberg struggle to quantify the ideology behind the illegality of acts which in another setting would be acceptable ( that acts themselves not causing harm, for example ), for example nudity. since such acts publicly are made illegal on the basis of shock, then whether to criminalise depends on a shifting body of public opinion, which varies from place to place and from time to time. the concept of " insult " rather than " offensive " may be more specific. = = = omission = = = common law does not often find an actor liable for omission β failing to do something required by the law. where this has applied it has typically been in industrial regulation, in matters of social security or some personal regulated activity such as driving ( for example, in the case of a hit and run ). these form conditions placed upon operating in a particular manner and are thus understood in that context. there are few general duties in common law jurisdictions, although these do include
##servable and very real effects on millions of people daily and can be characterized in terms of those effects, but it can also serve to illustrate a particular effect of the indeterminacy of definition : i. e., that insofar as the general public tends not to characterize or define insanity in very precise terms, it tends, according to foucault, unnecessarily and arbitrarily to confine some of its members on an irrational basis. the less - precisely such states as " insanity " and " criminality " are defined in a society, the more likely that society is to fail to continue over time to describe the same behaviors as characteristic of those states ( or, alternately, to characterize such states in terms of the same behaviors ). = = = indeterminacy in discourse analysis = = = steve hoenisch asserts in his article interpretation and indeterminacy in discourse analysis that " [ t ] he exact meaning of a speaker's utterance in a contextualized exchange is often indeterminate. within the context of the analysis of the teacher - pupil exchange, i will argue for the superiority of interactional linguistics over speech act theory because it reduces the indeterminacy and yields a more principled interpretation [... ] ". = = = indeterminacy and consciousness = = = richard dawkins, who coined the term meme in the 1970s, described the concept of faith in his documentary root of all evil? as " the process of non - thinking ". in the documentary, he used bertrand russell's analogy between a teapot orbiting the sun ( something that cannot be observed because the brightness of the sun would obscure it even from the best telescope's view ) and the object of one's faith ( in this particular case, god ) to explain that a highly indeterminate idea can self - replicate freely : " everybody in the society had faith in the teapot. stories of the teapot had been handed down for generations as part of the tradition of society. there are holy books about the teapot. " in darwin's dangerous idea, daniel dennett argues against the existence of determinate meaning ( in this case, of the subjective experience of vision for frogs ) via an explanation of their indeterminacy in the chapter entitled the evolution of meanings, in the section the quest for real meanings : " unless there were'meaningless'or'indeterminate'variation in the triggering conditions of the various frogs'eyes
Answer:
|
cannot be convicted, because speech of the sort described here may not be punished by the state because of the First and Fourteenth Amendments.
| 0.3 |
In which of the following situations is Defendant's claim of intoxication most likely to result in his being found not guilty?
0. Defendant is charged with manslaughter for a death resulting from an automobile accident. Defendant, the driver, claims he was so drunk he was unable to see the other car involved in the accident.
1. Defendant is charged with assault with intent to kill Watts as a result of his wounding Watts by shooting him. Defendant claims he was so drunk he did not realize anyone else was around when he fired the gun.
2. Defendant is charged with armed robbery. He claims he was so drunk he did not know if the gun was loaded.
3. Defendant is charged with statutory rape after he had sexual intercourse with a girl aged 15 in a jurisdiction where the age of consent is 16. Defendant claims he was so drunk he did not realize the girl was a minor.
, battery and manslaughter are usually seen as general intent offenses while for murder, a specific intent is required. this distinction is closely related to the difference between direct and indirect intent, but not identical to it. direct intent refers to the desire to bring about a specific outcome. indirect intent is about an almost certain outcome of an action that the agent is aware of but does not actively want. for example, if ben intends to murder ann with a stone by throwing it at her through a closed window then murdering ann is a direct intent while breaking the window is an indirect intent. for most criminal offenses, to ensure a conviction, the prosecution must prove that there was intent ( or another form of mens rea ) in addition to showing that the accused physically committed the crime. there are different ways in which intent can be proved or disproved depending on the case and the type of intent involved. one way to do so is to look at previous statements by the accused to assess whether a motive was present. for example, if a female employee is accused of murdering her male boss, then her previous blog posts condemning the patriarchal society and idolizing women who killed men could be used as evidence of intent. certain forms of evidence can also be employed by the defense to show that intent was not present. for example, a person suffering from seizures could claim that, when they hit another person, they did not do so intentionally but under the effect of a seizure. if the perpetrator was intoxicated during the crime, this may be used as a defense by claiming that no specific intent was present. this is based on the idea that the defendant was mentally too impaired to form a specific intent. = = relation to other concepts = = = = = beliefs and desires = = = intentions are closely related to other mental states, like beliefs and desires. it is generally accepted that intentions involve some form of desire : the intended action is seen as good or desirable in some sense. this aspect makes it possible for intentions to motivate actions. various ways have been suggested how intentions are related to beliefs. on the one hand, it seems impossible to intend to do something one beliefs to be impossible. some accounts go even further and suggest that intentions involve the belief that one will perform the action in question. besides that, it has been suggested that beliefs are necessary for intentions to connect the behavior to the intended goal. on this view, intentions involve the belief that the intended behavior would cause the intended goal. = = = action = = = in
a false accusation of rape happens when a person states that they or another person have been raped when no rape has occurred. although there are widely varying estimates of the prevalence of false accusation of rape, according to a 2013 book on forensic victimology, very few reliable scientific studies have been conducted. rates of false accusation are sometimes inflated or misrepresented due to conflation of false with designations such as unfounded. designations such as unfounded allow law enforcement to close cases without arriving at a conclusion and are used to describe cases without enough evidence, as opposed to false cases where the accuser is not credible or eventually admits that the accusation is untrue. = = causes = = causes of false accusations of rape fall into two categories : deliberate deception ( lies ) and non - deliberate deception ( such as false memories, facilitated communication, and " don't know " ). = = = deliberate deception = = = an accuser may have several motivations to falsely claim they have been raped. there is disagreement on how many different categories these may be put into. kanin ( 1994 ) listed three : revenge, producing an alibi, and getting sympathy / attention. newman ( 2017 ) listed four : revenge, producing an alibi, personal gain, and mental illness. according to de zutter et al. ( 2017 ), kanin's list is " valid but insufficient to explain all the different motives of complainants " and presents eight categories of motives : material gain, alibi, revenge, sympathy, attention, disturbed mental state, relabeling, or regret. according to hines and douglas ( 2017 ), 73 % of men who've experienced partner - initiated violence reported that their partner threatened to make false accusations. this is compared to 3 % for men in the general population. = = = non - deliberate deception = = = = = = = false memories = = = = there are several ways in which an alleged victim can accidentally come to believe that they have been raped by the person ( s ) they accuse. these include : recovered - memory therapy : memories of sexual abuse " recovered " during therapy in the absence of any supporting evidence, based on the freudian notion of " repression " the victim's confusion of the memory of the real rapist with the memory of someone else memory conformity : memory can become contaminated when co - witnesses discuss their recollection of events = = = = facilitated communication = = = = facilitated communication ( fc ) is a scientifically discredited technique that attempts to
particular for unsupervised recreational activity. a study in the province of ontario based on epidemiological data from 1986, 1989, 1992, and 1995 states that 79. 2 % of the 2, 154 catastrophic injuries recorded for the study were preventable, of which 346 ( 17 % ) involved alcohol consumption. the activities most commonly associated with alcohol - related catastrophic injury were snowmobiling ( 124 ), fishing ( 41 ), diving ( 40 ), boating ( 31 ) and canoeing ( 7 ), swimming ( 31 ), riding an all - terrain vehicle ( 24 ), and cycling ( 23 ). these events are often associated with unsupervised young males, often inexperienced in the activity, and may result in drowning. alcohol use is also associated with unsafe sex. = = = legal issues = = = laws on drunkenness vary. in the united states, it is a criminal offense for a person to be drunk while driving a motorized vehicle, except in wisconsin, where it is only a fine for the first offense. it is also a criminal offense to fly an aircraft or ( in some american states ) to assemble or operate an amusement park ride while drunk. similar laws also exist in the united kingdom and most other countries. in some jurisdictions, it is also an offense to serve alcohol to an already - intoxicated person, and, often, alcohol can only be sold by persons qualified to serve responsibly through alcohol server training. the blood alcohol content ( bac ) for legal operation of a vehicle is typically measured as a percentage of a unit volume of blood. this percentage ranges from 0. 00 % in romania and the united arab emirates ; to 0. 05 % in australia, south africa, germany, scotland, and new zealand ( 0. 00 % for underage individuals ) ; to 0. 08 % in england and wales, the united states and canada. the united states federal aviation administration prohibits crew members from performing their duties within eight hours of consuming an alcoholic beverage, while under the influence of alcohol, or with a bac greater than 0. 04 %. in the united states, the united kingdom, and australia, public intoxication is a crime ( also known as " being drunk and disorderly " or " being drunk and incapable " ). in some countries, there are special facilities, sometimes known as " drunk tanks ", for the temporary detention of persons found to be drunk. = = = religious views = = = some religious groups permit the consumption of alcohol ;
causal relationship between deficient development or pathological ( mental ) disorder and the crime [ i. e. not every disorder or developmental deficit excuses every crime ] ; and based on the criteria above, there is a reasonable assumption the deficient development or pathological disorder of his mental faculties excuses culpability of the crime. if the inculpability defense succeeds, the defendant cannot be ordered to incarceration proper. if the defendant is deemed to be criminally insane ( i. e. deemed to pose a risk to himself or others ), the court instead may order involuntary admission to a mental institution for further evaluation and / or treatment. the court can opt for a definite period of time ( when complete or at least sufficient recovery of mental faculties on a relatively short time scale is probable ) or an indefinite period of time ( when the defendant's ailment is deemed to be difficult or impossible to treat, or can be supposed to be refractory to treatment ). if the inculpability defense succeeds only partly ( [ i. e. if the crime cannot be completely excused because of a minor degree of deficient development or pathological ( mental ) disorder ), there may still be a legal basis for a diminished culpability of the defendant ; in such case, a diminished prison sentence should be ordered. this can also be combined with the aforementioned involuntary admission to a mental institution, although in these cases the two'sentences'often run / are served in parallel. = = = norway = = = in norway, psychotic perpetrators are declared guilty but not punished and, instead of prison, they are sentenced to mandatory treatment. section 44 of the penal code states specifically that " a person who at the time of the crime was insane or unconscious is not punished ". = = = poland = = = insanity is determined through a judicial decision issued on the basis of expert opinions of psychiatrists and psychologists. = = = russia = = = a forensic psychiatric examination is used to establish insanity. the result of the forensic examination is then subjected to a legal assessment, taking into account other circumstances of the case, from which a conclusion is drawn about the defendant's sanity or insanity. the criminal code of russia establishes that a person who during the commission of an illegal act was in a state of insanity, that is, could not be aware of the actual nature and social danger of their actions or was unable to control them due to a chronic mental disorder, a temporary mental disorder, or dementia is not subject to criminal liability. = = = sweden
##s. = = = example 4 : biological testing of a suspect = = = a crime is committed. forensic analysis determines that the perpetrator has a certain blood type shared by 10 % of the population. a suspect is arrested, and found to have that same blood type. a prosecutor might charge the suspect with the crime on that basis alone, and claim at trial that the probability that the defendant is guilty is 90 %. however, this conclusion is only close to correct if the defendant was selected as the main suspect based on robust evidence discovered prior to the blood test and unrelated to it. otherwise, the reasoning presented is flawed, as it overlooks the high prior probability ( that is, prior to the blood test ) that he is a random innocent person. assume, for instance, that 1000 people live in the town where the crime occurred. this means that 100 people live there who have the perpetrator's blood type, of whom only one is the true perpetrator ; therefore, the true probability that the defendant is guilty β based only on the fact that his blood type matches that of the killer β is only 1 %, far less than the 90 % argued by the prosecutor. the prosecutor's fallacy involves assuming that the prior probability of a random match is equal to the probability that the defendant is innocent. when using it, a prosecutor questioning an expert witness may ask : " the odds of finding this evidence on an innocent man are so small that the jury can safely disregard the possibility that this defendant is innocent, correct? " the claim assumes that the probability that evidence is found on an innocent man is the same as the probability that a man is innocent given that evidence was found on him, which is not true. whilst the former is usually small ( 10 % in the previous example ) due to good forensic evidence procedures, the latter ( 99 % in that example ) does not directly relate to it and will often be much higher, since, in fact, it depends on the likely quite high prior odds of the defendant being a random innocent person. = = examples in law = = = = = o. j. simpson trial = = = o. j. simpson was tried and acquitted in 1995 for the murders of his ex - wife nicole brown simpson and her friend ronald goldman. crime scene blood matched simpson's with characteristics shared by 1 in 400 people. however, the defense argued that the number of people from los angeles matching the sample could fill a football stadium and that the figure of 1 in 400 was useless. it
Answer:
|
Defendant is charged with assault with intent to kill Watts as a result of his wounding Watts by shooting him. Defendant claims he was so drunk he did not realize anyone else was around when he fired the gun.
| null |
In which of the following situations is Defendant's claim of intoxication most likely to result in his being found not guilty?
0. Defendant is charged with manslaughter for a death resulting from an automobile accident. Defendant, the driver, claims he was so drunk he was unable to see the other car involved in the accident.
1. Defendant is charged with assault with intent to kill Watts as a result of his wounding Watts by shooting him. Defendant claims he was so drunk he did not realize anyone else was around when he fired the gun.
2. Defendant is charged with armed robbery. He claims he was so drunk he did not know if the gun was loaded.
3. Defendant is charged with statutory rape after he had sexual intercourse with a girl aged 15 in a jurisdiction where the age of consent is 16. Defendant claims he was so drunk he did not realize the girl was a minor.
, battery and manslaughter are usually seen as general intent offenses while for murder, a specific intent is required. this distinction is closely related to the difference between direct and indirect intent, but not identical to it. direct intent refers to the desire to bring about a specific outcome. indirect intent is about an almost certain outcome of an action that the agent is aware of but does not actively want. for example, if ben intends to murder ann with a stone by throwing it at her through a closed window then murdering ann is a direct intent while breaking the window is an indirect intent. for most criminal offenses, to ensure a conviction, the prosecution must prove that there was intent ( or another form of mens rea ) in addition to showing that the accused physically committed the crime. there are different ways in which intent can be proved or disproved depending on the case and the type of intent involved. one way to do so is to look at previous statements by the accused to assess whether a motive was present. for example, if a female employee is accused of murdering her male boss, then her previous blog posts condemning the patriarchal society and idolizing women who killed men could be used as evidence of intent. certain forms of evidence can also be employed by the defense to show that intent was not present. for example, a person suffering from seizures could claim that, when they hit another person, they did not do so intentionally but under the effect of a seizure. if the perpetrator was intoxicated during the crime, this may be used as a defense by claiming that no specific intent was present. this is based on the idea that the defendant was mentally too impaired to form a specific intent. = = relation to other concepts = = = = = beliefs and desires = = = intentions are closely related to other mental states, like beliefs and desires. it is generally accepted that intentions involve some form of desire : the intended action is seen as good or desirable in some sense. this aspect makes it possible for intentions to motivate actions. various ways have been suggested how intentions are related to beliefs. on the one hand, it seems impossible to intend to do something one beliefs to be impossible. some accounts go even further and suggest that intentions involve the belief that one will perform the action in question. besides that, it has been suggested that beliefs are necessary for intentions to connect the behavior to the intended goal. on this view, intentions involve the belief that the intended behavior would cause the intended goal. = = = action = = = in
a false accusation of rape happens when a person states that they or another person have been raped when no rape has occurred. although there are widely varying estimates of the prevalence of false accusation of rape, according to a 2013 book on forensic victimology, very few reliable scientific studies have been conducted. rates of false accusation are sometimes inflated or misrepresented due to conflation of false with designations such as unfounded. designations such as unfounded allow law enforcement to close cases without arriving at a conclusion and are used to describe cases without enough evidence, as opposed to false cases where the accuser is not credible or eventually admits that the accusation is untrue. = = causes = = causes of false accusations of rape fall into two categories : deliberate deception ( lies ) and non - deliberate deception ( such as false memories, facilitated communication, and " don't know " ). = = = deliberate deception = = = an accuser may have several motivations to falsely claim they have been raped. there is disagreement on how many different categories these may be put into. kanin ( 1994 ) listed three : revenge, producing an alibi, and getting sympathy / attention. newman ( 2017 ) listed four : revenge, producing an alibi, personal gain, and mental illness. according to de zutter et al. ( 2017 ), kanin's list is " valid but insufficient to explain all the different motives of complainants " and presents eight categories of motives : material gain, alibi, revenge, sympathy, attention, disturbed mental state, relabeling, or regret. according to hines and douglas ( 2017 ), 73 % of men who've experienced partner - initiated violence reported that their partner threatened to make false accusations. this is compared to 3 % for men in the general population. = = = non - deliberate deception = = = = = = = false memories = = = = there are several ways in which an alleged victim can accidentally come to believe that they have been raped by the person ( s ) they accuse. these include : recovered - memory therapy : memories of sexual abuse " recovered " during therapy in the absence of any supporting evidence, based on the freudian notion of " repression " the victim's confusion of the memory of the real rapist with the memory of someone else memory conformity : memory can become contaminated when co - witnesses discuss their recollection of events = = = = facilitated communication = = = = facilitated communication ( fc ) is a scientifically discredited technique that attempts to
particular for unsupervised recreational activity. a study in the province of ontario based on epidemiological data from 1986, 1989, 1992, and 1995 states that 79. 2 % of the 2, 154 catastrophic injuries recorded for the study were preventable, of which 346 ( 17 % ) involved alcohol consumption. the activities most commonly associated with alcohol - related catastrophic injury were snowmobiling ( 124 ), fishing ( 41 ), diving ( 40 ), boating ( 31 ) and canoeing ( 7 ), swimming ( 31 ), riding an all - terrain vehicle ( 24 ), and cycling ( 23 ). these events are often associated with unsupervised young males, often inexperienced in the activity, and may result in drowning. alcohol use is also associated with unsafe sex. = = = legal issues = = = laws on drunkenness vary. in the united states, it is a criminal offense for a person to be drunk while driving a motorized vehicle, except in wisconsin, where it is only a fine for the first offense. it is also a criminal offense to fly an aircraft or ( in some american states ) to assemble or operate an amusement park ride while drunk. similar laws also exist in the united kingdom and most other countries. in some jurisdictions, it is also an offense to serve alcohol to an already - intoxicated person, and, often, alcohol can only be sold by persons qualified to serve responsibly through alcohol server training. the blood alcohol content ( bac ) for legal operation of a vehicle is typically measured as a percentage of a unit volume of blood. this percentage ranges from 0. 00 % in romania and the united arab emirates ; to 0. 05 % in australia, south africa, germany, scotland, and new zealand ( 0. 00 % for underage individuals ) ; to 0. 08 % in england and wales, the united states and canada. the united states federal aviation administration prohibits crew members from performing their duties within eight hours of consuming an alcoholic beverage, while under the influence of alcohol, or with a bac greater than 0. 04 %. in the united states, the united kingdom, and australia, public intoxication is a crime ( also known as " being drunk and disorderly " or " being drunk and incapable " ). in some countries, there are special facilities, sometimes known as " drunk tanks ", for the temporary detention of persons found to be drunk. = = = religious views = = = some religious groups permit the consumption of alcohol ;
causal relationship between deficient development or pathological ( mental ) disorder and the crime [ i. e. not every disorder or developmental deficit excuses every crime ] ; and based on the criteria above, there is a reasonable assumption the deficient development or pathological disorder of his mental faculties excuses culpability of the crime. if the inculpability defense succeeds, the defendant cannot be ordered to incarceration proper. if the defendant is deemed to be criminally insane ( i. e. deemed to pose a risk to himself or others ), the court instead may order involuntary admission to a mental institution for further evaluation and / or treatment. the court can opt for a definite period of time ( when complete or at least sufficient recovery of mental faculties on a relatively short time scale is probable ) or an indefinite period of time ( when the defendant's ailment is deemed to be difficult or impossible to treat, or can be supposed to be refractory to treatment ). if the inculpability defense succeeds only partly ( [ i. e. if the crime cannot be completely excused because of a minor degree of deficient development or pathological ( mental ) disorder ), there may still be a legal basis for a diminished culpability of the defendant ; in such case, a diminished prison sentence should be ordered. this can also be combined with the aforementioned involuntary admission to a mental institution, although in these cases the two'sentences'often run / are served in parallel. = = = norway = = = in norway, psychotic perpetrators are declared guilty but not punished and, instead of prison, they are sentenced to mandatory treatment. section 44 of the penal code states specifically that " a person who at the time of the crime was insane or unconscious is not punished ". = = = poland = = = insanity is determined through a judicial decision issued on the basis of expert opinions of psychiatrists and psychologists. = = = russia = = = a forensic psychiatric examination is used to establish insanity. the result of the forensic examination is then subjected to a legal assessment, taking into account other circumstances of the case, from which a conclusion is drawn about the defendant's sanity or insanity. the criminal code of russia establishes that a person who during the commission of an illegal act was in a state of insanity, that is, could not be aware of the actual nature and social danger of their actions or was unable to control them due to a chronic mental disorder, a temporary mental disorder, or dementia is not subject to criminal liability. = = = sweden
##s. = = = example 4 : biological testing of a suspect = = = a crime is committed. forensic analysis determines that the perpetrator has a certain blood type shared by 10 % of the population. a suspect is arrested, and found to have that same blood type. a prosecutor might charge the suspect with the crime on that basis alone, and claim at trial that the probability that the defendant is guilty is 90 %. however, this conclusion is only close to correct if the defendant was selected as the main suspect based on robust evidence discovered prior to the blood test and unrelated to it. otherwise, the reasoning presented is flawed, as it overlooks the high prior probability ( that is, prior to the blood test ) that he is a random innocent person. assume, for instance, that 1000 people live in the town where the crime occurred. this means that 100 people live there who have the perpetrator's blood type, of whom only one is the true perpetrator ; therefore, the true probability that the defendant is guilty β based only on the fact that his blood type matches that of the killer β is only 1 %, far less than the 90 % argued by the prosecutor. the prosecutor's fallacy involves assuming that the prior probability of a random match is equal to the probability that the defendant is innocent. when using it, a prosecutor questioning an expert witness may ask : " the odds of finding this evidence on an innocent man are so small that the jury can safely disregard the possibility that this defendant is innocent, correct? " the claim assumes that the probability that evidence is found on an innocent man is the same as the probability that a man is innocent given that evidence was found on him, which is not true. whilst the former is usually small ( 10 % in the previous example ) due to good forensic evidence procedures, the latter ( 99 % in that example ) does not directly relate to it and will often be much higher, since, in fact, it depends on the likely quite high prior odds of the defendant being a random innocent person. = = examples in law = = = = = o. j. simpson trial = = = o. j. simpson was tried and acquitted in 1995 for the murders of his ex - wife nicole brown simpson and her friend ronald goldman. crime scene blood matched simpson's with characteristics shared by 1 in 400 people. however, the defense argued that the number of people from los angeles matching the sample could fill a football stadium and that the figure of 1 in 400 was useless. it
Answer:
|
Defendant is charged with armed robbery. He claims he was so drunk he did not know if the gun was loaded.
| 0.3 |
On May 1, Ohner telegraphed Byer, "Will sell you any or all of the lots in Grover subdivision at $5,000 each. Details will follow in letter." The letter contained all the necessary details concerning terms of payment, insurance, mortgages, etc., and provided, "This offer remains open until June 1." On May 2, after he had received the telegram but before he had received the letter, Byer telegraphed Ohner, "Accept your offer with respect to lot 101." Both parties knew that there were 50 lots in the Grove subdivision and that they were numbered 101 through 150."For this question only, assume that Ohner and Byer were bound by a contract for the sale of lot 101 for $5,000, that on May 3 Ohner telephoned Byer to say that because he had just discovered that a shopping center was going to be erected adjacent to the Grove subdivision, he would "have to have $6,000 for each of the lots including lot 101," that Byer thereupon agreed to pay him $6,000 for lot 101, and that on May 6 Byer telegraphed, "Accept your offer with respect to the rest of the lots." Assuming that two contracts were formed and that there is no controlling statute, Byer will most likely be required to pay
0. only $5,000 for each of the 50 lots.
1. only $5,000 for lot 101, but $6,000 for the remaining 49 lots.
2. $6,000 for each of the 50 lots.
3. $6,000 for lot 101, but only $5,000 for the remaining 49 lots
honest hin. " = = = prohibition of monetary deception ( ona'at mamon ) = = = leviticus 25 : 14 teaches : " when you sell anything to your neighbor or buy anything from your neighbor, you shall not deceive one another. " the talmud ( bava metzia 49b and 50b ) and later codes ( rambam, mekhira, chapter 12 ) expand on this verse to create a series of specific laws prohibiting ona'ah, monetary deception. the prohibition is on the sale of an article at so much more, or to the purchase of an article at so much less, than its market value that fraud or the taking of an undue advantage is presumed. a discrepancy of one - sixth enables the wronged party to secure the cancelation of the sale or purchase ; that is, an article worth six money - units in the market may not be sold for seven or bought for five ( b. m. 49b ). it seems that overcharge by the merchant selling to the consumer was the most frequent instance in which the application of the rule was called for ; the claim had to be made as soon as the buyer had had an opportunity to show his purchase to a merchant or to one of his friends. it is said that r. tarfon taught at lydda that the discrepancy must amount to one - third to justify an action, whereupon the merchants rejoiced ; but when he extended the time for rescission to the whole day they demanded the restoration of the old rule. either seller or purchaser, whether merchant or one in private life, may make the complaint, notwithstanding the opinion to the contrary of r. judah ben ilai. the purchaser imposed upon may ask either for rescission of the transaction or for the return of the excess paid by him. in the case of changing money it was suggested that a lack in weight of even one in twelve should be sufficient ground for complaint, but the prevailing opinion fixed here also the ratio of one in six. within a great city the time for complaint extends until the money in question can be shown to a money - changer ; in villages, where no money - changer is to be found, until the eve of the sabbath, when the party deceived is apt to tender the coin in payment for his purchases. = = = prohibition of verbal deception ( ona'at devarim ) = = = leviticus 25 : 17 teaches : "
no matter how much money i offered. by opening that door we were applying pressure. we called it the henry james treatment. it was'the turn of the screw '. " hall clarified that as a game show host he did not have to follow the rules of the puzzle in the savant column and did not always have to allow a person the opportunity to switch ( e. g., he might open their door immediately if it was a losing door, might offer them money to not switch from a losing door to a winning door, or might allow them the opportunity to switch only if they had a winning door ). " if the host is required to open a door all the time and offer you a switch, then you should take the switch, " he said. " but if he has the choice whether to allow a switch or not, beware. caveat emptor. it all depends on his mood. " = = see also = = mythbusters episode 177 " wheel of mythfortune " β pick a door principle of restricted choice β similar application of bayesian updating in contract bridge = = = similar puzzles in probability and decision theory = = = boy or girl paradox sleeping beauty problem two envelopes problem = = references = = = = = bibliography = = = = = further reading = = gill, richard ( 2011b ). " monty hall problem ( version 5 ) ". statprob : the encyclopedia sponsored by statistics and probability societies. archived from the original on 21 january 2016. retrieved 3 april 2011. gnedin, sasha ( 2011 ). " the mondee gills game ". the mathematical intelligencer. 34 : 34 β 41. arxiv : 1106. 0833. doi : 10. 1007 / s00283 - 011 - 9253 - 0. vos savant, marilyn ( 7 july 1991b ). " ask marilyn ". parade. p. 26. archived from the original on 21 january 2013. retrieved 12 november 2012. vos savant, marilyn ( 26 november 2006 ). " ask marilyn ". parade. p. 6. whitaker, craig f. ( 9 september 1990 ). " [ formulation by marilyn vos savant of question posed in a letter from craig whitaker ]. ask marilyn ". parade. p. 16. = = external links = = the game show problem β the original question and responses on marilyn vos savant's web site university of california san diego, monty knows version and monty does not know version
the same hole. sometimes the instruments were operated in pairs at each end, making conversation more convenient but also more expensive. at first, the benefits of a telephone exchange were not exploited. instead, telephones were leased in pairs to a subscriber, who had to arrange for a telegraph contractor to construct a line between them, for example, between a home and a shop. users who wanted the ability to speak to several different locations would need to obtain and set up three or four pairs of telephones. western union, already using telegraph exchanges, quickly extended the principle to its telephones in new york city and san francisco, and bell was not slow in appreciating the potential. signalling began in an appropriately primitive manner. the user alerted the other end, or the exchange operator, by whistling into the transmitter. exchange operation soon resulted in telephones being equipped with a bell in a ringer box, first operated over a second wire, and later over the same wire, but with a condenser ( capacitor ) in series with the bell coil to allow the ac ringer signal through while still blocking dc ( keeping the phone " on hook " ). telephones connected to the earliest strowger switch automatic exchanges had seven wires, one for the knife switch, one for each telegraph key, one for the bell, one for the push - button and two for speaking. large wall telephones in the early 20th century usually incorporated the bell, and separate bell boxes for desk phones dwindled away in the middle of the century. rural and other telephones that were not on a common battery exchange had a magneto hand - cranked generator to produce a high voltage alternating signal to ring the bells of other telephones on the line and to alert the operator. some local farming communities that were not connected to the main networks set up barbed wire telephone lines that exploited the existing system of field fences to transmit the signal. in the 1890s a new smaller style of telephone was introduced, packaged in three parts. the transmitter stood on a stand, known as a " candlestick " for its shape. when not in use, the receiver hung on a hook with a switch in it, known as a " switchhook ". previous telephones required the user to operate a separate switch to connect either the voice or the bell. with the new kind, the user was less likely to leave the phone " off the hook ". in phones connected to magneto exchanges, the bell, induction coil, battery and magneto were in a separate
a lot ( formerly loth ) was an old unit of measurement for the relative fineness to gross weight in metallurgy and especially in coinage until the 19th century. a lot was thus a proportion of the precious metal content in a piece of metal. it was used in the four main monetary systems of germany : austrian, south german, north german and hamburg. the lot was defined as the sixteenth part of a mark. for example, in silver, the total weight was divided into 16 ( proportional ) lots until about 1857, according to which a " 12 - lot " silver alloy ( 750 silver ) contained 12 / 16 = 3β4 or 75 % by weight of silver and 25 % of another metal ( usually copper ). a 14 - lot silver alloy ( 14β16 ), on the other hand, corresponded to 875 silver. for refinement, a lot was further divided into 18 grains. thus 14 lots, 4 grains fine then correspond to a fineness of 888. 89 β° = ( 14 + 4 / 18 ) / 16 = ( 252 + 4 ) / 288, i. e. 256 / 288 grains. the german proportional measure, the lot, was finally replaced on 1 january 1888 in the german empire by the proportional measure, permille ( thousandths ). = = see also = = carat for gold. = = references = =
a round lot ( or board lot ) is a normal unit of trading of a security, which is usually 100 shares of stock in us. each stock exchange has its own regulations regarding round lot sizes : they can range anywhere from 1 - 100 shares, depending on the exchange. any quantity less than this normal unit is referred to as an odd lot. = = see also = = odd lot odd lotter = = references = =
Answer:
|
only $5,000 for lot 101, but $6,000 for the remaining 49 lots.
| null |
On May 1, Ohner telegraphed Byer, "Will sell you any or all of the lots in Grover subdivision at $5,000 each. Details will follow in letter." The letter contained all the necessary details concerning terms of payment, insurance, mortgages, etc., and provided, "This offer remains open until June 1." On May 2, after he had received the telegram but before he had received the letter, Byer telegraphed Ohner, "Accept your offer with respect to lot 101." Both parties knew that there were 50 lots in the Grove subdivision and that they were numbered 101 through 150."For this question only, assume that Ohner and Byer were bound by a contract for the sale of lot 101 for $5,000, that on May 3 Ohner telephoned Byer to say that because he had just discovered that a shopping center was going to be erected adjacent to the Grove subdivision, he would "have to have $6,000 for each of the lots including lot 101," that Byer thereupon agreed to pay him $6,000 for lot 101, and that on May 6 Byer telegraphed, "Accept your offer with respect to the rest of the lots." Assuming that two contracts were formed and that there is no controlling statute, Byer will most likely be required to pay
0. only $5,000 for each of the 50 lots.
1. only $5,000 for lot 101, but $6,000 for the remaining 49 lots.
2. $6,000 for each of the 50 lots.
3. $6,000 for lot 101, but only $5,000 for the remaining 49 lots
honest hin. " = = = prohibition of monetary deception ( ona'at mamon ) = = = leviticus 25 : 14 teaches : " when you sell anything to your neighbor or buy anything from your neighbor, you shall not deceive one another. " the talmud ( bava metzia 49b and 50b ) and later codes ( rambam, mekhira, chapter 12 ) expand on this verse to create a series of specific laws prohibiting ona'ah, monetary deception. the prohibition is on the sale of an article at so much more, or to the purchase of an article at so much less, than its market value that fraud or the taking of an undue advantage is presumed. a discrepancy of one - sixth enables the wronged party to secure the cancelation of the sale or purchase ; that is, an article worth six money - units in the market may not be sold for seven or bought for five ( b. m. 49b ). it seems that overcharge by the merchant selling to the consumer was the most frequent instance in which the application of the rule was called for ; the claim had to be made as soon as the buyer had had an opportunity to show his purchase to a merchant or to one of his friends. it is said that r. tarfon taught at lydda that the discrepancy must amount to one - third to justify an action, whereupon the merchants rejoiced ; but when he extended the time for rescission to the whole day they demanded the restoration of the old rule. either seller or purchaser, whether merchant or one in private life, may make the complaint, notwithstanding the opinion to the contrary of r. judah ben ilai. the purchaser imposed upon may ask either for rescission of the transaction or for the return of the excess paid by him. in the case of changing money it was suggested that a lack in weight of even one in twelve should be sufficient ground for complaint, but the prevailing opinion fixed here also the ratio of one in six. within a great city the time for complaint extends until the money in question can be shown to a money - changer ; in villages, where no money - changer is to be found, until the eve of the sabbath, when the party deceived is apt to tender the coin in payment for his purchases. = = = prohibition of verbal deception ( ona'at devarim ) = = = leviticus 25 : 17 teaches : "
no matter how much money i offered. by opening that door we were applying pressure. we called it the henry james treatment. it was'the turn of the screw '. " hall clarified that as a game show host he did not have to follow the rules of the puzzle in the savant column and did not always have to allow a person the opportunity to switch ( e. g., he might open their door immediately if it was a losing door, might offer them money to not switch from a losing door to a winning door, or might allow them the opportunity to switch only if they had a winning door ). " if the host is required to open a door all the time and offer you a switch, then you should take the switch, " he said. " but if he has the choice whether to allow a switch or not, beware. caveat emptor. it all depends on his mood. " = = see also = = mythbusters episode 177 " wheel of mythfortune " β pick a door principle of restricted choice β similar application of bayesian updating in contract bridge = = = similar puzzles in probability and decision theory = = = boy or girl paradox sleeping beauty problem two envelopes problem = = references = = = = = bibliography = = = = = further reading = = gill, richard ( 2011b ). " monty hall problem ( version 5 ) ". statprob : the encyclopedia sponsored by statistics and probability societies. archived from the original on 21 january 2016. retrieved 3 april 2011. gnedin, sasha ( 2011 ). " the mondee gills game ". the mathematical intelligencer. 34 : 34 β 41. arxiv : 1106. 0833. doi : 10. 1007 / s00283 - 011 - 9253 - 0. vos savant, marilyn ( 7 july 1991b ). " ask marilyn ". parade. p. 26. archived from the original on 21 january 2013. retrieved 12 november 2012. vos savant, marilyn ( 26 november 2006 ). " ask marilyn ". parade. p. 6. whitaker, craig f. ( 9 september 1990 ). " [ formulation by marilyn vos savant of question posed in a letter from craig whitaker ]. ask marilyn ". parade. p. 16. = = external links = = the game show problem β the original question and responses on marilyn vos savant's web site university of california san diego, monty knows version and monty does not know version
the same hole. sometimes the instruments were operated in pairs at each end, making conversation more convenient but also more expensive. at first, the benefits of a telephone exchange were not exploited. instead, telephones were leased in pairs to a subscriber, who had to arrange for a telegraph contractor to construct a line between them, for example, between a home and a shop. users who wanted the ability to speak to several different locations would need to obtain and set up three or four pairs of telephones. western union, already using telegraph exchanges, quickly extended the principle to its telephones in new york city and san francisco, and bell was not slow in appreciating the potential. signalling began in an appropriately primitive manner. the user alerted the other end, or the exchange operator, by whistling into the transmitter. exchange operation soon resulted in telephones being equipped with a bell in a ringer box, first operated over a second wire, and later over the same wire, but with a condenser ( capacitor ) in series with the bell coil to allow the ac ringer signal through while still blocking dc ( keeping the phone " on hook " ). telephones connected to the earliest strowger switch automatic exchanges had seven wires, one for the knife switch, one for each telegraph key, one for the bell, one for the push - button and two for speaking. large wall telephones in the early 20th century usually incorporated the bell, and separate bell boxes for desk phones dwindled away in the middle of the century. rural and other telephones that were not on a common battery exchange had a magneto hand - cranked generator to produce a high voltage alternating signal to ring the bells of other telephones on the line and to alert the operator. some local farming communities that were not connected to the main networks set up barbed wire telephone lines that exploited the existing system of field fences to transmit the signal. in the 1890s a new smaller style of telephone was introduced, packaged in three parts. the transmitter stood on a stand, known as a " candlestick " for its shape. when not in use, the receiver hung on a hook with a switch in it, known as a " switchhook ". previous telephones required the user to operate a separate switch to connect either the voice or the bell. with the new kind, the user was less likely to leave the phone " off the hook ". in phones connected to magneto exchanges, the bell, induction coil, battery and magneto were in a separate
a lot ( formerly loth ) was an old unit of measurement for the relative fineness to gross weight in metallurgy and especially in coinage until the 19th century. a lot was thus a proportion of the precious metal content in a piece of metal. it was used in the four main monetary systems of germany : austrian, south german, north german and hamburg. the lot was defined as the sixteenth part of a mark. for example, in silver, the total weight was divided into 16 ( proportional ) lots until about 1857, according to which a " 12 - lot " silver alloy ( 750 silver ) contained 12 / 16 = 3β4 or 75 % by weight of silver and 25 % of another metal ( usually copper ). a 14 - lot silver alloy ( 14β16 ), on the other hand, corresponded to 875 silver. for refinement, a lot was further divided into 18 grains. thus 14 lots, 4 grains fine then correspond to a fineness of 888. 89 β° = ( 14 + 4 / 18 ) / 16 = ( 252 + 4 ) / 288, i. e. 256 / 288 grains. the german proportional measure, the lot, was finally replaced on 1 january 1888 in the german empire by the proportional measure, permille ( thousandths ). = = see also = = carat for gold. = = references = =
a round lot ( or board lot ) is a normal unit of trading of a security, which is usually 100 shares of stock in us. each stock exchange has its own regulations regarding round lot sizes : they can range anywhere from 1 - 100 shares, depending on the exchange. any quantity less than this normal unit is referred to as an odd lot. = = see also = = odd lot odd lotter = = references = =
Answer:
|
$6,000 for lot 101, but only $5,000 for the remaining 49 lots
| 0.3 |
On May 1, Ohner telegraphed Byer, "Will sell you any or all of the lots in Grover subdivision at $5,000 each. Details will follow in letter." The letter contained all the necessary details concerning terms of payment, insurance, mortgages, etc., and provided, "This offer remains open until June 1." On May 2, after he had received the telegram but before he had received the letter, Byer telegraphed Ohner, "Accept your offer with respect to lot 101." Both parties knew that there were 50 lots in the Grove subdivision and that they were numbered 101 through 150.""For this question only, assume that on May 5 Ohner telephoned Byer to say that he had sold lots 102 through 150 to someone else on May 4, and that Byer thereafter telegraphed Ohner, "Will take the rest of the lots." Assume further that there is no controlling statute. In an action by Byer against Ohner for breach of contract, Byer probably will
0. succeed, because Ohner had promised him that the offer would remain open until June 1.
1. succeed, because Ohner's attempted revocation was by telephone.
2. not succeed, because Byer's power of acceptance was terminated by Ohner's sale of the lots to another party.
3. not succeed, because Byer's power of acceptance was terminated by an effective revocation
a lot ( formerly loth ) was an old unit of measurement for the relative fineness to gross weight in metallurgy and especially in coinage until the 19th century. a lot was thus a proportion of the precious metal content in a piece of metal. it was used in the four main monetary systems of germany : austrian, south german, north german and hamburg. the lot was defined as the sixteenth part of a mark. for example, in silver, the total weight was divided into 16 ( proportional ) lots until about 1857, according to which a " 12 - lot " silver alloy ( 750 silver ) contained 12 / 16 = 3β4 or 75 % by weight of silver and 25 % of another metal ( usually copper ). a 14 - lot silver alloy ( 14β16 ), on the other hand, corresponded to 875 silver. for refinement, a lot was further divided into 18 grains. thus 14 lots, 4 grains fine then correspond to a fineness of 888. 89 β° = ( 14 + 4 / 18 ) / 16 = ( 252 + 4 ) / 288, i. e. 256 / 288 grains. the german proportional measure, the lot, was finally replaced on 1 january 1888 in the german empire by the proportional measure, permille ( thousandths ). = = see also = = carat for gold. = = references = =
the same hole. sometimes the instruments were operated in pairs at each end, making conversation more convenient but also more expensive. at first, the benefits of a telephone exchange were not exploited. instead, telephones were leased in pairs to a subscriber, who had to arrange for a telegraph contractor to construct a line between them, for example, between a home and a shop. users who wanted the ability to speak to several different locations would need to obtain and set up three or four pairs of telephones. western union, already using telegraph exchanges, quickly extended the principle to its telephones in new york city and san francisco, and bell was not slow in appreciating the potential. signalling began in an appropriately primitive manner. the user alerted the other end, or the exchange operator, by whistling into the transmitter. exchange operation soon resulted in telephones being equipped with a bell in a ringer box, first operated over a second wire, and later over the same wire, but with a condenser ( capacitor ) in series with the bell coil to allow the ac ringer signal through while still blocking dc ( keeping the phone " on hook " ). telephones connected to the earliest strowger switch automatic exchanges had seven wires, one for the knife switch, one for each telegraph key, one for the bell, one for the push - button and two for speaking. large wall telephones in the early 20th century usually incorporated the bell, and separate bell boxes for desk phones dwindled away in the middle of the century. rural and other telephones that were not on a common battery exchange had a magneto hand - cranked generator to produce a high voltage alternating signal to ring the bells of other telephones on the line and to alert the operator. some local farming communities that were not connected to the main networks set up barbed wire telephone lines that exploited the existing system of field fences to transmit the signal. in the 1890s a new smaller style of telephone was introduced, packaged in three parts. the transmitter stood on a stand, known as a " candlestick " for its shape. when not in use, the receiver hung on a hook with a switch in it, known as a " switchhook ". previous telephones required the user to operate a separate switch to connect either the voice or the bell. with the new kind, the user was less likely to leave the phone " off the hook ". in phones connected to magneto exchanges, the bell, induction coil, battery and magneto were in a separate
honest hin. " = = = prohibition of monetary deception ( ona'at mamon ) = = = leviticus 25 : 14 teaches : " when you sell anything to your neighbor or buy anything from your neighbor, you shall not deceive one another. " the talmud ( bava metzia 49b and 50b ) and later codes ( rambam, mekhira, chapter 12 ) expand on this verse to create a series of specific laws prohibiting ona'ah, monetary deception. the prohibition is on the sale of an article at so much more, or to the purchase of an article at so much less, than its market value that fraud or the taking of an undue advantage is presumed. a discrepancy of one - sixth enables the wronged party to secure the cancelation of the sale or purchase ; that is, an article worth six money - units in the market may not be sold for seven or bought for five ( b. m. 49b ). it seems that overcharge by the merchant selling to the consumer was the most frequent instance in which the application of the rule was called for ; the claim had to be made as soon as the buyer had had an opportunity to show his purchase to a merchant or to one of his friends. it is said that r. tarfon taught at lydda that the discrepancy must amount to one - third to justify an action, whereupon the merchants rejoiced ; but when he extended the time for rescission to the whole day they demanded the restoration of the old rule. either seller or purchaser, whether merchant or one in private life, may make the complaint, notwithstanding the opinion to the contrary of r. judah ben ilai. the purchaser imposed upon may ask either for rescission of the transaction or for the return of the excess paid by him. in the case of changing money it was suggested that a lack in weight of even one in twelve should be sufficient ground for complaint, but the prevailing opinion fixed here also the ratio of one in six. within a great city the time for complaint extends until the money in question can be shown to a money - changer ; in villages, where no money - changer is to be found, until the eve of the sabbath, when the party deceived is apt to tender the coin in payment for his purchases. = = = prohibition of verbal deception ( ona'at devarim ) = = = leviticus 25 : 17 teaches : "
can be satisfied by orders in the limit book when it is received is marketable. for example, if a stock is asked for $ 86. 41 ( large size ), a buy order with a limit of $ 90 can be filled right away. similarly, if a stock is bid $ 86. 40, a sell order with a limit of $ 80 will be filled right away. a limit order may be partially filled from the book and the rest added to the book. both buy and sell orders can be additionally constrained. two of the most common additional constraints are fill or kill ( fok ) and all or none ( aon ). fok orders are either filled completely on the first attempt or canceled outright, while aon orders stipulate that the order must be filled with the entire number of shares specified, or not filled at all. if it is not filled, it is still held on the order book for later execution. = = time in force = = a day order or good for day order ( gfd ) ( the most common ) is a market or limit order that is in force from the time the order is submitted to the end of the day's trading session. for stock markets, the closing time is defined by the exchange. for the foreign exchange market, this is until 5 p. m. est / edt for all currencies except the new zealand dollar. good - til - cancelled ( gtc ) orders require a specific cancelling order, which can persist indefinitely ( although brokers may set some limits, for example, 90 days ). immediate or cancel ( ioc ) orders are immediately executed or cancelled by the exchange. unlike fok orders, ioc orders allow for partial fills. fill or kill ( fok ) orders are usually limit orders that must be executed or cancelled immediately. unlike ioc orders, fok orders require the full quantity to be executed. most markets have single - price auctions at the beginning ( " open " ) and the end ( " close " ) of regular trading. some markets may also have before - lunch and after - lunch orders. an order may be specified on the close or on the open, then it is entered in an auction but has no effect otherwise. there is often some deadline, for example, orders must be in 20 minutes before the auction. they are single - price because all orders, if they transact at all, transact at the same price, the open price and the close price respectively. combined with price instructions, this gives market on
that pressler & pressler, " one of the biggest in the collection industry ", used the " online database called anywho to hunt for debtors ". they then summoned all those with the same name to court. judge dear called for a sanctions hearing, a formal process of penalizing pressler & pressler, for suing the wrong man without confirming the man's claims about his social security number and date of birth. judge dear also called for compensation for lost wages for the man wrongfully summoned and accused. in cases where the wrongfully accused does not respond to the debt collector's " civil court summons β even if wrongly identified β faces a default judgment and frozen bank accounts ". until judge dear's case, there were " few penalties against collectors for dragging the wrong people into court ". in april 2016, pressler and pressler's two principal partners, sheldon h. pressler and gerard j. felt and " new century financial services, inc., a debt buyer ", were ordered by the consumer financial protection bureau ( cfpb ) " to stop churning out unfair and deceptive debt collection lawsuits based on flimsy or nonexistent evidence ". they were also barred from " illegal practices that can deceive or intimidate consumers, such as filing lawsuits without determining if debts in question are valid ". the law firm, the partners themselves and the debt buyer were ordered to pay a total of $ 2. 5 million in fines to the cfpb's civil penalty fund. the respondents " violated the fair debt collection practices act and the dodd β frank wall street reform and consumer protection act, which prohibits unfair and deceptive acts or practices in the consumer financial marketplace ". = = = student loans = = = on may 28, 2015, three defendants β navient solutions inc. ( formerly known as sallie mae, inc. ), and navient de corporation ( formerly known as slm de corporation ), and sallie mae bank β were charged with violating the service members civil relief act ( scra ) from 2005 through 2015 by " failing to provide members of the military the 6 percent interest rate cap to which they were entitled for loans that were incurred before the military service began ". the defendants had to pay $ 60 million in compensation to the nearly 78, 000 military service members " who were forced to pay more for their student loans than is required under the scra ". navient was fined $ 55, 000 as a civil penalty pay
Answer:
|
not succeed, because Byer's power of acceptance was terminated by an effective revocation
| null |
On May 1, Ohner telegraphed Byer, "Will sell you any or all of the lots in Grover subdivision at $5,000 each. Details will follow in letter." The letter contained all the necessary details concerning terms of payment, insurance, mortgages, etc., and provided, "This offer remains open until June 1." On May 2, after he had received the telegram but before he had received the letter, Byer telegraphed Ohner, "Accept your offer with respect to lot 101." Both parties knew that there were 50 lots in the Grove subdivision and that they were numbered 101 through 150.""For this question only, assume that on May 5 Ohner telephoned Byer to say that he had sold lots 102 through 150 to someone else on May 4, and that Byer thereafter telegraphed Ohner, "Will take the rest of the lots." Assume further that there is no controlling statute. In an action by Byer against Ohner for breach of contract, Byer probably will
0. succeed, because Ohner had promised him that the offer would remain open until June 1.
1. succeed, because Ohner's attempted revocation was by telephone.
2. not succeed, because Byer's power of acceptance was terminated by Ohner's sale of the lots to another party.
3. not succeed, because Byer's power of acceptance was terminated by an effective revocation
a lot ( formerly loth ) was an old unit of measurement for the relative fineness to gross weight in metallurgy and especially in coinage until the 19th century. a lot was thus a proportion of the precious metal content in a piece of metal. it was used in the four main monetary systems of germany : austrian, south german, north german and hamburg. the lot was defined as the sixteenth part of a mark. for example, in silver, the total weight was divided into 16 ( proportional ) lots until about 1857, according to which a " 12 - lot " silver alloy ( 750 silver ) contained 12 / 16 = 3β4 or 75 % by weight of silver and 25 % of another metal ( usually copper ). a 14 - lot silver alloy ( 14β16 ), on the other hand, corresponded to 875 silver. for refinement, a lot was further divided into 18 grains. thus 14 lots, 4 grains fine then correspond to a fineness of 888. 89 β° = ( 14 + 4 / 18 ) / 16 = ( 252 + 4 ) / 288, i. e. 256 / 288 grains. the german proportional measure, the lot, was finally replaced on 1 january 1888 in the german empire by the proportional measure, permille ( thousandths ). = = see also = = carat for gold. = = references = =
the same hole. sometimes the instruments were operated in pairs at each end, making conversation more convenient but also more expensive. at first, the benefits of a telephone exchange were not exploited. instead, telephones were leased in pairs to a subscriber, who had to arrange for a telegraph contractor to construct a line between them, for example, between a home and a shop. users who wanted the ability to speak to several different locations would need to obtain and set up three or four pairs of telephones. western union, already using telegraph exchanges, quickly extended the principle to its telephones in new york city and san francisco, and bell was not slow in appreciating the potential. signalling began in an appropriately primitive manner. the user alerted the other end, or the exchange operator, by whistling into the transmitter. exchange operation soon resulted in telephones being equipped with a bell in a ringer box, first operated over a second wire, and later over the same wire, but with a condenser ( capacitor ) in series with the bell coil to allow the ac ringer signal through while still blocking dc ( keeping the phone " on hook " ). telephones connected to the earliest strowger switch automatic exchanges had seven wires, one for the knife switch, one for each telegraph key, one for the bell, one for the push - button and two for speaking. large wall telephones in the early 20th century usually incorporated the bell, and separate bell boxes for desk phones dwindled away in the middle of the century. rural and other telephones that were not on a common battery exchange had a magneto hand - cranked generator to produce a high voltage alternating signal to ring the bells of other telephones on the line and to alert the operator. some local farming communities that were not connected to the main networks set up barbed wire telephone lines that exploited the existing system of field fences to transmit the signal. in the 1890s a new smaller style of telephone was introduced, packaged in three parts. the transmitter stood on a stand, known as a " candlestick " for its shape. when not in use, the receiver hung on a hook with a switch in it, known as a " switchhook ". previous telephones required the user to operate a separate switch to connect either the voice or the bell. with the new kind, the user was less likely to leave the phone " off the hook ". in phones connected to magneto exchanges, the bell, induction coil, battery and magneto were in a separate
honest hin. " = = = prohibition of monetary deception ( ona'at mamon ) = = = leviticus 25 : 14 teaches : " when you sell anything to your neighbor or buy anything from your neighbor, you shall not deceive one another. " the talmud ( bava metzia 49b and 50b ) and later codes ( rambam, mekhira, chapter 12 ) expand on this verse to create a series of specific laws prohibiting ona'ah, monetary deception. the prohibition is on the sale of an article at so much more, or to the purchase of an article at so much less, than its market value that fraud or the taking of an undue advantage is presumed. a discrepancy of one - sixth enables the wronged party to secure the cancelation of the sale or purchase ; that is, an article worth six money - units in the market may not be sold for seven or bought for five ( b. m. 49b ). it seems that overcharge by the merchant selling to the consumer was the most frequent instance in which the application of the rule was called for ; the claim had to be made as soon as the buyer had had an opportunity to show his purchase to a merchant or to one of his friends. it is said that r. tarfon taught at lydda that the discrepancy must amount to one - third to justify an action, whereupon the merchants rejoiced ; but when he extended the time for rescission to the whole day they demanded the restoration of the old rule. either seller or purchaser, whether merchant or one in private life, may make the complaint, notwithstanding the opinion to the contrary of r. judah ben ilai. the purchaser imposed upon may ask either for rescission of the transaction or for the return of the excess paid by him. in the case of changing money it was suggested that a lack in weight of even one in twelve should be sufficient ground for complaint, but the prevailing opinion fixed here also the ratio of one in six. within a great city the time for complaint extends until the money in question can be shown to a money - changer ; in villages, where no money - changer is to be found, until the eve of the sabbath, when the party deceived is apt to tender the coin in payment for his purchases. = = = prohibition of verbal deception ( ona'at devarim ) = = = leviticus 25 : 17 teaches : "
can be satisfied by orders in the limit book when it is received is marketable. for example, if a stock is asked for $ 86. 41 ( large size ), a buy order with a limit of $ 90 can be filled right away. similarly, if a stock is bid $ 86. 40, a sell order with a limit of $ 80 will be filled right away. a limit order may be partially filled from the book and the rest added to the book. both buy and sell orders can be additionally constrained. two of the most common additional constraints are fill or kill ( fok ) and all or none ( aon ). fok orders are either filled completely on the first attempt or canceled outright, while aon orders stipulate that the order must be filled with the entire number of shares specified, or not filled at all. if it is not filled, it is still held on the order book for later execution. = = time in force = = a day order or good for day order ( gfd ) ( the most common ) is a market or limit order that is in force from the time the order is submitted to the end of the day's trading session. for stock markets, the closing time is defined by the exchange. for the foreign exchange market, this is until 5 p. m. est / edt for all currencies except the new zealand dollar. good - til - cancelled ( gtc ) orders require a specific cancelling order, which can persist indefinitely ( although brokers may set some limits, for example, 90 days ). immediate or cancel ( ioc ) orders are immediately executed or cancelled by the exchange. unlike fok orders, ioc orders allow for partial fills. fill or kill ( fok ) orders are usually limit orders that must be executed or cancelled immediately. unlike ioc orders, fok orders require the full quantity to be executed. most markets have single - price auctions at the beginning ( " open " ) and the end ( " close " ) of regular trading. some markets may also have before - lunch and after - lunch orders. an order may be specified on the close or on the open, then it is entered in an auction but has no effect otherwise. there is often some deadline, for example, orders must be in 20 minutes before the auction. they are single - price because all orders, if they transact at all, transact at the same price, the open price and the close price respectively. combined with price instructions, this gives market on
that pressler & pressler, " one of the biggest in the collection industry ", used the " online database called anywho to hunt for debtors ". they then summoned all those with the same name to court. judge dear called for a sanctions hearing, a formal process of penalizing pressler & pressler, for suing the wrong man without confirming the man's claims about his social security number and date of birth. judge dear also called for compensation for lost wages for the man wrongfully summoned and accused. in cases where the wrongfully accused does not respond to the debt collector's " civil court summons β even if wrongly identified β faces a default judgment and frozen bank accounts ". until judge dear's case, there were " few penalties against collectors for dragging the wrong people into court ". in april 2016, pressler and pressler's two principal partners, sheldon h. pressler and gerard j. felt and " new century financial services, inc., a debt buyer ", were ordered by the consumer financial protection bureau ( cfpb ) " to stop churning out unfair and deceptive debt collection lawsuits based on flimsy or nonexistent evidence ". they were also barred from " illegal practices that can deceive or intimidate consumers, such as filing lawsuits without determining if debts in question are valid ". the law firm, the partners themselves and the debt buyer were ordered to pay a total of $ 2. 5 million in fines to the cfpb's civil penalty fund. the respondents " violated the fair debt collection practices act and the dodd β frank wall street reform and consumer protection act, which prohibits unfair and deceptive acts or practices in the consumer financial marketplace ". = = = student loans = = = on may 28, 2015, three defendants β navient solutions inc. ( formerly known as sallie mae, inc. ), and navient de corporation ( formerly known as slm de corporation ), and sallie mae bank β were charged with violating the service members civil relief act ( scra ) from 2005 through 2015 by " failing to provide members of the military the 6 percent interest rate cap to which they were entitled for loans that were incurred before the military service began ". the defendants had to pay $ 60 million in compensation to the nearly 78, 000 military service members " who were forced to pay more for their student loans than is required under the scra ". navient was fined $ 55, 000 as a civil penalty pay
Answer:
|
succeed, because Ohner's attempted revocation was by telephone.
| 0.3 |
On May 1, Ohner telegraphed Byer, "Will sell you any or all of the lots in Grover subdivision at $5,000 each. Details will follow in letter." The letter contained all the necessary details concerning terms of payment, insurance, mortgages, etc., and provided, "This offer remains open until June 1." On May 2, after he had received the telegram but before he had received the letter, Byer telegraphed Ohner, "Accept your offer with respect to lot 101." Both parties knew that there were 50 lots in the Grove subdivision and that they were numbered 101 through 150."For this question only, assume that on May 6 Byer telegraphed Ohner, "Will take the rest of the lots," and that on May 8 Ohner discovered that he did not have good title to the remaining lots. Which of the following would provide the best legal support for Ohner's contention that he was not liable for breach of contract as to the remaining 49 lots?
0. Impossibility of performance.
1. Unilateral mistake as to basic assumption.
2. Termination of the offer by Byer's having first contracted to buy lot 101.
3. Excuse by failure of an implied condition precedent.
a big boy letter is a pre - sale agreement in connection with a private sale of securities ( such as in a pipe transaction ) not to sue over non - disclosure of material inside information that is not disclosed, entered into between two sophisticated parties. big boy provisions may also be contained within securities purchase agreements, rather than being the subject of a separate letter agreement. generally, a seller's request that a buyer agree to a big boy letter is a signal to the sophisticated buyer that there is likely to be material non - public information that exists concerning a security, which could give rise to a lawsuit brought by the buyer if it was not disclosed, in the absence of the letter. = = controversy = = the legality of big boy letters themselves in the united states securities markets is a matter of dispute. this is because the primary lawsuit parties seek to avoid with such letters is one under the securities exchange act of 1934, which contains a provision, section 29 ( a ), that waivers of liability for securities fraud are void. the united states court of appeals for the second circuit, which includes the financial district of new york, has enforced agreements similar to big boy letters strictly against the buyer. the united states court of appeals for the third circuit, which includes delaware, which is the state of incorporation for many publicly held companies, has given greater weight to the anti - waiver provisions of the securities exchange act, although it has not completely ignored these agreements in considering all facts and circumstances of a transaction. as of 2008, commissioners and staff from the securities and exchange commission have expressed concern about the legal enforceability of big boy letters. two commissioners have stated that even if the letters provide a defense in private securities litigation, that they are not a defense in an sec enforcement action. even more controversial than the letters themselves is the practice of buying securities subject to a big boy letter and then reselling the securities to a third party without disclosing the existence of the " big boy letter. " this practice is the subject of ongoing litigation and debate among persons familiar with securities markets. some argue that there is no duty to disclose the existence of the letter, because the seller doesn't have any specific information. others argue that there is a duty to disclose the existence of a " big boy letter " because it strongly suggests that some material non - public information exists, even if the exact nature of that information is unknown, and that this practice, in effect, constitutes insider trading. = = references = = = = external links = = edwin david eshmoi
with regard to the company, which are claimed to be true at both the time of signing and the time of closing. sellers often attempt to craft their representations and warranties with knowledge qualifiers, dictating the level of knowledge applicable and which seller parties'knowledge is relevant. some agreements provide that if the representations and warranties by the seller prove to be false, the buyer may claim a refund of part of the purchase price, as is common in transactions involving privately held companies ( although in most acquisition agreements involving public company targets, the representations and warranties of the seller do not survive the closing ). representations regarding a target company's net working capital are a common source of post - closing disputes. covenants, which govern the conduct of the parties, both before the closing ( such as covenants that restrict the operations of the business between signing and closing ) and after the closing ( such as covenants regarding future income tax filings and tax liability or post - closing restrictions agreed to by the buyer and seller parties ). termination rights, which may be triggered by a breach of contract, a failure to satisfy certain conditions or the passage of a certain period of time without consummating the transaction, and fees and damages payable in case of a termination for certain events ( also known as breakup fees ). provisions relating to obtaining required shareholder approvals under state law and related sec filings required under federal law, if applicable, and terms related to the mechanics of the legal transactions to be consummated at closing ( such as the determination and allocation of the purchase price ) and post - closing adjustments ( such as adjustments after the final determination of working capital at closing or earnout payments payable to the sellers ), repayment of outstanding debt, and the treatment of outstanding shares, options and other equity interests ). an indemnification provision, which provides that an indemnitor will indemnify, defend, and hold harmless the indemnitee ( s ) for losses incurred by the indemnitees as a result of the indemnitor's breach of its contractual obligations in the purchase agreement following the closing of a deal, adjustments may be made to some of the provisions outlined in the purchase agreement, such as the purchase price. these adjustments are subject to enforceability issues in certain situations. alternatively, certain transactions use the'locked box'approach, where the purchase price is fixed at signing and based on the seller's equity value at a pre - signing date and an interest charge. =
% of the shares of another company. = = = = = tax consequence = = = = = the consummation of a tender offer resulting in payment to the shareholder is a taxable event triggering capital gains or losses, which may be long - term or short - term depending on the shareholder's holding period. = = see also = = bond tender offer bond exchange offer mini - tender offer mergers and acquisitions contract awarding list of largest mergers and acquisitions = = references = = sec faq on tender offers sec regulations governing tender offers david offenberg, christo a. pirinsky, " how do acquirers choose between mergers and tender offers? " journal of financial economics, 2015. j. fred weston, mark l. mitchell, j. harold mulherin, takeovers, restructuring, and corporate governance
honest hin. " = = = prohibition of monetary deception ( ona'at mamon ) = = = leviticus 25 : 14 teaches : " when you sell anything to your neighbor or buy anything from your neighbor, you shall not deceive one another. " the talmud ( bava metzia 49b and 50b ) and later codes ( rambam, mekhira, chapter 12 ) expand on this verse to create a series of specific laws prohibiting ona'ah, monetary deception. the prohibition is on the sale of an article at so much more, or to the purchase of an article at so much less, than its market value that fraud or the taking of an undue advantage is presumed. a discrepancy of one - sixth enables the wronged party to secure the cancelation of the sale or purchase ; that is, an article worth six money - units in the market may not be sold for seven or bought for five ( b. m. 49b ). it seems that overcharge by the merchant selling to the consumer was the most frequent instance in which the application of the rule was called for ; the claim had to be made as soon as the buyer had had an opportunity to show his purchase to a merchant or to one of his friends. it is said that r. tarfon taught at lydda that the discrepancy must amount to one - third to justify an action, whereupon the merchants rejoiced ; but when he extended the time for rescission to the whole day they demanded the restoration of the old rule. either seller or purchaser, whether merchant or one in private life, may make the complaint, notwithstanding the opinion to the contrary of r. judah ben ilai. the purchaser imposed upon may ask either for rescission of the transaction or for the return of the excess paid by him. in the case of changing money it was suggested that a lack in weight of even one in twelve should be sufficient ground for complaint, but the prevailing opinion fixed here also the ratio of one in six. within a great city the time for complaint extends until the money in question can be shown to a money - changer ; in villages, where no money - changer is to be found, until the eve of the sabbath, when the party deceived is apt to tender the coin in payment for his purchases. = = = prohibition of verbal deception ( ona'at devarim ) = = = leviticus 25 : 17 teaches : "
that pressler & pressler, " one of the biggest in the collection industry ", used the " online database called anywho to hunt for debtors ". they then summoned all those with the same name to court. judge dear called for a sanctions hearing, a formal process of penalizing pressler & pressler, for suing the wrong man without confirming the man's claims about his social security number and date of birth. judge dear also called for compensation for lost wages for the man wrongfully summoned and accused. in cases where the wrongfully accused does not respond to the debt collector's " civil court summons β even if wrongly identified β faces a default judgment and frozen bank accounts ". until judge dear's case, there were " few penalties against collectors for dragging the wrong people into court ". in april 2016, pressler and pressler's two principal partners, sheldon h. pressler and gerard j. felt and " new century financial services, inc., a debt buyer ", were ordered by the consumer financial protection bureau ( cfpb ) " to stop churning out unfair and deceptive debt collection lawsuits based on flimsy or nonexistent evidence ". they were also barred from " illegal practices that can deceive or intimidate consumers, such as filing lawsuits without determining if debts in question are valid ". the law firm, the partners themselves and the debt buyer were ordered to pay a total of $ 2. 5 million in fines to the cfpb's civil penalty fund. the respondents " violated the fair debt collection practices act and the dodd β frank wall street reform and consumer protection act, which prohibits unfair and deceptive acts or practices in the consumer financial marketplace ". = = = student loans = = = on may 28, 2015, three defendants β navient solutions inc. ( formerly known as sallie mae, inc. ), and navient de corporation ( formerly known as slm de corporation ), and sallie mae bank β were charged with violating the service members civil relief act ( scra ) from 2005 through 2015 by " failing to provide members of the military the 6 percent interest rate cap to which they were entitled for loans that were incurred before the military service began ". the defendants had to pay $ 60 million in compensation to the nearly 78, 000 military service members " who were forced to pay more for their student loans than is required under the scra ". navient was fined $ 55, 000 as a civil penalty pay
Answer:
|
Termination of the offer by Byer's having first contracted to buy lot 101.
| null |
On May 1, Ohner telegraphed Byer, "Will sell you any or all of the lots in Grover subdivision at $5,000 each. Details will follow in letter." The letter contained all the necessary details concerning terms of payment, insurance, mortgages, etc., and provided, "This offer remains open until June 1." On May 2, after he had received the telegram but before he had received the letter, Byer telegraphed Ohner, "Accept your offer with respect to lot 101." Both parties knew that there were 50 lots in the Grove subdivision and that they were numbered 101 through 150."For this question only, assume that on May 6 Byer telegraphed Ohner, "Will take the rest of the lots," and that on May 8 Ohner discovered that he did not have good title to the remaining lots. Which of the following would provide the best legal support for Ohner's contention that he was not liable for breach of contract as to the remaining 49 lots?
0. Impossibility of performance.
1. Unilateral mistake as to basic assumption.
2. Termination of the offer by Byer's having first contracted to buy lot 101.
3. Excuse by failure of an implied condition precedent.
a big boy letter is a pre - sale agreement in connection with a private sale of securities ( such as in a pipe transaction ) not to sue over non - disclosure of material inside information that is not disclosed, entered into between two sophisticated parties. big boy provisions may also be contained within securities purchase agreements, rather than being the subject of a separate letter agreement. generally, a seller's request that a buyer agree to a big boy letter is a signal to the sophisticated buyer that there is likely to be material non - public information that exists concerning a security, which could give rise to a lawsuit brought by the buyer if it was not disclosed, in the absence of the letter. = = controversy = = the legality of big boy letters themselves in the united states securities markets is a matter of dispute. this is because the primary lawsuit parties seek to avoid with such letters is one under the securities exchange act of 1934, which contains a provision, section 29 ( a ), that waivers of liability for securities fraud are void. the united states court of appeals for the second circuit, which includes the financial district of new york, has enforced agreements similar to big boy letters strictly against the buyer. the united states court of appeals for the third circuit, which includes delaware, which is the state of incorporation for many publicly held companies, has given greater weight to the anti - waiver provisions of the securities exchange act, although it has not completely ignored these agreements in considering all facts and circumstances of a transaction. as of 2008, commissioners and staff from the securities and exchange commission have expressed concern about the legal enforceability of big boy letters. two commissioners have stated that even if the letters provide a defense in private securities litigation, that they are not a defense in an sec enforcement action. even more controversial than the letters themselves is the practice of buying securities subject to a big boy letter and then reselling the securities to a third party without disclosing the existence of the " big boy letter. " this practice is the subject of ongoing litigation and debate among persons familiar with securities markets. some argue that there is no duty to disclose the existence of the letter, because the seller doesn't have any specific information. others argue that there is a duty to disclose the existence of a " big boy letter " because it strongly suggests that some material non - public information exists, even if the exact nature of that information is unknown, and that this practice, in effect, constitutes insider trading. = = references = = = = external links = = edwin david eshmoi
with regard to the company, which are claimed to be true at both the time of signing and the time of closing. sellers often attempt to craft their representations and warranties with knowledge qualifiers, dictating the level of knowledge applicable and which seller parties'knowledge is relevant. some agreements provide that if the representations and warranties by the seller prove to be false, the buyer may claim a refund of part of the purchase price, as is common in transactions involving privately held companies ( although in most acquisition agreements involving public company targets, the representations and warranties of the seller do not survive the closing ). representations regarding a target company's net working capital are a common source of post - closing disputes. covenants, which govern the conduct of the parties, both before the closing ( such as covenants that restrict the operations of the business between signing and closing ) and after the closing ( such as covenants regarding future income tax filings and tax liability or post - closing restrictions agreed to by the buyer and seller parties ). termination rights, which may be triggered by a breach of contract, a failure to satisfy certain conditions or the passage of a certain period of time without consummating the transaction, and fees and damages payable in case of a termination for certain events ( also known as breakup fees ). provisions relating to obtaining required shareholder approvals under state law and related sec filings required under federal law, if applicable, and terms related to the mechanics of the legal transactions to be consummated at closing ( such as the determination and allocation of the purchase price ) and post - closing adjustments ( such as adjustments after the final determination of working capital at closing or earnout payments payable to the sellers ), repayment of outstanding debt, and the treatment of outstanding shares, options and other equity interests ). an indemnification provision, which provides that an indemnitor will indemnify, defend, and hold harmless the indemnitee ( s ) for losses incurred by the indemnitees as a result of the indemnitor's breach of its contractual obligations in the purchase agreement following the closing of a deal, adjustments may be made to some of the provisions outlined in the purchase agreement, such as the purchase price. these adjustments are subject to enforceability issues in certain situations. alternatively, certain transactions use the'locked box'approach, where the purchase price is fixed at signing and based on the seller's equity value at a pre - signing date and an interest charge. =
% of the shares of another company. = = = = = tax consequence = = = = = the consummation of a tender offer resulting in payment to the shareholder is a taxable event triggering capital gains or losses, which may be long - term or short - term depending on the shareholder's holding period. = = see also = = bond tender offer bond exchange offer mini - tender offer mergers and acquisitions contract awarding list of largest mergers and acquisitions = = references = = sec faq on tender offers sec regulations governing tender offers david offenberg, christo a. pirinsky, " how do acquirers choose between mergers and tender offers? " journal of financial economics, 2015. j. fred weston, mark l. mitchell, j. harold mulherin, takeovers, restructuring, and corporate governance
honest hin. " = = = prohibition of monetary deception ( ona'at mamon ) = = = leviticus 25 : 14 teaches : " when you sell anything to your neighbor or buy anything from your neighbor, you shall not deceive one another. " the talmud ( bava metzia 49b and 50b ) and later codes ( rambam, mekhira, chapter 12 ) expand on this verse to create a series of specific laws prohibiting ona'ah, monetary deception. the prohibition is on the sale of an article at so much more, or to the purchase of an article at so much less, than its market value that fraud or the taking of an undue advantage is presumed. a discrepancy of one - sixth enables the wronged party to secure the cancelation of the sale or purchase ; that is, an article worth six money - units in the market may not be sold for seven or bought for five ( b. m. 49b ). it seems that overcharge by the merchant selling to the consumer was the most frequent instance in which the application of the rule was called for ; the claim had to be made as soon as the buyer had had an opportunity to show his purchase to a merchant or to one of his friends. it is said that r. tarfon taught at lydda that the discrepancy must amount to one - third to justify an action, whereupon the merchants rejoiced ; but when he extended the time for rescission to the whole day they demanded the restoration of the old rule. either seller or purchaser, whether merchant or one in private life, may make the complaint, notwithstanding the opinion to the contrary of r. judah ben ilai. the purchaser imposed upon may ask either for rescission of the transaction or for the return of the excess paid by him. in the case of changing money it was suggested that a lack in weight of even one in twelve should be sufficient ground for complaint, but the prevailing opinion fixed here also the ratio of one in six. within a great city the time for complaint extends until the money in question can be shown to a money - changer ; in villages, where no money - changer is to be found, until the eve of the sabbath, when the party deceived is apt to tender the coin in payment for his purchases. = = = prohibition of verbal deception ( ona'at devarim ) = = = leviticus 25 : 17 teaches : "
that pressler & pressler, " one of the biggest in the collection industry ", used the " online database called anywho to hunt for debtors ". they then summoned all those with the same name to court. judge dear called for a sanctions hearing, a formal process of penalizing pressler & pressler, for suing the wrong man without confirming the man's claims about his social security number and date of birth. judge dear also called for compensation for lost wages for the man wrongfully summoned and accused. in cases where the wrongfully accused does not respond to the debt collector's " civil court summons β even if wrongly identified β faces a default judgment and frozen bank accounts ". until judge dear's case, there were " few penalties against collectors for dragging the wrong people into court ". in april 2016, pressler and pressler's two principal partners, sheldon h. pressler and gerard j. felt and " new century financial services, inc., a debt buyer ", were ordered by the consumer financial protection bureau ( cfpb ) " to stop churning out unfair and deceptive debt collection lawsuits based on flimsy or nonexistent evidence ". they were also barred from " illegal practices that can deceive or intimidate consumers, such as filing lawsuits without determining if debts in question are valid ". the law firm, the partners themselves and the debt buyer were ordered to pay a total of $ 2. 5 million in fines to the cfpb's civil penalty fund. the respondents " violated the fair debt collection practices act and the dodd β frank wall street reform and consumer protection act, which prohibits unfair and deceptive acts or practices in the consumer financial marketplace ". = = = student loans = = = on may 28, 2015, three defendants β navient solutions inc. ( formerly known as sallie mae, inc. ), and navient de corporation ( formerly known as slm de corporation ), and sallie mae bank β were charged with violating the service members civil relief act ( scra ) from 2005 through 2015 by " failing to provide members of the military the 6 percent interest rate cap to which they were entitled for loans that were incurred before the military service began ". the defendants had to pay $ 60 million in compensation to the nearly 78, 000 military service members " who were forced to pay more for their student loans than is required under the scra ". navient was fined $ 55, 000 as a civil penalty pay
Answer:
|
Excuse by failure of an implied condition precedent.
| 0.3 |
Philip was a 10-year-old boy. Macco was a company that sold new and used machinery. Macco stored discarded machinery, pending sale for scrap, on a large vacant area it owned. This area was unfenced and was one-quarter mile from the housing development where Philip lived. Macco knew that children frequently played in the area and on the machinery. Philip's parents had directed him not to play on the machinery because it was dangerous. One day Philip was playing on a press in Macco's storage area. The press had several wheels, each geared to the next. Philip climbed on the largest wheel, which was about five feet in diameter. Philip's weight caused the wheel to rotate, his foot was caught between two wheels that were set in motion, and he was severely injured. A claim for relief was asserted by Philip through a duly appointed guardian. Macco denied liability and pleaded Philip's contributory fault as a defense. In determining whether Macco breached a duty to Philip, which of the following is the most significant?
0. Whether the press on which Philip was injured was visible from a public way.
1. Whether the maintenance of the area for the storage of discarded machinery was a private nuisance.
2. Whether the maintenance of the area for the storage of discarded machinery was a public nuisance.
3. Whether Macco could have eliminated the risk of harm without unduly interfering with Macco's normal operations
public liability is part of the law of tort which focuses on civil wrongs. an applicant ( the injured party ) usually sues the respondent ( the owner or occupier ) under common law based on negligence and / or damages. claims are usually successful when it can be shown that the owner / occupier was responsible for an injury, therefore they breached their duty of care. the duty of care is very complex, but in basic terms it is the standard by which one would expect to be treated whilst one is in the care of another. once a breach of duty of care has been established, an action brought in a common law court would most likely be successful. based on the injuries and the losses of the applicant, the court would award a financial compensation package. = = the law of insurance and public liability = = in the course of managing any property, one is obligated to comply with laws and statutes administered by government and municipal bodies. these bodies impose various liabilities, of which the property owner / manager should be aware. the most common examples of statute liability are in areas where an individual is required by law to effect insurance, e. g., workers'compensation and motor vehicle compulsory third party. property, hotel, and operations managers should become familiar with the various types of contracts involved in commercial and retail activities. these cover a wide field, but the more significant contracts are : the head lease or the management agreements tenancy and casual leasing agreements contracts with independent contractors for cleaning, lift and escalator maintenance, air conditioning and fire protection maintenance, etc. the major contractual liability from an insurance viewpoint is undoubtedly found in head lease and management agreements. these require the manager or head lessee to fully maintain, repair and replace the property, if damaged, until expiration of the agreement or lease. furthermore, the contracts usually require an indemnity to the owner against liabilities imposed upon the business for injuries and property damage arising out of the use, occupation, or management of the property. every contract contains covenants imposing responsibilities on one or other of the parties. these should be carefully examined to ensure they are not unduly onerous. a city even could be liable for damage to vehicles or injuries to a person, if they have not maintained the streets and the sidewalks well. = = degrees of duty of care = = owner / occupiers are required to provide a certain level of care. the duty of care is not the same for all people. it is dependent on a number
public liability is part of the law of tort which focuses on civil wrongs. an applicant ( the injured party ) usually sues the respondent ( the owner or occupier ) under common law based on negligence and / or damages. claims are usually successful when it can be shown that the owner / occupier was responsible for an injury, therefore they breached their duty of care. the duty of care is very complex, but in basic terms it is the standard by which one would expect to be treated whilst one is in the care of another. once a breach of duty of care has been established, an action brought in a common law court would most likely be successful. based on the injuries and the losses of the applicant, the court would award a financial compensation package. = = the law of insurance and public liability = = in the course of managing any property, one is obligated to comply with laws and statutes administered by government and municipal bodies. these bodies impose various liabilities, of which the property owner / manager should be aware. the most common examples of statute liability are in areas where an individual is required by law to effect insurance, e. g., workers'compensation and motor vehicle compulsory third party. property, hotel, and operations managers should become familiar with the various types of contracts involved in commercial and retail activities. these cover a wide field, but the more significant contracts are : the head lease or the management agreements tenancy and casual leasing agreements contracts with independent contractors for cleaning, lift and escalator maintenance, air conditioning and fire protection maintenance, etc. the major contractual liability from an insurance viewpoint is undoubtedly found in head lease and management agreements. these require the manager or head lessee to fully maintain, repair and replace the property, if damaged, until expiration of the agreement or lease. furthermore, the contracts usually require an indemnity to the owner against liabilities imposed upon the business for injuries and property damage arising out of the use, occupation, or management of the property. every contract contains covenants imposing responsibilities on one or other of the parties. these should be carefully examined to ensure they are not unduly onerous. a city even could be liable for damage to vehicles or injuries to a person, if they have not maintained the streets and the sidewalks well. = = degrees of duty of care = = owner / occupiers are required to provide a certain level of care. the duty of care is not the same for all people. it is dependent on a number
system, be aware of the hot components around the engine. workers should wear personal protective equipment such as safety spectacles, heat - proof gloves and safety boots. when a feller buncher is elevated for service or maintenance, falls from height might happen. related injuries could be avoided by ensuring dryness of all the walking surface, wiping any oils or other liquid substances on the floor. also, ensure the feller buncher is parked on a level and stable ground during maintenance. when getting in and out of the machinery, workers are suggested to use three point of contact with two hands holding the handrails and one foot on a step. it is also important to provide sufficient lighting for all the working sites at all time of service. = = safety = = logging is considered one of the most dangerous occupations. this is because many loggers are injured by the falling objects which are large in size and heavy. β struck by object β is the most common injuries that reported in the logging industry due to the manual use of equipment during the logging procedures. there is evidence that using mechanized harvesting equipment could reduce the rate of β struck by β injuries. one study indicates that total injury claims could be reduced by 14. 2 %, while the β struck by β injuries could be reduced by 8. 2 %, when comparing the changes before and after the use of feller buncher. the significant decline in the number of β struck by β injuries after using the feller buncher in the logging companies supported the statement that using mechanized harvesting equipment could lessen overall injuries. the evidence also found that the rate of injuries in the logging companies without using feller bunchers had increased slightly throughout a period of time, increasing from 14. 5 % to 17. 5 %, in five years. in terms of trees fatality, areas with lower levels of mechanization in harvesting resulted in higher rate of trees fatality. for instance, in eastern areas of the united states, research which compared the conventional and mechanized logging operations, indicated the number of injuries, when using the conventional approach, is three times greater than that of using the mechanized equipment such as a feller buncher. however, mechanized related injury could be raised accordingly, especially when performing machine maintenance or repair. these kinds of injuries could be serious and also costly. = = limitations = = feller buncher could be highly productive and cost - effective but there are several limitations. feller buncher is less beneficial when performing operations on a very rough and relatively steep land. for example, in appalachian
, pneumonia and bronchitis, eye infections, etc. the dangers are also physical : the poverty of the collectors does not usually allow them to have adequate protective equipment. people walking in flip - flops or even barefoot are exposed to cuts from sharp objects, infection from medical waste ( especially syringes ), animal bites and insect stings. the weight of the materials creates recurrent back problems. the instability of the waste increases the risk of fractures, the rise of toxic gases can trap a collector, and landslides can be fatal : 39 deaths in istanbul in 1993, more than 200 in manila in 2000 when waste collapsed, some 250 people evacuated in o portino ( spain ) in 1994. fires are common, both intentional and unintentional. health risks are also extended to the neighbourhood by animals feeding on the waste ( and serving as food for the inhabitants themselves ) and by the dispersal of waste. in addition, the lack of basic infrastructure, particularly latrines, leads many people to use the piles of waste as toilets, leading to increased contamination. this activity is sometimes considered illegal, in which case the collectors have to fear the police. but whether the activity is legal or not, the sector remains mostly informal and does not provide any social coverage, except for isolated initiatives in some slums to offer a minimum of protection during difficult times. given the high proportion of women and children in the sector ( especially street children, who are often orphans ), there is also a greater vulnerability to the risk of forced prostitution by dealers ( see also : child exploitation ). their position at the bottom of the social hierarchy sometimes makes them seen as criminals : in colombia, during the " social cleansing " campaigns of the paramilitary groups, waste collectors were considered " disposable " : 40 bodies were found in 1992, and it is estimated that around 2, 000 basuriegos were killed until 1994. as a result, their life expectancy is still lower than that of the rest of the population : those in mexico city have a life expectancy of 39 years compared to 67 years for the rest of the population. = = = vulnerability = = = like other slum dwellers and marginalised people, waste pickers are among the population most vulnerable to shocks : vulnerability to illness ( which does not allow one to earn a salary for several days in a row ), to natural and not - so - natural disasters ( such as fires ), to unforeseen expenses ( such as death or marriage ), to violence, etc. collectors
to plaintiff, the result of which injured plaintiff ; that defendant a knowingly and substantially assisted defendant b in breaching the duty ; and that defendant a was aware of its role in promoting the breach of duty at the time it provided assistance. = = united kingdom = = = = = england and wales = = = the accessories and abettors act 1861 provides that an accessory to an indictable offence shall be treated in the same way as if he had actually committed the offence himself. section 8 of the act, as amended, reads : whosoever shall aid, abet, counsel, or procure the commission of any indictable offence, whether the same be an offence at common law or by virtue of any act passed or to be passed, shall be liable to be tried, indicted, and punished as a principal offender. ( section 10 states that the act does not apply to scotland. ) section 44 ( 1 ) of the magistrates'courts act 1980 makes similar provision for summary offences. it says : a person who aids, abets, counsels or procures the commission by another person of a summary offence shall be guilty of the like offence and may be tried ( whether or not he is charged as a principal ) either by a court having jurisdiction to try that other person or by a court having by virtue of his own offence jurisdiction to try him. in the case of r v jogee, the supreme court of the united kingdom held in 2016 that an accessory can be guilty of the principal's crime only if the accessory intended to assist the principal to commit the crime while having the necessary mens rea to commit that crime. = = = = derek bentley case = = = = one of the most notorious cases of this type was the 1952 case in england involving derek bentley, a mentally challenged man who was in police custody when his sixteen - year - old companion, christopher craig, shot and killed a police constable during a botched break - in. craig was sentenced to be detained at her majesty's pleasure, since as a juvenile offender he could not be sentenced to death ( he was released after serving ten years ), but bentley was hanged despite popular protest. the incident was dramatized in the film let him have it, which is what bentley allegedly said to craig during the incident, which can be interpreted either as telling craig to shoot the policeman, or to give him the gun. the hanging of bentley led to public outrage and sparked the mp sydney silverman's campaign to abolish capital punishment in
Answer:
|
Whether Macco could have eliminated the risk of harm without unduly interfering with Macco's normal operations
| null |
Philip was a 10-year-old boy. Macco was a company that sold new and used machinery. Macco stored discarded machinery, pending sale for scrap, on a large vacant area it owned. This area was unfenced and was one-quarter mile from the housing development where Philip lived. Macco knew that children frequently played in the area and on the machinery. Philip's parents had directed him not to play on the machinery because it was dangerous. One day Philip was playing on a press in Macco's storage area. The press had several wheels, each geared to the next. Philip climbed on the largest wheel, which was about five feet in diameter. Philip's weight caused the wheel to rotate, his foot was caught between two wheels that were set in motion, and he was severely injured. A claim for relief was asserted by Philip through a duly appointed guardian. Macco denied liability and pleaded Philip's contributory fault as a defense. In determining whether Macco breached a duty to Philip, which of the following is the most significant?
0. Whether the press on which Philip was injured was visible from a public way.
1. Whether the maintenance of the area for the storage of discarded machinery was a private nuisance.
2. Whether the maintenance of the area for the storage of discarded machinery was a public nuisance.
3. Whether Macco could have eliminated the risk of harm without unduly interfering with Macco's normal operations
public liability is part of the law of tort which focuses on civil wrongs. an applicant ( the injured party ) usually sues the respondent ( the owner or occupier ) under common law based on negligence and / or damages. claims are usually successful when it can be shown that the owner / occupier was responsible for an injury, therefore they breached their duty of care. the duty of care is very complex, but in basic terms it is the standard by which one would expect to be treated whilst one is in the care of another. once a breach of duty of care has been established, an action brought in a common law court would most likely be successful. based on the injuries and the losses of the applicant, the court would award a financial compensation package. = = the law of insurance and public liability = = in the course of managing any property, one is obligated to comply with laws and statutes administered by government and municipal bodies. these bodies impose various liabilities, of which the property owner / manager should be aware. the most common examples of statute liability are in areas where an individual is required by law to effect insurance, e. g., workers'compensation and motor vehicle compulsory third party. property, hotel, and operations managers should become familiar with the various types of contracts involved in commercial and retail activities. these cover a wide field, but the more significant contracts are : the head lease or the management agreements tenancy and casual leasing agreements contracts with independent contractors for cleaning, lift and escalator maintenance, air conditioning and fire protection maintenance, etc. the major contractual liability from an insurance viewpoint is undoubtedly found in head lease and management agreements. these require the manager or head lessee to fully maintain, repair and replace the property, if damaged, until expiration of the agreement or lease. furthermore, the contracts usually require an indemnity to the owner against liabilities imposed upon the business for injuries and property damage arising out of the use, occupation, or management of the property. every contract contains covenants imposing responsibilities on one or other of the parties. these should be carefully examined to ensure they are not unduly onerous. a city even could be liable for damage to vehicles or injuries to a person, if they have not maintained the streets and the sidewalks well. = = degrees of duty of care = = owner / occupiers are required to provide a certain level of care. the duty of care is not the same for all people. it is dependent on a number
public liability is part of the law of tort which focuses on civil wrongs. an applicant ( the injured party ) usually sues the respondent ( the owner or occupier ) under common law based on negligence and / or damages. claims are usually successful when it can be shown that the owner / occupier was responsible for an injury, therefore they breached their duty of care. the duty of care is very complex, but in basic terms it is the standard by which one would expect to be treated whilst one is in the care of another. once a breach of duty of care has been established, an action brought in a common law court would most likely be successful. based on the injuries and the losses of the applicant, the court would award a financial compensation package. = = the law of insurance and public liability = = in the course of managing any property, one is obligated to comply with laws and statutes administered by government and municipal bodies. these bodies impose various liabilities, of which the property owner / manager should be aware. the most common examples of statute liability are in areas where an individual is required by law to effect insurance, e. g., workers'compensation and motor vehicle compulsory third party. property, hotel, and operations managers should become familiar with the various types of contracts involved in commercial and retail activities. these cover a wide field, but the more significant contracts are : the head lease or the management agreements tenancy and casual leasing agreements contracts with independent contractors for cleaning, lift and escalator maintenance, air conditioning and fire protection maintenance, etc. the major contractual liability from an insurance viewpoint is undoubtedly found in head lease and management agreements. these require the manager or head lessee to fully maintain, repair and replace the property, if damaged, until expiration of the agreement or lease. furthermore, the contracts usually require an indemnity to the owner against liabilities imposed upon the business for injuries and property damage arising out of the use, occupation, or management of the property. every contract contains covenants imposing responsibilities on one or other of the parties. these should be carefully examined to ensure they are not unduly onerous. a city even could be liable for damage to vehicles or injuries to a person, if they have not maintained the streets and the sidewalks well. = = degrees of duty of care = = owner / occupiers are required to provide a certain level of care. the duty of care is not the same for all people. it is dependent on a number
system, be aware of the hot components around the engine. workers should wear personal protective equipment such as safety spectacles, heat - proof gloves and safety boots. when a feller buncher is elevated for service or maintenance, falls from height might happen. related injuries could be avoided by ensuring dryness of all the walking surface, wiping any oils or other liquid substances on the floor. also, ensure the feller buncher is parked on a level and stable ground during maintenance. when getting in and out of the machinery, workers are suggested to use three point of contact with two hands holding the handrails and one foot on a step. it is also important to provide sufficient lighting for all the working sites at all time of service. = = safety = = logging is considered one of the most dangerous occupations. this is because many loggers are injured by the falling objects which are large in size and heavy. β struck by object β is the most common injuries that reported in the logging industry due to the manual use of equipment during the logging procedures. there is evidence that using mechanized harvesting equipment could reduce the rate of β struck by β injuries. one study indicates that total injury claims could be reduced by 14. 2 %, while the β struck by β injuries could be reduced by 8. 2 %, when comparing the changes before and after the use of feller buncher. the significant decline in the number of β struck by β injuries after using the feller buncher in the logging companies supported the statement that using mechanized harvesting equipment could lessen overall injuries. the evidence also found that the rate of injuries in the logging companies without using feller bunchers had increased slightly throughout a period of time, increasing from 14. 5 % to 17. 5 %, in five years. in terms of trees fatality, areas with lower levels of mechanization in harvesting resulted in higher rate of trees fatality. for instance, in eastern areas of the united states, research which compared the conventional and mechanized logging operations, indicated the number of injuries, when using the conventional approach, is three times greater than that of using the mechanized equipment such as a feller buncher. however, mechanized related injury could be raised accordingly, especially when performing machine maintenance or repair. these kinds of injuries could be serious and also costly. = = limitations = = feller buncher could be highly productive and cost - effective but there are several limitations. feller buncher is less beneficial when performing operations on a very rough and relatively steep land. for example, in appalachian
, pneumonia and bronchitis, eye infections, etc. the dangers are also physical : the poverty of the collectors does not usually allow them to have adequate protective equipment. people walking in flip - flops or even barefoot are exposed to cuts from sharp objects, infection from medical waste ( especially syringes ), animal bites and insect stings. the weight of the materials creates recurrent back problems. the instability of the waste increases the risk of fractures, the rise of toxic gases can trap a collector, and landslides can be fatal : 39 deaths in istanbul in 1993, more than 200 in manila in 2000 when waste collapsed, some 250 people evacuated in o portino ( spain ) in 1994. fires are common, both intentional and unintentional. health risks are also extended to the neighbourhood by animals feeding on the waste ( and serving as food for the inhabitants themselves ) and by the dispersal of waste. in addition, the lack of basic infrastructure, particularly latrines, leads many people to use the piles of waste as toilets, leading to increased contamination. this activity is sometimes considered illegal, in which case the collectors have to fear the police. but whether the activity is legal or not, the sector remains mostly informal and does not provide any social coverage, except for isolated initiatives in some slums to offer a minimum of protection during difficult times. given the high proportion of women and children in the sector ( especially street children, who are often orphans ), there is also a greater vulnerability to the risk of forced prostitution by dealers ( see also : child exploitation ). their position at the bottom of the social hierarchy sometimes makes them seen as criminals : in colombia, during the " social cleansing " campaigns of the paramilitary groups, waste collectors were considered " disposable " : 40 bodies were found in 1992, and it is estimated that around 2, 000 basuriegos were killed until 1994. as a result, their life expectancy is still lower than that of the rest of the population : those in mexico city have a life expectancy of 39 years compared to 67 years for the rest of the population. = = = vulnerability = = = like other slum dwellers and marginalised people, waste pickers are among the population most vulnerable to shocks : vulnerability to illness ( which does not allow one to earn a salary for several days in a row ), to natural and not - so - natural disasters ( such as fires ), to unforeseen expenses ( such as death or marriage ), to violence, etc. collectors
to plaintiff, the result of which injured plaintiff ; that defendant a knowingly and substantially assisted defendant b in breaching the duty ; and that defendant a was aware of its role in promoting the breach of duty at the time it provided assistance. = = united kingdom = = = = = england and wales = = = the accessories and abettors act 1861 provides that an accessory to an indictable offence shall be treated in the same way as if he had actually committed the offence himself. section 8 of the act, as amended, reads : whosoever shall aid, abet, counsel, or procure the commission of any indictable offence, whether the same be an offence at common law or by virtue of any act passed or to be passed, shall be liable to be tried, indicted, and punished as a principal offender. ( section 10 states that the act does not apply to scotland. ) section 44 ( 1 ) of the magistrates'courts act 1980 makes similar provision for summary offences. it says : a person who aids, abets, counsels or procures the commission by another person of a summary offence shall be guilty of the like offence and may be tried ( whether or not he is charged as a principal ) either by a court having jurisdiction to try that other person or by a court having by virtue of his own offence jurisdiction to try him. in the case of r v jogee, the supreme court of the united kingdom held in 2016 that an accessory can be guilty of the principal's crime only if the accessory intended to assist the principal to commit the crime while having the necessary mens rea to commit that crime. = = = = derek bentley case = = = = one of the most notorious cases of this type was the 1952 case in england involving derek bentley, a mentally challenged man who was in police custody when his sixteen - year - old companion, christopher craig, shot and killed a police constable during a botched break - in. craig was sentenced to be detained at her majesty's pleasure, since as a juvenile offender he could not be sentenced to death ( he was released after serving ten years ), but bentley was hanged despite popular protest. the incident was dramatized in the film let him have it, which is what bentley allegedly said to craig during the incident, which can be interpreted either as telling craig to shoot the policeman, or to give him the gun. the hanging of bentley led to public outrage and sparked the mp sydney silverman's campaign to abolish capital punishment in
Answer:
|
Whether the maintenance of the area for the storage of discarded machinery was a public nuisance.
| 0.3 |
Si was in the act of siphoning gasoline from Neighbor's car in Neighbor's garage and without his consent when the gasoline exploded and a fire followed. Rescuer, seeing the fire, grabbed a fire extinguisher from his car and put out the fire, saving Si's life and Neighbor's car and garage. In doing so, Rescuer was badly burned.If Rescuer asserts a claim against Si for personal injuries, Rescuer will
0. prevail, because he saved Si's life.
1. prevail, because Si was at fault in causing the fire.
2. not prevail, because Rescuer knowingly assumed the risk.
3. not prevail, because Rescuer's action was not a foreseeable consequence of Si's conduct
the precautionary principle ( or precautionary approach ) is a broad epistemological, philosophical and legal approach to innovations with potential for causing harm when extensive scientific knowledge on the matter is lacking. it emphasizes caution, pausing and review before leaping into new innovations that may prove disastrous. critics argue that it is vague, self - cancelling, unscientific and an obstacle to progress. in an engineering context, the precautionary principle manifests itself as the factor of safety. it was apparently suggested, in civil engineering, by belidor in 1729. interrelation between safety factor and reliability is extensively studied by engineers and philosophers. the principle is often used by policy makers in situations where there is the possibility of harm from making a certain decision ( e. g. taking a particular course of action ) and conclusive evidence is not yet available. for example, a government may decide to limit or restrict the widespread release of a medicine or new technology until it has been thoroughly tested. the principle acknowledges that while the progress of science and technology has often brought great benefit to humanity, it has also contributed to the creation of new threats and risks. it implies that there is a social responsibility to protect the public from exposure to such harm, when scientific investigation has found a plausible risk. these protections should be relaxed only if further scientific findings emerge that provide sound evidence that no harm will result. the principle has become an underlying rationale for a large and increasing number of international treaties and declarations in the fields of sustainable development, environmental protection, health, trade, and food safety, although at times it has attracted debate over how to accurately define it and apply it to complex scenarios with multiple risks. in some legal systems, as in law of the european union, the application of the precautionary principle has been made a statutory requirement in some areas of law. = = origins and theory = = the concept " precautionary principle " is generally considered to have arisen in english from a translation of the german term vorsorgeprinzip in the 1970s in response to forest degradation and sea pollution, where german lawmakers adopted clean air act banning use of certain substances suspected in causing the environmental damage even though evidence of their impact was inconclusive at that time. the concept was introduced into environmental legislation along with other innovative ( at that time ) mechanisms such as " polluter pays ", principle of pollution prevention and responsibility for survival of future ecosystems. the precautionary principle was promulgated in
##ale ( e - book reprint ) [ the idea of precaution in tort law. analysis of a concept against the backdrop of the tainted - blood litigation ], unitn e - prints, 2007, first edition padua, cedam 2004. free online pdf better safe than sorry : applying philosophical methods to the debate on risk and the precautionary principle communication from the european commission on the precautionary principle uk interdepartmental liaison group on risk assessment ( ilgra ) : the precautionary principle : policy and application [ 5 ] report of unesco's group of experts on the precautionary principle ( 2005 ) [ 6 ] max more ( 2010 ), the perils of precaution archived 6 november 2010 at the wayback machine
regret losses more than they enjoy equivalent gains. in the baby jessica example above, the death of jessica if she had not been rescued would have been a tragic loss, but the children's lives that might have been saved through preventative health care were framed as gains. the decision to help an identified victim is made ex post, after the victim is in danger, but the decision to save a statistical victim is often made ex ante, to prevent danger to the individual. people may feel a responsibility to an actual identified victim but not to a possible victim of a future tragedy that might not occur. this explanation is closest to what thomas schelling implied in his now - famous paper. jenni and loewenstein ( 1997 ) did not find evidence that ex post vs ex ante evaluation contributes to the identifiable victim effect, but small and lowenstein ( 2003 ) did. indeed, researchers have generally found that identified victims are more likely to be helped than statistical ones. for example, small, loewenstein, and slovic found that subjects donated much more money to help a single starving girl named rokia than to relieve a famine described statistically. = = relation to other cognitive biases = = the identifiable victim effect is a special case of a more general phenomenon : people respond to stories more readily than to facts. kubin et al found that people have more respect for their political opponents'opinions when their opponents support their opinions with personal experiences rather than facts. in keeping with the literature on the identifiable victim effect, they found that personal experiences involving harm are particularly effective. the preference for helping a single individual rather than a group is sometimes called the singularity effect. indifference to the number of individuals helped is called scope neglect or scope insensitivity. the identifiable victim effect has a mirror image that is sometimes called the identifiable perpetrator effect. research has shown that individuals are more inclined to mete out punishment, even at their own expense, when they are punishing a specific, identified perpetrator. they also exert more severe punishments and express stronger feelings of blame and anger. even when the perpetrator is identified only by a number, subjects are more inclined to punish if they know the perpetrator β s number when they decide whether to punish than if they learn the number later. this effect has also been called the β goldstein effect, β after the fictional emmanuel goldstein, who was vilified as the supposed enemy of the state in george orwell β s dystopian novel 1984. these two effects,
tank loss of containment resulting in a fire is a process safety event, while a fall from height occurring while inspecting the tank is an osh event. although they may result in far higher impact to people, assets and the environment, process safety accidents are significantly less frequent than osh events, with the latter account for the majority of workplace fatalities. however, the impact of a single major process safety event on such aspects as regional environmental resources, company reputation, or the societal perception of the chemical and process industries, can be very considerable and is usually given prominent visibility in the media. the pivotal step in a process safety accident, around which a chain of accident causation and escalation can be built ( including preventative and control / mitigative safety barriers ), is generally the loss of containment of a hazardous material. it is this occurrence that frees the chemical energy available for the harmful consequences to materialize. inadequate isolation, overflow, runaway or unplanned chemical reaction, defective equipment, human error, procedural violation, inadequate procedures, blockage, corrosion, degradation of material properties, excessive mechanical stress, fatigue, vibration, overpressure, and incorrect installation are the usual proximate causes for such loss of containment. if the material is flammable and encounters a source of ignition, a fire will take place. under particular conditions, such as local congestion ( e. g., arising from structures and piping in the area where the release occurred or the flammable gas cloud migrated ), the flame front of a flammable gas cloud can accelerate and transition to an explosion, which can cause overpressure damage to nearby equipment and structures and harm to people. if the released chemical is a toxic gas or a liquid whose vapors are toxic, then a toxic gas cloud occurs, which may harm or kill people locally at the release source or remotely, if its size and the atmospheric conditions do not immediately result in its dilution to below hazardous concentration thresholds. fires, explosions, and toxic clouds are the main types of accidents with which process safety is concerned. in the domain of offshore oil and gas extraction, production, and subsea pipelines, the discipline of process safety is sometimes understood to extend to major accidents not directly associated with hazardous materials processing, storage, or transport. in this context, the potential for accidents such as ship collisions against oil platforms, loss of fpso hull stability, or crew transportation accidents ( such as from helicopter or boating events ), is analyzed and managed with tools typical of
principle... decisions should be guided by : ( i ) careful evaluation to avoid, wherever practicable, serious or irreversible damage to the environment ; and ( ii ) an assessment of risk - weighted consequence of various options ". the most significant points of justice preston's decision are the following findings : the principle and accompanying need to take precautionary measures is " triggered " when two prior conditions exist : a threat of serious or irreversible damage, and scientific uncertainty as to the extent of possible damage. once both are satisfied, " a proportionate precautionary measure may be taken to avert the anticipated threat of environmental damage, but it should be proportionate. " the threat of serious or irreversible damage should invoke consideration of five factors : the scale of threat ( local, regional etc. ) ; the perceived value of the threatened environment ; whether the possible impacts are manageable ; the level of public concern, and whether there is a rational or scientific basis for the concern. the consideration of the level of scientific uncertainty should involve factors which may include : what would constitute sufficient evidence ; the level and kind of uncertainty ; and the potential to reduce uncertainty. the principle shifts the burden of proof. if the principle applies, the burden shifts : " a decision maker must assume the threat of serious or irreversible environmental damage is... a reality [ and ] the burden of showing this threat... is negligible reverts to the proponent... " the precautionary principle invokes preventative action : " the principle permits the taking of preventative measures without having to wait until the reality and seriousness of the threat become fully known ". " the precautionary principle should not be used to try to avoid all risks. " the precautionary measures appropriate will depend on the combined effect of " the degree of seriousness and irreversibility of the threat and the degree of uncertainty... the more significant and uncertain the threat, the greater... the precaution required ". "... measures should be adopted... proportionate to the potential threats ". = = = = philippines = = = = a petition filed 17 may 2013 by environmental group greenpeace southeast asia and farmer - scientist coalition masipag ( magsasaka at siyentipiko sa pagpapaunlad ng agrikultura ) asked the appellate court to stop the planting of bt eggplant in test fields
Answer:
|
prevail, because Si was at fault in causing the fire.
| null |
Si was in the act of siphoning gasoline from Neighbor's car in Neighbor's garage and without his consent when the gasoline exploded and a fire followed. Rescuer, seeing the fire, grabbed a fire extinguisher from his car and put out the fire, saving Si's life and Neighbor's car and garage. In doing so, Rescuer was badly burned.If Rescuer asserts a claim against Si for personal injuries, Rescuer will
0. prevail, because he saved Si's life.
1. prevail, because Si was at fault in causing the fire.
2. not prevail, because Rescuer knowingly assumed the risk.
3. not prevail, because Rescuer's action was not a foreseeable consequence of Si's conduct
the precautionary principle ( or precautionary approach ) is a broad epistemological, philosophical and legal approach to innovations with potential for causing harm when extensive scientific knowledge on the matter is lacking. it emphasizes caution, pausing and review before leaping into new innovations that may prove disastrous. critics argue that it is vague, self - cancelling, unscientific and an obstacle to progress. in an engineering context, the precautionary principle manifests itself as the factor of safety. it was apparently suggested, in civil engineering, by belidor in 1729. interrelation between safety factor and reliability is extensively studied by engineers and philosophers. the principle is often used by policy makers in situations where there is the possibility of harm from making a certain decision ( e. g. taking a particular course of action ) and conclusive evidence is not yet available. for example, a government may decide to limit or restrict the widespread release of a medicine or new technology until it has been thoroughly tested. the principle acknowledges that while the progress of science and technology has often brought great benefit to humanity, it has also contributed to the creation of new threats and risks. it implies that there is a social responsibility to protect the public from exposure to such harm, when scientific investigation has found a plausible risk. these protections should be relaxed only if further scientific findings emerge that provide sound evidence that no harm will result. the principle has become an underlying rationale for a large and increasing number of international treaties and declarations in the fields of sustainable development, environmental protection, health, trade, and food safety, although at times it has attracted debate over how to accurately define it and apply it to complex scenarios with multiple risks. in some legal systems, as in law of the european union, the application of the precautionary principle has been made a statutory requirement in some areas of law. = = origins and theory = = the concept " precautionary principle " is generally considered to have arisen in english from a translation of the german term vorsorgeprinzip in the 1970s in response to forest degradation and sea pollution, where german lawmakers adopted clean air act banning use of certain substances suspected in causing the environmental damage even though evidence of their impact was inconclusive at that time. the concept was introduced into environmental legislation along with other innovative ( at that time ) mechanisms such as " polluter pays ", principle of pollution prevention and responsibility for survival of future ecosystems. the precautionary principle was promulgated in
##ale ( e - book reprint ) [ the idea of precaution in tort law. analysis of a concept against the backdrop of the tainted - blood litigation ], unitn e - prints, 2007, first edition padua, cedam 2004. free online pdf better safe than sorry : applying philosophical methods to the debate on risk and the precautionary principle communication from the european commission on the precautionary principle uk interdepartmental liaison group on risk assessment ( ilgra ) : the precautionary principle : policy and application [ 5 ] report of unesco's group of experts on the precautionary principle ( 2005 ) [ 6 ] max more ( 2010 ), the perils of precaution archived 6 november 2010 at the wayback machine
regret losses more than they enjoy equivalent gains. in the baby jessica example above, the death of jessica if she had not been rescued would have been a tragic loss, but the children's lives that might have been saved through preventative health care were framed as gains. the decision to help an identified victim is made ex post, after the victim is in danger, but the decision to save a statistical victim is often made ex ante, to prevent danger to the individual. people may feel a responsibility to an actual identified victim but not to a possible victim of a future tragedy that might not occur. this explanation is closest to what thomas schelling implied in his now - famous paper. jenni and loewenstein ( 1997 ) did not find evidence that ex post vs ex ante evaluation contributes to the identifiable victim effect, but small and lowenstein ( 2003 ) did. indeed, researchers have generally found that identified victims are more likely to be helped than statistical ones. for example, small, loewenstein, and slovic found that subjects donated much more money to help a single starving girl named rokia than to relieve a famine described statistically. = = relation to other cognitive biases = = the identifiable victim effect is a special case of a more general phenomenon : people respond to stories more readily than to facts. kubin et al found that people have more respect for their political opponents'opinions when their opponents support their opinions with personal experiences rather than facts. in keeping with the literature on the identifiable victim effect, they found that personal experiences involving harm are particularly effective. the preference for helping a single individual rather than a group is sometimes called the singularity effect. indifference to the number of individuals helped is called scope neglect or scope insensitivity. the identifiable victim effect has a mirror image that is sometimes called the identifiable perpetrator effect. research has shown that individuals are more inclined to mete out punishment, even at their own expense, when they are punishing a specific, identified perpetrator. they also exert more severe punishments and express stronger feelings of blame and anger. even when the perpetrator is identified only by a number, subjects are more inclined to punish if they know the perpetrator β s number when they decide whether to punish than if they learn the number later. this effect has also been called the β goldstein effect, β after the fictional emmanuel goldstein, who was vilified as the supposed enemy of the state in george orwell β s dystopian novel 1984. these two effects,
tank loss of containment resulting in a fire is a process safety event, while a fall from height occurring while inspecting the tank is an osh event. although they may result in far higher impact to people, assets and the environment, process safety accidents are significantly less frequent than osh events, with the latter account for the majority of workplace fatalities. however, the impact of a single major process safety event on such aspects as regional environmental resources, company reputation, or the societal perception of the chemical and process industries, can be very considerable and is usually given prominent visibility in the media. the pivotal step in a process safety accident, around which a chain of accident causation and escalation can be built ( including preventative and control / mitigative safety barriers ), is generally the loss of containment of a hazardous material. it is this occurrence that frees the chemical energy available for the harmful consequences to materialize. inadequate isolation, overflow, runaway or unplanned chemical reaction, defective equipment, human error, procedural violation, inadequate procedures, blockage, corrosion, degradation of material properties, excessive mechanical stress, fatigue, vibration, overpressure, and incorrect installation are the usual proximate causes for such loss of containment. if the material is flammable and encounters a source of ignition, a fire will take place. under particular conditions, such as local congestion ( e. g., arising from structures and piping in the area where the release occurred or the flammable gas cloud migrated ), the flame front of a flammable gas cloud can accelerate and transition to an explosion, which can cause overpressure damage to nearby equipment and structures and harm to people. if the released chemical is a toxic gas or a liquid whose vapors are toxic, then a toxic gas cloud occurs, which may harm or kill people locally at the release source or remotely, if its size and the atmospheric conditions do not immediately result in its dilution to below hazardous concentration thresholds. fires, explosions, and toxic clouds are the main types of accidents with which process safety is concerned. in the domain of offshore oil and gas extraction, production, and subsea pipelines, the discipline of process safety is sometimes understood to extend to major accidents not directly associated with hazardous materials processing, storage, or transport. in this context, the potential for accidents such as ship collisions against oil platforms, loss of fpso hull stability, or crew transportation accidents ( such as from helicopter or boating events ), is analyzed and managed with tools typical of
principle... decisions should be guided by : ( i ) careful evaluation to avoid, wherever practicable, serious or irreversible damage to the environment ; and ( ii ) an assessment of risk - weighted consequence of various options ". the most significant points of justice preston's decision are the following findings : the principle and accompanying need to take precautionary measures is " triggered " when two prior conditions exist : a threat of serious or irreversible damage, and scientific uncertainty as to the extent of possible damage. once both are satisfied, " a proportionate precautionary measure may be taken to avert the anticipated threat of environmental damage, but it should be proportionate. " the threat of serious or irreversible damage should invoke consideration of five factors : the scale of threat ( local, regional etc. ) ; the perceived value of the threatened environment ; whether the possible impacts are manageable ; the level of public concern, and whether there is a rational or scientific basis for the concern. the consideration of the level of scientific uncertainty should involve factors which may include : what would constitute sufficient evidence ; the level and kind of uncertainty ; and the potential to reduce uncertainty. the principle shifts the burden of proof. if the principle applies, the burden shifts : " a decision maker must assume the threat of serious or irreversible environmental damage is... a reality [ and ] the burden of showing this threat... is negligible reverts to the proponent... " the precautionary principle invokes preventative action : " the principle permits the taking of preventative measures without having to wait until the reality and seriousness of the threat become fully known ". " the precautionary principle should not be used to try to avoid all risks. " the precautionary measures appropriate will depend on the combined effect of " the degree of seriousness and irreversibility of the threat and the degree of uncertainty... the more significant and uncertain the threat, the greater... the precaution required ". "... measures should be adopted... proportionate to the potential threats ". = = = = philippines = = = = a petition filed 17 may 2013 by environmental group greenpeace southeast asia and farmer - scientist coalition masipag ( magsasaka at siyentipiko sa pagpapaunlad ng agrikultura ) asked the appellate court to stop the planting of bt eggplant in test fields
Answer:
|
prevail, because he saved Si's life.
| 0.3 |
Si was in the act of siphoning gasoline from Neighbor's car in Neighbor's garage and without his consent when the gasoline exploded and a fire followed. Rescuer, seeing the fire, grabbed a fire extinguisher from his car and put out the fire, saving Si's life and Neighbor's car and garage. In doing so, Rescuer was badly burned.If Rescuer asserts a claim against Neighbor for personal injuries, Rescuer will
0. prevail, because he saved Neighbor's property.
1. prevail, because he acted reasonably in an emergency.
2. not prevail, because Neighbor was not at fault.
3. not prevail, because Rescuer knowingly assumed the risk
##ale ( e - book reprint ) [ the idea of precaution in tort law. analysis of a concept against the backdrop of the tainted - blood litigation ], unitn e - prints, 2007, first edition padua, cedam 2004. free online pdf better safe than sorry : applying philosophical methods to the debate on risk and the precautionary principle communication from the european commission on the precautionary principle uk interdepartmental liaison group on risk assessment ( ilgra ) : the precautionary principle : policy and application [ 5 ] report of unesco's group of experts on the precautionary principle ( 2005 ) [ 6 ] max more ( 2010 ), the perils of precaution archived 6 november 2010 at the wayback machine
the precautionary principle ( or precautionary approach ) is a broad epistemological, philosophical and legal approach to innovations with potential for causing harm when extensive scientific knowledge on the matter is lacking. it emphasizes caution, pausing and review before leaping into new innovations that may prove disastrous. critics argue that it is vague, self - cancelling, unscientific and an obstacle to progress. in an engineering context, the precautionary principle manifests itself as the factor of safety. it was apparently suggested, in civil engineering, by belidor in 1729. interrelation between safety factor and reliability is extensively studied by engineers and philosophers. the principle is often used by policy makers in situations where there is the possibility of harm from making a certain decision ( e. g. taking a particular course of action ) and conclusive evidence is not yet available. for example, a government may decide to limit or restrict the widespread release of a medicine or new technology until it has been thoroughly tested. the principle acknowledges that while the progress of science and technology has often brought great benefit to humanity, it has also contributed to the creation of new threats and risks. it implies that there is a social responsibility to protect the public from exposure to such harm, when scientific investigation has found a plausible risk. these protections should be relaxed only if further scientific findings emerge that provide sound evidence that no harm will result. the principle has become an underlying rationale for a large and increasing number of international treaties and declarations in the fields of sustainable development, environmental protection, health, trade, and food safety, although at times it has attracted debate over how to accurately define it and apply it to complex scenarios with multiple risks. in some legal systems, as in law of the european union, the application of the precautionary principle has been made a statutory requirement in some areas of law. = = origins and theory = = the concept " precautionary principle " is generally considered to have arisen in english from a translation of the german term vorsorgeprinzip in the 1970s in response to forest degradation and sea pollution, where german lawmakers adopted clean air act banning use of certain substances suspected in causing the environmental damage even though evidence of their impact was inconclusive at that time. the concept was introduced into environmental legislation along with other innovative ( at that time ) mechanisms such as " polluter pays ", principle of pollution prevention and responsibility for survival of future ecosystems. the precautionary principle was promulgated in
principle... decisions should be guided by : ( i ) careful evaluation to avoid, wherever practicable, serious or irreversible damage to the environment ; and ( ii ) an assessment of risk - weighted consequence of various options ". the most significant points of justice preston's decision are the following findings : the principle and accompanying need to take precautionary measures is " triggered " when two prior conditions exist : a threat of serious or irreversible damage, and scientific uncertainty as to the extent of possible damage. once both are satisfied, " a proportionate precautionary measure may be taken to avert the anticipated threat of environmental damage, but it should be proportionate. " the threat of serious or irreversible damage should invoke consideration of five factors : the scale of threat ( local, regional etc. ) ; the perceived value of the threatened environment ; whether the possible impacts are manageable ; the level of public concern, and whether there is a rational or scientific basis for the concern. the consideration of the level of scientific uncertainty should involve factors which may include : what would constitute sufficient evidence ; the level and kind of uncertainty ; and the potential to reduce uncertainty. the principle shifts the burden of proof. if the principle applies, the burden shifts : " a decision maker must assume the threat of serious or irreversible environmental damage is... a reality [ and ] the burden of showing this threat... is negligible reverts to the proponent... " the precautionary principle invokes preventative action : " the principle permits the taking of preventative measures without having to wait until the reality and seriousness of the threat become fully known ". " the precautionary principle should not be used to try to avoid all risks. " the precautionary measures appropriate will depend on the combined effect of " the degree of seriousness and irreversibility of the threat and the degree of uncertainty... the more significant and uncertain the threat, the greater... the precaution required ". "... measures should be adopted... proportionate to the potential threats ". = = = = philippines = = = = a petition filed 17 may 2013 by environmental group greenpeace southeast asia and farmer - scientist coalition masipag ( magsasaka at siyentipiko sa pagpapaunlad ng agrikultura ) asked the appellate court to stop the planting of bt eggplant in test fields
: 34 an expression of a need by decision - makers to anticipate harm before it occurs. within this element lies an implicit reversal of the onus of proof : under the precautionary principle it is the responsibility of an activity - proponent to establish that the proposed activity will not ( or is very unlikely to ) result in significant harm. the concept of proportionality of the risk and the cost and feasibility of a proposed action. one of the primary foundations of the precautionary principle, and globally accepted definitions, results from the work of the rio conference, or " earth summit " in 1992. principle 15 of the rio declaration notes : in order to protect the environment, the precautionary approach shall be widely applied by states according to their capabilities. where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost - effective measures to prevent environmental degradation. in 1998, the wingspread conference on the precautionary principle was convened by the science and environmental health network and concluded with the following formulation, described by stewart brand as " the clearest and most frequently cited " : when an activity raises threats of harm to human health or the environment, precautionary measures should be taken even if some cause and effect relationships are not fully established scientifically. in this context the proponent of an activity, rather than the public, should bear the burden of proof. in february 2000, the commission of the european communities noted in a communication from the commission on the precautionary principle that " the precautionary principle is not defined in the treaties of the european union, which prescribes it [ the precautionary principle ] only once β to protect the environment. but in practice, its scope is much wider, and specifically where preliminary - objective - scientific - evaluation indicates that there are reasonable grounds for concern that potentially dangerous effects on the environment, human, animal or [ and ] plant health may be inconsistent with the high level of protection [ for what ] chosen for the community. " : 10 the january 2000 cartagena protocol on biosafety says, in regard to controversies over gmos : " lack of scientific certainty due to insufficient relevant scientific information... shall not prevent the party of [ i ] mport, in order to avoid or minimize such potential adverse effects, from taking a decision, as appropriate, with regard to the import of the living modified organism in question. " : 6 pope francis makes
) that the mother rescued herself. her husband did not survive. their family cat was later found wandering near the collapsed building. at least 35 people were rescued on june 24 and up to 159 were unaccounted for. a woman's voice was heard until around 11 : 00 a. m., but rescuers were unable to reach her. miami - dade county mayor daniella levine cava signed a state of emergency declaration at 4 : 33 p. m. on june 24 and called on florida governor ron desantis to do so at the state level. governor desantis viewed the site on the same day, and issued a state of emergency. the white house and federal emergency management agency stated that they were in contact with local officials and providing assistance. president joe biden was briefed on the event, and spoke with miami - dade county mayor levine cava. two fema urban search and rescue task force teams, urban search and rescue florida task force 1 based in the miami - dade fire rescue and urban search and rescue florida task force 2 based in the miami fire - rescue department, were activated. an additional three teams, one in ohio and two in virginia, were put on standby. members of hatzalah of south florida, a jewish faith - based ambulance service which was authorized to transport patients as part of a law signed the previous week in surfside, were among the first to respond, setting up an onsite triage station. israel offered clothes, medication, food, water, and other aid to the victims of the collapse, according to israeli consul general maor elbaz - starinsky, who came to the scene and conveyed an official offer from the israeli government to send the israel defense forces'home front command search and rescue team to assist in the rescue efforts. the command has assisted in many other disasters, such as the 2017 puebla earthquake, 2010 haitian earthquake, and typhoon haiyan. israel's president reuven rivlin, prime minister naftali bennett and foreign minister yair lapid offered condolences and support. a unit specializing in providing psychological and emotional stabilization following traumatic incidents was dispatched from united hatzalah. at least 35 of those missing were jewish. the national basketball association's miami heat staff handed out water and snacks to state emergency workers. world central kitchen and direct relief, both of which are beneficiaries of the heat's charitable arm, were also helping. american red cross volunteers assisted people displaced by the collapse. on june 25, mayor
Answer:
|
not prevail, because Neighbor was not at fault.
| null |
Si was in the act of siphoning gasoline from Neighbor's car in Neighbor's garage and without his consent when the gasoline exploded and a fire followed. Rescuer, seeing the fire, grabbed a fire extinguisher from his car and put out the fire, saving Si's life and Neighbor's car and garage. In doing so, Rescuer was badly burned.If Rescuer asserts a claim against Neighbor for personal injuries, Rescuer will
0. prevail, because he saved Neighbor's property.
1. prevail, because he acted reasonably in an emergency.
2. not prevail, because Neighbor was not at fault.
3. not prevail, because Rescuer knowingly assumed the risk
##ale ( e - book reprint ) [ the idea of precaution in tort law. analysis of a concept against the backdrop of the tainted - blood litigation ], unitn e - prints, 2007, first edition padua, cedam 2004. free online pdf better safe than sorry : applying philosophical methods to the debate on risk and the precautionary principle communication from the european commission on the precautionary principle uk interdepartmental liaison group on risk assessment ( ilgra ) : the precautionary principle : policy and application [ 5 ] report of unesco's group of experts on the precautionary principle ( 2005 ) [ 6 ] max more ( 2010 ), the perils of precaution archived 6 november 2010 at the wayback machine
the precautionary principle ( or precautionary approach ) is a broad epistemological, philosophical and legal approach to innovations with potential for causing harm when extensive scientific knowledge on the matter is lacking. it emphasizes caution, pausing and review before leaping into new innovations that may prove disastrous. critics argue that it is vague, self - cancelling, unscientific and an obstacle to progress. in an engineering context, the precautionary principle manifests itself as the factor of safety. it was apparently suggested, in civil engineering, by belidor in 1729. interrelation between safety factor and reliability is extensively studied by engineers and philosophers. the principle is often used by policy makers in situations where there is the possibility of harm from making a certain decision ( e. g. taking a particular course of action ) and conclusive evidence is not yet available. for example, a government may decide to limit or restrict the widespread release of a medicine or new technology until it has been thoroughly tested. the principle acknowledges that while the progress of science and technology has often brought great benefit to humanity, it has also contributed to the creation of new threats and risks. it implies that there is a social responsibility to protect the public from exposure to such harm, when scientific investigation has found a plausible risk. these protections should be relaxed only if further scientific findings emerge that provide sound evidence that no harm will result. the principle has become an underlying rationale for a large and increasing number of international treaties and declarations in the fields of sustainable development, environmental protection, health, trade, and food safety, although at times it has attracted debate over how to accurately define it and apply it to complex scenarios with multiple risks. in some legal systems, as in law of the european union, the application of the precautionary principle has been made a statutory requirement in some areas of law. = = origins and theory = = the concept " precautionary principle " is generally considered to have arisen in english from a translation of the german term vorsorgeprinzip in the 1970s in response to forest degradation and sea pollution, where german lawmakers adopted clean air act banning use of certain substances suspected in causing the environmental damage even though evidence of their impact was inconclusive at that time. the concept was introduced into environmental legislation along with other innovative ( at that time ) mechanisms such as " polluter pays ", principle of pollution prevention and responsibility for survival of future ecosystems. the precautionary principle was promulgated in
principle... decisions should be guided by : ( i ) careful evaluation to avoid, wherever practicable, serious or irreversible damage to the environment ; and ( ii ) an assessment of risk - weighted consequence of various options ". the most significant points of justice preston's decision are the following findings : the principle and accompanying need to take precautionary measures is " triggered " when two prior conditions exist : a threat of serious or irreversible damage, and scientific uncertainty as to the extent of possible damage. once both are satisfied, " a proportionate precautionary measure may be taken to avert the anticipated threat of environmental damage, but it should be proportionate. " the threat of serious or irreversible damage should invoke consideration of five factors : the scale of threat ( local, regional etc. ) ; the perceived value of the threatened environment ; whether the possible impacts are manageable ; the level of public concern, and whether there is a rational or scientific basis for the concern. the consideration of the level of scientific uncertainty should involve factors which may include : what would constitute sufficient evidence ; the level and kind of uncertainty ; and the potential to reduce uncertainty. the principle shifts the burden of proof. if the principle applies, the burden shifts : " a decision maker must assume the threat of serious or irreversible environmental damage is... a reality [ and ] the burden of showing this threat... is negligible reverts to the proponent... " the precautionary principle invokes preventative action : " the principle permits the taking of preventative measures without having to wait until the reality and seriousness of the threat become fully known ". " the precautionary principle should not be used to try to avoid all risks. " the precautionary measures appropriate will depend on the combined effect of " the degree of seriousness and irreversibility of the threat and the degree of uncertainty... the more significant and uncertain the threat, the greater... the precaution required ". "... measures should be adopted... proportionate to the potential threats ". = = = = philippines = = = = a petition filed 17 may 2013 by environmental group greenpeace southeast asia and farmer - scientist coalition masipag ( magsasaka at siyentipiko sa pagpapaunlad ng agrikultura ) asked the appellate court to stop the planting of bt eggplant in test fields
: 34 an expression of a need by decision - makers to anticipate harm before it occurs. within this element lies an implicit reversal of the onus of proof : under the precautionary principle it is the responsibility of an activity - proponent to establish that the proposed activity will not ( or is very unlikely to ) result in significant harm. the concept of proportionality of the risk and the cost and feasibility of a proposed action. one of the primary foundations of the precautionary principle, and globally accepted definitions, results from the work of the rio conference, or " earth summit " in 1992. principle 15 of the rio declaration notes : in order to protect the environment, the precautionary approach shall be widely applied by states according to their capabilities. where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost - effective measures to prevent environmental degradation. in 1998, the wingspread conference on the precautionary principle was convened by the science and environmental health network and concluded with the following formulation, described by stewart brand as " the clearest and most frequently cited " : when an activity raises threats of harm to human health or the environment, precautionary measures should be taken even if some cause and effect relationships are not fully established scientifically. in this context the proponent of an activity, rather than the public, should bear the burden of proof. in february 2000, the commission of the european communities noted in a communication from the commission on the precautionary principle that " the precautionary principle is not defined in the treaties of the european union, which prescribes it [ the precautionary principle ] only once β to protect the environment. but in practice, its scope is much wider, and specifically where preliminary - objective - scientific - evaluation indicates that there are reasonable grounds for concern that potentially dangerous effects on the environment, human, animal or [ and ] plant health may be inconsistent with the high level of protection [ for what ] chosen for the community. " : 10 the january 2000 cartagena protocol on biosafety says, in regard to controversies over gmos : " lack of scientific certainty due to insufficient relevant scientific information... shall not prevent the party of [ i ] mport, in order to avoid or minimize such potential adverse effects, from taking a decision, as appropriate, with regard to the import of the living modified organism in question. " : 6 pope francis makes
) that the mother rescued herself. her husband did not survive. their family cat was later found wandering near the collapsed building. at least 35 people were rescued on june 24 and up to 159 were unaccounted for. a woman's voice was heard until around 11 : 00 a. m., but rescuers were unable to reach her. miami - dade county mayor daniella levine cava signed a state of emergency declaration at 4 : 33 p. m. on june 24 and called on florida governor ron desantis to do so at the state level. governor desantis viewed the site on the same day, and issued a state of emergency. the white house and federal emergency management agency stated that they were in contact with local officials and providing assistance. president joe biden was briefed on the event, and spoke with miami - dade county mayor levine cava. two fema urban search and rescue task force teams, urban search and rescue florida task force 1 based in the miami - dade fire rescue and urban search and rescue florida task force 2 based in the miami fire - rescue department, were activated. an additional three teams, one in ohio and two in virginia, were put on standby. members of hatzalah of south florida, a jewish faith - based ambulance service which was authorized to transport patients as part of a law signed the previous week in surfside, were among the first to respond, setting up an onsite triage station. israel offered clothes, medication, food, water, and other aid to the victims of the collapse, according to israeli consul general maor elbaz - starinsky, who came to the scene and conveyed an official offer from the israeli government to send the israel defense forces'home front command search and rescue team to assist in the rescue efforts. the command has assisted in many other disasters, such as the 2017 puebla earthquake, 2010 haitian earthquake, and typhoon haiyan. israel's president reuven rivlin, prime minister naftali bennett and foreign minister yair lapid offered condolences and support. a unit specializing in providing psychological and emotional stabilization following traumatic incidents was dispatched from united hatzalah. at least 35 of those missing were jewish. the national basketball association's miami heat staff handed out water and snacks to state emergency workers. world central kitchen and direct relief, both of which are beneficiaries of the heat's charitable arm, were also helping. american red cross volunteers assisted people displaced by the collapse. on june 25, mayor
Answer:
|
prevail, because he acted reasonably in an emergency.
| 0.3 |
Defendant was tried for robbery. Victim and Worth were the only witnesses called to testify. Victim testified that Defendant threatened her with a knife, grabbed her purse, and ran off with it. Worth testified that he saw Defendant grab Victim's purse and run away with it but that he neither saw a knife nor heard any threats. On this evidence the jury could properly return a verdict of guilty of
0. robbery only.
1. larceny only.
2. either robbery or larceny.
3. both robbery and larcen
than is available or necessary, resulting in a higher rate of acquittal when such evidence is absent ; and second, that jurors have greater confidence in forensic and particularly dna evidence than is warranted, resulting in a higher rate of conviction when such evidence is present. while these and other effects may be caused by crime shows, the most commonly reported effect is that jurors are wrongly acquitting defendants despite overwhelming evidence of guilt. in particular, prosecutors have reported feeling pressured to provide dna evidence even when eyewitness testimony is available. in fact, in a study of 444 prosecutors, 56 % believed the csi effect to almost always or always influence juries, and 81 % believed the csi effect to influence judges. in one highly publicized incident, los angeles county, california district attorney steve cooley blamed actor robert blake's acquittal on murder charges on the csi effect. cooley noted that the " not guilty " verdict came despite two witness accounts of blake's guilt, and claimed that the jury members were " incredibly stupid ". by 2005, some judges and prosecutors had begun altering their trial preparations and procedures in an attempt to counter the csi effect. some ask questions about crime drama television viewership during voir dire to target biased jurors. for example, in charles and drake v. state ( 2010 ), the defendants were convicted of second degree murder, and during voir dire, the judge presented a question about the csi effect. in this case, the maryland appellate court ruled the csi effect voir dire question inappropriate due to its biased language and use of the term " convict " without mention of acquittal. prosecutors have also used opening statements and closing arguments to minimize the possible impact of the csi effect. in goff v. state ( 2009 ), the prosecutor asked jurors during voir dire about their ability to render a verdict without scientific evidence, and then reminded them during closing arguments about this question. in this case, the mention of the csi effect was considered acceptable because the language used was neutral and unbiased. additionally, jury instructions have also been used as a means of informing jurors about the csi effect. in atkins v. state ( 2011 ), the jury was instructed that scientific evidence is not necessary for a case to be valid. the court ruled that this jury instruction regarding scientific evidence was improper because the state was not held to its burden of proof. furthermore, prosecutors have hired expert witnesses to explain why particular forms of physical evidence are not relevant to their cases. in
##s. = = = example 4 : biological testing of a suspect = = = a crime is committed. forensic analysis determines that the perpetrator has a certain blood type shared by 10 % of the population. a suspect is arrested, and found to have that same blood type. a prosecutor might charge the suspect with the crime on that basis alone, and claim at trial that the probability that the defendant is guilty is 90 %. however, this conclusion is only close to correct if the defendant was selected as the main suspect based on robust evidence discovered prior to the blood test and unrelated to it. otherwise, the reasoning presented is flawed, as it overlooks the high prior probability ( that is, prior to the blood test ) that he is a random innocent person. assume, for instance, that 1000 people live in the town where the crime occurred. this means that 100 people live there who have the perpetrator's blood type, of whom only one is the true perpetrator ; therefore, the true probability that the defendant is guilty β based only on the fact that his blood type matches that of the killer β is only 1 %, far less than the 90 % argued by the prosecutor. the prosecutor's fallacy involves assuming that the prior probability of a random match is equal to the probability that the defendant is innocent. when using it, a prosecutor questioning an expert witness may ask : " the odds of finding this evidence on an innocent man are so small that the jury can safely disregard the possibility that this defendant is innocent, correct? " the claim assumes that the probability that evidence is found on an innocent man is the same as the probability that a man is innocent given that evidence was found on him, which is not true. whilst the former is usually small ( 10 % in the previous example ) due to good forensic evidence procedures, the latter ( 99 % in that example ) does not directly relate to it and will often be much higher, since, in fact, it depends on the likely quite high prior odds of the defendant being a random innocent person. = = examples in law = = = = = o. j. simpson trial = = = o. j. simpson was tried and acquitted in 1995 for the murders of his ex - wife nicole brown simpson and her friend ronald goldman. crime scene blood matched simpson's with characteristics shared by 1 in 400 people. however, the defense argued that the number of people from los angeles matching the sample could fill a football stadium and that the figure of 1 in 400 was useless. it
place a lower value on circumstantial evidence, but their viewership had no influence on their evaluation of eyewitness testimony or their tendency to convict in cases with multiple types of evidence. many stories about the csi effect assume that there has been an increase in acquittal rates, though this is often based entirely on anecdotal evidence. a 2009 study of conviction statistics in eight states found that, contrary to the opinions of criminal prosecutors, the acquittal rate has decreased in the years since the debut of csi. the outcome of any given trial is much more strongly dependent on the state in which it took place, rather than whether it occurred before or after the csi premiere. a 2010 study by the university of wisconsin β milwaukee suggests that, while there may be a correlation between crime show viewership and a perceived understanding of dna evidence, there was no evidence that such viewership affected jury decision making. as of august 2010, no empirical evidence has demonstrated a correlation between csi viewership and acquittal rates. one researcher suggested that the perception of a csi effect β and of other courtroom effects, such as perry mason syndrome and white coat syndrome β is caused not by the incompetence of jury members, but by a general distrust of the jury system as a whole. = = = academia = = = the csi effect has influenced the manner in which forensic scientists are educated and trained. in the past, those who sought to enter the field of forensics typically earned an undergraduate degree in a science, followed by a master's degree. however, the popularity of programs such as csi has caused an increase in the demand for undergraduate courses and graduate programs in forensic science. in 2004, the forensics programs at florida international university and the university of california, davis, doubled in size, reportedly as a result of the csi effect. however, many students enter such programs with unrealistic expectations. vocational interest in forensic science has proliferated among students in countries besides the united states, including australia, the united kingdom, and germany. the increased popularity of the forensic science program at the university of lausanne in switzerland has also been attributed to the csi effect. although the increased popularity of forensics programs means there are more applicants for jobs at crime labs, there is some concern that these courses do not adequately prepare students for real forensics work, : 602 as graduates often lack a firm grasp of basic scientific principles that would come from a science degree. many forensics students are presented with streamlined exercises with overly clear answers, which may
the wells effect describes an empirical disconnect between people's judgment of guilt in a trial setting, and both the mathematical and subjective probability involving guilt. this finding shows that evidence that makes a defendant's guilt more or less probable will not necessarily make a guilty verdict more or less likely, which suggests that the judgments made in courts are not governed by rational decision making. = = origins = = this behavioral effect was first established in a series of experiments by psychologist gary l. wells. this study examined the difference between how mock jurors judged naked statistics ( statistical evidence that is unrelated to the specific case ) and other forms of evidence, and found that a simple probability - threshold model ( i. e., that jurors decide guilt when the subjective probability of guilt crosses a threshold value ) cannot account for juror behavior. the experiments were based on variants of the hypothetical blue bus case, which first appeared in the legal literature to describe the unsuitability of naked statistics in trial. in wells's studies, participants were asked to rule on a case in which a woman had watched her dog get struck by a bus and killed, but was unable to identify the bus. one group of participants ( in the rate of traffic case ) was presented with evidence that the blue bus company was responsible for 80 % of the traffic on the road, and the competing gray bus company was responsible for the other 20 % ; a second group ( in the weight attendant case ) was presented with the testimony of a weight attendant who made a record indicating that a blue bus was on the road at a time corresponding to the accident, and that of a second witness who testified that this record was known to be incorrect 20 % of the time. when asked to guess the probability that the blue bus company was responsible for the accident, participants from both groups correctly reported an average 80 % chance. however, when asked to make a determination of guilt in the case, those in the first group made a judgment against the blue bus company only 8. 2 % of the time, while those in the second group found the blue bus company liable in 67. 1 % of the cases. = = variants and proposed mechanisms = = the original study found evidence for a process wells described as " fact - to - evidence reasoning ". a juror engaged in such reasoning would ignore evidence unless the evidence itself can ( or cannot ) be supported by the judgment of the ultimate fact. i. e., jurors would ignore naked statistics ( such as the rate of traffic ) because
the distortion of criminal justice policy ". current issues in criminal justice, vol. 6, 27 - 42 michalowski, r. j. ( 1985 ). order, law and crime : an introduction to criminology. new york : random house. jackson, j. & naureckas, j. ( 1994 ). " crime contradictions : us news illustrates flaws in crime coverage ". extra! may / june, pp. 10 β 14. leiper, s. ( 1994 ). " crime and propaganda ". propaganda review, vol. 11, pp. 44 β 6. walklate, sandra. ( 1989 ). victimology : the victim and the criminal justice process. london : routledge. isbn 0 - 04 - 445160 - 1 walklate, sandra. ( 2003 ). understanding criminology : current theoretical debates ( crime & justice s. ). oxford : oxford university press. isbn 0 - 335 - 20951 - 3
Answer:
|
either robbery or larceny.
| null |
Defendant was tried for robbery. Victim and Worth were the only witnesses called to testify. Victim testified that Defendant threatened her with a knife, grabbed her purse, and ran off with it. Worth testified that he saw Defendant grab Victim's purse and run away with it but that he neither saw a knife nor heard any threats. On this evidence the jury could properly return a verdict of guilty of
0. robbery only.
1. larceny only.
2. either robbery or larceny.
3. both robbery and larcen
than is available or necessary, resulting in a higher rate of acquittal when such evidence is absent ; and second, that jurors have greater confidence in forensic and particularly dna evidence than is warranted, resulting in a higher rate of conviction when such evidence is present. while these and other effects may be caused by crime shows, the most commonly reported effect is that jurors are wrongly acquitting defendants despite overwhelming evidence of guilt. in particular, prosecutors have reported feeling pressured to provide dna evidence even when eyewitness testimony is available. in fact, in a study of 444 prosecutors, 56 % believed the csi effect to almost always or always influence juries, and 81 % believed the csi effect to influence judges. in one highly publicized incident, los angeles county, california district attorney steve cooley blamed actor robert blake's acquittal on murder charges on the csi effect. cooley noted that the " not guilty " verdict came despite two witness accounts of blake's guilt, and claimed that the jury members were " incredibly stupid ". by 2005, some judges and prosecutors had begun altering their trial preparations and procedures in an attempt to counter the csi effect. some ask questions about crime drama television viewership during voir dire to target biased jurors. for example, in charles and drake v. state ( 2010 ), the defendants were convicted of second degree murder, and during voir dire, the judge presented a question about the csi effect. in this case, the maryland appellate court ruled the csi effect voir dire question inappropriate due to its biased language and use of the term " convict " without mention of acquittal. prosecutors have also used opening statements and closing arguments to minimize the possible impact of the csi effect. in goff v. state ( 2009 ), the prosecutor asked jurors during voir dire about their ability to render a verdict without scientific evidence, and then reminded them during closing arguments about this question. in this case, the mention of the csi effect was considered acceptable because the language used was neutral and unbiased. additionally, jury instructions have also been used as a means of informing jurors about the csi effect. in atkins v. state ( 2011 ), the jury was instructed that scientific evidence is not necessary for a case to be valid. the court ruled that this jury instruction regarding scientific evidence was improper because the state was not held to its burden of proof. furthermore, prosecutors have hired expert witnesses to explain why particular forms of physical evidence are not relevant to their cases. in
##s. = = = example 4 : biological testing of a suspect = = = a crime is committed. forensic analysis determines that the perpetrator has a certain blood type shared by 10 % of the population. a suspect is arrested, and found to have that same blood type. a prosecutor might charge the suspect with the crime on that basis alone, and claim at trial that the probability that the defendant is guilty is 90 %. however, this conclusion is only close to correct if the defendant was selected as the main suspect based on robust evidence discovered prior to the blood test and unrelated to it. otherwise, the reasoning presented is flawed, as it overlooks the high prior probability ( that is, prior to the blood test ) that he is a random innocent person. assume, for instance, that 1000 people live in the town where the crime occurred. this means that 100 people live there who have the perpetrator's blood type, of whom only one is the true perpetrator ; therefore, the true probability that the defendant is guilty β based only on the fact that his blood type matches that of the killer β is only 1 %, far less than the 90 % argued by the prosecutor. the prosecutor's fallacy involves assuming that the prior probability of a random match is equal to the probability that the defendant is innocent. when using it, a prosecutor questioning an expert witness may ask : " the odds of finding this evidence on an innocent man are so small that the jury can safely disregard the possibility that this defendant is innocent, correct? " the claim assumes that the probability that evidence is found on an innocent man is the same as the probability that a man is innocent given that evidence was found on him, which is not true. whilst the former is usually small ( 10 % in the previous example ) due to good forensic evidence procedures, the latter ( 99 % in that example ) does not directly relate to it and will often be much higher, since, in fact, it depends on the likely quite high prior odds of the defendant being a random innocent person. = = examples in law = = = = = o. j. simpson trial = = = o. j. simpson was tried and acquitted in 1995 for the murders of his ex - wife nicole brown simpson and her friend ronald goldman. crime scene blood matched simpson's with characteristics shared by 1 in 400 people. however, the defense argued that the number of people from los angeles matching the sample could fill a football stadium and that the figure of 1 in 400 was useless. it
place a lower value on circumstantial evidence, but their viewership had no influence on their evaluation of eyewitness testimony or their tendency to convict in cases with multiple types of evidence. many stories about the csi effect assume that there has been an increase in acquittal rates, though this is often based entirely on anecdotal evidence. a 2009 study of conviction statistics in eight states found that, contrary to the opinions of criminal prosecutors, the acquittal rate has decreased in the years since the debut of csi. the outcome of any given trial is much more strongly dependent on the state in which it took place, rather than whether it occurred before or after the csi premiere. a 2010 study by the university of wisconsin β milwaukee suggests that, while there may be a correlation between crime show viewership and a perceived understanding of dna evidence, there was no evidence that such viewership affected jury decision making. as of august 2010, no empirical evidence has demonstrated a correlation between csi viewership and acquittal rates. one researcher suggested that the perception of a csi effect β and of other courtroom effects, such as perry mason syndrome and white coat syndrome β is caused not by the incompetence of jury members, but by a general distrust of the jury system as a whole. = = = academia = = = the csi effect has influenced the manner in which forensic scientists are educated and trained. in the past, those who sought to enter the field of forensics typically earned an undergraduate degree in a science, followed by a master's degree. however, the popularity of programs such as csi has caused an increase in the demand for undergraduate courses and graduate programs in forensic science. in 2004, the forensics programs at florida international university and the university of california, davis, doubled in size, reportedly as a result of the csi effect. however, many students enter such programs with unrealistic expectations. vocational interest in forensic science has proliferated among students in countries besides the united states, including australia, the united kingdom, and germany. the increased popularity of the forensic science program at the university of lausanne in switzerland has also been attributed to the csi effect. although the increased popularity of forensics programs means there are more applicants for jobs at crime labs, there is some concern that these courses do not adequately prepare students for real forensics work, : 602 as graduates often lack a firm grasp of basic scientific principles that would come from a science degree. many forensics students are presented with streamlined exercises with overly clear answers, which may
the wells effect describes an empirical disconnect between people's judgment of guilt in a trial setting, and both the mathematical and subjective probability involving guilt. this finding shows that evidence that makes a defendant's guilt more or less probable will not necessarily make a guilty verdict more or less likely, which suggests that the judgments made in courts are not governed by rational decision making. = = origins = = this behavioral effect was first established in a series of experiments by psychologist gary l. wells. this study examined the difference between how mock jurors judged naked statistics ( statistical evidence that is unrelated to the specific case ) and other forms of evidence, and found that a simple probability - threshold model ( i. e., that jurors decide guilt when the subjective probability of guilt crosses a threshold value ) cannot account for juror behavior. the experiments were based on variants of the hypothetical blue bus case, which first appeared in the legal literature to describe the unsuitability of naked statistics in trial. in wells's studies, participants were asked to rule on a case in which a woman had watched her dog get struck by a bus and killed, but was unable to identify the bus. one group of participants ( in the rate of traffic case ) was presented with evidence that the blue bus company was responsible for 80 % of the traffic on the road, and the competing gray bus company was responsible for the other 20 % ; a second group ( in the weight attendant case ) was presented with the testimony of a weight attendant who made a record indicating that a blue bus was on the road at a time corresponding to the accident, and that of a second witness who testified that this record was known to be incorrect 20 % of the time. when asked to guess the probability that the blue bus company was responsible for the accident, participants from both groups correctly reported an average 80 % chance. however, when asked to make a determination of guilt in the case, those in the first group made a judgment against the blue bus company only 8. 2 % of the time, while those in the second group found the blue bus company liable in 67. 1 % of the cases. = = variants and proposed mechanisms = = the original study found evidence for a process wells described as " fact - to - evidence reasoning ". a juror engaged in such reasoning would ignore evidence unless the evidence itself can ( or cannot ) be supported by the judgment of the ultimate fact. i. e., jurors would ignore naked statistics ( such as the rate of traffic ) because
the distortion of criminal justice policy ". current issues in criminal justice, vol. 6, 27 - 42 michalowski, r. j. ( 1985 ). order, law and crime : an introduction to criminology. new york : random house. jackson, j. & naureckas, j. ( 1994 ). " crime contradictions : us news illustrates flaws in crime coverage ". extra! may / june, pp. 10 β 14. leiper, s. ( 1994 ). " crime and propaganda ". propaganda review, vol. 11, pp. 44 β 6. walklate, sandra. ( 1989 ). victimology : the victim and the criminal justice process. london : routledge. isbn 0 - 04 - 445160 - 1 walklate, sandra. ( 2003 ). understanding criminology : current theoretical debates ( crime & justice s. ). oxford : oxford university press. isbn 0 - 335 - 20951 - 3
Answer:
|
both robbery and larcen
| 0.3 |
Congressional legislation authorizing marriages and divorces as a matter of federal law on prescribed terms and conditions could most easily be upheld if it
0. applied only to marriages and divorces in which at least one of the parties was a member of the armed forces.
1. applied only to marriages performed by federal judges and to divorces granted by federal courts.
2. implemented an executive agreement seeking to define basic human rights.
3. applied only to marriages and divorces in the District of Columbia
windham in the 2006 election. a controversy dating from 1999 has been over the adoption of civil unions, an institution which grants same - sex couples nearly all the rights and privileges of marriage at the state, but not federal, level. in baker v. vermont ( 1999 ), the vermont supreme court ruled that, under the constitution of vermont, the state must either allow same - sex marriage or provide a " separate, but equal " status for them. the state legislature chose the second option, by creating the institution of civil union ; the bill was passed by the legislature and signed into law by governor howard dean. in april 2009, the state legislature overrode governor jim douglas's veto to allow same - sex marriage, becoming the first state in the nation to legalize same - sex marriage through legislation. in september 2009, vermont became the fourth state in which same - sex couples could marry. the previous three were massachusetts, connecticut, and iowa. in 2007, the state's house of representatives rejected a measure which would have legalized assisted suicide for the terminally ill, by a vote of ( 82 β 63 ). with the governor's signature on may 20, 2013, vermont became the fourth state to pass a " death with dignity " law β the first to be passed through legislation, rather than by ballot initiative. minor parties and independents flourish. rules which eliminate smaller parties from the ballot in most states do not exist in vermont. as a result, voters often have extensive choices for general elections. among others, this more open policy enabled independents like bernie sanders to win election as mayor of burlington, as a u. s. congressman, and as a u. s. senator. a political issue has been act 60, which balances taxation for education funding. this has resulted in the town of killington trying to secede from vermont and join new hampshire, due to what the locals say is an unfair tax burden. the vermont constitution and the courts supports the right of a person to walk ( fish and hunt ) on any unposted, unfenced land. that is, trespass must be proven by the owner ; it is not automatically assumed. vermont has some of the least restrictive gun control laws in the country. a permit or license is not required for purchasing or carrying firearms. concealed carry and open carry of a firearm is legal over the age of 16, with those below 16 requiring parental permission. vermont has a pro - sanctuary city law. the state is an alcoholic beverage control state. in 2007, through the
##q community and set a precedent, yet again, for future cases. even more, the court made clear that defining marriage has always been a right of the states and not the federal government and therefore, the court established their decision to hear and rule on the case as constitutional. this interpretation by the court may cause mixed emotions because of their controversial manner of reversing a policy passed in a democratic way by congress however, because of the previous statement, the court was required to interfere to prohibit the discrimination of a specific group of people. the landmark lgbtq rights case came in 2015 with the supreme court β s decision in obergefell v. hodges that guaranteed fourteenth amendment protections and liberties to same - sex couples. the majority held the prohibition against same - sex marriage from multiple states as unconstitutional and reflected both the judicial precedent and historical reasoning approach in their ruling. further, the court extended their argument by claiming that there was no legal argument for refusing same - sex couples the right to marry in any state. in the opinion, the court reflects on de tocqueville's description of marriage as "'the foundation of the family and of society, without which there would be neither civilization nor progress,'" from maynard v. hill ( 1888 ). again, opponents of this interpretation claim the supreme court is overstepping their constitutional authority however, the majority definitively states that " when the rights of persons are violated,'the constitution requires redress by the courts.'" = = lgbt people's experiences of workplace discrimination and harassment = = in 2020, 8. 9 % of employed lgbt people, including 11. 3 % of lgbt employees of color and 6. 5 % of white lgbt employees, reported being fired or not hired because of their sexual orientation or gender identity. 29. 0 % of lgbt employees of color said they were not hired because of their lgbt status, compared to 18. 3 % of white lgbt employees. over half of lgbt employees who experienced discrimination or harassment at work ( 57. 0 % ) said their boss or coworkers did or said something that indicated the unfair treatment was motivated by religious beliefs. in comparison to 49. 4 % of white lgbt employees, nearly two - thirds ( 63. 5 % ) of lgbt employees of color said religion was a motivating factor in their workplace discrimination experiences. despite widespread discrimination, another study has reported that only 71 % of american adults think that sexual orientation is a protected characteristic under employment nondiscrimination laws. sexual minorities are as uninformed as heterosexual
child, siblings. maryland : allows the employee to use time for immediate family under the same rules if taking it for themselves. includes step, adopted and even people who were primary caregivers even if not related. new jersey : civil union partner and child of civil union partner, parent - in - law, step parent. oregon : domestic partner, grandparent, grandchild or parent - in - law. rhode island : domestic partners of state employees, parent - in - law. vermont : civil union partner, parent - in - law. wisconsin : parent - in - law. district of columbia : related to the worker by blood, legal custody, or marriage ; person with whom the employee lives and has a committed relationship ; child who lives with employee and for whom employee permanently assumes and discharges parental responsibility. in june 2015, obergefell v. hodges required states to perform and recognize same - sex marriages. this eliminated the need for fmla to distinguish which states perform and recognize same - sex marriage. = = = increasing the uses for fmla leave = = = fmla leave can be used for a worker's serious health condition, the serious health condition of a family member, or upon the arrival of a new child. state fmla laws and the new military family provisions of the fmla have broadened these categories : connecticut : organ or bone marrow donor. maine : organ donor ; death of employee's family member if that family member is a servicemember killed while on active duty. maryland : maryland family leave act ( mfla ) β organ donor, person standing in loco parentis, for service leave, and added a specific anti - retaliation penalty on top of fmla recovery. runs parallel to fmla. oregon : care for the non - serious injury or illness of a child requiring home care. = = = unpaid leave for other related purposes = = = several states have passed fmla - type statutes to give parents unpaid leave for other related purposes, including : attending child's school or educational activities. examples include california, district of columbia, massachusetts, minnesota, rhode island, vermont, and others. taking family members to routine medical visits. massachusetts and vermont. addressing the effects of domestic violence, stalking, or sexual assault. examples include colorado, florida, hawaii, and illinois. = = significance = = in 2003, han and waldfogel found that " only about 60 % of private sector workers are covered " due to the clause stipulating a minimum number of employees, and once the clause
service, such as hymns, prayers, and readings from the bible, as well as other elements unique to a wedding, including taking marriage vows and an optional exchange of wedding rings, as well as a special benediction for the couple. holy communion may be part of the wedding service in liturgical protestant churches ( e. g., lutheran, anglican, or methodist ), but is rarely, if ever, found in weddings of other low - church protestant denominations ( e. g., baptists ). a quaker wedding ceremony in a friends meeting is similar to any other meeting for worship, and therefore often very different from the experience expected by non - friends. in some western countries, a separate and secular civil wedding ceremony is required for recognition by the state, while in other western countries, couples must merely obtain a marriage license from a local government authority and can be married by christian or other clergy authorized by law to do so. since the beginning of the 21st century, same - sex couples have been allowed to marry civilly in many countries, and some christian churches in those countries allow religious marriages of same - sex couples, though some forbid it. see the article same - sex marriage. = = = hindu customs = = = hindu ceremonies are usually conducted totally or at least partially in sanskrit, the language of the hindu scriptures. the wedding celebrations may last for several days and they can be extremely diverse, depending upon the region, denomination, and community. mehendi ceremony is a traditional ritual in hindu weddings, where henna application takes place on the bride's hands and legs, before the wedding. on the wedding day, the bride and the bridegroom garland each other in front of the guests. most guests witness only this short ceremony and then socialize, have food, and leave. the religious part ( if applicable ) comes hours later, witnessed by close friends and relatives. in cases where a religious ceremony is present, a brahmin ( hindu priest ) arranges a sacred yajna ( fire - sacrifice ), and the sacred fire ( agni ) is considered the prime witness ( sakshi ) of the marriage. he chants mantras from the vedas and subsidiary texts while the couple is seated before the fire. the most important step is saptapadi or saat phere, wherein the bride and the groom, hand - in - hand, encircle the sacred fire seven times, each circle representing a matrimonial vow. then the groom marks the bride's hair parting with vermilion (
in a culture where only monogamous relationships are legally recognized, bigamy is the act of entering into a marriage with one person while still legally married to another. a legal or de facto separation of the couple does not alter their marital status as married persons. in the case of a person in the process of divorcing their spouse, that person is taken to be legally married until such time as the divorce becomes final or absolute under the law of the relevant jurisdiction. bigamy laws do not apply to couples in a de facto or cohabitation relationship, or that enter such relationships when one is legally married. if the prior marriage is for any reason void, the couple is not married, and hence each party is free to marry another without falling foul of the bigamy laws. bigamy is a crime in most countries that recognise only monogamous marriages. when it occurs in this context often neither the first nor second spouse is aware of the other. in countries that have bigamy laws, with a few exceptions ( such as egypt and iran ), consent from a prior spouse makes no difference to the legality of the second marriage, which is usually considered void. = = history of anti - bigamy laws = = even before christianity became the official religion of the roman empire, diocletian and maximian passed strict anti - polygamy laws in 285 ad that mandated monogamy as the only form of legal marital relationship, as had traditionally been the case in classical greece and rome. in 393, the roman emperor theodosius i issued an imperial edict to extend the ban on polygamy to jewish communities. in 1000, rabbi gershom ben judah ruled polygamy inadmissible within ashkenazi jewish communities living in a christian environment. = = legal situation = = most western countries do not recognise polygamous marriages, and consider bigamy a crime. several countries also prohibit people from living a polygamous lifestyle. this is the case with the united states where the criminalisation of a polygamous lifestyle originated as anti - mormon laws, although they are rarely enforced. de facto polygamy is illegal under us federal law, the edmunds act. in diplomatic law, consular spouses from polygamous countries are sometimes exempt from a general prohibition on polygamy in host countries. in some such countries, only one spouse of a polygamous diplomat may be accredited, however. = = = by country and region = = = australia : illegal. up to five years'imprisonment.
Answer:
|
applied only to marriages and divorces in the District of Columbia
| null |
Congressional legislation authorizing marriages and divorces as a matter of federal law on prescribed terms and conditions could most easily be upheld if it
0. applied only to marriages and divorces in which at least one of the parties was a member of the armed forces.
1. applied only to marriages performed by federal judges and to divorces granted by federal courts.
2. implemented an executive agreement seeking to define basic human rights.
3. applied only to marriages and divorces in the District of Columbia
windham in the 2006 election. a controversy dating from 1999 has been over the adoption of civil unions, an institution which grants same - sex couples nearly all the rights and privileges of marriage at the state, but not federal, level. in baker v. vermont ( 1999 ), the vermont supreme court ruled that, under the constitution of vermont, the state must either allow same - sex marriage or provide a " separate, but equal " status for them. the state legislature chose the second option, by creating the institution of civil union ; the bill was passed by the legislature and signed into law by governor howard dean. in april 2009, the state legislature overrode governor jim douglas's veto to allow same - sex marriage, becoming the first state in the nation to legalize same - sex marriage through legislation. in september 2009, vermont became the fourth state in which same - sex couples could marry. the previous three were massachusetts, connecticut, and iowa. in 2007, the state's house of representatives rejected a measure which would have legalized assisted suicide for the terminally ill, by a vote of ( 82 β 63 ). with the governor's signature on may 20, 2013, vermont became the fourth state to pass a " death with dignity " law β the first to be passed through legislation, rather than by ballot initiative. minor parties and independents flourish. rules which eliminate smaller parties from the ballot in most states do not exist in vermont. as a result, voters often have extensive choices for general elections. among others, this more open policy enabled independents like bernie sanders to win election as mayor of burlington, as a u. s. congressman, and as a u. s. senator. a political issue has been act 60, which balances taxation for education funding. this has resulted in the town of killington trying to secede from vermont and join new hampshire, due to what the locals say is an unfair tax burden. the vermont constitution and the courts supports the right of a person to walk ( fish and hunt ) on any unposted, unfenced land. that is, trespass must be proven by the owner ; it is not automatically assumed. vermont has some of the least restrictive gun control laws in the country. a permit or license is not required for purchasing or carrying firearms. concealed carry and open carry of a firearm is legal over the age of 16, with those below 16 requiring parental permission. vermont has a pro - sanctuary city law. the state is an alcoholic beverage control state. in 2007, through the
##q community and set a precedent, yet again, for future cases. even more, the court made clear that defining marriage has always been a right of the states and not the federal government and therefore, the court established their decision to hear and rule on the case as constitutional. this interpretation by the court may cause mixed emotions because of their controversial manner of reversing a policy passed in a democratic way by congress however, because of the previous statement, the court was required to interfere to prohibit the discrimination of a specific group of people. the landmark lgbtq rights case came in 2015 with the supreme court β s decision in obergefell v. hodges that guaranteed fourteenth amendment protections and liberties to same - sex couples. the majority held the prohibition against same - sex marriage from multiple states as unconstitutional and reflected both the judicial precedent and historical reasoning approach in their ruling. further, the court extended their argument by claiming that there was no legal argument for refusing same - sex couples the right to marry in any state. in the opinion, the court reflects on de tocqueville's description of marriage as "'the foundation of the family and of society, without which there would be neither civilization nor progress,'" from maynard v. hill ( 1888 ). again, opponents of this interpretation claim the supreme court is overstepping their constitutional authority however, the majority definitively states that " when the rights of persons are violated,'the constitution requires redress by the courts.'" = = lgbt people's experiences of workplace discrimination and harassment = = in 2020, 8. 9 % of employed lgbt people, including 11. 3 % of lgbt employees of color and 6. 5 % of white lgbt employees, reported being fired or not hired because of their sexual orientation or gender identity. 29. 0 % of lgbt employees of color said they were not hired because of their lgbt status, compared to 18. 3 % of white lgbt employees. over half of lgbt employees who experienced discrimination or harassment at work ( 57. 0 % ) said their boss or coworkers did or said something that indicated the unfair treatment was motivated by religious beliefs. in comparison to 49. 4 % of white lgbt employees, nearly two - thirds ( 63. 5 % ) of lgbt employees of color said religion was a motivating factor in their workplace discrimination experiences. despite widespread discrimination, another study has reported that only 71 % of american adults think that sexual orientation is a protected characteristic under employment nondiscrimination laws. sexual minorities are as uninformed as heterosexual
child, siblings. maryland : allows the employee to use time for immediate family under the same rules if taking it for themselves. includes step, adopted and even people who were primary caregivers even if not related. new jersey : civil union partner and child of civil union partner, parent - in - law, step parent. oregon : domestic partner, grandparent, grandchild or parent - in - law. rhode island : domestic partners of state employees, parent - in - law. vermont : civil union partner, parent - in - law. wisconsin : parent - in - law. district of columbia : related to the worker by blood, legal custody, or marriage ; person with whom the employee lives and has a committed relationship ; child who lives with employee and for whom employee permanently assumes and discharges parental responsibility. in june 2015, obergefell v. hodges required states to perform and recognize same - sex marriages. this eliminated the need for fmla to distinguish which states perform and recognize same - sex marriage. = = = increasing the uses for fmla leave = = = fmla leave can be used for a worker's serious health condition, the serious health condition of a family member, or upon the arrival of a new child. state fmla laws and the new military family provisions of the fmla have broadened these categories : connecticut : organ or bone marrow donor. maine : organ donor ; death of employee's family member if that family member is a servicemember killed while on active duty. maryland : maryland family leave act ( mfla ) β organ donor, person standing in loco parentis, for service leave, and added a specific anti - retaliation penalty on top of fmla recovery. runs parallel to fmla. oregon : care for the non - serious injury or illness of a child requiring home care. = = = unpaid leave for other related purposes = = = several states have passed fmla - type statutes to give parents unpaid leave for other related purposes, including : attending child's school or educational activities. examples include california, district of columbia, massachusetts, minnesota, rhode island, vermont, and others. taking family members to routine medical visits. massachusetts and vermont. addressing the effects of domestic violence, stalking, or sexual assault. examples include colorado, florida, hawaii, and illinois. = = significance = = in 2003, han and waldfogel found that " only about 60 % of private sector workers are covered " due to the clause stipulating a minimum number of employees, and once the clause
service, such as hymns, prayers, and readings from the bible, as well as other elements unique to a wedding, including taking marriage vows and an optional exchange of wedding rings, as well as a special benediction for the couple. holy communion may be part of the wedding service in liturgical protestant churches ( e. g., lutheran, anglican, or methodist ), but is rarely, if ever, found in weddings of other low - church protestant denominations ( e. g., baptists ). a quaker wedding ceremony in a friends meeting is similar to any other meeting for worship, and therefore often very different from the experience expected by non - friends. in some western countries, a separate and secular civil wedding ceremony is required for recognition by the state, while in other western countries, couples must merely obtain a marriage license from a local government authority and can be married by christian or other clergy authorized by law to do so. since the beginning of the 21st century, same - sex couples have been allowed to marry civilly in many countries, and some christian churches in those countries allow religious marriages of same - sex couples, though some forbid it. see the article same - sex marriage. = = = hindu customs = = = hindu ceremonies are usually conducted totally or at least partially in sanskrit, the language of the hindu scriptures. the wedding celebrations may last for several days and they can be extremely diverse, depending upon the region, denomination, and community. mehendi ceremony is a traditional ritual in hindu weddings, where henna application takes place on the bride's hands and legs, before the wedding. on the wedding day, the bride and the bridegroom garland each other in front of the guests. most guests witness only this short ceremony and then socialize, have food, and leave. the religious part ( if applicable ) comes hours later, witnessed by close friends and relatives. in cases where a religious ceremony is present, a brahmin ( hindu priest ) arranges a sacred yajna ( fire - sacrifice ), and the sacred fire ( agni ) is considered the prime witness ( sakshi ) of the marriage. he chants mantras from the vedas and subsidiary texts while the couple is seated before the fire. the most important step is saptapadi or saat phere, wherein the bride and the groom, hand - in - hand, encircle the sacred fire seven times, each circle representing a matrimonial vow. then the groom marks the bride's hair parting with vermilion (
in a culture where only monogamous relationships are legally recognized, bigamy is the act of entering into a marriage with one person while still legally married to another. a legal or de facto separation of the couple does not alter their marital status as married persons. in the case of a person in the process of divorcing their spouse, that person is taken to be legally married until such time as the divorce becomes final or absolute under the law of the relevant jurisdiction. bigamy laws do not apply to couples in a de facto or cohabitation relationship, or that enter such relationships when one is legally married. if the prior marriage is for any reason void, the couple is not married, and hence each party is free to marry another without falling foul of the bigamy laws. bigamy is a crime in most countries that recognise only monogamous marriages. when it occurs in this context often neither the first nor second spouse is aware of the other. in countries that have bigamy laws, with a few exceptions ( such as egypt and iran ), consent from a prior spouse makes no difference to the legality of the second marriage, which is usually considered void. = = history of anti - bigamy laws = = even before christianity became the official religion of the roman empire, diocletian and maximian passed strict anti - polygamy laws in 285 ad that mandated monogamy as the only form of legal marital relationship, as had traditionally been the case in classical greece and rome. in 393, the roman emperor theodosius i issued an imperial edict to extend the ban on polygamy to jewish communities. in 1000, rabbi gershom ben judah ruled polygamy inadmissible within ashkenazi jewish communities living in a christian environment. = = legal situation = = most western countries do not recognise polygamous marriages, and consider bigamy a crime. several countries also prohibit people from living a polygamous lifestyle. this is the case with the united states where the criminalisation of a polygamous lifestyle originated as anti - mormon laws, although they are rarely enforced. de facto polygamy is illegal under us federal law, the edmunds act. in diplomatic law, consular spouses from polygamous countries are sometimes exempt from a general prohibition on polygamy in host countries. in some such countries, only one spouse of a polygamous diplomat may be accredited, however. = = = by country and region = = = australia : illegal. up to five years'imprisonment.
Answer:
|
implemented an executive agreement seeking to define basic human rights.
| 0.3 |
Assume for the purposes of these questions that you are counsel to the state legislative committee that is responsible for real estate laws in your state.. The committee wants you to draft a statute governing the recording of deeds that fixes priorities of title, as reflected on the public record, as definitely as possible. Which of the following, divorced from other policy considerations, would best accomplish this particular result?
0. Eliminate the requirement of witnesses to deeds.
1. Make time of recording the controlling factor.
2. Make irrebuttable the declarations in the deeds that valuable consideration was paid.
3. Make the protection of bona fide purchasers the controlling factor
the ground by a land measurer of the land rights office who has to establish a land hold plan to be filed as record in the respective land rights office. unlike the starter title right, there is no restrictions on tenureship. = = = the process of establishment of schemes = = = before titles can be granted the desirability and suitability of the informal settlement has to be determined. therefore, the local authority must conduct a feasibility study of the area earmarked for formalisation under the flexible land tenure system. a professional land surveyor needs to survey the outer boundaries of the blockerf and subdivide it from the surroundings for registration as an individual freehold title deed. no inner subdivision is required for starter title schemes. in the case of a land hold title scheme a layout plan has to be established and the setting out incl. demarcation must be carried out by the land measurer. following these preliminary steps for establishment of starter title or land hold title scheme and if the relevant authority is satisfied that the establishment of the title scheme is desirable and has approved it, a flexible land tenure scheme is deemed to be established after the registrar of deeds has made an endorsement on the title deed of the blockerf concerned. the individual titles will then be registered at the land rights office. = = = associations = = = every starter title or land hold title scheme must have an association consisting only of the holders of title rights in the scheme. in order for these associations to function correctly membership is mandatory. according to the flexible land tenure act, the functions of the associations are to represent the holders of rights in the scheme concerned in negotiations with the relevant authority ; to manage the common property of the scheme concerned ( land hold title schemes only ) ; to mediate disputes between members of the scheme concerned ( starter title schemes only ). each association will be governed by a constitution and managed by a committee. = = = upgrading of title rights = = = the starter title right is upgradeable to the land hold title right. upgrading of starter title rights is only possible if at least 75 % of the holders of rights in a starter title scheme have consented to the upgrade. the layout planning has to be finalised and approved in order for individual plots to be defined and allocated under the land hold title. starter title schemes and land hold title schemes can be upgraded to freehold title if at least 75 % of the holders of rights in a scheme have consented. in the case of upgrading to freehold the title holders will have to pay
in order 75a of the rules of the superior courts. = = appointment of an examiner = = an examiner is appointed to a company on foot of a petition brought before the high court. the petition must be supported by an affidavit sworn by or on behalf of the petitioner. it must also be accompanied by a report prepared by an independent accountant. = = = who can petition the court = = = the petition can be brought by the company, its directors, its creditors, its shareholders or any combination of these. : 1325 petitions for the appointment of an examiner are usually brought by the company itself, its directors or its shareholders. where the petition is presented by the company itself, it would appear that an ordinary resolution of the members is sufficient. a copy of the resolution ( if written ) or an extract of the minutes of the meeting at which the decision to petition for the appointment of an examiner is made should be exhibited to the verifying affidavit. : 12. 45 where the petition is presented by the directors, it is necessary to exhibit to the verifying affidavit evidence of a properly passed board resolution. : 12. 45 the petition must nominate an examiner and must be supported by evidence which is sufficient to demonstrate to the court that an examiner should be appointed. = = = grounds for the appointment of an examiner = = = the principal legal test for the appointment of an examiner is whether or not there is a reasonable prospect of the survival of the company and the whole or any part of its undertaking as a going concern. : 1328 accordingly, not only must there be a reasonable prospect of the survival of the company, there must also be a reasonable prospect of the survival of the whole or any part of its undertaking as a going concern. : 1329 it is also necessary to demonstrate that the company is or is likely to be unable to pay its debts. : 1328 a company is deemed to be unable to pay its debts if : it is unable to pay its debts as they fall due ; the value of its assets is less than the amount of its liabilities taking into account both contingent and prospective liabilities ; or where section 214 ( a ) or ( b ) of the companies act 1963 applies to the company. a company does not have to be insolvent at the time of the presentation of the petition ; the court can take account of a future event which is likely to have an adverse effect on the company's ability to discharge its debts. however, an examiner cannot be appointed to
in the united states, a conservation easement ( also called conservation covenant, conservation restriction or conservation servitude ) is a power invested in a qualified land conservation organization called a " land trust ", or a governmental ( municipal, county, state or federal ) entity to constrain, as to a specified land area, the exercise of rights otherwise held by a landowner so as to achieve certain conservation purposes. it is an interest in real property established by agreement between a landowner and land trust or unit of government. the conservation easement " runs with the land ", meaning it is applicable to both present and future owners of the land. the grant of conservation easement, as with any real property interest, is part of the chain of title for the property and is normally recorded in local land records. the conservation easement's purposes will vary depending on the character of the particular property, the goals of the land trust or government unit, and the needs of the landowners. for example, an easement's purposes ( often called " conservation objectives " ) might include any one or more of the following : maintain and improve water quality ; perpetuate and foster the growth of healthy forest ; maintain and improve wildlife habitat and migration corridors ; protect scenic vistas visible from roads and other public areas ; or ensure that lands are managed so that they are always available for sustainable agriculture and forestry. the conservation easement's administrative terms for advancing the conservation objectives also vary but typically forbid or substantially constrain subdivision and other real estate development. the most distinguishing feature of the conservation easement as a conservation tool is that it enables users to achieve specific conservation objectives on the land while keeping the land in the ownership and control of landowners for uses consistent with the conservation objectives. unlike land use regulation, a conservation easement is placed on property voluntarily by the owner whose rights are being restricted. the restrictions of the easement, once set in place, are however perpetual ( and potentially reduce the market value of the remaining ownership interest in the property ). appraisals of the value of the easement, and financial arrangements between the parties ( land owner and land trust ), generally are kept private. the landowner who grants a conservation easement continues to manage and otherwise privately own the land and may receive significant state and federal tax advantages for having donated and / or sold the conservation easement. in granting the conservation easement, the easement holder has a responsibility to monitor future uses of the land to ensure compliance with the terms of the easement and
look to armenia, croatia, ghana and the dominican republic as recent examples of successful reforms. keep registry records updated and continue to digitize records keeping records updated would cut the need for a new valuation and site inspection by the measurement department each time a property is transferred. countries that transfer records from paper to electronic form benefit from shorter processing times. going electronic makes it easier to identify errors and overlapping titles, improving title security. electronic records would solve the numbering and filing problems in assiut and provide a better organizational framework for alexandria. = = = foreign ownership = = = investment law no. 8 of 1997 ( which cancelled law 230 of 1989 ) allows companies to own building lands and develop real estate as needed for implementing and expanding their activities, regardless of the nationality or place of residence of partners and shareholders or the percentage of their participation except for agricultural areas. it allows 100 % foreign ownership of ventures and guarantees the right to remit income earned in egypt and to repatriate capital. = = finances = = best practices ; egypt was included in the list of economy where getting credits were difficult, however in 2005, egypt expanded the scope of borrowers'information by setting up the registry defaulting on small credit card and car loans. egypt's public registry cut the minimum loan size above which it collected data from $ 6, 900 to $ 5, 200. egypt's central bank revised the banking secrecy law to allow the opening of the country's first private bureau. the credit bureau was later on outsourced to the private sector. access to credit information had expanded with the addition of retailers to the database of the private credit bureau in 2009. in the same year, egyptian financial supervisory authority ( efsa ), a single financial regulatory authority for all non - banking financial services was established. = = = private equity = = = numbers of pe funds are interested in smes ( mostly focus on med cos. ). egyptian market requirement for pe investment estimated to be in the range of us $ 200 mn β usd 500 mn per year. these funds would inject capital into high growth potential smes in the form of pe then may exit through nilex in three to four years. needed reforms the legal & regulatory issues with current capital market law inhibited the establishment of pe funds in egypt ( most pe funds established offshore limiting their access to institutional investors ). improve literacy and education in managing pe funds and develop pe market to attract key players ( angel investors, sponsored advisors ). improving financial literacy to increase awareness about new financial services
fair value option. currently, the government is in the process of outsourcing the mass appraisal of properties for taxation purposes to professional valuation institutions. adjudication of valuer - certified estimates of value in case of the onset of disputes is conducted through the experts councils of valuers'sros. official courts tend to concur with the resolutions of such councils. in some rare instances the imprimatur of sro's experts councils is also required for a valuation done by a particular valuer to enter into effect. the technical details of practice of real estate valuers in russia are aligned with the international pattern. members of the russian society of appraisers formerly were bound by the observance of the international valuation standards. there also exists a set of 14 general - purpose government - developed " federal valuation standards " ( fsos 1, 2, 3 - - are the general valuation standards first adopted in 2007 ( and revised 2015 ) and covering terms of engagement and valuation report content requirements, fsos 7 β 11 are asset - specific standards adopted in 2015, while fso 9 is currently the only purpose - specific standard in the set dealing with valuations of property for loan security purposes ; the last two fso standards adopted in 2016 cover determination of investment and liquidation values, however, they do not touch on the methodology for determining these values, only scraping the reporting requirements ). in view of the international conformity drive in the latest round of fso standards setting, general requirements in the new fso standards are close to those in the international valuation standards set, however they can be more specific on occasion and mandate compulsory disclosure of uncertainty in valuation reports using the interval / range format. with effect from 1 august 2017, new amendments to the federal valuation law came to impose the compulsory certification of valuers by a state - affiliated testing centre. consequently, this two - hour written exam certification measure, aimed to counter a perception of wide - spread malpractice among the members of the national valuation profession, provides for three valuer - specializations : real estate valuers, plant and machinery valuers, and business and intangible asset valuers, with the exam content requirements varying substantially for each specialization. valuers would lose a right to practice, unless they comply with the requirement to take this compulsory certification exam at or before 31 march 2018. a general assessment of this measure is that the numbers of certified valuers in russia are set to dwindle down to some 2000 β 3000 valuers nationwide ( across all the
Answer:
|
Make time of recording the controlling factor.
| null |
Assume for the purposes of these questions that you are counsel to the state legislative committee that is responsible for real estate laws in your state.. The committee wants you to draft a statute governing the recording of deeds that fixes priorities of title, as reflected on the public record, as definitely as possible. Which of the following, divorced from other policy considerations, would best accomplish this particular result?
0. Eliminate the requirement of witnesses to deeds.
1. Make time of recording the controlling factor.
2. Make irrebuttable the declarations in the deeds that valuable consideration was paid.
3. Make the protection of bona fide purchasers the controlling factor
the ground by a land measurer of the land rights office who has to establish a land hold plan to be filed as record in the respective land rights office. unlike the starter title right, there is no restrictions on tenureship. = = = the process of establishment of schemes = = = before titles can be granted the desirability and suitability of the informal settlement has to be determined. therefore, the local authority must conduct a feasibility study of the area earmarked for formalisation under the flexible land tenure system. a professional land surveyor needs to survey the outer boundaries of the blockerf and subdivide it from the surroundings for registration as an individual freehold title deed. no inner subdivision is required for starter title schemes. in the case of a land hold title scheme a layout plan has to be established and the setting out incl. demarcation must be carried out by the land measurer. following these preliminary steps for establishment of starter title or land hold title scheme and if the relevant authority is satisfied that the establishment of the title scheme is desirable and has approved it, a flexible land tenure scheme is deemed to be established after the registrar of deeds has made an endorsement on the title deed of the blockerf concerned. the individual titles will then be registered at the land rights office. = = = associations = = = every starter title or land hold title scheme must have an association consisting only of the holders of title rights in the scheme. in order for these associations to function correctly membership is mandatory. according to the flexible land tenure act, the functions of the associations are to represent the holders of rights in the scheme concerned in negotiations with the relevant authority ; to manage the common property of the scheme concerned ( land hold title schemes only ) ; to mediate disputes between members of the scheme concerned ( starter title schemes only ). each association will be governed by a constitution and managed by a committee. = = = upgrading of title rights = = = the starter title right is upgradeable to the land hold title right. upgrading of starter title rights is only possible if at least 75 % of the holders of rights in a starter title scheme have consented to the upgrade. the layout planning has to be finalised and approved in order for individual plots to be defined and allocated under the land hold title. starter title schemes and land hold title schemes can be upgraded to freehold title if at least 75 % of the holders of rights in a scheme have consented. in the case of upgrading to freehold the title holders will have to pay
in order 75a of the rules of the superior courts. = = appointment of an examiner = = an examiner is appointed to a company on foot of a petition brought before the high court. the petition must be supported by an affidavit sworn by or on behalf of the petitioner. it must also be accompanied by a report prepared by an independent accountant. = = = who can petition the court = = = the petition can be brought by the company, its directors, its creditors, its shareholders or any combination of these. : 1325 petitions for the appointment of an examiner are usually brought by the company itself, its directors or its shareholders. where the petition is presented by the company itself, it would appear that an ordinary resolution of the members is sufficient. a copy of the resolution ( if written ) or an extract of the minutes of the meeting at which the decision to petition for the appointment of an examiner is made should be exhibited to the verifying affidavit. : 12. 45 where the petition is presented by the directors, it is necessary to exhibit to the verifying affidavit evidence of a properly passed board resolution. : 12. 45 the petition must nominate an examiner and must be supported by evidence which is sufficient to demonstrate to the court that an examiner should be appointed. = = = grounds for the appointment of an examiner = = = the principal legal test for the appointment of an examiner is whether or not there is a reasonable prospect of the survival of the company and the whole or any part of its undertaking as a going concern. : 1328 accordingly, not only must there be a reasonable prospect of the survival of the company, there must also be a reasonable prospect of the survival of the whole or any part of its undertaking as a going concern. : 1329 it is also necessary to demonstrate that the company is or is likely to be unable to pay its debts. : 1328 a company is deemed to be unable to pay its debts if : it is unable to pay its debts as they fall due ; the value of its assets is less than the amount of its liabilities taking into account both contingent and prospective liabilities ; or where section 214 ( a ) or ( b ) of the companies act 1963 applies to the company. a company does not have to be insolvent at the time of the presentation of the petition ; the court can take account of a future event which is likely to have an adverse effect on the company's ability to discharge its debts. however, an examiner cannot be appointed to
in the united states, a conservation easement ( also called conservation covenant, conservation restriction or conservation servitude ) is a power invested in a qualified land conservation organization called a " land trust ", or a governmental ( municipal, county, state or federal ) entity to constrain, as to a specified land area, the exercise of rights otherwise held by a landowner so as to achieve certain conservation purposes. it is an interest in real property established by agreement between a landowner and land trust or unit of government. the conservation easement " runs with the land ", meaning it is applicable to both present and future owners of the land. the grant of conservation easement, as with any real property interest, is part of the chain of title for the property and is normally recorded in local land records. the conservation easement's purposes will vary depending on the character of the particular property, the goals of the land trust or government unit, and the needs of the landowners. for example, an easement's purposes ( often called " conservation objectives " ) might include any one or more of the following : maintain and improve water quality ; perpetuate and foster the growth of healthy forest ; maintain and improve wildlife habitat and migration corridors ; protect scenic vistas visible from roads and other public areas ; or ensure that lands are managed so that they are always available for sustainable agriculture and forestry. the conservation easement's administrative terms for advancing the conservation objectives also vary but typically forbid or substantially constrain subdivision and other real estate development. the most distinguishing feature of the conservation easement as a conservation tool is that it enables users to achieve specific conservation objectives on the land while keeping the land in the ownership and control of landowners for uses consistent with the conservation objectives. unlike land use regulation, a conservation easement is placed on property voluntarily by the owner whose rights are being restricted. the restrictions of the easement, once set in place, are however perpetual ( and potentially reduce the market value of the remaining ownership interest in the property ). appraisals of the value of the easement, and financial arrangements between the parties ( land owner and land trust ), generally are kept private. the landowner who grants a conservation easement continues to manage and otherwise privately own the land and may receive significant state and federal tax advantages for having donated and / or sold the conservation easement. in granting the conservation easement, the easement holder has a responsibility to monitor future uses of the land to ensure compliance with the terms of the easement and
look to armenia, croatia, ghana and the dominican republic as recent examples of successful reforms. keep registry records updated and continue to digitize records keeping records updated would cut the need for a new valuation and site inspection by the measurement department each time a property is transferred. countries that transfer records from paper to electronic form benefit from shorter processing times. going electronic makes it easier to identify errors and overlapping titles, improving title security. electronic records would solve the numbering and filing problems in assiut and provide a better organizational framework for alexandria. = = = foreign ownership = = = investment law no. 8 of 1997 ( which cancelled law 230 of 1989 ) allows companies to own building lands and develop real estate as needed for implementing and expanding their activities, regardless of the nationality or place of residence of partners and shareholders or the percentage of their participation except for agricultural areas. it allows 100 % foreign ownership of ventures and guarantees the right to remit income earned in egypt and to repatriate capital. = = finances = = best practices ; egypt was included in the list of economy where getting credits were difficult, however in 2005, egypt expanded the scope of borrowers'information by setting up the registry defaulting on small credit card and car loans. egypt's public registry cut the minimum loan size above which it collected data from $ 6, 900 to $ 5, 200. egypt's central bank revised the banking secrecy law to allow the opening of the country's first private bureau. the credit bureau was later on outsourced to the private sector. access to credit information had expanded with the addition of retailers to the database of the private credit bureau in 2009. in the same year, egyptian financial supervisory authority ( efsa ), a single financial regulatory authority for all non - banking financial services was established. = = = private equity = = = numbers of pe funds are interested in smes ( mostly focus on med cos. ). egyptian market requirement for pe investment estimated to be in the range of us $ 200 mn β usd 500 mn per year. these funds would inject capital into high growth potential smes in the form of pe then may exit through nilex in three to four years. needed reforms the legal & regulatory issues with current capital market law inhibited the establishment of pe funds in egypt ( most pe funds established offshore limiting their access to institutional investors ). improve literacy and education in managing pe funds and develop pe market to attract key players ( angel investors, sponsored advisors ). improving financial literacy to increase awareness about new financial services
fair value option. currently, the government is in the process of outsourcing the mass appraisal of properties for taxation purposes to professional valuation institutions. adjudication of valuer - certified estimates of value in case of the onset of disputes is conducted through the experts councils of valuers'sros. official courts tend to concur with the resolutions of such councils. in some rare instances the imprimatur of sro's experts councils is also required for a valuation done by a particular valuer to enter into effect. the technical details of practice of real estate valuers in russia are aligned with the international pattern. members of the russian society of appraisers formerly were bound by the observance of the international valuation standards. there also exists a set of 14 general - purpose government - developed " federal valuation standards " ( fsos 1, 2, 3 - - are the general valuation standards first adopted in 2007 ( and revised 2015 ) and covering terms of engagement and valuation report content requirements, fsos 7 β 11 are asset - specific standards adopted in 2015, while fso 9 is currently the only purpose - specific standard in the set dealing with valuations of property for loan security purposes ; the last two fso standards adopted in 2016 cover determination of investment and liquidation values, however, they do not touch on the methodology for determining these values, only scraping the reporting requirements ). in view of the international conformity drive in the latest round of fso standards setting, general requirements in the new fso standards are close to those in the international valuation standards set, however they can be more specific on occasion and mandate compulsory disclosure of uncertainty in valuation reports using the interval / range format. with effect from 1 august 2017, new amendments to the federal valuation law came to impose the compulsory certification of valuers by a state - affiliated testing centre. consequently, this two - hour written exam certification measure, aimed to counter a perception of wide - spread malpractice among the members of the national valuation profession, provides for three valuer - specializations : real estate valuers, plant and machinery valuers, and business and intangible asset valuers, with the exam content requirements varying substantially for each specialization. valuers would lose a right to practice, unless they comply with the requirement to take this compulsory certification exam at or before 31 march 2018. a general assessment of this measure is that the numbers of certified valuers in russia are set to dwindle down to some 2000 β 3000 valuers nationwide ( across all the
Answer:
|
Make irrebuttable the declarations in the deeds that valuable consideration was paid.
| 0.3 |
Assume for the purposes of these questions that you are counsel to the state legislative committee that is responsible for real estate laws in your state.The committee wants you to draft legislation to make all restrictions on land use imposed by deeds (now or hereafter recorded) unenforceable in the future so that public land-use planning through zoning will have exclusive control in matters of land use. Which of the following is LEAST likely to be a consideration in the drafting of such legislation?
0. Compensation for property rights taken by public authority.
1. Impairment of contract.
2. Sovereign immunity.
3. Police power.
: planning and land use in nsw, 4th edition ( 4th ed. ). sydney : redfern legal centre. pp. 748 pages. = = external links = = example invocation of the newbury principles for a development application, ku - ring - gai council report, nov. 15, 2006. a more detailed example report to the general manager, north sydney council, nov. 21., 2006. review of da conditions, legal and planning committee sep 2013 report to the general manager, north sydney council, sept 23, 2013 woollahra municipal council - conditions in development application consents
the ground by a land measurer of the land rights office who has to establish a land hold plan to be filed as record in the respective land rights office. unlike the starter title right, there is no restrictions on tenureship. = = = the process of establishment of schemes = = = before titles can be granted the desirability and suitability of the informal settlement has to be determined. therefore, the local authority must conduct a feasibility study of the area earmarked for formalisation under the flexible land tenure system. a professional land surveyor needs to survey the outer boundaries of the blockerf and subdivide it from the surroundings for registration as an individual freehold title deed. no inner subdivision is required for starter title schemes. in the case of a land hold title scheme a layout plan has to be established and the setting out incl. demarcation must be carried out by the land measurer. following these preliminary steps for establishment of starter title or land hold title scheme and if the relevant authority is satisfied that the establishment of the title scheme is desirable and has approved it, a flexible land tenure scheme is deemed to be established after the registrar of deeds has made an endorsement on the title deed of the blockerf concerned. the individual titles will then be registered at the land rights office. = = = associations = = = every starter title or land hold title scheme must have an association consisting only of the holders of title rights in the scheme. in order for these associations to function correctly membership is mandatory. according to the flexible land tenure act, the functions of the associations are to represent the holders of rights in the scheme concerned in negotiations with the relevant authority ; to manage the common property of the scheme concerned ( land hold title schemes only ) ; to mediate disputes between members of the scheme concerned ( starter title schemes only ). each association will be governed by a constitution and managed by a committee. = = = upgrading of title rights = = = the starter title right is upgradeable to the land hold title right. upgrading of starter title rights is only possible if at least 75 % of the holders of rights in a starter title scheme have consented to the upgrade. the layout planning has to be finalised and approved in order for individual plots to be defined and allocated under the land hold title. starter title schemes and land hold title schemes can be upgraded to freehold title if at least 75 % of the holders of rights in a scheme have consented. in the case of upgrading to freehold the title holders will have to pay
farmland preservation is a joint effort by non - governmental organizations and local governments to set aside and protect examples of a region's farmland for the use, education, and enjoyment of future generations. programs in the united states are operated mostly at state and local levels by government agencies or private entities such as land trusts and are designed to limit conversion of agricultural land to other uses that otherwise might have been more financially attractive to the land owner. through different government programs and policy enactments farmers are able to preserve their land for growing crops and raising livestock. every state provides tax relief through differential ( preferential ) assessment. easements are a popular approach and allow the farms to remain operational. less common approaches include establishing agricultural districts, using zoning to protect agricultural land, purchasing development rights, and transferable development rights. it is often a part of regional planning and national historic preservation. farmland preservation efforts have been taking place across the united states, such as in virginia, minnesota, maryland, florida, and connecticut. = = history = = new jersey passed the farmland assessment act of 1964 to mitigate the loss of farmland to rapid suburban development through the use of favorable tax assessments. the act dealt with how the land is assessed for taxes based on the productivity level of the land. the thinking behind this act was that by helping cut the taxes on the farmland, local farmers would be more likely to stay in business. but by the late 1970s, the value of farmland had outstripped the tax benefits of the act, so the state purchased deed restrictions on farms through the agriculture retention and development act of 1981. through the agriculture retention and development act of 1981, the state of new jersey to purchase the easements along the farms thus preventing the construction and rezoning of these areas into industrial, commercial, residential, and / or otherwise areas. per the state, as of 2022, the act has helped save some 2, 800 farms amassing 247, 517 acres. regional efforts in monmouth county, new jersey include the navesink highlands greenway, a project of the monmouth county farmland preservation program, which, along with the monmouth conservation foundation, purchased the development rights of the holly crest farm in middletown in september 2008 for us $ 2. 5 million. over 20 percent of county farmlands and open spaces are permanently preserved. this area is delineated as a land - trust which means that the land itself is publicly owned, so when purchasing a home, the purchaser is buying the building itself and also entering a long - term lease with the land -
the newbury principles collectively refer to an urban planning guideline stating that decisions should be made based only on the planning considerations relevant to the current development, even if the consideration of ulterior purposes may lead to a greater public good. in practice, the principles are used as a test to verify the validity of conditions to be imposed by a planning authority. specifically, the decision of the house of lords in newbury district council v secretary of state for the environment, contains the following three principles when considering the reasonableness of imposing conditions on consents : it must be imposed for a planning purpose. it must fairly and reasonably relate to the development for which permission is being given. it must be reasonable. = = application in australian planning decisions = = the newbury principles are applied in australia, and have been cited by courts in new south wales and western australia. the newbury test also remains in general application in the courts of new zealand. = = = nsw environmental planning & assessment act 1979 ( ep & a act 1979 ) = = = the power to impose conditions on development consent in nsw derives from the heads of consideration under s. 4. 15 of the ep & a act 1979 ( formerly s. 79c ) and s. 4. 17 of this act. the purpose of these provisions is to provide for the various effects of a development consent which commonly arise in the assessment of development applications. in specific instances it will be for conditions to be explicitly worded by assessment staff to deal with specific issues of impact or ongoing management. to satisfy the newbury principles in all such conditions must : serve a planning purposes ; be clear, concise and measurable ; must relate to the development ; and must be reasonable having regard for the scope of development and must be enforceable ( the wednesbury principle ). it remains the responsibility of councils to ensure that conditions are imposed having appropriate regard for key planning principles, as contained within relevant planning policies and which do not unreasonably burden the consent holder. in all instances the assessment officers must have regard for the contents of the development application at hand and the requirements of the ep & a act and the regulations to ensure that the development will meet legislative requirements. = = notes = = = = references = = david farrier ; paul stein ( 2006 ). the environmental law handbook : planning and land use in nsw, 4th edition ( 4th ed. ). sydney : redfern legal centre. pp. 748 pages. = = external links = = example invocation of the newbury principles for a development application, ku -
, which acts as a legal instrument to guide the growth, development and enhancement of the city. according to proponents, there must be a system of participation by the β stake holders " in the preparation of plans. public meetings, hearings of objections and transparent processes of addressing objections, must be institutionalized. intelligent urbanism promotes public participation. local area plans must be prepared which address local issues and take into account local views and sentiments regarding plan objectives, configurations, standards and patterns. such plans lay out the sites of plots showing the roads, public open spaces, amenities areas and conservation sites. land pooling assures the beneficiaries from provision of public infrastructure and amenities proportionally contribute and that a few individuals do not suffer from reservations in the plan. according to proponents, there must be a system of floor area ratios to assure that the land and the services are not over pressured. no single plot owner should have more than the determined " fair share " of utilization of the access roads, amenities and utilities that service all of the sites. floor area ratios temper this relationship as regulated the manner in which public services are consumed. according to piu proponents, transfer of development rights benefits land owners whose properties have been reserved under the plan. it also benefits the local authorities that lack the financial resources to purchase lands to implement the structure plans. it benefits concentrated, city center project promoters who have to amortize expensive land purchases, by allowing them to purchase the development rights from the owners of reserved lands and to hand over those properties to the plan implementing authority. this allows the local authority to widen roads and to implement the structure plan. the local authority then transfers the needed development right to city center promoters. intelligent urbanism supports the use of architectural guidelines where there is a tradition to preserve and where precedents can be used to specify architectural elements, motifs and language in a manner, which intended to reinforce a cultural tradition. building designs must respect traditional elements, even though the components may vary greatly to integrate contemporary functions. even in a greenfield setting architectural guidelines are required to assure harmony and continuity of building proportions, scale, color, patterns, motifs, materials and facades. intelligent urbanism insists on safety, hygiene, durability and utility in the design and construction of buildings. where large numbers of people gather in schools, hospitals, and other public facilities that may become emergency shelters in disasters, special care must be exercised. a suitable building code is the proposed instrument to achieve these aims. piu proponents state that those who design buildings must be professionally qualified architects ; those
Answer:
|
Sovereign immunity.
| null |
Assume for the purposes of these questions that you are counsel to the state legislative committee that is responsible for real estate laws in your state.The committee wants you to draft legislation to make all restrictions on land use imposed by deeds (now or hereafter recorded) unenforceable in the future so that public land-use planning through zoning will have exclusive control in matters of land use. Which of the following is LEAST likely to be a consideration in the drafting of such legislation?
0. Compensation for property rights taken by public authority.
1. Impairment of contract.
2. Sovereign immunity.
3. Police power.
: planning and land use in nsw, 4th edition ( 4th ed. ). sydney : redfern legal centre. pp. 748 pages. = = external links = = example invocation of the newbury principles for a development application, ku - ring - gai council report, nov. 15, 2006. a more detailed example report to the general manager, north sydney council, nov. 21., 2006. review of da conditions, legal and planning committee sep 2013 report to the general manager, north sydney council, sept 23, 2013 woollahra municipal council - conditions in development application consents
the ground by a land measurer of the land rights office who has to establish a land hold plan to be filed as record in the respective land rights office. unlike the starter title right, there is no restrictions on tenureship. = = = the process of establishment of schemes = = = before titles can be granted the desirability and suitability of the informal settlement has to be determined. therefore, the local authority must conduct a feasibility study of the area earmarked for formalisation under the flexible land tenure system. a professional land surveyor needs to survey the outer boundaries of the blockerf and subdivide it from the surroundings for registration as an individual freehold title deed. no inner subdivision is required for starter title schemes. in the case of a land hold title scheme a layout plan has to be established and the setting out incl. demarcation must be carried out by the land measurer. following these preliminary steps for establishment of starter title or land hold title scheme and if the relevant authority is satisfied that the establishment of the title scheme is desirable and has approved it, a flexible land tenure scheme is deemed to be established after the registrar of deeds has made an endorsement on the title deed of the blockerf concerned. the individual titles will then be registered at the land rights office. = = = associations = = = every starter title or land hold title scheme must have an association consisting only of the holders of title rights in the scheme. in order for these associations to function correctly membership is mandatory. according to the flexible land tenure act, the functions of the associations are to represent the holders of rights in the scheme concerned in negotiations with the relevant authority ; to manage the common property of the scheme concerned ( land hold title schemes only ) ; to mediate disputes between members of the scheme concerned ( starter title schemes only ). each association will be governed by a constitution and managed by a committee. = = = upgrading of title rights = = = the starter title right is upgradeable to the land hold title right. upgrading of starter title rights is only possible if at least 75 % of the holders of rights in a starter title scheme have consented to the upgrade. the layout planning has to be finalised and approved in order for individual plots to be defined and allocated under the land hold title. starter title schemes and land hold title schemes can be upgraded to freehold title if at least 75 % of the holders of rights in a scheme have consented. in the case of upgrading to freehold the title holders will have to pay
farmland preservation is a joint effort by non - governmental organizations and local governments to set aside and protect examples of a region's farmland for the use, education, and enjoyment of future generations. programs in the united states are operated mostly at state and local levels by government agencies or private entities such as land trusts and are designed to limit conversion of agricultural land to other uses that otherwise might have been more financially attractive to the land owner. through different government programs and policy enactments farmers are able to preserve their land for growing crops and raising livestock. every state provides tax relief through differential ( preferential ) assessment. easements are a popular approach and allow the farms to remain operational. less common approaches include establishing agricultural districts, using zoning to protect agricultural land, purchasing development rights, and transferable development rights. it is often a part of regional planning and national historic preservation. farmland preservation efforts have been taking place across the united states, such as in virginia, minnesota, maryland, florida, and connecticut. = = history = = new jersey passed the farmland assessment act of 1964 to mitigate the loss of farmland to rapid suburban development through the use of favorable tax assessments. the act dealt with how the land is assessed for taxes based on the productivity level of the land. the thinking behind this act was that by helping cut the taxes on the farmland, local farmers would be more likely to stay in business. but by the late 1970s, the value of farmland had outstripped the tax benefits of the act, so the state purchased deed restrictions on farms through the agriculture retention and development act of 1981. through the agriculture retention and development act of 1981, the state of new jersey to purchase the easements along the farms thus preventing the construction and rezoning of these areas into industrial, commercial, residential, and / or otherwise areas. per the state, as of 2022, the act has helped save some 2, 800 farms amassing 247, 517 acres. regional efforts in monmouth county, new jersey include the navesink highlands greenway, a project of the monmouth county farmland preservation program, which, along with the monmouth conservation foundation, purchased the development rights of the holly crest farm in middletown in september 2008 for us $ 2. 5 million. over 20 percent of county farmlands and open spaces are permanently preserved. this area is delineated as a land - trust which means that the land itself is publicly owned, so when purchasing a home, the purchaser is buying the building itself and also entering a long - term lease with the land -
the newbury principles collectively refer to an urban planning guideline stating that decisions should be made based only on the planning considerations relevant to the current development, even if the consideration of ulterior purposes may lead to a greater public good. in practice, the principles are used as a test to verify the validity of conditions to be imposed by a planning authority. specifically, the decision of the house of lords in newbury district council v secretary of state for the environment, contains the following three principles when considering the reasonableness of imposing conditions on consents : it must be imposed for a planning purpose. it must fairly and reasonably relate to the development for which permission is being given. it must be reasonable. = = application in australian planning decisions = = the newbury principles are applied in australia, and have been cited by courts in new south wales and western australia. the newbury test also remains in general application in the courts of new zealand. = = = nsw environmental planning & assessment act 1979 ( ep & a act 1979 ) = = = the power to impose conditions on development consent in nsw derives from the heads of consideration under s. 4. 15 of the ep & a act 1979 ( formerly s. 79c ) and s. 4. 17 of this act. the purpose of these provisions is to provide for the various effects of a development consent which commonly arise in the assessment of development applications. in specific instances it will be for conditions to be explicitly worded by assessment staff to deal with specific issues of impact or ongoing management. to satisfy the newbury principles in all such conditions must : serve a planning purposes ; be clear, concise and measurable ; must relate to the development ; and must be reasonable having regard for the scope of development and must be enforceable ( the wednesbury principle ). it remains the responsibility of councils to ensure that conditions are imposed having appropriate regard for key planning principles, as contained within relevant planning policies and which do not unreasonably burden the consent holder. in all instances the assessment officers must have regard for the contents of the development application at hand and the requirements of the ep & a act and the regulations to ensure that the development will meet legislative requirements. = = notes = = = = references = = david farrier ; paul stein ( 2006 ). the environmental law handbook : planning and land use in nsw, 4th edition ( 4th ed. ). sydney : redfern legal centre. pp. 748 pages. = = external links = = example invocation of the newbury principles for a development application, ku -
, which acts as a legal instrument to guide the growth, development and enhancement of the city. according to proponents, there must be a system of participation by the β stake holders " in the preparation of plans. public meetings, hearings of objections and transparent processes of addressing objections, must be institutionalized. intelligent urbanism promotes public participation. local area plans must be prepared which address local issues and take into account local views and sentiments regarding plan objectives, configurations, standards and patterns. such plans lay out the sites of plots showing the roads, public open spaces, amenities areas and conservation sites. land pooling assures the beneficiaries from provision of public infrastructure and amenities proportionally contribute and that a few individuals do not suffer from reservations in the plan. according to proponents, there must be a system of floor area ratios to assure that the land and the services are not over pressured. no single plot owner should have more than the determined " fair share " of utilization of the access roads, amenities and utilities that service all of the sites. floor area ratios temper this relationship as regulated the manner in which public services are consumed. according to piu proponents, transfer of development rights benefits land owners whose properties have been reserved under the plan. it also benefits the local authorities that lack the financial resources to purchase lands to implement the structure plans. it benefits concentrated, city center project promoters who have to amortize expensive land purchases, by allowing them to purchase the development rights from the owners of reserved lands and to hand over those properties to the plan implementing authority. this allows the local authority to widen roads and to implement the structure plan. the local authority then transfers the needed development right to city center promoters. intelligent urbanism supports the use of architectural guidelines where there is a tradition to preserve and where precedents can be used to specify architectural elements, motifs and language in a manner, which intended to reinforce a cultural tradition. building designs must respect traditional elements, even though the components may vary greatly to integrate contemporary functions. even in a greenfield setting architectural guidelines are required to assure harmony and continuity of building proportions, scale, color, patterns, motifs, materials and facades. intelligent urbanism insists on safety, hygiene, durability and utility in the design and construction of buildings. where large numbers of people gather in schools, hospitals, and other public facilities that may become emergency shelters in disasters, special care must be exercised. a suitable building code is the proposed instrument to achieve these aims. piu proponents state that those who design buildings must be professionally qualified architects ; those
Answer:
|
Impairment of contract.
| 0.3 |
Price sued Derrick for injuries Price received in an automobile accident. Price claims that Derrick was negligent in (a) exceeding the posted speed limit of 35 m.p.h., (b) failing to keep a lookout, and (c) crossing the center lineBystander, Price's eyewitness, testified on crossexamination that Derrick was wearing a green sweater at the time of the accident. Derrick's counsel calls Wilson to testify that Derrick's sweater was blue. Wilson's testimony is
0. admissible as substantive evidence of a material fact.
1. admissible as bearing on Bystander's truthfulness and veracity.
2. inadmissible, because it has no bearing on the capacity of Bystander to observe.
3. inadmissible, because it is extrinsic evidence of a collateral matte
a juror engaged in such reasoning would ignore evidence unless the evidence itself can ( or cannot ) be supported by the judgment of the ultimate fact. i. e., jurors would ignore naked statistics ( such as the rate of traffic ) because the identity of the responsible bus wouldn't prove or disprove the statistics, but jurors would consider the weight attendant's testimony because his testimony could be supported ( or not ) by the identity of the responsible bus. in two additional experiments, participants were presented with the tire tracks case or the tire tracks - belief case. both cases relied on the testimony of a transportation official who examined the prints of tire tracks and compared them to the buses from the two companies. in the tire tracks case, the official testified that the tracks matched 80 % of the blue bus company buses, and 20 % of the gray bus company buses. in the tire tracks - belief case, the official testified that he used a tire - matching technique that provides correct results 80 % of the time, and he believed that a specific blue bus was responsible for the accident. as before, participants reported an average 80 % probability that a blue bus struck the dog in both cases. however, the tire tracks participants tended not to judge against the blue bus company, while the tire tracks - belief participants did. subsequent research has led to the proposal of an " ease - of - simulation " mechanism being responsible for the effect. niedermeier, kerr, and messe ( 1999 ) argued that jurors in wells's experiments ruled in favor of the blue bus company when they had an easier time imagining that the gray bus company was responsible for the accident. they replicated the wells effect but also included manipulations that were meant to make it easier to imagine that a gray bus was responsible. for instance, their partial - match / simulation case was similar to wells's tire tracks - belief case, except the witness was cross - examined by the defense and admitted that it was possible that a gray bus caused the accident. the researchers also probed participants with new questions meant to measure the ease of this mental simulation ( e. g., " on an 11 - point scale, how easy it was to imagine that a grey bus company bus ran over the dog " ). in these experiments, participants were less likely to make a judgment against the blue bus company in cases where they had an easier time imagining that a gray bus was responsible for the accident, even though they reported an identical probability that a blue bus was
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 β 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 β 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 β 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 β 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 β 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 β 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 β 48, 162 β 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
affected by driver's being blinded by lights other than those of a motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 760. wade r. habeeb ( c. 2009 ). " liability or recovery in automobile negligence action as affected by driver's being blinded by lights of motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 551. l. s. tellier ( 2011 ). " right and duty of motorist on through, favored, or arterial street or highway to proceed where lateral view at intersection is obstructed by physical obstacle ". american law reports - - annotated, 2nd series. vol. 59. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1202. " " assured clear distance " statute or rule as applied at hill or curve ". american law reports - - annotated. vol. 133. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 967. " application of " assured clear distance ahead " or " radius of lights " doctrine to accident involving pedestrian crossing the street or highway ". american law reports - - annotated, 2nd series. vol. 31. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1424. " driving automobile at speed which prevents stopping within range of vision as negligence ". american law reports - - annotated, 2nd series. vol. 44, 58, 87, 97. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1403 ; 1493 ; 900 ; 546. " driver's failure to maintain proper distance from motor vehicle ahead ". american law reports - - annotated, 2nd series. vol. 85. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 613. " motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west
than is available or necessary, resulting in a higher rate of acquittal when such evidence is absent ; and second, that jurors have greater confidence in forensic and particularly dna evidence than is warranted, resulting in a higher rate of conviction when such evidence is present. while these and other effects may be caused by crime shows, the most commonly reported effect is that jurors are wrongly acquitting defendants despite overwhelming evidence of guilt. in particular, prosecutors have reported feeling pressured to provide dna evidence even when eyewitness testimony is available. in fact, in a study of 444 prosecutors, 56 % believed the csi effect to almost always or always influence juries, and 81 % believed the csi effect to influence judges. in one highly publicized incident, los angeles county, california district attorney steve cooley blamed actor robert blake's acquittal on murder charges on the csi effect. cooley noted that the " not guilty " verdict came despite two witness accounts of blake's guilt, and claimed that the jury members were " incredibly stupid ". by 2005, some judges and prosecutors had begun altering their trial preparations and procedures in an attempt to counter the csi effect. some ask questions about crime drama television viewership during voir dire to target biased jurors. for example, in charles and drake v. state ( 2010 ), the defendants were convicted of second degree murder, and during voir dire, the judge presented a question about the csi effect. in this case, the maryland appellate court ruled the csi effect voir dire question inappropriate due to its biased language and use of the term " convict " without mention of acquittal. prosecutors have also used opening statements and closing arguments to minimize the possible impact of the csi effect. in goff v. state ( 2009 ), the prosecutor asked jurors during voir dire about their ability to render a verdict without scientific evidence, and then reminded them during closing arguments about this question. in this case, the mention of the csi effect was considered acceptable because the language used was neutral and unbiased. additionally, jury instructions have also been used as a means of informing jurors about the csi effect. in atkins v. state ( 2011 ), the jury was instructed that scientific evidence is not necessary for a case to be valid. the court ruled that this jury instruction regarding scientific evidence was improper because the state was not held to its burden of proof. furthermore, prosecutors have hired expert witnesses to explain why particular forms of physical evidence are not relevant to their cases. in
Answer:
|
inadmissible, because it is extrinsic evidence of a collateral matte
| null |
Price sued Derrick for injuries Price received in an automobile accident. Price claims that Derrick was negligent in (a) exceeding the posted speed limit of 35 m.p.h., (b) failing to keep a lookout, and (c) crossing the center lineBystander, Price's eyewitness, testified on crossexamination that Derrick was wearing a green sweater at the time of the accident. Derrick's counsel calls Wilson to testify that Derrick's sweater was blue. Wilson's testimony is
0. admissible as substantive evidence of a material fact.
1. admissible as bearing on Bystander's truthfulness and veracity.
2. inadmissible, because it has no bearing on the capacity of Bystander to observe.
3. inadmissible, because it is extrinsic evidence of a collateral matte
a juror engaged in such reasoning would ignore evidence unless the evidence itself can ( or cannot ) be supported by the judgment of the ultimate fact. i. e., jurors would ignore naked statistics ( such as the rate of traffic ) because the identity of the responsible bus wouldn't prove or disprove the statistics, but jurors would consider the weight attendant's testimony because his testimony could be supported ( or not ) by the identity of the responsible bus. in two additional experiments, participants were presented with the tire tracks case or the tire tracks - belief case. both cases relied on the testimony of a transportation official who examined the prints of tire tracks and compared them to the buses from the two companies. in the tire tracks case, the official testified that the tracks matched 80 % of the blue bus company buses, and 20 % of the gray bus company buses. in the tire tracks - belief case, the official testified that he used a tire - matching technique that provides correct results 80 % of the time, and he believed that a specific blue bus was responsible for the accident. as before, participants reported an average 80 % probability that a blue bus struck the dog in both cases. however, the tire tracks participants tended not to judge against the blue bus company, while the tire tracks - belief participants did. subsequent research has led to the proposal of an " ease - of - simulation " mechanism being responsible for the effect. niedermeier, kerr, and messe ( 1999 ) argued that jurors in wells's experiments ruled in favor of the blue bus company when they had an easier time imagining that the gray bus company was responsible for the accident. they replicated the wells effect but also included manipulations that were meant to make it easier to imagine that a gray bus was responsible. for instance, their partial - match / simulation case was similar to wells's tire tracks - belief case, except the witness was cross - examined by the defense and admitted that it was possible that a gray bus caused the accident. the researchers also probed participants with new questions meant to measure the ease of this mental simulation ( e. g., " on an 11 - point scale, how easy it was to imagine that a grey bus company bus ran over the dog " ). in these experiments, participants were less likely to make a judgment against the blue bus company in cases where they had an easier time imagining that a gray bus was responsible for the accident, even though they reported an identical probability that a blue bus was
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 β 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 β 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 β 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 β 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 β 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 β 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 β 48, 162 β 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
affected by driver's being blinded by lights other than those of a motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 760. wade r. habeeb ( c. 2009 ). " liability or recovery in automobile negligence action as affected by driver's being blinded by lights of motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 551. l. s. tellier ( 2011 ). " right and duty of motorist on through, favored, or arterial street or highway to proceed where lateral view at intersection is obstructed by physical obstacle ". american law reports - - annotated, 2nd series. vol. 59. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1202. " " assured clear distance " statute or rule as applied at hill or curve ". american law reports - - annotated. vol. 133. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 967. " application of " assured clear distance ahead " or " radius of lights " doctrine to accident involving pedestrian crossing the street or highway ". american law reports - - annotated, 2nd series. vol. 31. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1424. " driving automobile at speed which prevents stopping within range of vision as negligence ". american law reports - - annotated, 2nd series. vol. 44, 58, 87, 97. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1403 ; 1493 ; 900 ; 546. " driver's failure to maintain proper distance from motor vehicle ahead ". american law reports - - annotated, 2nd series. vol. 85. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 613. " motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west
than is available or necessary, resulting in a higher rate of acquittal when such evidence is absent ; and second, that jurors have greater confidence in forensic and particularly dna evidence than is warranted, resulting in a higher rate of conviction when such evidence is present. while these and other effects may be caused by crime shows, the most commonly reported effect is that jurors are wrongly acquitting defendants despite overwhelming evidence of guilt. in particular, prosecutors have reported feeling pressured to provide dna evidence even when eyewitness testimony is available. in fact, in a study of 444 prosecutors, 56 % believed the csi effect to almost always or always influence juries, and 81 % believed the csi effect to influence judges. in one highly publicized incident, los angeles county, california district attorney steve cooley blamed actor robert blake's acquittal on murder charges on the csi effect. cooley noted that the " not guilty " verdict came despite two witness accounts of blake's guilt, and claimed that the jury members were " incredibly stupid ". by 2005, some judges and prosecutors had begun altering their trial preparations and procedures in an attempt to counter the csi effect. some ask questions about crime drama television viewership during voir dire to target biased jurors. for example, in charles and drake v. state ( 2010 ), the defendants were convicted of second degree murder, and during voir dire, the judge presented a question about the csi effect. in this case, the maryland appellate court ruled the csi effect voir dire question inappropriate due to its biased language and use of the term " convict " without mention of acquittal. prosecutors have also used opening statements and closing arguments to minimize the possible impact of the csi effect. in goff v. state ( 2009 ), the prosecutor asked jurors during voir dire about their ability to render a verdict without scientific evidence, and then reminded them during closing arguments about this question. in this case, the mention of the csi effect was considered acceptable because the language used was neutral and unbiased. additionally, jury instructions have also been used as a means of informing jurors about the csi effect. in atkins v. state ( 2011 ), the jury was instructed that scientific evidence is not necessary for a case to be valid. the court ruled that this jury instruction regarding scientific evidence was improper because the state was not held to its burden of proof. furthermore, prosecutors have hired expert witnesses to explain why particular forms of physical evidence are not relevant to their cases. in
Answer:
|
inadmissible, because it has no bearing on the capacity of Bystander to observe.
| 0.3 |
Price sued Derrick for injuries Price received in an automobile accident. Price claims that Derrick was negligent in (a) exceeding the posted speed limit of 35 m.p.h., (b) failing to keep a lookout, and (c) crossing the center lineDerrick testified on his own behalf that he was going 30 m.p.h. On cross-examination, Price's counsel did not question Derrick with regard to his speed. Subsequently, Price's counsel calls Officer to testify that, in his investigation following the accident, Derrick told him that he was driving 40 m.p.h. Officer's testimony is
0. admissible as a prior inconsistent statement.
1. admissible as an admission.
2. inadmissible, because it lacks a foundation.
3. inadmissible, because it is hearsay, not within any exception
affected by driver's being blinded by lights other than those of a motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 760. wade r. habeeb ( c. 2009 ). " liability or recovery in automobile negligence action as affected by driver's being blinded by lights of motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 551. l. s. tellier ( 2011 ). " right and duty of motorist on through, favored, or arterial street or highway to proceed where lateral view at intersection is obstructed by physical obstacle ". american law reports - - annotated, 2nd series. vol. 59. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1202. " " assured clear distance " statute or rule as applied at hill or curve ". american law reports - - annotated. vol. 133. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 967. " application of " assured clear distance ahead " or " radius of lights " doctrine to accident involving pedestrian crossing the street or highway ". american law reports - - annotated, 2nd series. vol. 31. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1424. " driving automobile at speed which prevents stopping within range of vision as negligence ". american law reports - - annotated, 2nd series. vol. 44, 58, 87, 97. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1403 ; 1493 ; 900 ; 546. " driver's failure to maintain proper distance from motor vehicle ahead ". american law reports - - annotated, 2nd series. vol. 85. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 613. " motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west
a juror engaged in such reasoning would ignore evidence unless the evidence itself can ( or cannot ) be supported by the judgment of the ultimate fact. i. e., jurors would ignore naked statistics ( such as the rate of traffic ) because the identity of the responsible bus wouldn't prove or disprove the statistics, but jurors would consider the weight attendant's testimony because his testimony could be supported ( or not ) by the identity of the responsible bus. in two additional experiments, participants were presented with the tire tracks case or the tire tracks - belief case. both cases relied on the testimony of a transportation official who examined the prints of tire tracks and compared them to the buses from the two companies. in the tire tracks case, the official testified that the tracks matched 80 % of the blue bus company buses, and 20 % of the gray bus company buses. in the tire tracks - belief case, the official testified that he used a tire - matching technique that provides correct results 80 % of the time, and he believed that a specific blue bus was responsible for the accident. as before, participants reported an average 80 % probability that a blue bus struck the dog in both cases. however, the tire tracks participants tended not to judge against the blue bus company, while the tire tracks - belief participants did. subsequent research has led to the proposal of an " ease - of - simulation " mechanism being responsible for the effect. niedermeier, kerr, and messe ( 1999 ) argued that jurors in wells's experiments ruled in favor of the blue bus company when they had an easier time imagining that the gray bus company was responsible for the accident. they replicated the wells effect but also included manipulations that were meant to make it easier to imagine that a gray bus was responsible. for instance, their partial - match / simulation case was similar to wells's tire tracks - belief case, except the witness was cross - examined by the defense and admitted that it was possible that a gray bus caused the accident. the researchers also probed participants with new questions meant to measure the ease of this mental simulation ( e. g., " on an 11 - point scale, how easy it was to imagine that a grey bus company bus ran over the dog " ). in these experiments, participants were less likely to make a judgment against the blue bus company in cases where they had an easier time imagining that a gray bus was responsible for the accident, even though they reported an identical probability that a blue bus was
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 β 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 β 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 β 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 β 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 β 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 β 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 β 48, 162 β 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
beyond the proximate edge of clear visibility and choose such a speed accordingly, transfers classic common law liability from that driver for his or her " blind " actions. this duty to assure clear distance ahead is inevitably transferred, as an externality to everybody or thing else who must instead warn the driver, such as the government, its road engineers, and maintainers. as it is generally probable and foreseeable that, chance will permit, and at some point there will be an obstruction beyond some driver's line of sight, such an entitlement challenges centuries of precedent in negligence doctrine in addition to posing difficult policy and engineering challenges. it also violates the calculus of negligence because speed is an inherent factor in vehicular accidents which are a leading cause of priceless life loss and lawsuits, and the burden of a precautions speed is radically lower than the former. the assumption of risk resulting from the unsafe activity of driving faster than one can stop within one's vision, does not depend ex post facto on what you happened to hit, for which by nature you could not have known ; it could have been a moose or a luxury car. furthermore, modern times still provide no legal remedies for darwinian misfortune upon the entire class of unwarnable accidents where drivers and their passengers would not have collided into the likes of a moose, livestock, fallen tree, rock, jetsam, horse - drawn vehicle, stalled vehicle, school bus, garbage truck, mail carrier, snowplow, washout, snow drift, or slid off the road, were it not for their decisions to drive faster than dictated by the assured clear distance ahead. regardless of what behavior an authority might encourage by fabricating new rights, it remains timeless that constituents cannot sue the wind for causing a wreck when it inevitably violates a " modern right to drive faster than permitted by the acda " by failing to warn them it knocked down a tree in a forest with many trees which all eventually fell. in this specific regard, jurisdictions which grant drivers the liberty to be fools from their own folly, are also condoning the collateral damage and life loss which is expected to occur. moreover, modern life - entrusting consumers of driving services and driverless cars who suffer such caused injury are left without legal remedy for foreseeable outcome of imprudent speed ; this in - turn unnecessarily transfers a substantive portion of the acda liability space into act of god, government claims, strict liability, or other findings from legal fiction which the justice system
Answer:
|
admissible as an admission.
| null |
Price sued Derrick for injuries Price received in an automobile accident. Price claims that Derrick was negligent in (a) exceeding the posted speed limit of 35 m.p.h., (b) failing to keep a lookout, and (c) crossing the center lineDerrick testified on his own behalf that he was going 30 m.p.h. On cross-examination, Price's counsel did not question Derrick with regard to his speed. Subsequently, Price's counsel calls Officer to testify that, in his investigation following the accident, Derrick told him that he was driving 40 m.p.h. Officer's testimony is
0. admissible as a prior inconsistent statement.
1. admissible as an admission.
2. inadmissible, because it lacks a foundation.
3. inadmissible, because it is hearsay, not within any exception
affected by driver's being blinded by lights other than those of a motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 760. wade r. habeeb ( c. 2009 ). " liability or recovery in automobile negligence action as affected by driver's being blinded by lights of motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 551. l. s. tellier ( 2011 ). " right and duty of motorist on through, favored, or arterial street or highway to proceed where lateral view at intersection is obstructed by physical obstacle ". american law reports - - annotated, 2nd series. vol. 59. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1202. " " assured clear distance " statute or rule as applied at hill or curve ". american law reports - - annotated. vol. 133. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 967. " application of " assured clear distance ahead " or " radius of lights " doctrine to accident involving pedestrian crossing the street or highway ". american law reports - - annotated, 2nd series. vol. 31. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1424. " driving automobile at speed which prevents stopping within range of vision as negligence ". american law reports - - annotated, 2nd series. vol. 44, 58, 87, 97. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1403 ; 1493 ; 900 ; 546. " driver's failure to maintain proper distance from motor vehicle ahead ". american law reports - - annotated, 2nd series. vol. 85. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 613. " motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west
a juror engaged in such reasoning would ignore evidence unless the evidence itself can ( or cannot ) be supported by the judgment of the ultimate fact. i. e., jurors would ignore naked statistics ( such as the rate of traffic ) because the identity of the responsible bus wouldn't prove or disprove the statistics, but jurors would consider the weight attendant's testimony because his testimony could be supported ( or not ) by the identity of the responsible bus. in two additional experiments, participants were presented with the tire tracks case or the tire tracks - belief case. both cases relied on the testimony of a transportation official who examined the prints of tire tracks and compared them to the buses from the two companies. in the tire tracks case, the official testified that the tracks matched 80 % of the blue bus company buses, and 20 % of the gray bus company buses. in the tire tracks - belief case, the official testified that he used a tire - matching technique that provides correct results 80 % of the time, and he believed that a specific blue bus was responsible for the accident. as before, participants reported an average 80 % probability that a blue bus struck the dog in both cases. however, the tire tracks participants tended not to judge against the blue bus company, while the tire tracks - belief participants did. subsequent research has led to the proposal of an " ease - of - simulation " mechanism being responsible for the effect. niedermeier, kerr, and messe ( 1999 ) argued that jurors in wells's experiments ruled in favor of the blue bus company when they had an easier time imagining that the gray bus company was responsible for the accident. they replicated the wells effect but also included manipulations that were meant to make it easier to imagine that a gray bus was responsible. for instance, their partial - match / simulation case was similar to wells's tire tracks - belief case, except the witness was cross - examined by the defense and admitted that it was possible that a gray bus caused the accident. the researchers also probed participants with new questions meant to measure the ease of this mental simulation ( e. g., " on an 11 - point scale, how easy it was to imagine that a grey bus company bus ran over the dog " ). in these experiments, participants were less likely to make a judgment against the blue bus company in cases where they had an easier time imagining that a gray bus was responsible for the accident, even though they reported an identical probability that a blue bus was
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 β 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 β 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 β 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 β 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 β 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 β 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 β 48, 162 β 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
beyond the proximate edge of clear visibility and choose such a speed accordingly, transfers classic common law liability from that driver for his or her " blind " actions. this duty to assure clear distance ahead is inevitably transferred, as an externality to everybody or thing else who must instead warn the driver, such as the government, its road engineers, and maintainers. as it is generally probable and foreseeable that, chance will permit, and at some point there will be an obstruction beyond some driver's line of sight, such an entitlement challenges centuries of precedent in negligence doctrine in addition to posing difficult policy and engineering challenges. it also violates the calculus of negligence because speed is an inherent factor in vehicular accidents which are a leading cause of priceless life loss and lawsuits, and the burden of a precautions speed is radically lower than the former. the assumption of risk resulting from the unsafe activity of driving faster than one can stop within one's vision, does not depend ex post facto on what you happened to hit, for which by nature you could not have known ; it could have been a moose or a luxury car. furthermore, modern times still provide no legal remedies for darwinian misfortune upon the entire class of unwarnable accidents where drivers and their passengers would not have collided into the likes of a moose, livestock, fallen tree, rock, jetsam, horse - drawn vehicle, stalled vehicle, school bus, garbage truck, mail carrier, snowplow, washout, snow drift, or slid off the road, were it not for their decisions to drive faster than dictated by the assured clear distance ahead. regardless of what behavior an authority might encourage by fabricating new rights, it remains timeless that constituents cannot sue the wind for causing a wreck when it inevitably violates a " modern right to drive faster than permitted by the acda " by failing to warn them it knocked down a tree in a forest with many trees which all eventually fell. in this specific regard, jurisdictions which grant drivers the liberty to be fools from their own folly, are also condoning the collateral damage and life loss which is expected to occur. moreover, modern life - entrusting consumers of driving services and driverless cars who suffer such caused injury are left without legal remedy for foreseeable outcome of imprudent speed ; this in - turn unnecessarily transfers a substantive portion of the acda liability space into act of god, government claims, strict liability, or other findings from legal fiction which the justice system
Answer:
|
inadmissible, because it is hearsay, not within any exception
| 0.3 |
Congress provides by statute that any state that fails to prohibit automobile speeds of over 55 miles per hour on highways within the state shall be denied all federal highway construction funding. The state of Atlantic, one of the richest and most highway-oriented states in the country, refuses to enact such a statuteWhich of the following potential plaintiffs is most likely to be able to obtain a judicial determination of the validity of this federal statute?
0. A taxpayer of the United States and the state of Atlantic who wants his state to get its fair share of federal tax monies for highways, and who fears that, if it does not, his state taxes will be increased to pay for the highway construction in the state of Atlantic that federal funds would have financed.
1. Contractors who have been awarded contracts by the state of Atlantic for specific highway construction projects, which contracts are contingent on payment to the state of the federal highway construction funds to which it would otherwise be entitled.
2. An automobile owner who lives in the state of Atlantic and regularly uses its highway system.
3. An organization dedicated to keeping the federal government within the powers granted it by the Constitution.
states have further passed statutes which require their courts to more inflexibly weigh the acda in their determination of reasonable speed or behavior. such statutes do so in part by designating acda violations as a citable driving offense, thus burdening an offending driver to rebut a presumption of negligence. states with such explicit acda standard of care provisions include : iowa, michigan, ohio, oklahoma, pennsylvania, and texas. states which apply the principle by statute to watercraft on navigable waterways include all 174 member states of the international maritime organization, notwithstanding membership : great britain and its common law inheriting commonwealth of nations, the united states, florida, hawaii, illinois, louisiana, michigan, montana, oregon, texas, and west virginia. most state - issued and some canadian driver handbooks instruct or mention the acda rule as required care or safe practice. explicit acda statutes and regulations, especially those of which create a citable driving or maritime offense, are aimed at preventing harm that could result from potentially negligent behavior β whereas the slightly more obscure common law acda doctrine is most easily invoked to remedy actual damages that have already occurred as a result of such negligence. unsafe speed statutes are immune from being void for vagueness when they contain explicit acda clauses. explicit and implicit acda rules govern millions of north american drivers. = = = = universal standard of care = = = = not all jurisdictions have applied the rule uniformly, most often differing over exceptions for specific " sudden emergencies ". there has been an increased interest in the acda codified as a universal standard of care that has been brought about by recent technological and social changes such as event data recorders, dashcams, self - driving cars, safe cities and multi - use movements, and a movement to reduce claims by speeders against governments for " dangerous conditions " when operating speeds exceed a road's inferred design speed. collision liability has historically benefited the law profession by being cloaked as a mixture of fact and law, but with edr's precisely preserving " a state of facts " often repeated with differing trial outcomes, collisions are less a question of fact, but of law. electronic access to precise edr data and rulings with new ideological modeling tools, can now expose judges as consistent political advocates for differing special road user interests. furthermore, the law needs to be clear, precise, and uniform at a national level for the panoply of automobile manufacturers with the strict liability for their programming of law - abiding
container port design process is a set of correlated practices considered during container port design, aiming to transfer general business mission into detailed design documents for future construction and operation. the design process involves both conceptual design and detailed design. = = funding = = the source of funding determines the mission and scope of the project. choices include federal funding ( subsidies ), state or local funding, and private funding. american ports require subsidies from the federal government in order to keep up with advances in maritime transportation as well as the capabilities of the inland freight movement. often, roughly 50 % of the costs every year come from federal sources. the american association of port authorities ( aapa ) is an association that aims at ensuring and increasing federal funds to american ports. a few federal bills which provide funding for ports are fixing america's surface transportation ( fast ) act : $ 11 billion in funding to assist in surface transportation improvements national highway freight program ( nhfp ) : at least $ 10 billion in funding reorganized for more efficient use in transportation improvements most often, the state's department of transportation ( dot ) is the largest state / local financier of public money investments. the dots see the ports as key elements in the systems of movement they are responsible for, such as railways and highways. investment from private entities is critical to the creation and execution of port activities. american ports are often run by private entities in the sense that day - to - day functions are financed and managed with the primary goal of creating revenue. the municipalities of the terminals are kept up by the port authority, but the equipment and infrastructure required for operations are under the private entities'power. with the creation of new ports, often public - private partnerships, otherwise known as 3p, are formed to bring in the upfront capital necessary for someone to take on the financial risk of operating a terminal. container terminals are no different in this sense from other types of terminals. = = cargo = = cargo determines the main function, transportation mode, and related characters required for the container port. in container port design, the object cargo is an intermodal container. containers are usually classified as 20 - foot and 40 - foot. 53 - foot containers were introduced and used both in the us and canada, mainly for domestic road and rail transport. = = vessels = = the type of vessel, its dimension, and capacity determine the required capacity for a port's input capacity, which involves berth design, water - borne handling equipment selection, and requirements for both storage and land - mode capacity. the characteristics of
started. a full range of tools for communication about project alternatives is used ( e. g., visualization ). = = history = = the initial guiding principles of css came out of the 1998 " thinking beyond the pavement " conference as a means to describe and foster transportation projects that preserve and enhance the natural and built environments along with economic and social assets for neighborhoods they pass through. in 2003, the federal highway administration announced that under one of its three vital few objectives ( environmental stewardship and streamlining ) they had a target goal of achieving css integration within all state departments of transportation by september 2007. the american association of state highway and transportation organizations ( aashto ) is now ( fall 2006 ) developing strategic goals and objectives for css which it describes as a " fundamental change in the way we do business. " one principal element of this change is the way transportation planners and engineers address speed. historically, the speed at which a vehicle can safely travel through the landscape has been regarded as a primary goal of transportation planning since it shortens travel time, saves money ( time is money ), and improves driver convenience. however, css recognizes that designing a facility for the maximum safe speed that is economically feasible can be detrimental to other community goals, and even to vehicle passengers themselves. css recognizes that the goal of transportation is social and economic exchange, which cannot occur at high speeds. instead, css attempts to identify, through a community - based process, a " target speed " that promotes the optimum amount of social and economic exchange, with lowest environmental impacts, that is appropriate for the context. thus, in cities, if higher vehicle speeds lower the amount of social exchange on a residential street ( fewer friends, less street life etc. ) then the street will be designed to encourage drivers to slow down so as not to reduce social exchange. in a similar manner, commercial streets will be designed to maximize commercial exchange and designed accordingly. in more rural areas where a primary goal is to move people and goods between human settlements, css can be compatible with much higher design speeds. setting a target speed that is appropriate for the context, and then designing roads, highway and streets to make it difficult for drivers to exceed that target speed, is a central css principle and represents a fundamental shift in transportation planning practice. = = see also = = transportation planning complete streets placemaking new urbanism transit - oriented development town meeting = = notes = = = = references = = maryland state highway administration, summary of thinking beyond the pavement conference,
past, making the financing of public highways a challenge. the multipurpose characteristics of highways, economic environment, and the advances in highway pricing technology are constantly changing. therefore, the approaches to highway financing, management, and maintenance are constantly changing as well. = = = environmental impact assessment = = = the economic growth of a community is dependent upon highway development to enhance mobility. however, improperly planned, designed, constructed, and maintained highways can disrupt the social and economic characteristics of any size community. common adverse impacts to highway development include damage of habitat and bio - diversity, creation of air and water pollution, noise and vibration generation, damage of natural landscape, and the destruction of a community's social and cultural structure. highway infrastructure must be constructed and maintained to high qualities and standards. there are three key steps for integrating environmental considerations into the planning, scheduling, construction, and maintenance of highways. this process is known as an environmental impact assessment, or eia, as it systematically deals with the following elements : identification of the full range of possible impacts on the natural and socio - economic environment evaluation and quantification of these impacts formulation of measures to avoid, mitigate, and compensate for the anticipated impacts. = = = highway safety = = = highway systems generate the highest price in human injury and death, as nearly 50 million persons are injured in traffic accidents every year, not including the 1. 2 million deaths. road traffic injury is the single leading cause of unintentional death in the first five decades of human life. management of safety is a systematic process that strives to reduce the occurrence and severity of traffic accidents. the man / machine interaction with road traffic systems is unstable and poses a challenge to highway safety management. the key for increasing the safety of highway systems is to design, build, and maintain them to be far more tolerant of the average range of this man / machine interaction with highways. technological advancements in highway engineering have improved the design, construction, and maintenance methods used over the years. these advancements have allowed for newer highway safety innovations. by ensuring that all situations and opportunities are identified, considered, and implemented as appropriate, they can be evaluated in every phase of highway planning, design, construction, maintenance, and operation to increase the safety of our highway systems. = = design = = the most appropriate location, alignment, and shape of a highway are selected during the design stage. highway design involves the consideration of three major factors ( human, vehicular, and roadway ) and how these factors interact to provide a
local, county, and regional levels. patrick leahy burlington international airport is the state's primary airport. = = = road = = = in 2012, there were 605, 000 vehicles registered, nearly one for every person. this is similar to average car ownership nationwide. in 2012, about half of greenhouse gas emissions in the state were from vehicles. in 2010, vermont owned 2, 840 miles ( 4, 570 km ) of highway. this was the third smallest quantity among the 50 states. 2. 5 % of the highways were listed as " congested ", the fifth lowest in the country. the highway fatality rate was one per 100, 000, 000 miles ( 160, 000, 000 km ), tenth lowest in the nation. the highways cost $ 28, 669 per mile ( $ 17, 814 / km ) to maintain, the 17th highest in the states. 34. 4 % of its 2, 691 bridges were rated deficient or obsolete, the eighth worst in the nation. a 2005 β 06 study ranked vermont 37th out of the states for " cost - effective road maintenance ", a decline of thirteen places since 2004 β 05. in 2007, vermont was ranked the third safest state for highway fatalities. one third of these fatal crashes involved a drunken driver. on average, 20 β 25 people die each year from drunk driving incidents, and 70 β 80 people are in fatal car crashes in the state. collisions with moose constitute a traffic threat, particularly in northern vermont, and cause several deaths per year. in 2009, 93 % of vermont motorists were insured, tying with pennsylvania for the highest percentage. in 2008, vermont was the fifth best state for fewest uninsured motorists at 6 %. trucks weighing less than 80, 000 pounds ( 36, 000 kg ) can use vermont's interstate highways. the limit for state roads is 99, 000 pounds ( 45, 000 kg ). this means that vehicles too heavy for the interstates can legally use only secondary roads. in 1968, vermont outlawed the use of billboards for advertisement along its roads. it is one of only four states in the u. s. to have done this, along with hawaii, maine, and alaska, and is a source of pride among vermonters. the consensus from the state's act 250 commission was that billboards obstruct and distract from scenic views of countryside, critical to vermont's pastoral image. = = = = major north β south routes = = = = interstate 89
Answer:
|
Contractors who have been awarded contracts by the state of Atlantic for specific highway construction projects, which contracts are contingent on payment to the state of the federal highway construction funds to which it would otherwise be entitled.
| null |
Congress provides by statute that any state that fails to prohibit automobile speeds of over 55 miles per hour on highways within the state shall be denied all federal highway construction funding. The state of Atlantic, one of the richest and most highway-oriented states in the country, refuses to enact such a statuteWhich of the following potential plaintiffs is most likely to be able to obtain a judicial determination of the validity of this federal statute?
0. A taxpayer of the United States and the state of Atlantic who wants his state to get its fair share of federal tax monies for highways, and who fears that, if it does not, his state taxes will be increased to pay for the highway construction in the state of Atlantic that federal funds would have financed.
1. Contractors who have been awarded contracts by the state of Atlantic for specific highway construction projects, which contracts are contingent on payment to the state of the federal highway construction funds to which it would otherwise be entitled.
2. An automobile owner who lives in the state of Atlantic and regularly uses its highway system.
3. An organization dedicated to keeping the federal government within the powers granted it by the Constitution.
states have further passed statutes which require their courts to more inflexibly weigh the acda in their determination of reasonable speed or behavior. such statutes do so in part by designating acda violations as a citable driving offense, thus burdening an offending driver to rebut a presumption of negligence. states with such explicit acda standard of care provisions include : iowa, michigan, ohio, oklahoma, pennsylvania, and texas. states which apply the principle by statute to watercraft on navigable waterways include all 174 member states of the international maritime organization, notwithstanding membership : great britain and its common law inheriting commonwealth of nations, the united states, florida, hawaii, illinois, louisiana, michigan, montana, oregon, texas, and west virginia. most state - issued and some canadian driver handbooks instruct or mention the acda rule as required care or safe practice. explicit acda statutes and regulations, especially those of which create a citable driving or maritime offense, are aimed at preventing harm that could result from potentially negligent behavior β whereas the slightly more obscure common law acda doctrine is most easily invoked to remedy actual damages that have already occurred as a result of such negligence. unsafe speed statutes are immune from being void for vagueness when they contain explicit acda clauses. explicit and implicit acda rules govern millions of north american drivers. = = = = universal standard of care = = = = not all jurisdictions have applied the rule uniformly, most often differing over exceptions for specific " sudden emergencies ". there has been an increased interest in the acda codified as a universal standard of care that has been brought about by recent technological and social changes such as event data recorders, dashcams, self - driving cars, safe cities and multi - use movements, and a movement to reduce claims by speeders against governments for " dangerous conditions " when operating speeds exceed a road's inferred design speed. collision liability has historically benefited the law profession by being cloaked as a mixture of fact and law, but with edr's precisely preserving " a state of facts " often repeated with differing trial outcomes, collisions are less a question of fact, but of law. electronic access to precise edr data and rulings with new ideological modeling tools, can now expose judges as consistent political advocates for differing special road user interests. furthermore, the law needs to be clear, precise, and uniform at a national level for the panoply of automobile manufacturers with the strict liability for their programming of law - abiding
container port design process is a set of correlated practices considered during container port design, aiming to transfer general business mission into detailed design documents for future construction and operation. the design process involves both conceptual design and detailed design. = = funding = = the source of funding determines the mission and scope of the project. choices include federal funding ( subsidies ), state or local funding, and private funding. american ports require subsidies from the federal government in order to keep up with advances in maritime transportation as well as the capabilities of the inland freight movement. often, roughly 50 % of the costs every year come from federal sources. the american association of port authorities ( aapa ) is an association that aims at ensuring and increasing federal funds to american ports. a few federal bills which provide funding for ports are fixing america's surface transportation ( fast ) act : $ 11 billion in funding to assist in surface transportation improvements national highway freight program ( nhfp ) : at least $ 10 billion in funding reorganized for more efficient use in transportation improvements most often, the state's department of transportation ( dot ) is the largest state / local financier of public money investments. the dots see the ports as key elements in the systems of movement they are responsible for, such as railways and highways. investment from private entities is critical to the creation and execution of port activities. american ports are often run by private entities in the sense that day - to - day functions are financed and managed with the primary goal of creating revenue. the municipalities of the terminals are kept up by the port authority, but the equipment and infrastructure required for operations are under the private entities'power. with the creation of new ports, often public - private partnerships, otherwise known as 3p, are formed to bring in the upfront capital necessary for someone to take on the financial risk of operating a terminal. container terminals are no different in this sense from other types of terminals. = = cargo = = cargo determines the main function, transportation mode, and related characters required for the container port. in container port design, the object cargo is an intermodal container. containers are usually classified as 20 - foot and 40 - foot. 53 - foot containers were introduced and used both in the us and canada, mainly for domestic road and rail transport. = = vessels = = the type of vessel, its dimension, and capacity determine the required capacity for a port's input capacity, which involves berth design, water - borne handling equipment selection, and requirements for both storage and land - mode capacity. the characteristics of
started. a full range of tools for communication about project alternatives is used ( e. g., visualization ). = = history = = the initial guiding principles of css came out of the 1998 " thinking beyond the pavement " conference as a means to describe and foster transportation projects that preserve and enhance the natural and built environments along with economic and social assets for neighborhoods they pass through. in 2003, the federal highway administration announced that under one of its three vital few objectives ( environmental stewardship and streamlining ) they had a target goal of achieving css integration within all state departments of transportation by september 2007. the american association of state highway and transportation organizations ( aashto ) is now ( fall 2006 ) developing strategic goals and objectives for css which it describes as a " fundamental change in the way we do business. " one principal element of this change is the way transportation planners and engineers address speed. historically, the speed at which a vehicle can safely travel through the landscape has been regarded as a primary goal of transportation planning since it shortens travel time, saves money ( time is money ), and improves driver convenience. however, css recognizes that designing a facility for the maximum safe speed that is economically feasible can be detrimental to other community goals, and even to vehicle passengers themselves. css recognizes that the goal of transportation is social and economic exchange, which cannot occur at high speeds. instead, css attempts to identify, through a community - based process, a " target speed " that promotes the optimum amount of social and economic exchange, with lowest environmental impacts, that is appropriate for the context. thus, in cities, if higher vehicle speeds lower the amount of social exchange on a residential street ( fewer friends, less street life etc. ) then the street will be designed to encourage drivers to slow down so as not to reduce social exchange. in a similar manner, commercial streets will be designed to maximize commercial exchange and designed accordingly. in more rural areas where a primary goal is to move people and goods between human settlements, css can be compatible with much higher design speeds. setting a target speed that is appropriate for the context, and then designing roads, highway and streets to make it difficult for drivers to exceed that target speed, is a central css principle and represents a fundamental shift in transportation planning practice. = = see also = = transportation planning complete streets placemaking new urbanism transit - oriented development town meeting = = notes = = = = references = = maryland state highway administration, summary of thinking beyond the pavement conference,
past, making the financing of public highways a challenge. the multipurpose characteristics of highways, economic environment, and the advances in highway pricing technology are constantly changing. therefore, the approaches to highway financing, management, and maintenance are constantly changing as well. = = = environmental impact assessment = = = the economic growth of a community is dependent upon highway development to enhance mobility. however, improperly planned, designed, constructed, and maintained highways can disrupt the social and economic characteristics of any size community. common adverse impacts to highway development include damage of habitat and bio - diversity, creation of air and water pollution, noise and vibration generation, damage of natural landscape, and the destruction of a community's social and cultural structure. highway infrastructure must be constructed and maintained to high qualities and standards. there are three key steps for integrating environmental considerations into the planning, scheduling, construction, and maintenance of highways. this process is known as an environmental impact assessment, or eia, as it systematically deals with the following elements : identification of the full range of possible impacts on the natural and socio - economic environment evaluation and quantification of these impacts formulation of measures to avoid, mitigate, and compensate for the anticipated impacts. = = = highway safety = = = highway systems generate the highest price in human injury and death, as nearly 50 million persons are injured in traffic accidents every year, not including the 1. 2 million deaths. road traffic injury is the single leading cause of unintentional death in the first five decades of human life. management of safety is a systematic process that strives to reduce the occurrence and severity of traffic accidents. the man / machine interaction with road traffic systems is unstable and poses a challenge to highway safety management. the key for increasing the safety of highway systems is to design, build, and maintain them to be far more tolerant of the average range of this man / machine interaction with highways. technological advancements in highway engineering have improved the design, construction, and maintenance methods used over the years. these advancements have allowed for newer highway safety innovations. by ensuring that all situations and opportunities are identified, considered, and implemented as appropriate, they can be evaluated in every phase of highway planning, design, construction, maintenance, and operation to increase the safety of our highway systems. = = design = = the most appropriate location, alignment, and shape of a highway are selected during the design stage. highway design involves the consideration of three major factors ( human, vehicular, and roadway ) and how these factors interact to provide a
local, county, and regional levels. patrick leahy burlington international airport is the state's primary airport. = = = road = = = in 2012, there were 605, 000 vehicles registered, nearly one for every person. this is similar to average car ownership nationwide. in 2012, about half of greenhouse gas emissions in the state were from vehicles. in 2010, vermont owned 2, 840 miles ( 4, 570 km ) of highway. this was the third smallest quantity among the 50 states. 2. 5 % of the highways were listed as " congested ", the fifth lowest in the country. the highway fatality rate was one per 100, 000, 000 miles ( 160, 000, 000 km ), tenth lowest in the nation. the highways cost $ 28, 669 per mile ( $ 17, 814 / km ) to maintain, the 17th highest in the states. 34. 4 % of its 2, 691 bridges were rated deficient or obsolete, the eighth worst in the nation. a 2005 β 06 study ranked vermont 37th out of the states for " cost - effective road maintenance ", a decline of thirteen places since 2004 β 05. in 2007, vermont was ranked the third safest state for highway fatalities. one third of these fatal crashes involved a drunken driver. on average, 20 β 25 people die each year from drunk driving incidents, and 70 β 80 people are in fatal car crashes in the state. collisions with moose constitute a traffic threat, particularly in northern vermont, and cause several deaths per year. in 2009, 93 % of vermont motorists were insured, tying with pennsylvania for the highest percentage. in 2008, vermont was the fifth best state for fewest uninsured motorists at 6 %. trucks weighing less than 80, 000 pounds ( 36, 000 kg ) can use vermont's interstate highways. the limit for state roads is 99, 000 pounds ( 45, 000 kg ). this means that vehicles too heavy for the interstates can legally use only secondary roads. in 1968, vermont outlawed the use of billboards for advertisement along its roads. it is one of only four states in the u. s. to have done this, along with hawaii, maine, and alaska, and is a source of pride among vermonters. the consensus from the state's act 250 commission was that billboards obstruct and distract from scenic views of countryside, critical to vermont's pastoral image. = = = = major north β south routes = = = = interstate 89
Answer:
|
A taxpayer of the United States and the state of Atlantic who wants his state to get its fair share of federal tax monies for highways, and who fears that, if it does not, his state taxes will be increased to pay for the highway construction in the state of Atlantic that federal funds would have financed.
| 0.3 |
Congress provides by statute that any state that fails to prohibit automobile speeds of over 55 miles per hour on highways within the state shall be denied all federal highway construction funding. The state of Atlantic, one of the richest and most highway-oriented states in the country, refuses to enact such a statuteThe strongest argument that can be made in support of the constitutionality of this federal statute is that
0. the states ceded their authority over highways to the national government when the states accepted federal grants to help finance their highways.
1. the federal government can regulate the use of state highways without limitation because the federal government paid for some of their construction costs.
2. Congress could reasonably believe that the 55-m.p.h. speed limit will assure that the federal money spent on highways results in greater benefit than harm to the public.
3. a recent public opinion survey demonstrated that 90 percent of the people in this country support a 55-m.p.h. speed limi
are challenged by the concept of unsafe speed because they find it vague and arbitrary. it is well known that people instead resolve such challenges by attribute substitution, which in this case can mean simply emulating the behaviors of others. in accord with the cultural theory of risk, indeed a substantial part of a driver's risk perception comes from comparing their contemplated conduct to the behavior of others ; this includes the safeness of a given speed, notwithstanding the actual risk. as a result of this uncorrected vagueness, group behavior can often be in opposition to safe speed and still be governing a hazardous posted speed limit. by federal law, posted speed limits are generally within 5 mph of the 85th - percentile speed of free - flowing traffic. functionality, this amounts to citizens " voting " a street's speed limit with their gas pedal from the influence of groupshift. as people generally follow explicit rules all the time of which they do not agree, it is often simply a jurisdiction's failure in their law to sufficiently quantify and disseminate fair notice of an explicit standard of care, such as the acda rule. most dmv driver manuals teach the practice, but far fewer states explicitly back it up in their actual statutes and law enforcement. if drivers were mindful of the acda, the operating speed would by definition not exceed the inferred design speed. in some cases, police focused on driving while " influenced ", pull over slower quartile sober night - time drivers moving no faster than they can stop within the radius of their headlights ; this discourages adjusting speed downward from anything but the posted " maximum speed " permitted by law β which is determined as previously described. it is often unsafe or illegal to drive in excess of 40 β 50 mph at night. = = " assurance " beyond proximate edge of clear visibility as transference of liability = = a general principle in liability doctrine is than an accident which would not have occurred except for the action or inaction of some person or entity contrary to a duty such as the exercise of proper care was the result of negligence. the liability space from which one can recover is typically, themselves, other parties, or nobody. jurisdictional exceptions permitting one to legally take " assurance " that the distance will be clear beyond the proximate edge of clear visibility and choose such a speed accordingly, transfers classic common law liability from that driver for his or her " blind " actions. this duty to assure clear distance ahead is inevitably transferred, as an externality to everybody
states have further passed statutes which require their courts to more inflexibly weigh the acda in their determination of reasonable speed or behavior. such statutes do so in part by designating acda violations as a citable driving offense, thus burdening an offending driver to rebut a presumption of negligence. states with such explicit acda standard of care provisions include : iowa, michigan, ohio, oklahoma, pennsylvania, and texas. states which apply the principle by statute to watercraft on navigable waterways include all 174 member states of the international maritime organization, notwithstanding membership : great britain and its common law inheriting commonwealth of nations, the united states, florida, hawaii, illinois, louisiana, michigan, montana, oregon, texas, and west virginia. most state - issued and some canadian driver handbooks instruct or mention the acda rule as required care or safe practice. explicit acda statutes and regulations, especially those of which create a citable driving or maritime offense, are aimed at preventing harm that could result from potentially negligent behavior β whereas the slightly more obscure common law acda doctrine is most easily invoked to remedy actual damages that have already occurred as a result of such negligence. unsafe speed statutes are immune from being void for vagueness when they contain explicit acda clauses. explicit and implicit acda rules govern millions of north american drivers. = = = = universal standard of care = = = = not all jurisdictions have applied the rule uniformly, most often differing over exceptions for specific " sudden emergencies ". there has been an increased interest in the acda codified as a universal standard of care that has been brought about by recent technological and social changes such as event data recorders, dashcams, self - driving cars, safe cities and multi - use movements, and a movement to reduce claims by speeders against governments for " dangerous conditions " when operating speeds exceed a road's inferred design speed. collision liability has historically benefited the law profession by being cloaked as a mixture of fact and law, but with edr's precisely preserving " a state of facts " often repeated with differing trial outcomes, collisions are less a question of fact, but of law. electronic access to precise edr data and rulings with new ideological modeling tools, can now expose judges as consistent political advocates for differing special road user interests. furthermore, the law needs to be clear, precise, and uniform at a national level for the panoply of automobile manufacturers with the strict liability for their programming of law - abiding
started. a full range of tools for communication about project alternatives is used ( e. g., visualization ). = = history = = the initial guiding principles of css came out of the 1998 " thinking beyond the pavement " conference as a means to describe and foster transportation projects that preserve and enhance the natural and built environments along with economic and social assets for neighborhoods they pass through. in 2003, the federal highway administration announced that under one of its three vital few objectives ( environmental stewardship and streamlining ) they had a target goal of achieving css integration within all state departments of transportation by september 2007. the american association of state highway and transportation organizations ( aashto ) is now ( fall 2006 ) developing strategic goals and objectives for css which it describes as a " fundamental change in the way we do business. " one principal element of this change is the way transportation planners and engineers address speed. historically, the speed at which a vehicle can safely travel through the landscape has been regarded as a primary goal of transportation planning since it shortens travel time, saves money ( time is money ), and improves driver convenience. however, css recognizes that designing a facility for the maximum safe speed that is economically feasible can be detrimental to other community goals, and even to vehicle passengers themselves. css recognizes that the goal of transportation is social and economic exchange, which cannot occur at high speeds. instead, css attempts to identify, through a community - based process, a " target speed " that promotes the optimum amount of social and economic exchange, with lowest environmental impacts, that is appropriate for the context. thus, in cities, if higher vehicle speeds lower the amount of social exchange on a residential street ( fewer friends, less street life etc. ) then the street will be designed to encourage drivers to slow down so as not to reduce social exchange. in a similar manner, commercial streets will be designed to maximize commercial exchange and designed accordingly. in more rural areas where a primary goal is to move people and goods between human settlements, css can be compatible with much higher design speeds. setting a target speed that is appropriate for the context, and then designing roads, highway and streets to make it difficult for drivers to exceed that target speed, is a central css principle and represents a fundamental shift in transportation planning practice. = = see also = = transportation planning complete streets placemaking new urbanism transit - oriented development town meeting = = notes = = = = references = = maryland state highway administration, summary of thinking beyond the pavement conference,
such a curvature as not to hide hazards close behind its crests. discretion for drivers and pedestrians to enter onto a potentially occupied lane from a side street must be assuredly eliminated such as with fences, merge lanes, or signalized access. there must also be an assurance of no opportunity for animals and debris to enter from side lots, and that there are continuous multi - hourly maintenance patrols performed. furthermore, such road sections must be distinguished from other roads so that the driver could clearly and immediately know when he or she may or may not take such extended " assurance ". few roads might meet these requirements except some of the highest functional classification controlled - access highways such as freeways and autobahns. even if such criteria are met, the law must also exempt driver liability for maintaining clear distance ahead. in most democracies, such liability for failures of the distance to remain clear beyond line of sight would ultimately be transferred to its taxpayers. this only generally occurs when governments have been tasked by constituents or their courts to take the responsibly to design and maintain roadways that " assure " the distance will be clear beyond the proximate edge of clear visibility. pressures to make such changes may arise from cultural normalization of deviance and unnecessary risk, misunderstanding the purpose of the road functional classification system, underestimation of increased risk, and reclamation of commute time. one of the greatest difficulties created by such an extension of the acda is the frequency at which roads reduce their functional classification unbeknownst to drivers who continue unaware they have lost this extended " assurance " or do not understand the difference. such nuance in applicable jurisdictions is a prolific source of accidents. in the united states, there is no explicit road marking promising clear distance beyond line of sight in the manual on uniform traffic control devices, although there are signs communicating " limited sight distance ", " hill blocks view ", " crossroad ahead ", and " freeway ends ". a partial solution to this challenge is to remove driver discretion in determining whether the acda is extended beyond line of sight, by explicitly designating this law change to certain marked high functional classification roadways having meet strict engineering criteria. the acda rule is analogous to aviation visual flight rules, and its discussed exception β allowed only in a well regulated control zone β is analogous to instrument flight rules. unlike both visual and instrumental flight rules, where federal and international administrative law applies seamlessly and uniformly across the states, the acda rule governing ground transportation is relatively variegated across states and judicial
exclude coverage for commercial use of insured vehicles either through a livery and public transportation exclusion or a specific " personal vehicle sharing program " exclusion, in 2011, california was the first u. s. state to pass assembly bill 1871, which allowed private car sharing. several other states in the u. s. have passed legislation allowing individuals to share their cars without risk of losing their personal car insurance. these include california, oregon, washington, maryland, and colorado. = = prohibitions = = in the u. s., new york is the only state that does not allow peer - to - peer car rental because the owner cannot exclude him or herself from liability to a renter. = = ecological impact = = peer - to - peer car sharing has the potential to reduce the number of vehicles on the road and lower pollution levels. = = see also = = = = notes and references = =
Answer:
|
Congress could reasonably believe that the 55-m.p.h. speed limit will assure that the federal money spent on highways results in greater benefit than harm to the public.
| null |
Congress provides by statute that any state that fails to prohibit automobile speeds of over 55 miles per hour on highways within the state shall be denied all federal highway construction funding. The state of Atlantic, one of the richest and most highway-oriented states in the country, refuses to enact such a statuteThe strongest argument that can be made in support of the constitutionality of this federal statute is that
0. the states ceded their authority over highways to the national government when the states accepted federal grants to help finance their highways.
1. the federal government can regulate the use of state highways without limitation because the federal government paid for some of their construction costs.
2. Congress could reasonably believe that the 55-m.p.h. speed limit will assure that the federal money spent on highways results in greater benefit than harm to the public.
3. a recent public opinion survey demonstrated that 90 percent of the people in this country support a 55-m.p.h. speed limi
are challenged by the concept of unsafe speed because they find it vague and arbitrary. it is well known that people instead resolve such challenges by attribute substitution, which in this case can mean simply emulating the behaviors of others. in accord with the cultural theory of risk, indeed a substantial part of a driver's risk perception comes from comparing their contemplated conduct to the behavior of others ; this includes the safeness of a given speed, notwithstanding the actual risk. as a result of this uncorrected vagueness, group behavior can often be in opposition to safe speed and still be governing a hazardous posted speed limit. by federal law, posted speed limits are generally within 5 mph of the 85th - percentile speed of free - flowing traffic. functionality, this amounts to citizens " voting " a street's speed limit with their gas pedal from the influence of groupshift. as people generally follow explicit rules all the time of which they do not agree, it is often simply a jurisdiction's failure in their law to sufficiently quantify and disseminate fair notice of an explicit standard of care, such as the acda rule. most dmv driver manuals teach the practice, but far fewer states explicitly back it up in their actual statutes and law enforcement. if drivers were mindful of the acda, the operating speed would by definition not exceed the inferred design speed. in some cases, police focused on driving while " influenced ", pull over slower quartile sober night - time drivers moving no faster than they can stop within the radius of their headlights ; this discourages adjusting speed downward from anything but the posted " maximum speed " permitted by law β which is determined as previously described. it is often unsafe or illegal to drive in excess of 40 β 50 mph at night. = = " assurance " beyond proximate edge of clear visibility as transference of liability = = a general principle in liability doctrine is than an accident which would not have occurred except for the action or inaction of some person or entity contrary to a duty such as the exercise of proper care was the result of negligence. the liability space from which one can recover is typically, themselves, other parties, or nobody. jurisdictional exceptions permitting one to legally take " assurance " that the distance will be clear beyond the proximate edge of clear visibility and choose such a speed accordingly, transfers classic common law liability from that driver for his or her " blind " actions. this duty to assure clear distance ahead is inevitably transferred, as an externality to everybody
states have further passed statutes which require their courts to more inflexibly weigh the acda in their determination of reasonable speed or behavior. such statutes do so in part by designating acda violations as a citable driving offense, thus burdening an offending driver to rebut a presumption of negligence. states with such explicit acda standard of care provisions include : iowa, michigan, ohio, oklahoma, pennsylvania, and texas. states which apply the principle by statute to watercraft on navigable waterways include all 174 member states of the international maritime organization, notwithstanding membership : great britain and its common law inheriting commonwealth of nations, the united states, florida, hawaii, illinois, louisiana, michigan, montana, oregon, texas, and west virginia. most state - issued and some canadian driver handbooks instruct or mention the acda rule as required care or safe practice. explicit acda statutes and regulations, especially those of which create a citable driving or maritime offense, are aimed at preventing harm that could result from potentially negligent behavior β whereas the slightly more obscure common law acda doctrine is most easily invoked to remedy actual damages that have already occurred as a result of such negligence. unsafe speed statutes are immune from being void for vagueness when they contain explicit acda clauses. explicit and implicit acda rules govern millions of north american drivers. = = = = universal standard of care = = = = not all jurisdictions have applied the rule uniformly, most often differing over exceptions for specific " sudden emergencies ". there has been an increased interest in the acda codified as a universal standard of care that has been brought about by recent technological and social changes such as event data recorders, dashcams, self - driving cars, safe cities and multi - use movements, and a movement to reduce claims by speeders against governments for " dangerous conditions " when operating speeds exceed a road's inferred design speed. collision liability has historically benefited the law profession by being cloaked as a mixture of fact and law, but with edr's precisely preserving " a state of facts " often repeated with differing trial outcomes, collisions are less a question of fact, but of law. electronic access to precise edr data and rulings with new ideological modeling tools, can now expose judges as consistent political advocates for differing special road user interests. furthermore, the law needs to be clear, precise, and uniform at a national level for the panoply of automobile manufacturers with the strict liability for their programming of law - abiding
started. a full range of tools for communication about project alternatives is used ( e. g., visualization ). = = history = = the initial guiding principles of css came out of the 1998 " thinking beyond the pavement " conference as a means to describe and foster transportation projects that preserve and enhance the natural and built environments along with economic and social assets for neighborhoods they pass through. in 2003, the federal highway administration announced that under one of its three vital few objectives ( environmental stewardship and streamlining ) they had a target goal of achieving css integration within all state departments of transportation by september 2007. the american association of state highway and transportation organizations ( aashto ) is now ( fall 2006 ) developing strategic goals and objectives for css which it describes as a " fundamental change in the way we do business. " one principal element of this change is the way transportation planners and engineers address speed. historically, the speed at which a vehicle can safely travel through the landscape has been regarded as a primary goal of transportation planning since it shortens travel time, saves money ( time is money ), and improves driver convenience. however, css recognizes that designing a facility for the maximum safe speed that is economically feasible can be detrimental to other community goals, and even to vehicle passengers themselves. css recognizes that the goal of transportation is social and economic exchange, which cannot occur at high speeds. instead, css attempts to identify, through a community - based process, a " target speed " that promotes the optimum amount of social and economic exchange, with lowest environmental impacts, that is appropriate for the context. thus, in cities, if higher vehicle speeds lower the amount of social exchange on a residential street ( fewer friends, less street life etc. ) then the street will be designed to encourage drivers to slow down so as not to reduce social exchange. in a similar manner, commercial streets will be designed to maximize commercial exchange and designed accordingly. in more rural areas where a primary goal is to move people and goods between human settlements, css can be compatible with much higher design speeds. setting a target speed that is appropriate for the context, and then designing roads, highway and streets to make it difficult for drivers to exceed that target speed, is a central css principle and represents a fundamental shift in transportation planning practice. = = see also = = transportation planning complete streets placemaking new urbanism transit - oriented development town meeting = = notes = = = = references = = maryland state highway administration, summary of thinking beyond the pavement conference,
such a curvature as not to hide hazards close behind its crests. discretion for drivers and pedestrians to enter onto a potentially occupied lane from a side street must be assuredly eliminated such as with fences, merge lanes, or signalized access. there must also be an assurance of no opportunity for animals and debris to enter from side lots, and that there are continuous multi - hourly maintenance patrols performed. furthermore, such road sections must be distinguished from other roads so that the driver could clearly and immediately know when he or she may or may not take such extended " assurance ". few roads might meet these requirements except some of the highest functional classification controlled - access highways such as freeways and autobahns. even if such criteria are met, the law must also exempt driver liability for maintaining clear distance ahead. in most democracies, such liability for failures of the distance to remain clear beyond line of sight would ultimately be transferred to its taxpayers. this only generally occurs when governments have been tasked by constituents or their courts to take the responsibly to design and maintain roadways that " assure " the distance will be clear beyond the proximate edge of clear visibility. pressures to make such changes may arise from cultural normalization of deviance and unnecessary risk, misunderstanding the purpose of the road functional classification system, underestimation of increased risk, and reclamation of commute time. one of the greatest difficulties created by such an extension of the acda is the frequency at which roads reduce their functional classification unbeknownst to drivers who continue unaware they have lost this extended " assurance " or do not understand the difference. such nuance in applicable jurisdictions is a prolific source of accidents. in the united states, there is no explicit road marking promising clear distance beyond line of sight in the manual on uniform traffic control devices, although there are signs communicating " limited sight distance ", " hill blocks view ", " crossroad ahead ", and " freeway ends ". a partial solution to this challenge is to remove driver discretion in determining whether the acda is extended beyond line of sight, by explicitly designating this law change to certain marked high functional classification roadways having meet strict engineering criteria. the acda rule is analogous to aviation visual flight rules, and its discussed exception β allowed only in a well regulated control zone β is analogous to instrument flight rules. unlike both visual and instrumental flight rules, where federal and international administrative law applies seamlessly and uniformly across the states, the acda rule governing ground transportation is relatively variegated across states and judicial
exclude coverage for commercial use of insured vehicles either through a livery and public transportation exclusion or a specific " personal vehicle sharing program " exclusion, in 2011, california was the first u. s. state to pass assembly bill 1871, which allowed private car sharing. several other states in the u. s. have passed legislation allowing individuals to share their cars without risk of losing their personal car insurance. these include california, oregon, washington, maryland, and colorado. = = prohibitions = = in the u. s., new york is the only state that does not allow peer - to - peer car rental because the owner cannot exclude him or herself from liability to a renter. = = ecological impact = = peer - to - peer car sharing has the potential to reduce the number of vehicles on the road and lower pollution levels. = = see also = = = = notes and references = =
Answer:
|
the federal government can regulate the use of state highways without limitation because the federal government paid for some of their construction costs.
| 0.3 |
Congress provides by statute that any state that fails to prohibit automobile speeds of over 55 miles per hour on highways within the state shall be denied all federal highway construction funding. The state of Atlantic, one of the richest and most highway-oriented states in the country, refuses to enact such a statuteThe federal statute relating to disbursement of highway funds conditioned on the 55-m.p.h. speed limit is probably
0. unconstitutional.
1. constitutional only on the basis of the spending power.
2. constitutional only on the basis of the commerce power.
3. constitutional on the basis of both the spending power and the commerce power
states have further passed statutes which require their courts to more inflexibly weigh the acda in their determination of reasonable speed or behavior. such statutes do so in part by designating acda violations as a citable driving offense, thus burdening an offending driver to rebut a presumption of negligence. states with such explicit acda standard of care provisions include : iowa, michigan, ohio, oklahoma, pennsylvania, and texas. states which apply the principle by statute to watercraft on navigable waterways include all 174 member states of the international maritime organization, notwithstanding membership : great britain and its common law inheriting commonwealth of nations, the united states, florida, hawaii, illinois, louisiana, michigan, montana, oregon, texas, and west virginia. most state - issued and some canadian driver handbooks instruct or mention the acda rule as required care or safe practice. explicit acda statutes and regulations, especially those of which create a citable driving or maritime offense, are aimed at preventing harm that could result from potentially negligent behavior β whereas the slightly more obscure common law acda doctrine is most easily invoked to remedy actual damages that have already occurred as a result of such negligence. unsafe speed statutes are immune from being void for vagueness when they contain explicit acda clauses. explicit and implicit acda rules govern millions of north american drivers. = = = = universal standard of care = = = = not all jurisdictions have applied the rule uniformly, most often differing over exceptions for specific " sudden emergencies ". there has been an increased interest in the acda codified as a universal standard of care that has been brought about by recent technological and social changes such as event data recorders, dashcams, self - driving cars, safe cities and multi - use movements, and a movement to reduce claims by speeders against governments for " dangerous conditions " when operating speeds exceed a road's inferred design speed. collision liability has historically benefited the law profession by being cloaked as a mixture of fact and law, but with edr's precisely preserving " a state of facts " often repeated with differing trial outcomes, collisions are less a question of fact, but of law. electronic access to precise edr data and rulings with new ideological modeling tools, can now expose judges as consistent political advocates for differing special road user interests. furthermore, the law needs to be clear, precise, and uniform at a national level for the panoply of automobile manufacturers with the strict liability for their programming of law - abiding
are challenged by the concept of unsafe speed because they find it vague and arbitrary. it is well known that people instead resolve such challenges by attribute substitution, which in this case can mean simply emulating the behaviors of others. in accord with the cultural theory of risk, indeed a substantial part of a driver's risk perception comes from comparing their contemplated conduct to the behavior of others ; this includes the safeness of a given speed, notwithstanding the actual risk. as a result of this uncorrected vagueness, group behavior can often be in opposition to safe speed and still be governing a hazardous posted speed limit. by federal law, posted speed limits are generally within 5 mph of the 85th - percentile speed of free - flowing traffic. functionality, this amounts to citizens " voting " a street's speed limit with their gas pedal from the influence of groupshift. as people generally follow explicit rules all the time of which they do not agree, it is often simply a jurisdiction's failure in their law to sufficiently quantify and disseminate fair notice of an explicit standard of care, such as the acda rule. most dmv driver manuals teach the practice, but far fewer states explicitly back it up in their actual statutes and law enforcement. if drivers were mindful of the acda, the operating speed would by definition not exceed the inferred design speed. in some cases, police focused on driving while " influenced ", pull over slower quartile sober night - time drivers moving no faster than they can stop within the radius of their headlights ; this discourages adjusting speed downward from anything but the posted " maximum speed " permitted by law β which is determined as previously described. it is often unsafe or illegal to drive in excess of 40 β 50 mph at night. = = " assurance " beyond proximate edge of clear visibility as transference of liability = = a general principle in liability doctrine is than an accident which would not have occurred except for the action or inaction of some person or entity contrary to a duty such as the exercise of proper care was the result of negligence. the liability space from which one can recover is typically, themselves, other parties, or nobody. jurisdictional exceptions permitting one to legally take " assurance " that the distance will be clear beyond the proximate edge of clear visibility and choose such a speed accordingly, transfers classic common law liability from that driver for his or her " blind " actions. this duty to assure clear distance ahead is inevitably transferred, as an externality to everybody
for a noise ordinance. excess non - occupational noise exposure, hearing loss on both public and private property, speech interference on both public and private property, audio interference on both public and private property, and sleep interference on mostly private property. = = = some legal considerations in the united states = = = there are several fundamental issues that shape the legality, effectiveness and enforceability of any community noise regulation. = = = = preemption = = = = the federal government has preempted certain areas of noise regulation. they can be found in the code of federal regulations under the epa noise abatement programs ; parts 201 to 205 and 211 cover railroads, motor carriers in interstate commerce, construction equipment, and motor vehicles. they require product labeling and prohibit tampering with noise control devices. communities may enact regulations that are no more strict than the federal ones so that local enforcement can be carried out. they can enact curfews and restrict vehicle use in established zones such as residential. any restriction on interstate motor carriers or railroads may not be for the purpose of noise control. states have police powers granted by the constitution. they may also enact regulations that are no more strict than federal regulations. they may also preempt local ordinances. california and new jersey have comprehensive noise codes that communities must meet. many states required that local ordinances be no more strict than the state code whether such code exists or not. one relatively common preemption is protection of shooting ranges from noise regulation or litigation and right to farm laws that protect agricultural areas from nuisance litigation by encroaching residential areas. = = = = constitutional vagueness = = = = in one state court case, the court declared that numerical sound levels were constitutional as not void for vagueness, as the term plainly audible provided it was associated with a reasonable distance. two requirements for a noise ordinance provision is that : provide fair warning avoid the possibility of arbitrary enforcement = = = = overbreadth = = = = in one supreme court case the court ruled that the specificity of the city ordinance regulating school verbal protests was not constitutionally vague, gave fair warning, and was not an invitation to arbitrary enforcement and so was not overbroad, despite the implied limitation on free speech. = = = = nuisance = = = = nuisance law applies to both community noise regulation as well as private suits brought to court to reduce noise impact. = = = = enforceability = = = = care must be taken in writing a subjective noise provision so that
limited sound output at half mater to 115 db ( a ), and no more than 105 db ( a ) at 50 feet. = = = = motor vehicle sound systems = = = = this provision is both an objective emission control, a subjective emission control, and a subjective immission for vehicles on a public right - of - way. the first part limits the system sound level at a fixed distance. the second part uses the plainly audible definition for limiting the sound output. the third part uses the noise disturbance definition to limit the impact on neighboring properties and can be applied within public transportation. the most restrictive application of the plainly audible laws says that the sound cannot be audible to anyone other than the vehicle occupants. there are numerous state and community restrictions on vehicle sound systems. louisiana prohibits the system from emitting sound outside of a vehicle. richmond, ca also prohibits the sound from being audible outside the vehicle. oregon prohibits sound systems being plainly audible at 50 feet. california prohibits sound systems that can be heard at 50 feet. colorado springs, co, requires a measurement at 25 feet beyond the private property line or 25 feet from the source on public property ; it does not specify a limiting level. in lakewood, co it must not be plainly audible beyond 25 feet. in los angeles, ca, it cannot be audible beyond 200 feet. in seattle, wa, it must not be plainly audible at 75 feet. chicago restricts levels to less than clearly audible at 75 feet. minneapolis, mn restricts levels to less than audible at 50 feet. albuquerque, nm restricts plainly audible to 25 feet, but also applies their land use limits. cincinnati, oh restricts plainly audible to 50 feet. dallas, tx prohibits sound or vibration that is detectable at 30 feet, or that violates the land use regulations. houston, tx applies land use restrictions. omaha, ne states the sound must not be audible at 100 feet. hammond, in restricts plainly audible to 25 feet. new jersey states the sound must not be plainly audible at 50 feet between 8 am and 10 pm and not plainly audible at 25 feet between 10 pm and 8 am. florida states the sound must not be plainly audible at 25 feet, but exempts business and political systems. oregon and tennessee state that the sound must not be plainly audible beyond 50 feet, as does fairbanks, ak. rhode island specifically addresses low frequency sound that can be heard 20 feet from a closed vehicle or 100 feet otherwise. salt lake county health department, ut considers the sound a violation if it is plainly audible on
started. a full range of tools for communication about project alternatives is used ( e. g., visualization ). = = history = = the initial guiding principles of css came out of the 1998 " thinking beyond the pavement " conference as a means to describe and foster transportation projects that preserve and enhance the natural and built environments along with economic and social assets for neighborhoods they pass through. in 2003, the federal highway administration announced that under one of its three vital few objectives ( environmental stewardship and streamlining ) they had a target goal of achieving css integration within all state departments of transportation by september 2007. the american association of state highway and transportation organizations ( aashto ) is now ( fall 2006 ) developing strategic goals and objectives for css which it describes as a " fundamental change in the way we do business. " one principal element of this change is the way transportation planners and engineers address speed. historically, the speed at which a vehicle can safely travel through the landscape has been regarded as a primary goal of transportation planning since it shortens travel time, saves money ( time is money ), and improves driver convenience. however, css recognizes that designing a facility for the maximum safe speed that is economically feasible can be detrimental to other community goals, and even to vehicle passengers themselves. css recognizes that the goal of transportation is social and economic exchange, which cannot occur at high speeds. instead, css attempts to identify, through a community - based process, a " target speed " that promotes the optimum amount of social and economic exchange, with lowest environmental impacts, that is appropriate for the context. thus, in cities, if higher vehicle speeds lower the amount of social exchange on a residential street ( fewer friends, less street life etc. ) then the street will be designed to encourage drivers to slow down so as not to reduce social exchange. in a similar manner, commercial streets will be designed to maximize commercial exchange and designed accordingly. in more rural areas where a primary goal is to move people and goods between human settlements, css can be compatible with much higher design speeds. setting a target speed that is appropriate for the context, and then designing roads, highway and streets to make it difficult for drivers to exceed that target speed, is a central css principle and represents a fundamental shift in transportation planning practice. = = see also = = transportation planning complete streets placemaking new urbanism transit - oriented development town meeting = = notes = = = = references = = maryland state highway administration, summary of thinking beyond the pavement conference,
Answer:
|
constitutional on the basis of both the spending power and the commerce power
| null |
Congress provides by statute that any state that fails to prohibit automobile speeds of over 55 miles per hour on highways within the state shall be denied all federal highway construction funding. The state of Atlantic, one of the richest and most highway-oriented states in the country, refuses to enact such a statuteThe federal statute relating to disbursement of highway funds conditioned on the 55-m.p.h. speed limit is probably
0. unconstitutional.
1. constitutional only on the basis of the spending power.
2. constitutional only on the basis of the commerce power.
3. constitutional on the basis of both the spending power and the commerce power
states have further passed statutes which require their courts to more inflexibly weigh the acda in their determination of reasonable speed or behavior. such statutes do so in part by designating acda violations as a citable driving offense, thus burdening an offending driver to rebut a presumption of negligence. states with such explicit acda standard of care provisions include : iowa, michigan, ohio, oklahoma, pennsylvania, and texas. states which apply the principle by statute to watercraft on navigable waterways include all 174 member states of the international maritime organization, notwithstanding membership : great britain and its common law inheriting commonwealth of nations, the united states, florida, hawaii, illinois, louisiana, michigan, montana, oregon, texas, and west virginia. most state - issued and some canadian driver handbooks instruct or mention the acda rule as required care or safe practice. explicit acda statutes and regulations, especially those of which create a citable driving or maritime offense, are aimed at preventing harm that could result from potentially negligent behavior β whereas the slightly more obscure common law acda doctrine is most easily invoked to remedy actual damages that have already occurred as a result of such negligence. unsafe speed statutes are immune from being void for vagueness when they contain explicit acda clauses. explicit and implicit acda rules govern millions of north american drivers. = = = = universal standard of care = = = = not all jurisdictions have applied the rule uniformly, most often differing over exceptions for specific " sudden emergencies ". there has been an increased interest in the acda codified as a universal standard of care that has been brought about by recent technological and social changes such as event data recorders, dashcams, self - driving cars, safe cities and multi - use movements, and a movement to reduce claims by speeders against governments for " dangerous conditions " when operating speeds exceed a road's inferred design speed. collision liability has historically benefited the law profession by being cloaked as a mixture of fact and law, but with edr's precisely preserving " a state of facts " often repeated with differing trial outcomes, collisions are less a question of fact, but of law. electronic access to precise edr data and rulings with new ideological modeling tools, can now expose judges as consistent political advocates for differing special road user interests. furthermore, the law needs to be clear, precise, and uniform at a national level for the panoply of automobile manufacturers with the strict liability for their programming of law - abiding
are challenged by the concept of unsafe speed because they find it vague and arbitrary. it is well known that people instead resolve such challenges by attribute substitution, which in this case can mean simply emulating the behaviors of others. in accord with the cultural theory of risk, indeed a substantial part of a driver's risk perception comes from comparing their contemplated conduct to the behavior of others ; this includes the safeness of a given speed, notwithstanding the actual risk. as a result of this uncorrected vagueness, group behavior can often be in opposition to safe speed and still be governing a hazardous posted speed limit. by federal law, posted speed limits are generally within 5 mph of the 85th - percentile speed of free - flowing traffic. functionality, this amounts to citizens " voting " a street's speed limit with their gas pedal from the influence of groupshift. as people generally follow explicit rules all the time of which they do not agree, it is often simply a jurisdiction's failure in their law to sufficiently quantify and disseminate fair notice of an explicit standard of care, such as the acda rule. most dmv driver manuals teach the practice, but far fewer states explicitly back it up in their actual statutes and law enforcement. if drivers were mindful of the acda, the operating speed would by definition not exceed the inferred design speed. in some cases, police focused on driving while " influenced ", pull over slower quartile sober night - time drivers moving no faster than they can stop within the radius of their headlights ; this discourages adjusting speed downward from anything but the posted " maximum speed " permitted by law β which is determined as previously described. it is often unsafe or illegal to drive in excess of 40 β 50 mph at night. = = " assurance " beyond proximate edge of clear visibility as transference of liability = = a general principle in liability doctrine is than an accident which would not have occurred except for the action or inaction of some person or entity contrary to a duty such as the exercise of proper care was the result of negligence. the liability space from which one can recover is typically, themselves, other parties, or nobody. jurisdictional exceptions permitting one to legally take " assurance " that the distance will be clear beyond the proximate edge of clear visibility and choose such a speed accordingly, transfers classic common law liability from that driver for his or her " blind " actions. this duty to assure clear distance ahead is inevitably transferred, as an externality to everybody
for a noise ordinance. excess non - occupational noise exposure, hearing loss on both public and private property, speech interference on both public and private property, audio interference on both public and private property, and sleep interference on mostly private property. = = = some legal considerations in the united states = = = there are several fundamental issues that shape the legality, effectiveness and enforceability of any community noise regulation. = = = = preemption = = = = the federal government has preempted certain areas of noise regulation. they can be found in the code of federal regulations under the epa noise abatement programs ; parts 201 to 205 and 211 cover railroads, motor carriers in interstate commerce, construction equipment, and motor vehicles. they require product labeling and prohibit tampering with noise control devices. communities may enact regulations that are no more strict than the federal ones so that local enforcement can be carried out. they can enact curfews and restrict vehicle use in established zones such as residential. any restriction on interstate motor carriers or railroads may not be for the purpose of noise control. states have police powers granted by the constitution. they may also enact regulations that are no more strict than federal regulations. they may also preempt local ordinances. california and new jersey have comprehensive noise codes that communities must meet. many states required that local ordinances be no more strict than the state code whether such code exists or not. one relatively common preemption is protection of shooting ranges from noise regulation or litigation and right to farm laws that protect agricultural areas from nuisance litigation by encroaching residential areas. = = = = constitutional vagueness = = = = in one state court case, the court declared that numerical sound levels were constitutional as not void for vagueness, as the term plainly audible provided it was associated with a reasonable distance. two requirements for a noise ordinance provision is that : provide fair warning avoid the possibility of arbitrary enforcement = = = = overbreadth = = = = in one supreme court case the court ruled that the specificity of the city ordinance regulating school verbal protests was not constitutionally vague, gave fair warning, and was not an invitation to arbitrary enforcement and so was not overbroad, despite the implied limitation on free speech. = = = = nuisance = = = = nuisance law applies to both community noise regulation as well as private suits brought to court to reduce noise impact. = = = = enforceability = = = = care must be taken in writing a subjective noise provision so that
limited sound output at half mater to 115 db ( a ), and no more than 105 db ( a ) at 50 feet. = = = = motor vehicle sound systems = = = = this provision is both an objective emission control, a subjective emission control, and a subjective immission for vehicles on a public right - of - way. the first part limits the system sound level at a fixed distance. the second part uses the plainly audible definition for limiting the sound output. the third part uses the noise disturbance definition to limit the impact on neighboring properties and can be applied within public transportation. the most restrictive application of the plainly audible laws says that the sound cannot be audible to anyone other than the vehicle occupants. there are numerous state and community restrictions on vehicle sound systems. louisiana prohibits the system from emitting sound outside of a vehicle. richmond, ca also prohibits the sound from being audible outside the vehicle. oregon prohibits sound systems being plainly audible at 50 feet. california prohibits sound systems that can be heard at 50 feet. colorado springs, co, requires a measurement at 25 feet beyond the private property line or 25 feet from the source on public property ; it does not specify a limiting level. in lakewood, co it must not be plainly audible beyond 25 feet. in los angeles, ca, it cannot be audible beyond 200 feet. in seattle, wa, it must not be plainly audible at 75 feet. chicago restricts levels to less than clearly audible at 75 feet. minneapolis, mn restricts levels to less than audible at 50 feet. albuquerque, nm restricts plainly audible to 25 feet, but also applies their land use limits. cincinnati, oh restricts plainly audible to 50 feet. dallas, tx prohibits sound or vibration that is detectable at 30 feet, or that violates the land use regulations. houston, tx applies land use restrictions. omaha, ne states the sound must not be audible at 100 feet. hammond, in restricts plainly audible to 25 feet. new jersey states the sound must not be plainly audible at 50 feet between 8 am and 10 pm and not plainly audible at 25 feet between 10 pm and 8 am. florida states the sound must not be plainly audible at 25 feet, but exempts business and political systems. oregon and tennessee state that the sound must not be plainly audible beyond 50 feet, as does fairbanks, ak. rhode island specifically addresses low frequency sound that can be heard 20 feet from a closed vehicle or 100 feet otherwise. salt lake county health department, ut considers the sound a violation if it is plainly audible on
started. a full range of tools for communication about project alternatives is used ( e. g., visualization ). = = history = = the initial guiding principles of css came out of the 1998 " thinking beyond the pavement " conference as a means to describe and foster transportation projects that preserve and enhance the natural and built environments along with economic and social assets for neighborhoods they pass through. in 2003, the federal highway administration announced that under one of its three vital few objectives ( environmental stewardship and streamlining ) they had a target goal of achieving css integration within all state departments of transportation by september 2007. the american association of state highway and transportation organizations ( aashto ) is now ( fall 2006 ) developing strategic goals and objectives for css which it describes as a " fundamental change in the way we do business. " one principal element of this change is the way transportation planners and engineers address speed. historically, the speed at which a vehicle can safely travel through the landscape has been regarded as a primary goal of transportation planning since it shortens travel time, saves money ( time is money ), and improves driver convenience. however, css recognizes that designing a facility for the maximum safe speed that is economically feasible can be detrimental to other community goals, and even to vehicle passengers themselves. css recognizes that the goal of transportation is social and economic exchange, which cannot occur at high speeds. instead, css attempts to identify, through a community - based process, a " target speed " that promotes the optimum amount of social and economic exchange, with lowest environmental impacts, that is appropriate for the context. thus, in cities, if higher vehicle speeds lower the amount of social exchange on a residential street ( fewer friends, less street life etc. ) then the street will be designed to encourage drivers to slow down so as not to reduce social exchange. in a similar manner, commercial streets will be designed to maximize commercial exchange and designed accordingly. in more rural areas where a primary goal is to move people and goods between human settlements, css can be compatible with much higher design speeds. setting a target speed that is appropriate for the context, and then designing roads, highway and streets to make it difficult for drivers to exceed that target speed, is a central css principle and represents a fundamental shift in transportation planning practice. = = see also = = transportation planning complete streets placemaking new urbanism transit - oriented development town meeting = = notes = = = = references = = maryland state highway administration, summary of thinking beyond the pavement conference,
Answer:
|
constitutional only on the basis of the spending power.
| 0.3 |
Defendant visited a fellow college student, James, in James's dormitory room. They drank some beer. James produced a box containing marijuana cigarettes and asked if Defendant wanted one. Defendant, afraid of being caught, declined and urged James to get rid of the marijuana. James refused. Shortly thereafter, both went out to get more beer, leaving the door to James's room standing open. Making an excuse about having dropped his pen, Defendant went back into James's room. Still apprehensive about their being caught with the marijuana cigarettes, he took the cigarettes and flushed them down the toilet. He was sure James was too drunk to notice that the cigarettes were missing. Defendant is charged with larceny and burglary (the latter defined in the jurisdiction as breaking and entering the dwelling of another with intent to commit any felony or theft). He should be found guilty of
0. burglary only.
1. larceny only.
2. both burglary and larceny.
3. neither burglary nor larceny.
well as possession for the purpose of trafficking. this is a reasonable inference from the terms of article 4, which obliges the parties " to limit exclusively to medical and scientific purposes the production, manufacture, export, import, distribution of, trade in, use and possession of drugs ". there is also article 33, which provides that " the parties shall not permit the possession of drugs except under legal authority. "... on the face of article 26 it would not be unreasonable to argue that what is contemplated is possession for the purpose of trafficking rather than possession for use, and that the requirements of the article are satisfied if the former kind of possession is made a penal offense. the prevailing view, however, is that the word " possession " in article 36 includes simple possession for use. however, ledain himself concludes the costs to a significant number of individuals, the majority of whom are young people, and to society generally, of a policy of prohibition of simple possession are not justified by the potential for harm of cannabis and the additional influence which such a policy is likely to have upon perception of harm, demand and availability. we, therefore, recommend the repeal of the prohibition against the simple possession of cannabis. the canadian department of national health and welfare's 1979 report, the single convention and its implications for canadian cannabis policy, counters with circumstantial evidence to the contrary : the substantive argument in support of simple possession falling outside the scope of article 36 is founded on the assumption that it is intended to insure a penal response to the problem of illicit trafficking rather than to punish drug users who do not participate in the traffic. ( see united nations, 1973 : 112 ; noll, 1977 : 44 β 45 ) the third draft of the single convention, which served as the working document for the 1961 plenipotentiary conference, contained a paragraph identical to that which now appears as article 36, subparagraph 1 ( a ). this paragraph was included in a chapter entitled measures against illicit traffickers, but the format by which the third draft was divided into chapters was not transferred to the single convention, and this, apparently, is the sole reason why this chapter heading, along with all others, was deleted. ( see united nations, 1973 : 112 ) article 36 is still located in that part of the convention concerned with the illicit trade, sandwiched between article 35 ( action against the illicit traffic ) and article 37 ( seizure and confiscation ). in addition... the word " use ", suggesting personal consumption
united states federal government enacted legislation to unify the handling of juvenile delinquents, the juvenile justice and delinquency prevention act of 1974. the act created the office of juvenile justice and delinquency prevention ( ojjdp ) within the department of justice to administer grants for juvenile crime - combating programs ( currently only about us $ 900, 000 a year ), gather national statistics on juvenile crime, fund research on youth crime and administer four anti - confinement mandates regarding juvenile custody. specifically, the act orders : deinstitutionalization : youths charged with " status " offenses that would not be crimes if committed by adults, such as truancy, running away and being caught with alcohol or tobacco, must be " deinstitutionalized ", which in this case really means that, with certain exceptions ( e. g., minor in possession of a handgun ), status offenders may not be detained by police or confined. alleged problems with this mandate are that it overrides state and local law, limits the discretion of law enforcement officers and prevents the authorities'ability to reunify an offender with their family. segregation : arrested youths must be strictly segregated from adults in custody. under this " out of sight and sound " mandate, juveniles cannot be served food by anyone who serves jailed adults nor can a juvenile walk down a corridor past a room where an adult is being interrogated. this requirement forces local authorities to either free juveniles or maintain expensive duplicate facilities and personnel. small cities, towns and rural areas are especially hard hit, drastically raising those taxpayers'criminal justice costs. supporters of the system point to lower sexual assault rates when adults and children are separated. jail and lockup removal : as a general rule, youths subject to the original jurisdiction of juvenile courts cannot be held in jails and lockups in which adults may be detained. the act provides for a six - hour exception for identification, processing, interrogation and transfer to juvenile facilities, court or detention pending release to parents. the act also provides an exception of 24 hours for rural areas only. over representation of minority youths : states must systematically try to reduce confinement of minority youths to the proportion of those groups in the population. one of the most notable causes of juvenile delinquency is fiat, i. e., the declaration that a juvenile is delinquent by the juvenile court system without any trial, and upon finding only probable cause. many states have laws that presuppose the less harsh treatment of juvenile delinquents
1984 ). harm to self : the moral limits of the criminal law. new york : oxford university press. isbn 0 - 19 - 505923 - 9 garoupa, nuno & klerman, daniel. ( 2002 ). " optimal law enforcement with a rent - seeking government ". american law and economics review vol. 4, no. 1. pp116 β 140. inciardi, james a. ( 1992 ). the war on drugs ii : the continuing epic of heroin, cocaine, crack, crime aids, and public policy. mountain view, ca : mayfield. maguire, brenan & radosh, polly f. ( 1999 ). introduction to criminology. belmont, ca : west wadsworth. isbn 0 - 534 - 53784 - 7 meier, robert f. & geis, gilbert. ( 1997 ). victimless crime? prostitution, drugs, homosexuality, abortion. los angeles : roxbury. isbn 0 - 935732 - 46 - 2 polinsky, a. mitchell. ( 1980 ). " private versus public enforcement of fines. " the journal of legal studies, vol. ix, no. 1, ( january ), pp105 β 127. polinsky, a. mitchell & shavell, steven. ( 1997 ). " on the disutility and discounting of imprisonment and the theory of deterrence, " nber working papers 6259, national bureau of economic research, inc. [ 1 ] robertson, ian. ( 1989 ) society : a brief introduction. new york : worth publishing. isbn 0 - 87901 - 548 - 9 sampson, rana. ( 2002 ). drug dealing in privately owned apartment complexes problem - oriented guides for police series no. 4 [ 2 ] schur, edwin m. ( 1965 ) crimes without victims : deviant behavior and public policy : abortion, homosexuality, drug addiction. prentice hall. isbn 0 - 13 - 192930 - 5 siegel, larry j. ( 2006 ). criminology : theories, patterns, & typologies, 9th edition. belmont, ca : wadsworth publishing. isbn 0 - 495 - 00572 - x walker, john. ( 1991 ). crime in australia. canberra : australian institute of criminology. = = external links = = patterns and trends in public order crime
, i. e., the declaration that a juvenile is delinquent by the juvenile court system without any trial, and upon finding only probable cause. many states have laws that presuppose the less harsh treatment of juvenile delinquents than adult counterparts β treatment. in return, the juvenile surrenders certain constitutional rights, such as a right to trial by jury, the right to cross - examine, and even the right to a speedy trial. notable writings by reformers such as jerome g. miller show that very few juvenile delinquents actually broke any law. most were simply rounded up by the police after some event that possibly involved criminal action. they were brought before juvenile court judges who made findings of delinquency, simply because the police action established probable cause. in 1967, the united states supreme court decided the case in re gault, that established the protection of many, but not all, procedural rights of juveniles in court proceedings, such as the right to counsel and right to refuse self - incrimination. = = preventing juvenile delinquency = = an effective way of preventing juvenile delinquency is to tackle the problem before it happens. this entails looking at the causes of crime among teenagers and making an effort to reduce or eliminate said causes. some causes, though hard to eliminate, seem plausible. an example of this is improving the environment at home, through employment opportunities for the parents, educational opportunities for the children, and counseling and rehabilitation services if need be. these changes would not only promote a more positive environment at home but would also work towards pulling at - risk families out of poverty. another possible change could be the interaction of the community these adolescents live in. the involvement of neighbors could decrease the chances of violence among these communities. in craig pinkney's tedtalk speech, " the real roots of youth violence ", he states that people do things to be heard and seen in their communities. a cause that is more difficult to eliminate is mental illness, because sometimes these illnesses are present at birth. still, counseling and rehabilitation might aid in reducing the negative effects of these illness like violent behavior. one cause that seems almost impossible to eliminate is the rational and irrational choice idea. as mentioned above, some people believe that all crime comes down to a single situation in which an individual must make a rational or irrational decision, to commit the crime, or to not. those that believe that this rational choice option is tied to the very immutable nature of the person would have a hard time
particular for unsupervised recreational activity. a study in the province of ontario based on epidemiological data from 1986, 1989, 1992, and 1995 states that 79. 2 % of the 2, 154 catastrophic injuries recorded for the study were preventable, of which 346 ( 17 % ) involved alcohol consumption. the activities most commonly associated with alcohol - related catastrophic injury were snowmobiling ( 124 ), fishing ( 41 ), diving ( 40 ), boating ( 31 ) and canoeing ( 7 ), swimming ( 31 ), riding an all - terrain vehicle ( 24 ), and cycling ( 23 ). these events are often associated with unsupervised young males, often inexperienced in the activity, and may result in drowning. alcohol use is also associated with unsafe sex. = = = legal issues = = = laws on drunkenness vary. in the united states, it is a criminal offense for a person to be drunk while driving a motorized vehicle, except in wisconsin, where it is only a fine for the first offense. it is also a criminal offense to fly an aircraft or ( in some american states ) to assemble or operate an amusement park ride while drunk. similar laws also exist in the united kingdom and most other countries. in some jurisdictions, it is also an offense to serve alcohol to an already - intoxicated person, and, often, alcohol can only be sold by persons qualified to serve responsibly through alcohol server training. the blood alcohol content ( bac ) for legal operation of a vehicle is typically measured as a percentage of a unit volume of blood. this percentage ranges from 0. 00 % in romania and the united arab emirates ; to 0. 05 % in australia, south africa, germany, scotland, and new zealand ( 0. 00 % for underage individuals ) ; to 0. 08 % in england and wales, the united states and canada. the united states federal aviation administration prohibits crew members from performing their duties within eight hours of consuming an alcoholic beverage, while under the influence of alcohol, or with a bac greater than 0. 04 %. in the united states, the united kingdom, and australia, public intoxication is a crime ( also known as " being drunk and disorderly " or " being drunk and incapable " ). in some countries, there are special facilities, sometimes known as " drunk tanks ", for the temporary detention of persons found to be drunk. = = = religious views = = = some religious groups permit the consumption of alcohol ;
Answer:
|
larceny only.
| null |
Defendant visited a fellow college student, James, in James's dormitory room. They drank some beer. James produced a box containing marijuana cigarettes and asked if Defendant wanted one. Defendant, afraid of being caught, declined and urged James to get rid of the marijuana. James refused. Shortly thereafter, both went out to get more beer, leaving the door to James's room standing open. Making an excuse about having dropped his pen, Defendant went back into James's room. Still apprehensive about their being caught with the marijuana cigarettes, he took the cigarettes and flushed them down the toilet. He was sure James was too drunk to notice that the cigarettes were missing. Defendant is charged with larceny and burglary (the latter defined in the jurisdiction as breaking and entering the dwelling of another with intent to commit any felony or theft). He should be found guilty of
0. burglary only.
1. larceny only.
2. both burglary and larceny.
3. neither burglary nor larceny.
well as possession for the purpose of trafficking. this is a reasonable inference from the terms of article 4, which obliges the parties " to limit exclusively to medical and scientific purposes the production, manufacture, export, import, distribution of, trade in, use and possession of drugs ". there is also article 33, which provides that " the parties shall not permit the possession of drugs except under legal authority. "... on the face of article 26 it would not be unreasonable to argue that what is contemplated is possession for the purpose of trafficking rather than possession for use, and that the requirements of the article are satisfied if the former kind of possession is made a penal offense. the prevailing view, however, is that the word " possession " in article 36 includes simple possession for use. however, ledain himself concludes the costs to a significant number of individuals, the majority of whom are young people, and to society generally, of a policy of prohibition of simple possession are not justified by the potential for harm of cannabis and the additional influence which such a policy is likely to have upon perception of harm, demand and availability. we, therefore, recommend the repeal of the prohibition against the simple possession of cannabis. the canadian department of national health and welfare's 1979 report, the single convention and its implications for canadian cannabis policy, counters with circumstantial evidence to the contrary : the substantive argument in support of simple possession falling outside the scope of article 36 is founded on the assumption that it is intended to insure a penal response to the problem of illicit trafficking rather than to punish drug users who do not participate in the traffic. ( see united nations, 1973 : 112 ; noll, 1977 : 44 β 45 ) the third draft of the single convention, which served as the working document for the 1961 plenipotentiary conference, contained a paragraph identical to that which now appears as article 36, subparagraph 1 ( a ). this paragraph was included in a chapter entitled measures against illicit traffickers, but the format by which the third draft was divided into chapters was not transferred to the single convention, and this, apparently, is the sole reason why this chapter heading, along with all others, was deleted. ( see united nations, 1973 : 112 ) article 36 is still located in that part of the convention concerned with the illicit trade, sandwiched between article 35 ( action against the illicit traffic ) and article 37 ( seizure and confiscation ). in addition... the word " use ", suggesting personal consumption
united states federal government enacted legislation to unify the handling of juvenile delinquents, the juvenile justice and delinquency prevention act of 1974. the act created the office of juvenile justice and delinquency prevention ( ojjdp ) within the department of justice to administer grants for juvenile crime - combating programs ( currently only about us $ 900, 000 a year ), gather national statistics on juvenile crime, fund research on youth crime and administer four anti - confinement mandates regarding juvenile custody. specifically, the act orders : deinstitutionalization : youths charged with " status " offenses that would not be crimes if committed by adults, such as truancy, running away and being caught with alcohol or tobacco, must be " deinstitutionalized ", which in this case really means that, with certain exceptions ( e. g., minor in possession of a handgun ), status offenders may not be detained by police or confined. alleged problems with this mandate are that it overrides state and local law, limits the discretion of law enforcement officers and prevents the authorities'ability to reunify an offender with their family. segregation : arrested youths must be strictly segregated from adults in custody. under this " out of sight and sound " mandate, juveniles cannot be served food by anyone who serves jailed adults nor can a juvenile walk down a corridor past a room where an adult is being interrogated. this requirement forces local authorities to either free juveniles or maintain expensive duplicate facilities and personnel. small cities, towns and rural areas are especially hard hit, drastically raising those taxpayers'criminal justice costs. supporters of the system point to lower sexual assault rates when adults and children are separated. jail and lockup removal : as a general rule, youths subject to the original jurisdiction of juvenile courts cannot be held in jails and lockups in which adults may be detained. the act provides for a six - hour exception for identification, processing, interrogation and transfer to juvenile facilities, court or detention pending release to parents. the act also provides an exception of 24 hours for rural areas only. over representation of minority youths : states must systematically try to reduce confinement of minority youths to the proportion of those groups in the population. one of the most notable causes of juvenile delinquency is fiat, i. e., the declaration that a juvenile is delinquent by the juvenile court system without any trial, and upon finding only probable cause. many states have laws that presuppose the less harsh treatment of juvenile delinquents
1984 ). harm to self : the moral limits of the criminal law. new york : oxford university press. isbn 0 - 19 - 505923 - 9 garoupa, nuno & klerman, daniel. ( 2002 ). " optimal law enforcement with a rent - seeking government ". american law and economics review vol. 4, no. 1. pp116 β 140. inciardi, james a. ( 1992 ). the war on drugs ii : the continuing epic of heroin, cocaine, crack, crime aids, and public policy. mountain view, ca : mayfield. maguire, brenan & radosh, polly f. ( 1999 ). introduction to criminology. belmont, ca : west wadsworth. isbn 0 - 534 - 53784 - 7 meier, robert f. & geis, gilbert. ( 1997 ). victimless crime? prostitution, drugs, homosexuality, abortion. los angeles : roxbury. isbn 0 - 935732 - 46 - 2 polinsky, a. mitchell. ( 1980 ). " private versus public enforcement of fines. " the journal of legal studies, vol. ix, no. 1, ( january ), pp105 β 127. polinsky, a. mitchell & shavell, steven. ( 1997 ). " on the disutility and discounting of imprisonment and the theory of deterrence, " nber working papers 6259, national bureau of economic research, inc. [ 1 ] robertson, ian. ( 1989 ) society : a brief introduction. new york : worth publishing. isbn 0 - 87901 - 548 - 9 sampson, rana. ( 2002 ). drug dealing in privately owned apartment complexes problem - oriented guides for police series no. 4 [ 2 ] schur, edwin m. ( 1965 ) crimes without victims : deviant behavior and public policy : abortion, homosexuality, drug addiction. prentice hall. isbn 0 - 13 - 192930 - 5 siegel, larry j. ( 2006 ). criminology : theories, patterns, & typologies, 9th edition. belmont, ca : wadsworth publishing. isbn 0 - 495 - 00572 - x walker, john. ( 1991 ). crime in australia. canberra : australian institute of criminology. = = external links = = patterns and trends in public order crime
, i. e., the declaration that a juvenile is delinquent by the juvenile court system without any trial, and upon finding only probable cause. many states have laws that presuppose the less harsh treatment of juvenile delinquents than adult counterparts β treatment. in return, the juvenile surrenders certain constitutional rights, such as a right to trial by jury, the right to cross - examine, and even the right to a speedy trial. notable writings by reformers such as jerome g. miller show that very few juvenile delinquents actually broke any law. most were simply rounded up by the police after some event that possibly involved criminal action. they were brought before juvenile court judges who made findings of delinquency, simply because the police action established probable cause. in 1967, the united states supreme court decided the case in re gault, that established the protection of many, but not all, procedural rights of juveniles in court proceedings, such as the right to counsel and right to refuse self - incrimination. = = preventing juvenile delinquency = = an effective way of preventing juvenile delinquency is to tackle the problem before it happens. this entails looking at the causes of crime among teenagers and making an effort to reduce or eliminate said causes. some causes, though hard to eliminate, seem plausible. an example of this is improving the environment at home, through employment opportunities for the parents, educational opportunities for the children, and counseling and rehabilitation services if need be. these changes would not only promote a more positive environment at home but would also work towards pulling at - risk families out of poverty. another possible change could be the interaction of the community these adolescents live in. the involvement of neighbors could decrease the chances of violence among these communities. in craig pinkney's tedtalk speech, " the real roots of youth violence ", he states that people do things to be heard and seen in their communities. a cause that is more difficult to eliminate is mental illness, because sometimes these illnesses are present at birth. still, counseling and rehabilitation might aid in reducing the negative effects of these illness like violent behavior. one cause that seems almost impossible to eliminate is the rational and irrational choice idea. as mentioned above, some people believe that all crime comes down to a single situation in which an individual must make a rational or irrational decision, to commit the crime, or to not. those that believe that this rational choice option is tied to the very immutable nature of the person would have a hard time
particular for unsupervised recreational activity. a study in the province of ontario based on epidemiological data from 1986, 1989, 1992, and 1995 states that 79. 2 % of the 2, 154 catastrophic injuries recorded for the study were preventable, of which 346 ( 17 % ) involved alcohol consumption. the activities most commonly associated with alcohol - related catastrophic injury were snowmobiling ( 124 ), fishing ( 41 ), diving ( 40 ), boating ( 31 ) and canoeing ( 7 ), swimming ( 31 ), riding an all - terrain vehicle ( 24 ), and cycling ( 23 ). these events are often associated with unsupervised young males, often inexperienced in the activity, and may result in drowning. alcohol use is also associated with unsafe sex. = = = legal issues = = = laws on drunkenness vary. in the united states, it is a criminal offense for a person to be drunk while driving a motorized vehicle, except in wisconsin, where it is only a fine for the first offense. it is also a criminal offense to fly an aircraft or ( in some american states ) to assemble or operate an amusement park ride while drunk. similar laws also exist in the united kingdom and most other countries. in some jurisdictions, it is also an offense to serve alcohol to an already - intoxicated person, and, often, alcohol can only be sold by persons qualified to serve responsibly through alcohol server training. the blood alcohol content ( bac ) for legal operation of a vehicle is typically measured as a percentage of a unit volume of blood. this percentage ranges from 0. 00 % in romania and the united arab emirates ; to 0. 05 % in australia, south africa, germany, scotland, and new zealand ( 0. 00 % for underage individuals ) ; to 0. 08 % in england and wales, the united states and canada. the united states federal aviation administration prohibits crew members from performing their duties within eight hours of consuming an alcoholic beverage, while under the influence of alcohol, or with a bac greater than 0. 04 %. in the united states, the united kingdom, and australia, public intoxication is a crime ( also known as " being drunk and disorderly " or " being drunk and incapable " ). in some countries, there are special facilities, sometimes known as " drunk tanks ", for the temporary detention of persons found to be drunk. = = = religious views = = = some religious groups permit the consumption of alcohol ;
Answer:
|
neither burglary nor larceny.
| 0.3 |
Henry hated Wanda, his former wife, for divorcing him and marrying John a short time thereafter. About a month after Wanda married John, Henry secretly entered Wanda and John's rented apartment during their absence by using a master key. Henry placed a microphone behind the nightstand in the bedroom of the apartment, drilled a hole in the nearby wall, and poked the wires from the microphone through the hole into the space in the wall, with the result that the microphone appeared to be connected to wires going into the adjoining apartment. Actually the microphone was not connected to anything. Henry anticipated that Wanda would discover the microphone in a few days and would be upset by the thought that someone had been listening to her conversations with John in their bedroom. Shortly thereafter, John noticed the wires behind the nightstand and discovered the hidden microphone. He then called Wanda and showed her the microphone and wires. Wanda fainted and, in falling, struck her head on the nightstand and suffered a mild concussion. The next day John telephoned Henry and accused him of planting the microphone. Henry laughingly admitted it. Because of his concern about Wanda and his anger at Henry, John is emotionally upset and unable to go to work. If Wanda asserts a claim against Henry based on infliction of mental distress, the fact that John was the person who showed her the microphone will
0. relieve Henry of liability, because John was careless in so doing.
1. relieve Henry of liability, because John's conduct was the immediate cause of Wanda's harm.
2. not relieve Henry of liability, because Henry's goal was achieved.
3. not relieve Henry of liability, because the conduct of a third person is irrelevant in emotional distress cases
workers on the tv show transparent, and mentioned one " blowup " he had with co - star jessica walter during production of arrested development. walter was asked about the incident during a cast interview with the new york times. she became emotional, stating that " in almost 60 years of working, i've never had anybody yell at me like that on a set and it's hard to deal with, but i'm over it now... [ tambor ] never crossed the line on our show, with any, you know, sexual whatever. verbally, yes, he harassed me, but he did apologize. i have to let it go. " bateman stated that " in the entertainment industry it is incredibly common to have people who are, in quotes,'difficult '... [ acting ] is a weird thing, and it is a breeding ground for atypical behavior and certain people have certain processes. " tony hale said that " we all have bad moments ", while david cross suggested that tambor's outbursts were a " cumulative effect. " the daily beast criticized cross's comment as suggesting that walter had " asked for it. " shawkat came to walter's defense, saying that being difficult " doesn't mean it's acceptable " to treat someone badly. after outlets criticized the men's statements, hale, bateman, and cross issued apologies to walter. netflix cancelled the show's uk press tour. cera, who was not part of the group interview, stated that " obviously i have to give a lot of consideration to whether i take jobs with anyone and think about how it affects people ". = = notes = = = = references = = = = further reading = = kristin m. barton ( ed. ), a state of arrested development : critical essays on the innovative television comedy. foreword by mitchell hurwitz. jefferson, nc : mcfarland publishing, 2015. = = external links = = arrested development on netflix arrested development at imdb
somehow able to play an invisible harmonica. peterson was later upgraded so that he could move both arms. on numerous occasions, ferguson taunted peterson's requests, questions, and comments with his various mobility problems, with peterson usually exclaiming " how dare you? " in response. as he is considered " dead " resulting in his status as a skeleton, peterson's cause of death varies from a skydiving accident, a bar fight with wilford brimley, being massively overweight, choking on a bird's foot, and a methamphetamine overdose. he is extremely rich, acquiring his fortune from a successful chain of laundromats, and owns houses all over the world. peterson has a mock feud with frequent guest kristen bell, who claims that she had wanted to be ferguson's sidekick and was upset when peterson was selected. peterson typically gives her a lukewarm, sometimes nasty greeting, and she feels very uncomfortable around him and often antagonizes and insults him during her interviews with ferguson. as of august 2011, peterson and bell had supposedly reconciled while in paris shooting le late late show avec craig ferguson a paris, although they continued to occasionally insult and dismiss one another. = = voice = = peterson's voice was originally performed by ferguson in a loud, monotone, english accent ; but this was soon changed. starting on april 20, 2010, josh robert thompson voiced geoff peterson using prerecorded clips of a vaguely george takei β sounding voice. from april 14, 2011, on, thompson began to occasionally voice and perform peterson live in - studio, and on may 16, 2011, in a possible backdoor audition, thompson performed peterson in an actual guest spot. from june 29, 2011, onward, thompson voiced and performed peterson in - person for virtually every episode, including those filmed in france and scotland. in april 2012, shortly after the news that ferguson would continue his show until at least 2014, ferguson told one interviewer that as far as he was concerned, thompson " has a home " portraying peterson for " as long as he wants to do it ". thompson described peterson's voice as " one part snagglepuss, one part vincent price, two parts george takei ". thompson says his live segments are " 100 % unscripted and improvised ". since thompson began voicing geoff peterson live, he has incorporated several of his own impressions into the character's repertoire. he also performed his morgan freeman impression for freeman himself on june 10
be taken home, but as her protests and pleadings were useless, they were gradually followed by despair. she became listless, unsmiling and her traumatised emotional state was heart - rendingly clear, and on those occasions when her mother did visit during the eight days she was in hospital, laura would turn away from her. robertson's film was shown to the royal society of medicine on 28 november 1952, before a large audience of doctors and nurses. donald winnicott on seeing the film spoke of " highly successful film " that dealt with a " real problem " and evidenced the fact that he himself had seen irreversible change as a result of the separation of small children from their mothers. both the editors of the lancet and the bmj discussed the meeting. the bmj agreed that the 2 - year - old girl was unhappy, and that this was in line with the findings of john bowlby. the lancet stated that the audience frankly refused to admit that the child was distressed and were reluctant to believe that it might cause long term damage. robertson's memory of the meeting, was that " it was if we had dropped a bomb in the hall " and that " the film encountered much resistance and rejection ". the speakers also supposedly also said that robertson " had slandered paediatrics and the film should be withdrawn ". two people who were at the meeting were donald winnicott and sister ivy morris from amersham hospital and they agreed to a second filming on their ward. robertson later took film and viewed it to american paediatricians in 1953, but curiously american audiences confirmed that the film findings were applicable to british children, but they did not apply to american children, and were perhaps less cared for and protected in an overindulgent way, and were, therefore, less upset at being separated from their parent. however, robertson's subsequent research in the united states merely confirmed his findings, and showed that on both sides of the atlantic, there were those who were in favour of unrestricted visiting, and those who were not. robertson eventually viewed the film to paediatricians and other healthcare professionals in the united kingdom, france, denmark, netherlands, norway and yugoslavia. robertson noticed that younger professionals were more accepting of the evidence, while senior professionals tended to reject the film. robertson's successor film was called, going to hospital with mother. robertson chose amersham hospital specifically, as every mother of a child under 5 years was invited to
person watching the recording later. thus, although this does not reveal the secret word to victor, it does make it possible for victor to convince the world in general that peggy has that knowledge β counter to peggy's stated wishes. however, digital cryptography generally " flips coins " by relying on a pseudo - random number generator, which is akin to a coin with a fixed pattern of heads and tails known only to the coin's owner. if victor's coin behaved this way, then again it would be possible for victor and peggy to have faked the experiment, so using a pseudo - random number generator would not reveal peggy's knowledge to the world in the same way that using a flipped coin would. peggy could prove to victor that she knows the magic word, without revealing it to him, in a single trial. if both victor and peggy go together to the mouth of the cave, victor can watch peggy go in through a and come out through b. this would prove with certainty that peggy knows the magic word, without revealing the magic word to victor. however, such a proof could be observed by a third party, or recorded by victor and such a proof would be convincing to anybody. in other words, peggy could not refute such proof by claiming she colluded with victor, and she is therefore no longer in control of who is aware of her knowledge. = = = two balls and the colour - blind friend = = = imagine victor is red - green colour - blind ( while peggy is not ) and peggy has two balls : one red and one green, but otherwise identical. to victor, the balls seem completely identical. victor is skeptical that the balls are actually distinguishable. peggy wants to prove to victor that the balls are in fact differently coloured, but nothing else. in particular, peggy does not want to reveal which ball is the red one and which is the green. here is the proof system : peggy gives the two balls to victor and he puts them behind his back. next, he takes one of the balls and brings it out from behind his back and displays it. he then places it behind his back again and then chooses to reveal just one of the two balls, picking one of the two at random with equal probability. he will ask peggy, " did i switch the ball? " this whole procedure is then repeated as often as necessary. by looking at the balls'colours, peggy can, of course, say with certainty whether or not he switched them. on the other hand, if the balls
office humor, also often called workplace comedy, is humor within the workplace, particularly in the office environment. it is a subject that receives significant attention from students of industrial and organizational psychology and of the sociology of work, as well as in popular culture. = = academic considerations = = humor is an inevitable part of the social environment of work, and has been argued to be a potential tool for improving worker satisfaction and organizational results. studies have suggested that humor can increase worker cohesiveness, creativity, motivation, and resilience in the face of adversity. on the other hand, workplace humor ( especially negative humor ) can also be misused to reinforce bigotry, denigrate minorities, create an atmosphere of physical or sexual harassment, or as a management tool to reinforce managerial authority. = = legal considerations = = inappropriate workplace humor may be deemed as " evidence in sexual harassment, discrimination and hostile work environment cases ". it has led to serious consequences in cases such as the krull case, where the ombudsman of king county, washington was fired for sending a copy of the 1894 booklet instruction and advice for the young bride to his soon - to - be - married assistant, or chevron corporation having to pay more than $ 2 million as a settlement with four employees after an interoffice email circulated on the subject of " 25 reasons why beer is better than women ". = = representations in popular culture = = office humor is the focus of comic strips ( dilbert, gaus electronics, help desk, misaeng, user friendly, sosiaalisesti rajoittuneet ), movies ( office space, head office ), tv series ( abbott elementary, parks and recreation, mythic quest, brooklyn nine - nine, the office, 30 rock, superstore ) and contemporary art ( as in works by mike kelley ). = = references = = = = further reading = = t bradford bitterly ; alison wood brooks ; maurice e schweitzer ( 10 november 2016 ). " risky business : when humor increases and decreases status ". journal of personality and social psychology. 112 ( 3 ) : 431 β 455. doi : 10. 1037 / pspi0000079. pmid 27831701. s2cid 3437230.
Answer:
|
not relieve Henry of liability, because Henry's goal was achieved.
| null |
Henry hated Wanda, his former wife, for divorcing him and marrying John a short time thereafter. About a month after Wanda married John, Henry secretly entered Wanda and John's rented apartment during their absence by using a master key. Henry placed a microphone behind the nightstand in the bedroom of the apartment, drilled a hole in the nearby wall, and poked the wires from the microphone through the hole into the space in the wall, with the result that the microphone appeared to be connected to wires going into the adjoining apartment. Actually the microphone was not connected to anything. Henry anticipated that Wanda would discover the microphone in a few days and would be upset by the thought that someone had been listening to her conversations with John in their bedroom. Shortly thereafter, John noticed the wires behind the nightstand and discovered the hidden microphone. He then called Wanda and showed her the microphone and wires. Wanda fainted and, in falling, struck her head on the nightstand and suffered a mild concussion. The next day John telephoned Henry and accused him of planting the microphone. Henry laughingly admitted it. Because of his concern about Wanda and his anger at Henry, John is emotionally upset and unable to go to work. If Wanda asserts a claim against Henry based on infliction of mental distress, the fact that John was the person who showed her the microphone will
0. relieve Henry of liability, because John was careless in so doing.
1. relieve Henry of liability, because John's conduct was the immediate cause of Wanda's harm.
2. not relieve Henry of liability, because Henry's goal was achieved.
3. not relieve Henry of liability, because the conduct of a third person is irrelevant in emotional distress cases
workers on the tv show transparent, and mentioned one " blowup " he had with co - star jessica walter during production of arrested development. walter was asked about the incident during a cast interview with the new york times. she became emotional, stating that " in almost 60 years of working, i've never had anybody yell at me like that on a set and it's hard to deal with, but i'm over it now... [ tambor ] never crossed the line on our show, with any, you know, sexual whatever. verbally, yes, he harassed me, but he did apologize. i have to let it go. " bateman stated that " in the entertainment industry it is incredibly common to have people who are, in quotes,'difficult '... [ acting ] is a weird thing, and it is a breeding ground for atypical behavior and certain people have certain processes. " tony hale said that " we all have bad moments ", while david cross suggested that tambor's outbursts were a " cumulative effect. " the daily beast criticized cross's comment as suggesting that walter had " asked for it. " shawkat came to walter's defense, saying that being difficult " doesn't mean it's acceptable " to treat someone badly. after outlets criticized the men's statements, hale, bateman, and cross issued apologies to walter. netflix cancelled the show's uk press tour. cera, who was not part of the group interview, stated that " obviously i have to give a lot of consideration to whether i take jobs with anyone and think about how it affects people ". = = notes = = = = references = = = = further reading = = kristin m. barton ( ed. ), a state of arrested development : critical essays on the innovative television comedy. foreword by mitchell hurwitz. jefferson, nc : mcfarland publishing, 2015. = = external links = = arrested development on netflix arrested development at imdb
somehow able to play an invisible harmonica. peterson was later upgraded so that he could move both arms. on numerous occasions, ferguson taunted peterson's requests, questions, and comments with his various mobility problems, with peterson usually exclaiming " how dare you? " in response. as he is considered " dead " resulting in his status as a skeleton, peterson's cause of death varies from a skydiving accident, a bar fight with wilford brimley, being massively overweight, choking on a bird's foot, and a methamphetamine overdose. he is extremely rich, acquiring his fortune from a successful chain of laundromats, and owns houses all over the world. peterson has a mock feud with frequent guest kristen bell, who claims that she had wanted to be ferguson's sidekick and was upset when peterson was selected. peterson typically gives her a lukewarm, sometimes nasty greeting, and she feels very uncomfortable around him and often antagonizes and insults him during her interviews with ferguson. as of august 2011, peterson and bell had supposedly reconciled while in paris shooting le late late show avec craig ferguson a paris, although they continued to occasionally insult and dismiss one another. = = voice = = peterson's voice was originally performed by ferguson in a loud, monotone, english accent ; but this was soon changed. starting on april 20, 2010, josh robert thompson voiced geoff peterson using prerecorded clips of a vaguely george takei β sounding voice. from april 14, 2011, on, thompson began to occasionally voice and perform peterson live in - studio, and on may 16, 2011, in a possible backdoor audition, thompson performed peterson in an actual guest spot. from june 29, 2011, onward, thompson voiced and performed peterson in - person for virtually every episode, including those filmed in france and scotland. in april 2012, shortly after the news that ferguson would continue his show until at least 2014, ferguson told one interviewer that as far as he was concerned, thompson " has a home " portraying peterson for " as long as he wants to do it ". thompson described peterson's voice as " one part snagglepuss, one part vincent price, two parts george takei ". thompson says his live segments are " 100 % unscripted and improvised ". since thompson began voicing geoff peterson live, he has incorporated several of his own impressions into the character's repertoire. he also performed his morgan freeman impression for freeman himself on june 10
be taken home, but as her protests and pleadings were useless, they were gradually followed by despair. she became listless, unsmiling and her traumatised emotional state was heart - rendingly clear, and on those occasions when her mother did visit during the eight days she was in hospital, laura would turn away from her. robertson's film was shown to the royal society of medicine on 28 november 1952, before a large audience of doctors and nurses. donald winnicott on seeing the film spoke of " highly successful film " that dealt with a " real problem " and evidenced the fact that he himself had seen irreversible change as a result of the separation of small children from their mothers. both the editors of the lancet and the bmj discussed the meeting. the bmj agreed that the 2 - year - old girl was unhappy, and that this was in line with the findings of john bowlby. the lancet stated that the audience frankly refused to admit that the child was distressed and were reluctant to believe that it might cause long term damage. robertson's memory of the meeting, was that " it was if we had dropped a bomb in the hall " and that " the film encountered much resistance and rejection ". the speakers also supposedly also said that robertson " had slandered paediatrics and the film should be withdrawn ". two people who were at the meeting were donald winnicott and sister ivy morris from amersham hospital and they agreed to a second filming on their ward. robertson later took film and viewed it to american paediatricians in 1953, but curiously american audiences confirmed that the film findings were applicable to british children, but they did not apply to american children, and were perhaps less cared for and protected in an overindulgent way, and were, therefore, less upset at being separated from their parent. however, robertson's subsequent research in the united states merely confirmed his findings, and showed that on both sides of the atlantic, there were those who were in favour of unrestricted visiting, and those who were not. robertson eventually viewed the film to paediatricians and other healthcare professionals in the united kingdom, france, denmark, netherlands, norway and yugoslavia. robertson noticed that younger professionals were more accepting of the evidence, while senior professionals tended to reject the film. robertson's successor film was called, going to hospital with mother. robertson chose amersham hospital specifically, as every mother of a child under 5 years was invited to
person watching the recording later. thus, although this does not reveal the secret word to victor, it does make it possible for victor to convince the world in general that peggy has that knowledge β counter to peggy's stated wishes. however, digital cryptography generally " flips coins " by relying on a pseudo - random number generator, which is akin to a coin with a fixed pattern of heads and tails known only to the coin's owner. if victor's coin behaved this way, then again it would be possible for victor and peggy to have faked the experiment, so using a pseudo - random number generator would not reveal peggy's knowledge to the world in the same way that using a flipped coin would. peggy could prove to victor that she knows the magic word, without revealing it to him, in a single trial. if both victor and peggy go together to the mouth of the cave, victor can watch peggy go in through a and come out through b. this would prove with certainty that peggy knows the magic word, without revealing the magic word to victor. however, such a proof could be observed by a third party, or recorded by victor and such a proof would be convincing to anybody. in other words, peggy could not refute such proof by claiming she colluded with victor, and she is therefore no longer in control of who is aware of her knowledge. = = = two balls and the colour - blind friend = = = imagine victor is red - green colour - blind ( while peggy is not ) and peggy has two balls : one red and one green, but otherwise identical. to victor, the balls seem completely identical. victor is skeptical that the balls are actually distinguishable. peggy wants to prove to victor that the balls are in fact differently coloured, but nothing else. in particular, peggy does not want to reveal which ball is the red one and which is the green. here is the proof system : peggy gives the two balls to victor and he puts them behind his back. next, he takes one of the balls and brings it out from behind his back and displays it. he then places it behind his back again and then chooses to reveal just one of the two balls, picking one of the two at random with equal probability. he will ask peggy, " did i switch the ball? " this whole procedure is then repeated as often as necessary. by looking at the balls'colours, peggy can, of course, say with certainty whether or not he switched them. on the other hand, if the balls
office humor, also often called workplace comedy, is humor within the workplace, particularly in the office environment. it is a subject that receives significant attention from students of industrial and organizational psychology and of the sociology of work, as well as in popular culture. = = academic considerations = = humor is an inevitable part of the social environment of work, and has been argued to be a potential tool for improving worker satisfaction and organizational results. studies have suggested that humor can increase worker cohesiveness, creativity, motivation, and resilience in the face of adversity. on the other hand, workplace humor ( especially negative humor ) can also be misused to reinforce bigotry, denigrate minorities, create an atmosphere of physical or sexual harassment, or as a management tool to reinforce managerial authority. = = legal considerations = = inappropriate workplace humor may be deemed as " evidence in sexual harassment, discrimination and hostile work environment cases ". it has led to serious consequences in cases such as the krull case, where the ombudsman of king county, washington was fired for sending a copy of the 1894 booklet instruction and advice for the young bride to his soon - to - be - married assistant, or chevron corporation having to pay more than $ 2 million as a settlement with four employees after an interoffice email circulated on the subject of " 25 reasons why beer is better than women ". = = representations in popular culture = = office humor is the focus of comic strips ( dilbert, gaus electronics, help desk, misaeng, user friendly, sosiaalisesti rajoittuneet ), movies ( office space, head office ), tv series ( abbott elementary, parks and recreation, mythic quest, brooklyn nine - nine, the office, 30 rock, superstore ) and contemporary art ( as in works by mike kelley ). = = references = = = = further reading = = t bradford bitterly ; alison wood brooks ; maurice e schweitzer ( 10 november 2016 ). " risky business : when humor increases and decreases status ". journal of personality and social psychology. 112 ( 3 ) : 431 β 455. doi : 10. 1037 / pspi0000079. pmid 27831701. s2cid 3437230.
Answer:
|
not relieve Henry of liability, because the conduct of a third person is irrelevant in emotional distress cases
| 0.3 |
Trease owned Hilltop in fee simple. By his will, he devised as follows: "Hilltop to such of my grandchildren who shall reach the age of 21; and by 55 this provision I intend to include all grandchildren whenever born." At the time of his death, Trease had three children and two grandchildren. Courts hold such a devise valid under the common law Rule Against Perpetuities. What is the best explanation of that determination?
0. All of Trease's children would be measuring lives.
1. The rule of convenience closes the class of beneficiaries when any grandchild reaches the age of 21.
2. There is a presumption that Trease intended to include only those grandchildren born prior to his death.
3. There is a subsidiary rule of construction that dispositive instruments are to be interpreted so as to uphold interests rather than to invalidate them under the Rule Against Perpetuities
debt to bear in mind to those three generations before one's own, as well as an awareness of one's own legacy bequeathed to the three generations to follow one's own. by reckoning 25 years per generation, the span of lifetimes stretches 75 years before one's birth and 75 years beyond one's death. a variation on the seven generation thinking where self is placed at the center is to expand the span of years that touches one's own lifetime. one such variation was proffered by quaker sociologist elise m. boulding. according to this perspective, a person takes into account the oldest relative or family friend who touched or knew the person as an infant ; for example, a great - great - grandparent of age 90. in the same way, the person should then consider the oldest relative or family friend who touched or knew that great - great - grandparent ; for example, another 90 - year - old person. then the calculation runs forward to the infant whom the person might touch or know during his or her own lifetime ; and by extension again, estimate the number of years when that infant might grow to old age and touch or know still another infant. in total this reaching into the past 180 years and into the future 180 results in the widest frame for understanding one's place in the 360 year period over which one may be known and may know others. in other words, the fact of one's own existence materially touches this very wide span of time. = = contemporary interpretations and applications = = the seven generations principle continues to inform indigenous worldviews in the present day, particularly in relation to sustainability, child rights, and intergenerational equity. according to a 2023 peer - reviewed article in the canadian journal of children's rights, the framework emphasizes long - term thinking and stewardship rooted in the interconnectedness of land, culture, and future generations. in many indigenous communities, including the anishinaabe and haudenosaunee, the principle is seen as both a responsibility and a rights - based approach that involves children as active participants in decision - making processes affecting their future. this aligns with article 12 of the united nations convention on the rights of the child, which supports children's right to be heard in matters impacting them. scholars argue that threats such as climate change, land dispossession, and the legacy of colonialism have disproportionately affected indigenous children, severing cultural ties and harming well -
enumerated circumstances ), a person who would be an heir under intestate laws may be disinherited completely under the terms of a will ( an example is that of the will of comedian jerry lewis ; his will specifically disinherited his six children by his first wife, and their descendants, leaving his entire estate to his second wife ). inheritance has been compared to nepotism. = = history = = detailed anthropological and sociological studies have been made about customs of patrimonial inheritance, where only male children can inherit. some cultures also employ matrilineal succession, where property can only pass along the female line, most commonly going to the sister's sons of the decedent ; but also, in some societies, from the mother to her daughters. some ancient societies and most modern states employ egalitarian inheritance, without discrimination based on gender and / or birth order. = = religious laws about inheritance = = = = = jewish laws = = = the inheritance is patrimonial. the father β that is, the owner of the land β bequeaths only to his male descendants, so the promised land passes from one jewish father to his sons. according to the law of moses, the firstborn son was entitled to receive twice as much of his father's inheritance as the other sons ( deuteronomy 21 : 15 β 17 ). if there were no living sons and no descendants of any previously living sons, daughters inherit. in numbers 27, the five daughters of zelophehad come to moses and ask for their father's inheritance, as they have no brothers. the order of inheritance is set out : a man's sons inherit first, daughters if no sons, brothers if he has no children, and so on. later, in numbers 36, some of the heads of the families of the tribe of manasseh come to moses and point out that, if a daughter inherits and then marries a man not from her paternal tribe, her land will pass from her birth - tribe's inheritance into her marriage - tribe's. so a further rule is laid down : if a daughter inherits land, she must marry someone within her father's tribe. ( the daughters of zelophehad marry the sons'of their father's brothers. there is no indication that this was not their choice. ) the laws of jewish inheritance are discussed in the talmud, in the mishneh torah and by saadiah ben joseph among other
only two sets of great - grandparents rather than four. in addition, each grandfather had married one of their sister's daughters, i. e. they had each married their sororal niece. more generally, in many cultures intermarriage may frequently occur within a small village, limiting the available gene pool. = = ancestry = = the house of habsburg gives a well - documented example of pedigree collapse. in the case of charles ii, the last habsburg king of spain, there were three uncle - niece marriages among the seven unions of his immediate ancestry ( i. e. parents, grandparents and great - grandparents ). his father and two of his great - grandfathers married their nieces. his paternal grandparents were first cousins once removed, but they comprised two of the seven marriages because they were also parents to his maternal grandmother. his maternal grandparents'marriage and the final marriage of great - grandparents was between first cousins. the maximum pedigree collapse of 50 % within a single generation is caused by procreation between full siblings ; such children have only two different grandparents instead of the usual four. if two half - siblings procreate, their children have three grandparents instead of four ( 25 % ). if a child and parent were to procreate, their offspring would have four grandparents ; so, procreation between parents and children would result in less pedigree collapse than procreation between full siblings β although one of the grandparents would also be a parent and therefore introduce no additional genes. if a person procreates with a full sibling of one of their parents ( as with the uncle - niece marriages mentioned above ), the offspring have four different persons as grandparents, and eight great - grandparents, but again some of these contribute no additional genes ( see inbreeding ). small, isolated populations such as those of remote islands represent extreme examples of pedigree collapse, but the common historical tendency to marry those within walking distance, due to the relative immobility of the population before modern transport, meant that most marriage partners were at least distantly related. even in america around the 19th century, the tendency of immigrants to marry among their ethnic, language or cultural group produced many cousin marriages. if one considers as a function of time t the number of a given individual's ancestors who were alive at time t, it is likely that for most individuals this function has a maximum at around 1200 ad. it was suggested in 1985 that everyone on earth is at most 50th cousin to everyone else, based on a relatively
argued that inheritance plays a significant effect on social stratification. inheritance is an integral component of family, economic, and legal institutions, and a basic mechanism of class stratification. it also affects the distribution of wealth at the societal level. the total cumulative effect of inheritance on stratification outcomes takes three forms, according to scholars who have examined the subject. the first form of inheritance is the inheritance of cultural capital ( i. e. linguistic styles, higher status social circles, and aesthetic preferences ). the second form of inheritance is through familial interventions in the form of inter vivos transfers ( i. e. gifts between the living ), especially at crucial junctures in the life courses. examples include during a child's milestone stages, such as going to college, getting married, getting a job, and purchasing a home. the third form of inheritance is the transfers of bulk estates at the time of death of the testators, thus resulting in significant economic advantage accruing to children during their adult years. the origin of the stability of inequalities is material ( personal possessions one is able to obtain ) and is also cultural, rooted either in varying child - rearing practices that are geared to socialization according to social class and economic position. child - rearing practices among those who inherit wealth may center around favoring some groups at the expense of others at the bottom of the social hierarchy. = = = sociological and economic effects of inheritance inequality = = = it is further argued that the degree to which economic status and inheritance is transmitted across generations determines one's life chances in society. although many have linked one's social origins and educational attainment to life chances and opportunities, education cannot serve as the most influential predictor of economic mobility. in fact, children of well - off parents generally receive better schooling and benefit from material, cultural, and genetic inheritances. likewise, schooling attainment is often persistent across generations and families with higher amounts of inheritance are able to acquire and transmit higher amounts of human capital. lower amounts of human capital and inheritance can perpetuate inequality in the housing market and higher education. research reveals that inheritance plays an important role in the accumulation of housing wealth. those who receive an inheritance are more likely to own a home than those who do not regardless of the size of the inheritance. often, racial or religious minorities and individuals from socially disadvantaged backgrounds receive less inheritance and wealth. as a result, mixed races might be excluded in inheritance privilege and are more likely to rent homes or live
##ng, and a longer juvenile period. parent offspring conflict is a theory synthesized by trivers in the 1970s alongside parental investment. parental offspring conflict is also well documented and develops in tandem with the process of reproduction and parenting. parent - offspring conflict occurs in the relationship between parent and fetus ( in the case of striking a balance between allocating placental energy stores to the growing fetus, while maintaining and metabolic balance of the mothers biology ), and between parent and offspring. parent offspring is expected to be highest during the parental investment period. parent - offspring conflict assumes there will be " disagreements " between parents and offspring about how long parental investment lasts, how resources are allocated, and maintaining the life history trade - offs in the process. = = = = allomaternal care = = = = parental investment provided by individuals other than mothers and fathers is considered allocare. both paternal care and allocare can reduce the energetic costs of parenting for mothers. allocare is often referred as allomaternal care or allomothering if it is provided by anyone other than the mother. based on kin selection theory, it is usually assumed that mothers have been ancestrally necessary to ensure offsprings survival and reproduction. it is less known to what extent paternal investment or care or other types of allocare are a necessity to offspring survival and reproduction. typically maternal care is defined at the most basic level of pregnancy and birth and lactation, but includes other things like provisioning, learning ( in humans ), mirroring ( mirroring behavior of mother ), and holding, carrying, and touching. it has been shown in various studies that allocare can take many forms such as provisioning, providing food, reducing parental costs for parents, time investments, economic investments, and other types of care such as holding. there have been different results from studies in traditional societies and natural fertility populations, than in industrialized societies. allomaternal care has been hypothesized to have influenced ancestral evolution by being associated with increased brain size. allomaternal care is also a part of a larger hypothesis of humans as cooperative breeders whereby allocare discounts the individual costs of parenting, especially when sets of parents have children around the same time as each other, or have other kin or community members to provide care ( see grandmother hypothesis ). cooperative breeding is a social system that given some advantage over time, and cooperative breeding is much more common in humans and relatively rare in other mammalian species. traits in our species that favor cooperative breeding
Answer:
|
All of Trease's children would be measuring lives.
| null |
Trease owned Hilltop in fee simple. By his will, he devised as follows: "Hilltop to such of my grandchildren who shall reach the age of 21; and by 55 this provision I intend to include all grandchildren whenever born." At the time of his death, Trease had three children and two grandchildren. Courts hold such a devise valid under the common law Rule Against Perpetuities. What is the best explanation of that determination?
0. All of Trease's children would be measuring lives.
1. The rule of convenience closes the class of beneficiaries when any grandchild reaches the age of 21.
2. There is a presumption that Trease intended to include only those grandchildren born prior to his death.
3. There is a subsidiary rule of construction that dispositive instruments are to be interpreted so as to uphold interests rather than to invalidate them under the Rule Against Perpetuities
debt to bear in mind to those three generations before one's own, as well as an awareness of one's own legacy bequeathed to the three generations to follow one's own. by reckoning 25 years per generation, the span of lifetimes stretches 75 years before one's birth and 75 years beyond one's death. a variation on the seven generation thinking where self is placed at the center is to expand the span of years that touches one's own lifetime. one such variation was proffered by quaker sociologist elise m. boulding. according to this perspective, a person takes into account the oldest relative or family friend who touched or knew the person as an infant ; for example, a great - great - grandparent of age 90. in the same way, the person should then consider the oldest relative or family friend who touched or knew that great - great - grandparent ; for example, another 90 - year - old person. then the calculation runs forward to the infant whom the person might touch or know during his or her own lifetime ; and by extension again, estimate the number of years when that infant might grow to old age and touch or know still another infant. in total this reaching into the past 180 years and into the future 180 results in the widest frame for understanding one's place in the 360 year period over which one may be known and may know others. in other words, the fact of one's own existence materially touches this very wide span of time. = = contemporary interpretations and applications = = the seven generations principle continues to inform indigenous worldviews in the present day, particularly in relation to sustainability, child rights, and intergenerational equity. according to a 2023 peer - reviewed article in the canadian journal of children's rights, the framework emphasizes long - term thinking and stewardship rooted in the interconnectedness of land, culture, and future generations. in many indigenous communities, including the anishinaabe and haudenosaunee, the principle is seen as both a responsibility and a rights - based approach that involves children as active participants in decision - making processes affecting their future. this aligns with article 12 of the united nations convention on the rights of the child, which supports children's right to be heard in matters impacting them. scholars argue that threats such as climate change, land dispossession, and the legacy of colonialism have disproportionately affected indigenous children, severing cultural ties and harming well -
enumerated circumstances ), a person who would be an heir under intestate laws may be disinherited completely under the terms of a will ( an example is that of the will of comedian jerry lewis ; his will specifically disinherited his six children by his first wife, and their descendants, leaving his entire estate to his second wife ). inheritance has been compared to nepotism. = = history = = detailed anthropological and sociological studies have been made about customs of patrimonial inheritance, where only male children can inherit. some cultures also employ matrilineal succession, where property can only pass along the female line, most commonly going to the sister's sons of the decedent ; but also, in some societies, from the mother to her daughters. some ancient societies and most modern states employ egalitarian inheritance, without discrimination based on gender and / or birth order. = = religious laws about inheritance = = = = = jewish laws = = = the inheritance is patrimonial. the father β that is, the owner of the land β bequeaths only to his male descendants, so the promised land passes from one jewish father to his sons. according to the law of moses, the firstborn son was entitled to receive twice as much of his father's inheritance as the other sons ( deuteronomy 21 : 15 β 17 ). if there were no living sons and no descendants of any previously living sons, daughters inherit. in numbers 27, the five daughters of zelophehad come to moses and ask for their father's inheritance, as they have no brothers. the order of inheritance is set out : a man's sons inherit first, daughters if no sons, brothers if he has no children, and so on. later, in numbers 36, some of the heads of the families of the tribe of manasseh come to moses and point out that, if a daughter inherits and then marries a man not from her paternal tribe, her land will pass from her birth - tribe's inheritance into her marriage - tribe's. so a further rule is laid down : if a daughter inherits land, she must marry someone within her father's tribe. ( the daughters of zelophehad marry the sons'of their father's brothers. there is no indication that this was not their choice. ) the laws of jewish inheritance are discussed in the talmud, in the mishneh torah and by saadiah ben joseph among other
only two sets of great - grandparents rather than four. in addition, each grandfather had married one of their sister's daughters, i. e. they had each married their sororal niece. more generally, in many cultures intermarriage may frequently occur within a small village, limiting the available gene pool. = = ancestry = = the house of habsburg gives a well - documented example of pedigree collapse. in the case of charles ii, the last habsburg king of spain, there were three uncle - niece marriages among the seven unions of his immediate ancestry ( i. e. parents, grandparents and great - grandparents ). his father and two of his great - grandfathers married their nieces. his paternal grandparents were first cousins once removed, but they comprised two of the seven marriages because they were also parents to his maternal grandmother. his maternal grandparents'marriage and the final marriage of great - grandparents was between first cousins. the maximum pedigree collapse of 50 % within a single generation is caused by procreation between full siblings ; such children have only two different grandparents instead of the usual four. if two half - siblings procreate, their children have three grandparents instead of four ( 25 % ). if a child and parent were to procreate, their offspring would have four grandparents ; so, procreation between parents and children would result in less pedigree collapse than procreation between full siblings β although one of the grandparents would also be a parent and therefore introduce no additional genes. if a person procreates with a full sibling of one of their parents ( as with the uncle - niece marriages mentioned above ), the offspring have four different persons as grandparents, and eight great - grandparents, but again some of these contribute no additional genes ( see inbreeding ). small, isolated populations such as those of remote islands represent extreme examples of pedigree collapse, but the common historical tendency to marry those within walking distance, due to the relative immobility of the population before modern transport, meant that most marriage partners were at least distantly related. even in america around the 19th century, the tendency of immigrants to marry among their ethnic, language or cultural group produced many cousin marriages. if one considers as a function of time t the number of a given individual's ancestors who were alive at time t, it is likely that for most individuals this function has a maximum at around 1200 ad. it was suggested in 1985 that everyone on earth is at most 50th cousin to everyone else, based on a relatively
argued that inheritance plays a significant effect on social stratification. inheritance is an integral component of family, economic, and legal institutions, and a basic mechanism of class stratification. it also affects the distribution of wealth at the societal level. the total cumulative effect of inheritance on stratification outcomes takes three forms, according to scholars who have examined the subject. the first form of inheritance is the inheritance of cultural capital ( i. e. linguistic styles, higher status social circles, and aesthetic preferences ). the second form of inheritance is through familial interventions in the form of inter vivos transfers ( i. e. gifts between the living ), especially at crucial junctures in the life courses. examples include during a child's milestone stages, such as going to college, getting married, getting a job, and purchasing a home. the third form of inheritance is the transfers of bulk estates at the time of death of the testators, thus resulting in significant economic advantage accruing to children during their adult years. the origin of the stability of inequalities is material ( personal possessions one is able to obtain ) and is also cultural, rooted either in varying child - rearing practices that are geared to socialization according to social class and economic position. child - rearing practices among those who inherit wealth may center around favoring some groups at the expense of others at the bottom of the social hierarchy. = = = sociological and economic effects of inheritance inequality = = = it is further argued that the degree to which economic status and inheritance is transmitted across generations determines one's life chances in society. although many have linked one's social origins and educational attainment to life chances and opportunities, education cannot serve as the most influential predictor of economic mobility. in fact, children of well - off parents generally receive better schooling and benefit from material, cultural, and genetic inheritances. likewise, schooling attainment is often persistent across generations and families with higher amounts of inheritance are able to acquire and transmit higher amounts of human capital. lower amounts of human capital and inheritance can perpetuate inequality in the housing market and higher education. research reveals that inheritance plays an important role in the accumulation of housing wealth. those who receive an inheritance are more likely to own a home than those who do not regardless of the size of the inheritance. often, racial or religious minorities and individuals from socially disadvantaged backgrounds receive less inheritance and wealth. as a result, mixed races might be excluded in inheritance privilege and are more likely to rent homes or live
##ng, and a longer juvenile period. parent offspring conflict is a theory synthesized by trivers in the 1970s alongside parental investment. parental offspring conflict is also well documented and develops in tandem with the process of reproduction and parenting. parent - offspring conflict occurs in the relationship between parent and fetus ( in the case of striking a balance between allocating placental energy stores to the growing fetus, while maintaining and metabolic balance of the mothers biology ), and between parent and offspring. parent offspring is expected to be highest during the parental investment period. parent - offspring conflict assumes there will be " disagreements " between parents and offspring about how long parental investment lasts, how resources are allocated, and maintaining the life history trade - offs in the process. = = = = allomaternal care = = = = parental investment provided by individuals other than mothers and fathers is considered allocare. both paternal care and allocare can reduce the energetic costs of parenting for mothers. allocare is often referred as allomaternal care or allomothering if it is provided by anyone other than the mother. based on kin selection theory, it is usually assumed that mothers have been ancestrally necessary to ensure offsprings survival and reproduction. it is less known to what extent paternal investment or care or other types of allocare are a necessity to offspring survival and reproduction. typically maternal care is defined at the most basic level of pregnancy and birth and lactation, but includes other things like provisioning, learning ( in humans ), mirroring ( mirroring behavior of mother ), and holding, carrying, and touching. it has been shown in various studies that allocare can take many forms such as provisioning, providing food, reducing parental costs for parents, time investments, economic investments, and other types of care such as holding. there have been different results from studies in traditional societies and natural fertility populations, than in industrialized societies. allomaternal care has been hypothesized to have influenced ancestral evolution by being associated with increased brain size. allomaternal care is also a part of a larger hypothesis of humans as cooperative breeders whereby allocare discounts the individual costs of parenting, especially when sets of parents have children around the same time as each other, or have other kin or community members to provide care ( see grandmother hypothesis ). cooperative breeding is a social system that given some advantage over time, and cooperative breeding is much more common in humans and relatively rare in other mammalian species. traits in our species that favor cooperative breeding
Answer:
|
There is a presumption that Trease intended to include only those grandchildren born prior to his death.
| 0.3 |
Trease owned Hilltop in fee simple. By his will, he devised as follows: "Hilltop to such of my grandchildren who shall reach the age of 21; and by 55 this provision I intend to include all grandchildren whenever born." At the time of his death, Trease had three children and two grandchildrenWhich of the following additions to or changes in the facts of the preceding question would produce a violation of the common law Rule Against Perpetuities?
0. A posthumous child was born to Trease.
1. Trease's will expressed the intention to include all afterborn grandchildren in the gift.
2. The instrument was an inter vivos conveyance rather than a will.
3. Trease had no grandchildren living at the time of his death
debt to bear in mind to those three generations before one's own, as well as an awareness of one's own legacy bequeathed to the three generations to follow one's own. by reckoning 25 years per generation, the span of lifetimes stretches 75 years before one's birth and 75 years beyond one's death. a variation on the seven generation thinking where self is placed at the center is to expand the span of years that touches one's own lifetime. one such variation was proffered by quaker sociologist elise m. boulding. according to this perspective, a person takes into account the oldest relative or family friend who touched or knew the person as an infant ; for example, a great - great - grandparent of age 90. in the same way, the person should then consider the oldest relative or family friend who touched or knew that great - great - grandparent ; for example, another 90 - year - old person. then the calculation runs forward to the infant whom the person might touch or know during his or her own lifetime ; and by extension again, estimate the number of years when that infant might grow to old age and touch or know still another infant. in total this reaching into the past 180 years and into the future 180 results in the widest frame for understanding one's place in the 360 year period over which one may be known and may know others. in other words, the fact of one's own existence materially touches this very wide span of time. = = contemporary interpretations and applications = = the seven generations principle continues to inform indigenous worldviews in the present day, particularly in relation to sustainability, child rights, and intergenerational equity. according to a 2023 peer - reviewed article in the canadian journal of children's rights, the framework emphasizes long - term thinking and stewardship rooted in the interconnectedness of land, culture, and future generations. in many indigenous communities, including the anishinaabe and haudenosaunee, the principle is seen as both a responsibility and a rights - based approach that involves children as active participants in decision - making processes affecting their future. this aligns with article 12 of the united nations convention on the rights of the child, which supports children's right to be heard in matters impacting them. scholars argue that threats such as climate change, land dispossession, and the legacy of colonialism have disproportionately affected indigenous children, severing cultural ties and harming well -
enumerated circumstances ), a person who would be an heir under intestate laws may be disinherited completely under the terms of a will ( an example is that of the will of comedian jerry lewis ; his will specifically disinherited his six children by his first wife, and their descendants, leaving his entire estate to his second wife ). inheritance has been compared to nepotism. = = history = = detailed anthropological and sociological studies have been made about customs of patrimonial inheritance, where only male children can inherit. some cultures also employ matrilineal succession, where property can only pass along the female line, most commonly going to the sister's sons of the decedent ; but also, in some societies, from the mother to her daughters. some ancient societies and most modern states employ egalitarian inheritance, without discrimination based on gender and / or birth order. = = religious laws about inheritance = = = = = jewish laws = = = the inheritance is patrimonial. the father β that is, the owner of the land β bequeaths only to his male descendants, so the promised land passes from one jewish father to his sons. according to the law of moses, the firstborn son was entitled to receive twice as much of his father's inheritance as the other sons ( deuteronomy 21 : 15 β 17 ). if there were no living sons and no descendants of any previously living sons, daughters inherit. in numbers 27, the five daughters of zelophehad come to moses and ask for their father's inheritance, as they have no brothers. the order of inheritance is set out : a man's sons inherit first, daughters if no sons, brothers if he has no children, and so on. later, in numbers 36, some of the heads of the families of the tribe of manasseh come to moses and point out that, if a daughter inherits and then marries a man not from her paternal tribe, her land will pass from her birth - tribe's inheritance into her marriage - tribe's. so a further rule is laid down : if a daughter inherits land, she must marry someone within her father's tribe. ( the daughters of zelophehad marry the sons'of their father's brothers. there is no indication that this was not their choice. ) the laws of jewish inheritance are discussed in the talmud, in the mishneh torah and by saadiah ben joseph among other
argued that inheritance plays a significant effect on social stratification. inheritance is an integral component of family, economic, and legal institutions, and a basic mechanism of class stratification. it also affects the distribution of wealth at the societal level. the total cumulative effect of inheritance on stratification outcomes takes three forms, according to scholars who have examined the subject. the first form of inheritance is the inheritance of cultural capital ( i. e. linguistic styles, higher status social circles, and aesthetic preferences ). the second form of inheritance is through familial interventions in the form of inter vivos transfers ( i. e. gifts between the living ), especially at crucial junctures in the life courses. examples include during a child's milestone stages, such as going to college, getting married, getting a job, and purchasing a home. the third form of inheritance is the transfers of bulk estates at the time of death of the testators, thus resulting in significant economic advantage accruing to children during their adult years. the origin of the stability of inequalities is material ( personal possessions one is able to obtain ) and is also cultural, rooted either in varying child - rearing practices that are geared to socialization according to social class and economic position. child - rearing practices among those who inherit wealth may center around favoring some groups at the expense of others at the bottom of the social hierarchy. = = = sociological and economic effects of inheritance inequality = = = it is further argued that the degree to which economic status and inheritance is transmitted across generations determines one's life chances in society. although many have linked one's social origins and educational attainment to life chances and opportunities, education cannot serve as the most influential predictor of economic mobility. in fact, children of well - off parents generally receive better schooling and benefit from material, cultural, and genetic inheritances. likewise, schooling attainment is often persistent across generations and families with higher amounts of inheritance are able to acquire and transmit higher amounts of human capital. lower amounts of human capital and inheritance can perpetuate inequality in the housing market and higher education. research reveals that inheritance plays an important role in the accumulation of housing wealth. those who receive an inheritance are more likely to own a home than those who do not regardless of the size of the inheritance. often, racial or religious minorities and individuals from socially disadvantaged backgrounds receive less inheritance and wealth. as a result, mixed races might be excluded in inheritance privilege and are more likely to rent homes or live
only two sets of great - grandparents rather than four. in addition, each grandfather had married one of their sister's daughters, i. e. they had each married their sororal niece. more generally, in many cultures intermarriage may frequently occur within a small village, limiting the available gene pool. = = ancestry = = the house of habsburg gives a well - documented example of pedigree collapse. in the case of charles ii, the last habsburg king of spain, there were three uncle - niece marriages among the seven unions of his immediate ancestry ( i. e. parents, grandparents and great - grandparents ). his father and two of his great - grandfathers married their nieces. his paternal grandparents were first cousins once removed, but they comprised two of the seven marriages because they were also parents to his maternal grandmother. his maternal grandparents'marriage and the final marriage of great - grandparents was between first cousins. the maximum pedigree collapse of 50 % within a single generation is caused by procreation between full siblings ; such children have only two different grandparents instead of the usual four. if two half - siblings procreate, their children have three grandparents instead of four ( 25 % ). if a child and parent were to procreate, their offspring would have four grandparents ; so, procreation between parents and children would result in less pedigree collapse than procreation between full siblings β although one of the grandparents would also be a parent and therefore introduce no additional genes. if a person procreates with a full sibling of one of their parents ( as with the uncle - niece marriages mentioned above ), the offspring have four different persons as grandparents, and eight great - grandparents, but again some of these contribute no additional genes ( see inbreeding ). small, isolated populations such as those of remote islands represent extreme examples of pedigree collapse, but the common historical tendency to marry those within walking distance, due to the relative immobility of the population before modern transport, meant that most marriage partners were at least distantly related. even in america around the 19th century, the tendency of immigrants to marry among their ethnic, language or cultural group produced many cousin marriages. if one considers as a function of time t the number of a given individual's ancestors who were alive at time t, it is likely that for most individuals this function has a maximum at around 1200 ad. it was suggested in 1985 that everyone on earth is at most 50th cousin to everyone else, based on a relatively
inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. the rules of inheritance differ among societies and have changed over time. officially bequeathing private property and / or debts can be performed by a testator via will, as attested by a notary or by other lawful means. = = terminology = = in law, an " heir " ( fem : heiress ) is a person who is entitled to receive a share of property from a decedent ( a person who died ), subject to the rules of inheritance in the jurisdiction where the decedent was a citizen, or where the decedent died or owned property at the time of death. the inheritance may be either under the terms of a will or by intestate laws if the deceased had no will. however, the will must comply with the laws of the jurisdiction at the time it was created or it will be declared invalid ( for example, some states do not recognise handwritten wills as valid, or only in specific circumstances ) and the intestate laws then apply. the exclusion from inheritance of a person who was an heir in a previous will, or would otherwise be expected to inherit, is termed " disinheritance ". a person does not become an heir before the death of the deceased, since the exact identity of the persons entitled to inherit is determined only then. members of ruling noble or royal houses who are expected to become heirs are called heirs apparent if first in line and incapable of being displaced from inheriting by another claim ; otherwise, they are heirs presumptive. there is a further concept of joint inheritance, pending renunciation by all but one, which is called coparceny. in modern law, the terms inheritance and heir refer exclusively to succession to property by descent from a deceased dying intestate. takers in property succeeded to under a will are termed generally beneficiaries, and specifically devises for real property, bequests for personal property ( except money ), or legatees for money. except in some jurisdictions where a person cannot be legally disinherited ( such as the united states state of louisiana, which allows disinheritance only under specifically enumerated circumstances ), a person who would be an heir under intestate laws may be disinherited completely under the terms of a will ( an example is that of the will of comedian jerry lewis ; his will specifically disinher
Answer:
|
The instrument was an inter vivos conveyance rather than a will.
| null |
Trease owned Hilltop in fee simple. By his will, he devised as follows: "Hilltop to such of my grandchildren who shall reach the age of 21; and by 55 this provision I intend to include all grandchildren whenever born." At the time of his death, Trease had three children and two grandchildrenWhich of the following additions to or changes in the facts of the preceding question would produce a violation of the common law Rule Against Perpetuities?
0. A posthumous child was born to Trease.
1. Trease's will expressed the intention to include all afterborn grandchildren in the gift.
2. The instrument was an inter vivos conveyance rather than a will.
3. Trease had no grandchildren living at the time of his death
debt to bear in mind to those three generations before one's own, as well as an awareness of one's own legacy bequeathed to the three generations to follow one's own. by reckoning 25 years per generation, the span of lifetimes stretches 75 years before one's birth and 75 years beyond one's death. a variation on the seven generation thinking where self is placed at the center is to expand the span of years that touches one's own lifetime. one such variation was proffered by quaker sociologist elise m. boulding. according to this perspective, a person takes into account the oldest relative or family friend who touched or knew the person as an infant ; for example, a great - great - grandparent of age 90. in the same way, the person should then consider the oldest relative or family friend who touched or knew that great - great - grandparent ; for example, another 90 - year - old person. then the calculation runs forward to the infant whom the person might touch or know during his or her own lifetime ; and by extension again, estimate the number of years when that infant might grow to old age and touch or know still another infant. in total this reaching into the past 180 years and into the future 180 results in the widest frame for understanding one's place in the 360 year period over which one may be known and may know others. in other words, the fact of one's own existence materially touches this very wide span of time. = = contemporary interpretations and applications = = the seven generations principle continues to inform indigenous worldviews in the present day, particularly in relation to sustainability, child rights, and intergenerational equity. according to a 2023 peer - reviewed article in the canadian journal of children's rights, the framework emphasizes long - term thinking and stewardship rooted in the interconnectedness of land, culture, and future generations. in many indigenous communities, including the anishinaabe and haudenosaunee, the principle is seen as both a responsibility and a rights - based approach that involves children as active participants in decision - making processes affecting their future. this aligns with article 12 of the united nations convention on the rights of the child, which supports children's right to be heard in matters impacting them. scholars argue that threats such as climate change, land dispossession, and the legacy of colonialism have disproportionately affected indigenous children, severing cultural ties and harming well -
enumerated circumstances ), a person who would be an heir under intestate laws may be disinherited completely under the terms of a will ( an example is that of the will of comedian jerry lewis ; his will specifically disinherited his six children by his first wife, and their descendants, leaving his entire estate to his second wife ). inheritance has been compared to nepotism. = = history = = detailed anthropological and sociological studies have been made about customs of patrimonial inheritance, where only male children can inherit. some cultures also employ matrilineal succession, where property can only pass along the female line, most commonly going to the sister's sons of the decedent ; but also, in some societies, from the mother to her daughters. some ancient societies and most modern states employ egalitarian inheritance, without discrimination based on gender and / or birth order. = = religious laws about inheritance = = = = = jewish laws = = = the inheritance is patrimonial. the father β that is, the owner of the land β bequeaths only to his male descendants, so the promised land passes from one jewish father to his sons. according to the law of moses, the firstborn son was entitled to receive twice as much of his father's inheritance as the other sons ( deuteronomy 21 : 15 β 17 ). if there were no living sons and no descendants of any previously living sons, daughters inherit. in numbers 27, the five daughters of zelophehad come to moses and ask for their father's inheritance, as they have no brothers. the order of inheritance is set out : a man's sons inherit first, daughters if no sons, brothers if he has no children, and so on. later, in numbers 36, some of the heads of the families of the tribe of manasseh come to moses and point out that, if a daughter inherits and then marries a man not from her paternal tribe, her land will pass from her birth - tribe's inheritance into her marriage - tribe's. so a further rule is laid down : if a daughter inherits land, she must marry someone within her father's tribe. ( the daughters of zelophehad marry the sons'of their father's brothers. there is no indication that this was not their choice. ) the laws of jewish inheritance are discussed in the talmud, in the mishneh torah and by saadiah ben joseph among other
argued that inheritance plays a significant effect on social stratification. inheritance is an integral component of family, economic, and legal institutions, and a basic mechanism of class stratification. it also affects the distribution of wealth at the societal level. the total cumulative effect of inheritance on stratification outcomes takes three forms, according to scholars who have examined the subject. the first form of inheritance is the inheritance of cultural capital ( i. e. linguistic styles, higher status social circles, and aesthetic preferences ). the second form of inheritance is through familial interventions in the form of inter vivos transfers ( i. e. gifts between the living ), especially at crucial junctures in the life courses. examples include during a child's milestone stages, such as going to college, getting married, getting a job, and purchasing a home. the third form of inheritance is the transfers of bulk estates at the time of death of the testators, thus resulting in significant economic advantage accruing to children during their adult years. the origin of the stability of inequalities is material ( personal possessions one is able to obtain ) and is also cultural, rooted either in varying child - rearing practices that are geared to socialization according to social class and economic position. child - rearing practices among those who inherit wealth may center around favoring some groups at the expense of others at the bottom of the social hierarchy. = = = sociological and economic effects of inheritance inequality = = = it is further argued that the degree to which economic status and inheritance is transmitted across generations determines one's life chances in society. although many have linked one's social origins and educational attainment to life chances and opportunities, education cannot serve as the most influential predictor of economic mobility. in fact, children of well - off parents generally receive better schooling and benefit from material, cultural, and genetic inheritances. likewise, schooling attainment is often persistent across generations and families with higher amounts of inheritance are able to acquire and transmit higher amounts of human capital. lower amounts of human capital and inheritance can perpetuate inequality in the housing market and higher education. research reveals that inheritance plays an important role in the accumulation of housing wealth. those who receive an inheritance are more likely to own a home than those who do not regardless of the size of the inheritance. often, racial or religious minorities and individuals from socially disadvantaged backgrounds receive less inheritance and wealth. as a result, mixed races might be excluded in inheritance privilege and are more likely to rent homes or live
only two sets of great - grandparents rather than four. in addition, each grandfather had married one of their sister's daughters, i. e. they had each married their sororal niece. more generally, in many cultures intermarriage may frequently occur within a small village, limiting the available gene pool. = = ancestry = = the house of habsburg gives a well - documented example of pedigree collapse. in the case of charles ii, the last habsburg king of spain, there were three uncle - niece marriages among the seven unions of his immediate ancestry ( i. e. parents, grandparents and great - grandparents ). his father and two of his great - grandfathers married their nieces. his paternal grandparents were first cousins once removed, but they comprised two of the seven marriages because they were also parents to his maternal grandmother. his maternal grandparents'marriage and the final marriage of great - grandparents was between first cousins. the maximum pedigree collapse of 50 % within a single generation is caused by procreation between full siblings ; such children have only two different grandparents instead of the usual four. if two half - siblings procreate, their children have three grandparents instead of four ( 25 % ). if a child and parent were to procreate, their offspring would have four grandparents ; so, procreation between parents and children would result in less pedigree collapse than procreation between full siblings β although one of the grandparents would also be a parent and therefore introduce no additional genes. if a person procreates with a full sibling of one of their parents ( as with the uncle - niece marriages mentioned above ), the offspring have four different persons as grandparents, and eight great - grandparents, but again some of these contribute no additional genes ( see inbreeding ). small, isolated populations such as those of remote islands represent extreme examples of pedigree collapse, but the common historical tendency to marry those within walking distance, due to the relative immobility of the population before modern transport, meant that most marriage partners were at least distantly related. even in america around the 19th century, the tendency of immigrants to marry among their ethnic, language or cultural group produced many cousin marriages. if one considers as a function of time t the number of a given individual's ancestors who were alive at time t, it is likely that for most individuals this function has a maximum at around 1200 ad. it was suggested in 1985 that everyone on earth is at most 50th cousin to everyone else, based on a relatively
inheritance is the practice of receiving private property, titles, debts, entitlements, privileges, rights, and obligations upon the death of an individual. the rules of inheritance differ among societies and have changed over time. officially bequeathing private property and / or debts can be performed by a testator via will, as attested by a notary or by other lawful means. = = terminology = = in law, an " heir " ( fem : heiress ) is a person who is entitled to receive a share of property from a decedent ( a person who died ), subject to the rules of inheritance in the jurisdiction where the decedent was a citizen, or where the decedent died or owned property at the time of death. the inheritance may be either under the terms of a will or by intestate laws if the deceased had no will. however, the will must comply with the laws of the jurisdiction at the time it was created or it will be declared invalid ( for example, some states do not recognise handwritten wills as valid, or only in specific circumstances ) and the intestate laws then apply. the exclusion from inheritance of a person who was an heir in a previous will, or would otherwise be expected to inherit, is termed " disinheritance ". a person does not become an heir before the death of the deceased, since the exact identity of the persons entitled to inherit is determined only then. members of ruling noble or royal houses who are expected to become heirs are called heirs apparent if first in line and incapable of being displaced from inheriting by another claim ; otherwise, they are heirs presumptive. there is a further concept of joint inheritance, pending renunciation by all but one, which is called coparceny. in modern law, the terms inheritance and heir refer exclusively to succession to property by descent from a deceased dying intestate. takers in property succeeded to under a will are termed generally beneficiaries, and specifically devises for real property, bequests for personal property ( except money ), or legatees for money. except in some jurisdictions where a person cannot be legally disinherited ( such as the united states state of louisiana, which allows disinheritance only under specifically enumerated circumstances ), a person who would be an heir under intestate laws may be disinherited completely under the terms of a will ( an example is that of the will of comedian jerry lewis ; his will specifically disinher
Answer:
|
A posthumous child was born to Trease.
| 0.3 |
Victim, injured by Driver in an auto accident, employed attorney First to represent him in the matter. Victim was chronically insolvent and expressed doubt whether he could promptly get necessary medical treatment. Accordingly, First wrote into their contract his promise to Victim "to pay from any settlement with Driver compensation to any physician who provides professional services for Victim's injuries." The contract also provided that First's duties were "nonassignable." First immediately filed suit against Driver. Victim then sought and received medical treatment, reasonably valued at $1,000, from Doctor, After receiving a bill from Doctor for $1,000, Victim immediately wrote Doctor explaining that he was unable to pay and enclosing a copy of his contract with First. Victim then asked First about payment of this bill, but First requested a release from their employment contract, stating that he would like to refer Victim's claim to attorney Second and that Second was willing to represent Victim in the pending lawsuit. Victim wrote a letter to First releasing him from their contract and agreeing to Second's representation. A copy of this letter was sent to Doctor. Second subsequently promised First to represent Victim and soon negotiated a settlement of Victim's claim against Driver which netted $1,000, all of which was paid by Victim to creditors other than Doctor. Victim remains insolvent but failed to inform Doctor of First's promise. "In an action by Doctor against Victim to recover $1,000, Doctor's best theory of recovery is that Doctor
0. is a creditor beneficiary of the employment contract between Victim and First.
1. is a donee beneficiary of the employment contract between Victim and First.
2. provided services essential to the preservation of Victim's health.
3. has a claim based upon an implied-in-fact contract with Victi
= = = in february 2024, a multidistrict litigation ( mdl ) was established in the northern district of california against uber technologies, inc., consolidating numerous claims from among the more than 3, 000 sexual assault lawsuits filed against the company in state and federal courts. these lawsuits allege uber prioritized growth over safety by using inadequate background checks, skipping in - person driver vetting, and failing to invest in preventive measures such as cameras or monitoring systems. it also claims uber knowingly put vulnerable passengers, such as intoxicated women, at risk through its marketing and business practices. the litigation seeks injunctive relief, damages and changes to uber's safety policies. some survivors have chosen to pursue justice in state courts outside of the mdl, seeking faster resolutions and a more individualized approach. = = = wage theft claims = = = in 2020, 5, 000 drivers filed wage and hour claims with the california labour commission office against uber and lyft, alleging they were misclassified as independent contractors. rideshare drivers united in california claim that at least 250, 000 individual rideshare drivers in california who drove for the apps between 2016 and 2020 are estimated to be eligible for the settlement for wage theft claims of tens of billions of dollars. = = corporate affairs = = = = = leadership = = = uber's key management as of may 2025 consists of : dara khosrowshahi, chief executive officer prashanth mahendra - rajah, chief financial officer tony west, chief legal officer nikki krishnamurthy, chief people officer andrew macdonald, senior vice president, mobility & business operations gus fuldner, senior vice president, safety & core services pierre - dimitri gore - coty, senior vice president, delivery albert greenberg, vice president, platform engineering sachin kansal, chief product officer praveen neppalli naga, chief technology officer for mobility & delivery jill hazelbaker, senior vice president, marketing and public affairs = = = finances = = = uber has posted hundreds of millions or billions of dollars in losses each year from 2014 until 2022 except for 2018, when it exited from the markets in russia, china, and southeast asia in exchange for stakes in rival businesses. by the end of 2022, uber had us $ 32. 11 billion in assets and $ 24. 03 billion in liabilities. uber posted annual operating profits in 2023, totaling $ 1. 88 billion, after accumulating $ 31. 5
from potential recoveries in the tort system. = = = = medicaid and medicare reimbursement = = = = the federal medicare secondary payer law imposes penalties for paying settlements directly to claimants without repaying the government for medical costs covered under the same programs under the legal doctrine of subrogation. in late 2016, attorneys general from 13 states sent demand letters to bankruptcy trusts for armstrong world industries, babcock & wilcox, dii, and owens corning. the purpose of the demand letters was to determine if the funds are reimbursing states for medical treatment received under medicaid and medicare. = = = = bankruptcy trusts and litigated claims = = = = the pursuit of compensation for asbestos injuries often involves both litigation against solvent defendants and filing claims against asbestos bankruptcy trusts. the amount of compensation recovered by an injured plaintiff may depend on whether evidence of exposure to products from bankrupt firms is introduced at trial. if no evidence of exposure from bankrupt firms is presented then increased financial responsibility is likely to be assigned to solvent defendants. researchers from rand corporation found that if a company filed for bankruptcy plaintiffs claimed exposure to their products in interrogatories and depositions at significantly reduced rates. when a plaintiff claiming an asbestos injury has filed a claim against a solvent defendant, courts may extend or reopen discovery when it is discovered that the plaintiff failed to disclose a trust claims. for example, in the 2008 case of edwards v. john crane - houdaille, inc production of claim forms was delayed until two weeks before trial. in the 2004 case of stoeckler v. american oil co. the defendants discovered that the plaintiff did not disclose trust claims only three days after the start of the trial, resulting in the re - opening of discovery. to help avoid this type of issue, judges will often adopt mandatory disclosure obligations for bankruptcy trust claims. = = regulation = = according to a september 2004 of the american journal of respiratory and critical care medicine, asbestos is still a hazard for 1. 3 million us workers in the construction industry and for workers involved in the maintenance of buildings and equipment. asbestos is not part of an astm ( american society for testing and materials ) e 1527 - 05 phase i environmental site assessment ( esa ). a building survey for asbestos is considered an out - of - scope consideration under the industry standard astm 1527 - 05 phase i esa ( see astm e 1527 - 05 ). astm standard e 2356 - 04 should be consulted by the owner or owner
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 β 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 β 48, 162 β 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
, and sherman potter all possess a caring and humorous bedside manner meant to help patients cope with traumatic injuries. charles winchester initially possesses no real bedside manner, acting with detached professionalism, until the rigors of his job help him develop a sense of compassion for his patients. frank burns has a poor bedside manner, constantly minimizing the seriousness of his patients'injuries, accusing them of cowardice and goading them to return to the front lines. = = see also = = = = references = = = = further information = = alexander gc, casalino lp, meltzer do ( august 2003 ). " patient - physician communication about out - of - pocket costs ". jama. 290 ( 7 ) : 953 β 8. doi : 10. 1001 / jama. 290. 7. 953. pmid 12928475. alexander gc, casalino lp, tseng cw, mcfadden d, meltzer do ( august 2004 ). " barriers to patient - physician communication about out - of - pocket costs ". j gen intern med. 19 ( 8 ) : 856 β 60. doi : 10. 1111 / j. 1525 - 1497. 2004. 30249. x. pmc 1492500. pmid 15242471. alexander gc, casalino lp, meltzer do ( march 2005 ). " physician strategies to reduce patients'out - of - pocket prescription costs ". arch. intern. med. 165 ( 6 ) : 633 β 6. doi : 10. 1001 / archinte. 165. 6. 633. pmid 15795338. alexander gc, lantos jd ( 2006 ). " the doctor - patient relationship in the post - managed care era ". am j bioeth. 6 ( 1 ) : 29 β 32. doi : 10. 1080 / 15265160500394556. pmid 16423784. s2cid 8019757. pham hh, alexander gc, o'malley as ( april 2007 ). " physician consideration of patients'out - of - pocket costs in making common clinical decisions ". arch. intern. med. 167 ( 7 ) : 663 β 8. doi : 10. 1001 / archinte. 167. 7. 663. pmid 17420424. = = external links = = report of a large summit of patients and physicians, where the ideal patient - physician relationship in the 21st century was discussed
disputed. technology ( such as algorithmic controls ) which connects sharers also allows for the development of policies and standards of service. companies can act as'guardians'of their customer base by monitoring their employee's behavior. for example, uber and lyft can monitor their employees'driving behavior, location, and provide emergency assistance. several studies have shown that in the united states, the sharing economy restructures how legal disputes are resolved and who is considered the victims of potential crime. in the united states's civil law, the dispute is between two individuals, determining which individual ( if any ) is the victim of the other party. u. s. criminal law considers the actions of a criminal who " victimizes " the state or federal law ( s ) by breaking said law ( s ). in criminal law cases, a government court punishes the offender to make the legal victim ( the government ) whole, but any civilian victim does not necessarily receive restitution from the state. in civil law cases, it is the direct victim party, not the state, who receives the compensatory restitution, fees, or fines. while it is possible for both kinds of law to apply to a case, the additional contracts created in sharing economy agreements creates the opportunity for more cases to be classified as civil law disputes. when the sharing economy is directly involved, the victim is the individual rather than the state. this means the civilian victim of a crime is more likely to receive compensation under a civil law case in the sharing economy than in the criminal law precedent. the introduction of civil law cases has the potential to increase victims'ability to be made whole, since the legal change shifts incentives of consumers towards action. = = benefits = = suggested benefits of the sharing economy include : = = = additional flexible job opportunities as gig workers = = = freelance work entails better opportunities for employment, as well as more flexibility for workers, since people have the ability to pick and choose the time and place of their work. as freelance workers, people can plan around their existing schedules and maintain multiple jobs if needed. evidence of the appeal to this type of work can be seen from a 2015 survey conducted by the freelancers union, which showed that around 34 % of the u. s. population was involved in freelance work. freelance work can also be beneficial for small businesses. during their early developmental stages, many small companies can't afford or aren't in need of full - time departments, but rather require specialized work for a certain
Answer:
|
has a claim based upon an implied-in-fact contract with Victi
| null |
Victim, injured by Driver in an auto accident, employed attorney First to represent him in the matter. Victim was chronically insolvent and expressed doubt whether he could promptly get necessary medical treatment. Accordingly, First wrote into their contract his promise to Victim "to pay from any settlement with Driver compensation to any physician who provides professional services for Victim's injuries." The contract also provided that First's duties were "nonassignable." First immediately filed suit against Driver. Victim then sought and received medical treatment, reasonably valued at $1,000, from Doctor, After receiving a bill from Doctor for $1,000, Victim immediately wrote Doctor explaining that he was unable to pay and enclosing a copy of his contract with First. Victim then asked First about payment of this bill, but First requested a release from their employment contract, stating that he would like to refer Victim's claim to attorney Second and that Second was willing to represent Victim in the pending lawsuit. Victim wrote a letter to First releasing him from their contract and agreeing to Second's representation. A copy of this letter was sent to Doctor. Second subsequently promised First to represent Victim and soon negotiated a settlement of Victim's claim against Driver which netted $1,000, all of which was paid by Victim to creditors other than Doctor. Victim remains insolvent but failed to inform Doctor of First's promise. "In an action by Doctor against Victim to recover $1,000, Doctor's best theory of recovery is that Doctor
0. is a creditor beneficiary of the employment contract between Victim and First.
1. is a donee beneficiary of the employment contract between Victim and First.
2. provided services essential to the preservation of Victim's health.
3. has a claim based upon an implied-in-fact contract with Victi
= = = in february 2024, a multidistrict litigation ( mdl ) was established in the northern district of california against uber technologies, inc., consolidating numerous claims from among the more than 3, 000 sexual assault lawsuits filed against the company in state and federal courts. these lawsuits allege uber prioritized growth over safety by using inadequate background checks, skipping in - person driver vetting, and failing to invest in preventive measures such as cameras or monitoring systems. it also claims uber knowingly put vulnerable passengers, such as intoxicated women, at risk through its marketing and business practices. the litigation seeks injunctive relief, damages and changes to uber's safety policies. some survivors have chosen to pursue justice in state courts outside of the mdl, seeking faster resolutions and a more individualized approach. = = = wage theft claims = = = in 2020, 5, 000 drivers filed wage and hour claims with the california labour commission office against uber and lyft, alleging they were misclassified as independent contractors. rideshare drivers united in california claim that at least 250, 000 individual rideshare drivers in california who drove for the apps between 2016 and 2020 are estimated to be eligible for the settlement for wage theft claims of tens of billions of dollars. = = corporate affairs = = = = = leadership = = = uber's key management as of may 2025 consists of : dara khosrowshahi, chief executive officer prashanth mahendra - rajah, chief financial officer tony west, chief legal officer nikki krishnamurthy, chief people officer andrew macdonald, senior vice president, mobility & business operations gus fuldner, senior vice president, safety & core services pierre - dimitri gore - coty, senior vice president, delivery albert greenberg, vice president, platform engineering sachin kansal, chief product officer praveen neppalli naga, chief technology officer for mobility & delivery jill hazelbaker, senior vice president, marketing and public affairs = = = finances = = = uber has posted hundreds of millions or billions of dollars in losses each year from 2014 until 2022 except for 2018, when it exited from the markets in russia, china, and southeast asia in exchange for stakes in rival businesses. by the end of 2022, uber had us $ 32. 11 billion in assets and $ 24. 03 billion in liabilities. uber posted annual operating profits in 2023, totaling $ 1. 88 billion, after accumulating $ 31. 5
from potential recoveries in the tort system. = = = = medicaid and medicare reimbursement = = = = the federal medicare secondary payer law imposes penalties for paying settlements directly to claimants without repaying the government for medical costs covered under the same programs under the legal doctrine of subrogation. in late 2016, attorneys general from 13 states sent demand letters to bankruptcy trusts for armstrong world industries, babcock & wilcox, dii, and owens corning. the purpose of the demand letters was to determine if the funds are reimbursing states for medical treatment received under medicaid and medicare. = = = = bankruptcy trusts and litigated claims = = = = the pursuit of compensation for asbestos injuries often involves both litigation against solvent defendants and filing claims against asbestos bankruptcy trusts. the amount of compensation recovered by an injured plaintiff may depend on whether evidence of exposure to products from bankrupt firms is introduced at trial. if no evidence of exposure from bankrupt firms is presented then increased financial responsibility is likely to be assigned to solvent defendants. researchers from rand corporation found that if a company filed for bankruptcy plaintiffs claimed exposure to their products in interrogatories and depositions at significantly reduced rates. when a plaintiff claiming an asbestos injury has filed a claim against a solvent defendant, courts may extend or reopen discovery when it is discovered that the plaintiff failed to disclose a trust claims. for example, in the 2008 case of edwards v. john crane - houdaille, inc production of claim forms was delayed until two weeks before trial. in the 2004 case of stoeckler v. american oil co. the defendants discovered that the plaintiff did not disclose trust claims only three days after the start of the trial, resulting in the re - opening of discovery. to help avoid this type of issue, judges will often adopt mandatory disclosure obligations for bankruptcy trust claims. = = regulation = = according to a september 2004 of the american journal of respiratory and critical care medicine, asbestos is still a hazard for 1. 3 million us workers in the construction industry and for workers involved in the maintenance of buildings and equipment. asbestos is not part of an astm ( american society for testing and materials ) e 1527 - 05 phase i environmental site assessment ( esa ). a building survey for asbestos is considered an out - of - scope consideration under the industry standard astm 1527 - 05 phase i esa ( see astm e 1527 - 05 ). astm standard e 2356 - 04 should be consulted by the owner or owner
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 β 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 β 48, 162 β 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
, and sherman potter all possess a caring and humorous bedside manner meant to help patients cope with traumatic injuries. charles winchester initially possesses no real bedside manner, acting with detached professionalism, until the rigors of his job help him develop a sense of compassion for his patients. frank burns has a poor bedside manner, constantly minimizing the seriousness of his patients'injuries, accusing them of cowardice and goading them to return to the front lines. = = see also = = = = references = = = = further information = = alexander gc, casalino lp, meltzer do ( august 2003 ). " patient - physician communication about out - of - pocket costs ". jama. 290 ( 7 ) : 953 β 8. doi : 10. 1001 / jama. 290. 7. 953. pmid 12928475. alexander gc, casalino lp, tseng cw, mcfadden d, meltzer do ( august 2004 ). " barriers to patient - physician communication about out - of - pocket costs ". j gen intern med. 19 ( 8 ) : 856 β 60. doi : 10. 1111 / j. 1525 - 1497. 2004. 30249. x. pmc 1492500. pmid 15242471. alexander gc, casalino lp, meltzer do ( march 2005 ). " physician strategies to reduce patients'out - of - pocket prescription costs ". arch. intern. med. 165 ( 6 ) : 633 β 6. doi : 10. 1001 / archinte. 165. 6. 633. pmid 15795338. alexander gc, lantos jd ( 2006 ). " the doctor - patient relationship in the post - managed care era ". am j bioeth. 6 ( 1 ) : 29 β 32. doi : 10. 1080 / 15265160500394556. pmid 16423784. s2cid 8019757. pham hh, alexander gc, o'malley as ( april 2007 ). " physician consideration of patients'out - of - pocket costs in making common clinical decisions ". arch. intern. med. 167 ( 7 ) : 663 β 8. doi : 10. 1001 / archinte. 167. 7. 663. pmid 17420424. = = external links = = report of a large summit of patients and physicians, where the ideal patient - physician relationship in the 21st century was discussed
disputed. technology ( such as algorithmic controls ) which connects sharers also allows for the development of policies and standards of service. companies can act as'guardians'of their customer base by monitoring their employee's behavior. for example, uber and lyft can monitor their employees'driving behavior, location, and provide emergency assistance. several studies have shown that in the united states, the sharing economy restructures how legal disputes are resolved and who is considered the victims of potential crime. in the united states's civil law, the dispute is between two individuals, determining which individual ( if any ) is the victim of the other party. u. s. criminal law considers the actions of a criminal who " victimizes " the state or federal law ( s ) by breaking said law ( s ). in criminal law cases, a government court punishes the offender to make the legal victim ( the government ) whole, but any civilian victim does not necessarily receive restitution from the state. in civil law cases, it is the direct victim party, not the state, who receives the compensatory restitution, fees, or fines. while it is possible for both kinds of law to apply to a case, the additional contracts created in sharing economy agreements creates the opportunity for more cases to be classified as civil law disputes. when the sharing economy is directly involved, the victim is the individual rather than the state. this means the civilian victim of a crime is more likely to receive compensation under a civil law case in the sharing economy than in the criminal law precedent. the introduction of civil law cases has the potential to increase victims'ability to be made whole, since the legal change shifts incentives of consumers towards action. = = benefits = = suggested benefits of the sharing economy include : = = = additional flexible job opportunities as gig workers = = = freelance work entails better opportunities for employment, as well as more flexibility for workers, since people have the ability to pick and choose the time and place of their work. as freelance workers, people can plan around their existing schedules and maintain multiple jobs if needed. evidence of the appeal to this type of work can be seen from a 2015 survey conducted by the freelancers union, which showed that around 34 % of the u. s. population was involved in freelance work. freelance work can also be beneficial for small businesses. during their early developmental stages, many small companies can't afford or aren't in need of full - time departments, but rather require specialized work for a certain
Answer:
|
is a creditor beneficiary of the employment contract between Victim and First.
| 0.3 |
Victim, injured by Driver in an auto accident, employed attorney First to represent him in the matter. Victim was chronically insolvent and expressed doubt whether he could promptly get necessary medical treatment. Accordingly, First wrote into their contract his promise to Victim "to pay from any settlement with Driver compensation to any physician who provides professional services for Victim's injuries." The contract also provided that First's duties were "nonassignable." First immediately filed suit against Driver. Victim then sought and received medical treatment, reasonably valued at $1,000, from Doctor, After receiving a bill from Doctor for $1,000, Victim immediately wrote Doctor explaining that he was unable to pay and enclosing a copy of his contract with First. Victim then asked First about payment of this bill, but First requested a release from their employment contract, stating that he would like to refer Victim's claim to attorney Second and that Second was willing to represent Victim in the pending lawsuit. Victim wrote a letter to First releasing him from their contract and agreeing to Second's representation. A copy of this letter was sent to Doctor. Second subsequently promised First to represent Victim and soon negotiated a settlement of Victim's claim against Driver which netted $1,000, all of which was paid by Victim to creditors other than Doctor. Victim remains insolvent but failed to inform Doctor of First's promise. ". In an action by Doctor against First upon First's employment contract with Victim, First is likely to argue in defense that
0. the anti-assignment clause in First's contract with Victim is void as against public policy.
1. First has relied to his detriment on Victim's letter of release.
2. third parties cannot acquire valid claims under an attorney-client contract.
3. Doctor has not materially changed his position in reliance upon First's employment contract
= = = in february 2024, a multidistrict litigation ( mdl ) was established in the northern district of california against uber technologies, inc., consolidating numerous claims from among the more than 3, 000 sexual assault lawsuits filed against the company in state and federal courts. these lawsuits allege uber prioritized growth over safety by using inadequate background checks, skipping in - person driver vetting, and failing to invest in preventive measures such as cameras or monitoring systems. it also claims uber knowingly put vulnerable passengers, such as intoxicated women, at risk through its marketing and business practices. the litigation seeks injunctive relief, damages and changes to uber's safety policies. some survivors have chosen to pursue justice in state courts outside of the mdl, seeking faster resolutions and a more individualized approach. = = = wage theft claims = = = in 2020, 5, 000 drivers filed wage and hour claims with the california labour commission office against uber and lyft, alleging they were misclassified as independent contractors. rideshare drivers united in california claim that at least 250, 000 individual rideshare drivers in california who drove for the apps between 2016 and 2020 are estimated to be eligible for the settlement for wage theft claims of tens of billions of dollars. = = corporate affairs = = = = = leadership = = = uber's key management as of may 2025 consists of : dara khosrowshahi, chief executive officer prashanth mahendra - rajah, chief financial officer tony west, chief legal officer nikki krishnamurthy, chief people officer andrew macdonald, senior vice president, mobility & business operations gus fuldner, senior vice president, safety & core services pierre - dimitri gore - coty, senior vice president, delivery albert greenberg, vice president, platform engineering sachin kansal, chief product officer praveen neppalli naga, chief technology officer for mobility & delivery jill hazelbaker, senior vice president, marketing and public affairs = = = finances = = = uber has posted hundreds of millions or billions of dollars in losses each year from 2014 until 2022 except for 2018, when it exited from the markets in russia, china, and southeast asia in exchange for stakes in rival businesses. by the end of 2022, uber had us $ 32. 11 billion in assets and $ 24. 03 billion in liabilities. uber posted annual operating profits in 2023, totaling $ 1. 88 billion, after accumulating $ 31. 5
from potential recoveries in the tort system. = = = = medicaid and medicare reimbursement = = = = the federal medicare secondary payer law imposes penalties for paying settlements directly to claimants without repaying the government for medical costs covered under the same programs under the legal doctrine of subrogation. in late 2016, attorneys general from 13 states sent demand letters to bankruptcy trusts for armstrong world industries, babcock & wilcox, dii, and owens corning. the purpose of the demand letters was to determine if the funds are reimbursing states for medical treatment received under medicaid and medicare. = = = = bankruptcy trusts and litigated claims = = = = the pursuit of compensation for asbestos injuries often involves both litigation against solvent defendants and filing claims against asbestos bankruptcy trusts. the amount of compensation recovered by an injured plaintiff may depend on whether evidence of exposure to products from bankrupt firms is introduced at trial. if no evidence of exposure from bankrupt firms is presented then increased financial responsibility is likely to be assigned to solvent defendants. researchers from rand corporation found that if a company filed for bankruptcy plaintiffs claimed exposure to their products in interrogatories and depositions at significantly reduced rates. when a plaintiff claiming an asbestos injury has filed a claim against a solvent defendant, courts may extend or reopen discovery when it is discovered that the plaintiff failed to disclose a trust claims. for example, in the 2008 case of edwards v. john crane - houdaille, inc production of claim forms was delayed until two weeks before trial. in the 2004 case of stoeckler v. american oil co. the defendants discovered that the plaintiff did not disclose trust claims only three days after the start of the trial, resulting in the re - opening of discovery. to help avoid this type of issue, judges will often adopt mandatory disclosure obligations for bankruptcy trust claims. = = regulation = = according to a september 2004 of the american journal of respiratory and critical care medicine, asbestos is still a hazard for 1. 3 million us workers in the construction industry and for workers involved in the maintenance of buildings and equipment. asbestos is not part of an astm ( american society for testing and materials ) e 1527 - 05 phase i environmental site assessment ( esa ). a building survey for asbestos is considered an out - of - scope consideration under the industry standard astm 1527 - 05 phase i esa ( see astm e 1527 - 05 ). astm standard e 2356 - 04 should be consulted by the owner or owner
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 β 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 β 48, 162 β 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
, and sherman potter all possess a caring and humorous bedside manner meant to help patients cope with traumatic injuries. charles winchester initially possesses no real bedside manner, acting with detached professionalism, until the rigors of his job help him develop a sense of compassion for his patients. frank burns has a poor bedside manner, constantly minimizing the seriousness of his patients'injuries, accusing them of cowardice and goading them to return to the front lines. = = see also = = = = references = = = = further information = = alexander gc, casalino lp, meltzer do ( august 2003 ). " patient - physician communication about out - of - pocket costs ". jama. 290 ( 7 ) : 953 β 8. doi : 10. 1001 / jama. 290. 7. 953. pmid 12928475. alexander gc, casalino lp, tseng cw, mcfadden d, meltzer do ( august 2004 ). " barriers to patient - physician communication about out - of - pocket costs ". j gen intern med. 19 ( 8 ) : 856 β 60. doi : 10. 1111 / j. 1525 - 1497. 2004. 30249. x. pmc 1492500. pmid 15242471. alexander gc, casalino lp, meltzer do ( march 2005 ). " physician strategies to reduce patients'out - of - pocket prescription costs ". arch. intern. med. 165 ( 6 ) : 633 β 6. doi : 10. 1001 / archinte. 165. 6. 633. pmid 15795338. alexander gc, lantos jd ( 2006 ). " the doctor - patient relationship in the post - managed care era ". am j bioeth. 6 ( 1 ) : 29 β 32. doi : 10. 1080 / 15265160500394556. pmid 16423784. s2cid 8019757. pham hh, alexander gc, o'malley as ( april 2007 ). " physician consideration of patients'out - of - pocket costs in making common clinical decisions ". arch. intern. med. 167 ( 7 ) : 663 β 8. doi : 10. 1001 / archinte. 167. 7. 663. pmid 17420424. = = external links = = report of a large summit of patients and physicians, where the ideal patient - physician relationship in the 21st century was discussed
disputed. technology ( such as algorithmic controls ) which connects sharers also allows for the development of policies and standards of service. companies can act as'guardians'of their customer base by monitoring their employee's behavior. for example, uber and lyft can monitor their employees'driving behavior, location, and provide emergency assistance. several studies have shown that in the united states, the sharing economy restructures how legal disputes are resolved and who is considered the victims of potential crime. in the united states's civil law, the dispute is between two individuals, determining which individual ( if any ) is the victim of the other party. u. s. criminal law considers the actions of a criminal who " victimizes " the state or federal law ( s ) by breaking said law ( s ). in criminal law cases, a government court punishes the offender to make the legal victim ( the government ) whole, but any civilian victim does not necessarily receive restitution from the state. in civil law cases, it is the direct victim party, not the state, who receives the compensatory restitution, fees, or fines. while it is possible for both kinds of law to apply to a case, the additional contracts created in sharing economy agreements creates the opportunity for more cases to be classified as civil law disputes. when the sharing economy is directly involved, the victim is the individual rather than the state. this means the civilian victim of a crime is more likely to receive compensation under a civil law case in the sharing economy than in the criminal law precedent. the introduction of civil law cases has the potential to increase victims'ability to be made whole, since the legal change shifts incentives of consumers towards action. = = benefits = = suggested benefits of the sharing economy include : = = = additional flexible job opportunities as gig workers = = = freelance work entails better opportunities for employment, as well as more flexibility for workers, since people have the ability to pick and choose the time and place of their work. as freelance workers, people can plan around their existing schedules and maintain multiple jobs if needed. evidence of the appeal to this type of work can be seen from a 2015 survey conducted by the freelancers union, which showed that around 34 % of the u. s. population was involved in freelance work. freelance work can also be beneficial for small businesses. during their early developmental stages, many small companies can't afford or aren't in need of full - time departments, but rather require specialized work for a certain
Answer:
|
Doctor has not materially changed his position in reliance upon First's employment contract
| null |
Victim, injured by Driver in an auto accident, employed attorney First to represent him in the matter. Victim was chronically insolvent and expressed doubt whether he could promptly get necessary medical treatment. Accordingly, First wrote into their contract his promise to Victim "to pay from any settlement with Driver compensation to any physician who provides professional services for Victim's injuries." The contract also provided that First's duties were "nonassignable." First immediately filed suit against Driver. Victim then sought and received medical treatment, reasonably valued at $1,000, from Doctor, After receiving a bill from Doctor for $1,000, Victim immediately wrote Doctor explaining that he was unable to pay and enclosing a copy of his contract with First. Victim then asked First about payment of this bill, but First requested a release from their employment contract, stating that he would like to refer Victim's claim to attorney Second and that Second was willing to represent Victim in the pending lawsuit. Victim wrote a letter to First releasing him from their contract and agreeing to Second's representation. A copy of this letter was sent to Doctor. Second subsequently promised First to represent Victim and soon negotiated a settlement of Victim's claim against Driver which netted $1,000, all of which was paid by Victim to creditors other than Doctor. Victim remains insolvent but failed to inform Doctor of First's promise. ". In an action by Doctor against First upon First's employment contract with Victim, First is likely to argue in defense that
0. the anti-assignment clause in First's contract with Victim is void as against public policy.
1. First has relied to his detriment on Victim's letter of release.
2. third parties cannot acquire valid claims under an attorney-client contract.
3. Doctor has not materially changed his position in reliance upon First's employment contract
= = = in february 2024, a multidistrict litigation ( mdl ) was established in the northern district of california against uber technologies, inc., consolidating numerous claims from among the more than 3, 000 sexual assault lawsuits filed against the company in state and federal courts. these lawsuits allege uber prioritized growth over safety by using inadequate background checks, skipping in - person driver vetting, and failing to invest in preventive measures such as cameras or monitoring systems. it also claims uber knowingly put vulnerable passengers, such as intoxicated women, at risk through its marketing and business practices. the litigation seeks injunctive relief, damages and changes to uber's safety policies. some survivors have chosen to pursue justice in state courts outside of the mdl, seeking faster resolutions and a more individualized approach. = = = wage theft claims = = = in 2020, 5, 000 drivers filed wage and hour claims with the california labour commission office against uber and lyft, alleging they were misclassified as independent contractors. rideshare drivers united in california claim that at least 250, 000 individual rideshare drivers in california who drove for the apps between 2016 and 2020 are estimated to be eligible for the settlement for wage theft claims of tens of billions of dollars. = = corporate affairs = = = = = leadership = = = uber's key management as of may 2025 consists of : dara khosrowshahi, chief executive officer prashanth mahendra - rajah, chief financial officer tony west, chief legal officer nikki krishnamurthy, chief people officer andrew macdonald, senior vice president, mobility & business operations gus fuldner, senior vice president, safety & core services pierre - dimitri gore - coty, senior vice president, delivery albert greenberg, vice president, platform engineering sachin kansal, chief product officer praveen neppalli naga, chief technology officer for mobility & delivery jill hazelbaker, senior vice president, marketing and public affairs = = = finances = = = uber has posted hundreds of millions or billions of dollars in losses each year from 2014 until 2022 except for 2018, when it exited from the markets in russia, china, and southeast asia in exchange for stakes in rival businesses. by the end of 2022, uber had us $ 32. 11 billion in assets and $ 24. 03 billion in liabilities. uber posted annual operating profits in 2023, totaling $ 1. 88 billion, after accumulating $ 31. 5
from potential recoveries in the tort system. = = = = medicaid and medicare reimbursement = = = = the federal medicare secondary payer law imposes penalties for paying settlements directly to claimants without repaying the government for medical costs covered under the same programs under the legal doctrine of subrogation. in late 2016, attorneys general from 13 states sent demand letters to bankruptcy trusts for armstrong world industries, babcock & wilcox, dii, and owens corning. the purpose of the demand letters was to determine if the funds are reimbursing states for medical treatment received under medicaid and medicare. = = = = bankruptcy trusts and litigated claims = = = = the pursuit of compensation for asbestos injuries often involves both litigation against solvent defendants and filing claims against asbestos bankruptcy trusts. the amount of compensation recovered by an injured plaintiff may depend on whether evidence of exposure to products from bankrupt firms is introduced at trial. if no evidence of exposure from bankrupt firms is presented then increased financial responsibility is likely to be assigned to solvent defendants. researchers from rand corporation found that if a company filed for bankruptcy plaintiffs claimed exposure to their products in interrogatories and depositions at significantly reduced rates. when a plaintiff claiming an asbestos injury has filed a claim against a solvent defendant, courts may extend or reopen discovery when it is discovered that the plaintiff failed to disclose a trust claims. for example, in the 2008 case of edwards v. john crane - houdaille, inc production of claim forms was delayed until two weeks before trial. in the 2004 case of stoeckler v. american oil co. the defendants discovered that the plaintiff did not disclose trust claims only three days after the start of the trial, resulting in the re - opening of discovery. to help avoid this type of issue, judges will often adopt mandatory disclosure obligations for bankruptcy trust claims. = = regulation = = according to a september 2004 of the american journal of respiratory and critical care medicine, asbestos is still a hazard for 1. 3 million us workers in the construction industry and for workers involved in the maintenance of buildings and equipment. asbestos is not part of an astm ( american society for testing and materials ) e 1527 - 05 phase i environmental site assessment ( esa ). a building survey for asbestos is considered an out - of - scope consideration under the industry standard astm 1527 - 05 phase i esa ( see astm e 1527 - 05 ). astm standard e 2356 - 04 should be consulted by the owner or owner
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 β 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 β 48, 162 β 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
, and sherman potter all possess a caring and humorous bedside manner meant to help patients cope with traumatic injuries. charles winchester initially possesses no real bedside manner, acting with detached professionalism, until the rigors of his job help him develop a sense of compassion for his patients. frank burns has a poor bedside manner, constantly minimizing the seriousness of his patients'injuries, accusing them of cowardice and goading them to return to the front lines. = = see also = = = = references = = = = further information = = alexander gc, casalino lp, meltzer do ( august 2003 ). " patient - physician communication about out - of - pocket costs ". jama. 290 ( 7 ) : 953 β 8. doi : 10. 1001 / jama. 290. 7. 953. pmid 12928475. alexander gc, casalino lp, tseng cw, mcfadden d, meltzer do ( august 2004 ). " barriers to patient - physician communication about out - of - pocket costs ". j gen intern med. 19 ( 8 ) : 856 β 60. doi : 10. 1111 / j. 1525 - 1497. 2004. 30249. x. pmc 1492500. pmid 15242471. alexander gc, casalino lp, meltzer do ( march 2005 ). " physician strategies to reduce patients'out - of - pocket prescription costs ". arch. intern. med. 165 ( 6 ) : 633 β 6. doi : 10. 1001 / archinte. 165. 6. 633. pmid 15795338. alexander gc, lantos jd ( 2006 ). " the doctor - patient relationship in the post - managed care era ". am j bioeth. 6 ( 1 ) : 29 β 32. doi : 10. 1080 / 15265160500394556. pmid 16423784. s2cid 8019757. pham hh, alexander gc, o'malley as ( april 2007 ). " physician consideration of patients'out - of - pocket costs in making common clinical decisions ". arch. intern. med. 167 ( 7 ) : 663 β 8. doi : 10. 1001 / archinte. 167. 7. 663. pmid 17420424. = = external links = = report of a large summit of patients and physicians, where the ideal patient - physician relationship in the 21st century was discussed
disputed. technology ( such as algorithmic controls ) which connects sharers also allows for the development of policies and standards of service. companies can act as'guardians'of their customer base by monitoring their employee's behavior. for example, uber and lyft can monitor their employees'driving behavior, location, and provide emergency assistance. several studies have shown that in the united states, the sharing economy restructures how legal disputes are resolved and who is considered the victims of potential crime. in the united states's civil law, the dispute is between two individuals, determining which individual ( if any ) is the victim of the other party. u. s. criminal law considers the actions of a criminal who " victimizes " the state or federal law ( s ) by breaking said law ( s ). in criminal law cases, a government court punishes the offender to make the legal victim ( the government ) whole, but any civilian victim does not necessarily receive restitution from the state. in civil law cases, it is the direct victim party, not the state, who receives the compensatory restitution, fees, or fines. while it is possible for both kinds of law to apply to a case, the additional contracts created in sharing economy agreements creates the opportunity for more cases to be classified as civil law disputes. when the sharing economy is directly involved, the victim is the individual rather than the state. this means the civilian victim of a crime is more likely to receive compensation under a civil law case in the sharing economy than in the criminal law precedent. the introduction of civil law cases has the potential to increase victims'ability to be made whole, since the legal change shifts incentives of consumers towards action. = = benefits = = suggested benefits of the sharing economy include : = = = additional flexible job opportunities as gig workers = = = freelance work entails better opportunities for employment, as well as more flexibility for workers, since people have the ability to pick and choose the time and place of their work. as freelance workers, people can plan around their existing schedules and maintain multiple jobs if needed. evidence of the appeal to this type of work can be seen from a 2015 survey conducted by the freelancers union, which showed that around 34 % of the u. s. population was involved in freelance work. freelance work can also be beneficial for small businesses. during their early developmental stages, many small companies can't afford or aren't in need of full - time departments, but rather require specialized work for a certain
Answer:
|
First has relied to his detriment on Victim's letter of release.
| 0.3 |
Victim, injured by Driver in an auto accident, employed attorney First to represent him in the matter. Victim was chronically insolvent and expressed doubt whether he could promptly get necessary medical treatment. Accordingly, First wrote into their contract his promise to Victim "to pay from any settlement with Driver compensation to any physician who provides professional services for Victim's injuries." The contract also provided that First's duties were "nonassignable." First immediately filed suit against Driver. Victim then sought and received medical treatment, reasonably valued at $1,000, from Doctor, After receiving a bill from Doctor for $1,000, Victim immediately wrote Doctor explaining that he was unable to pay and enclosing a copy of his contract with First. Victim then asked First about payment of this bill, but First requested a release from their employment contract, stating that he would like to refer Victim's claim to attorney Second and that Second was willing to represent Victim in the pending lawsuit. Victim wrote a letter to First releasing him from their contract and agreeing to Second's representation. A copy of this letter was sent to Doctor. Second subsequently promised First to represent Victim and soon negotiated a settlement of Victim's claim against Driver which netted $1,000, all of which was paid by Victim to creditors other than Doctor. Victim remains insolvent but failed to inform Doctor of First's promise. ""In an action by Doctor against First upon First's employment contract with Victim, if First attempts to use Victim's release as a defense, Doctor is likely to argue that
0. the release was ineffective, because Doctor had impliedly assented to the Victim-First contract.
1. the release was ineffective, because Victim would thereby be unjustly enriched. 56
2. there was no consideration for Victim's release of First.
3. First's contract duties were too personal to be effectively delegated to Second
= = = in february 2024, a multidistrict litigation ( mdl ) was established in the northern district of california against uber technologies, inc., consolidating numerous claims from among the more than 3, 000 sexual assault lawsuits filed against the company in state and federal courts. these lawsuits allege uber prioritized growth over safety by using inadequate background checks, skipping in - person driver vetting, and failing to invest in preventive measures such as cameras or monitoring systems. it also claims uber knowingly put vulnerable passengers, such as intoxicated women, at risk through its marketing and business practices. the litigation seeks injunctive relief, damages and changes to uber's safety policies. some survivors have chosen to pursue justice in state courts outside of the mdl, seeking faster resolutions and a more individualized approach. = = = wage theft claims = = = in 2020, 5, 000 drivers filed wage and hour claims with the california labour commission office against uber and lyft, alleging they were misclassified as independent contractors. rideshare drivers united in california claim that at least 250, 000 individual rideshare drivers in california who drove for the apps between 2016 and 2020 are estimated to be eligible for the settlement for wage theft claims of tens of billions of dollars. = = corporate affairs = = = = = leadership = = = uber's key management as of may 2025 consists of : dara khosrowshahi, chief executive officer prashanth mahendra - rajah, chief financial officer tony west, chief legal officer nikki krishnamurthy, chief people officer andrew macdonald, senior vice president, mobility & business operations gus fuldner, senior vice president, safety & core services pierre - dimitri gore - coty, senior vice president, delivery albert greenberg, vice president, platform engineering sachin kansal, chief product officer praveen neppalli naga, chief technology officer for mobility & delivery jill hazelbaker, senior vice president, marketing and public affairs = = = finances = = = uber has posted hundreds of millions or billions of dollars in losses each year from 2014 until 2022 except for 2018, when it exited from the markets in russia, china, and southeast asia in exchange for stakes in rival businesses. by the end of 2022, uber had us $ 32. 11 billion in assets and $ 24. 03 billion in liabilities. uber posted annual operating profits in 2023, totaling $ 1. 88 billion, after accumulating $ 31. 5
from potential recoveries in the tort system. = = = = medicaid and medicare reimbursement = = = = the federal medicare secondary payer law imposes penalties for paying settlements directly to claimants without repaying the government for medical costs covered under the same programs under the legal doctrine of subrogation. in late 2016, attorneys general from 13 states sent demand letters to bankruptcy trusts for armstrong world industries, babcock & wilcox, dii, and owens corning. the purpose of the demand letters was to determine if the funds are reimbursing states for medical treatment received under medicaid and medicare. = = = = bankruptcy trusts and litigated claims = = = = the pursuit of compensation for asbestos injuries often involves both litigation against solvent defendants and filing claims against asbestos bankruptcy trusts. the amount of compensation recovered by an injured plaintiff may depend on whether evidence of exposure to products from bankrupt firms is introduced at trial. if no evidence of exposure from bankrupt firms is presented then increased financial responsibility is likely to be assigned to solvent defendants. researchers from rand corporation found that if a company filed for bankruptcy plaintiffs claimed exposure to their products in interrogatories and depositions at significantly reduced rates. when a plaintiff claiming an asbestos injury has filed a claim against a solvent defendant, courts may extend or reopen discovery when it is discovered that the plaintiff failed to disclose a trust claims. for example, in the 2008 case of edwards v. john crane - houdaille, inc production of claim forms was delayed until two weeks before trial. in the 2004 case of stoeckler v. american oil co. the defendants discovered that the plaintiff did not disclose trust claims only three days after the start of the trial, resulting in the re - opening of discovery. to help avoid this type of issue, judges will often adopt mandatory disclosure obligations for bankruptcy trust claims. = = regulation = = according to a september 2004 of the american journal of respiratory and critical care medicine, asbestos is still a hazard for 1. 3 million us workers in the construction industry and for workers involved in the maintenance of buildings and equipment. asbestos is not part of an astm ( american society for testing and materials ) e 1527 - 05 phase i environmental site assessment ( esa ). a building survey for asbestos is considered an out - of - scope consideration under the industry standard astm 1527 - 05 phase i esa ( see astm e 1527 - 05 ). astm standard e 2356 - 04 should be consulted by the owner or owner
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 β 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 β 48, 162 β 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
, and sherman potter all possess a caring and humorous bedside manner meant to help patients cope with traumatic injuries. charles winchester initially possesses no real bedside manner, acting with detached professionalism, until the rigors of his job help him develop a sense of compassion for his patients. frank burns has a poor bedside manner, constantly minimizing the seriousness of his patients'injuries, accusing them of cowardice and goading them to return to the front lines. = = see also = = = = references = = = = further information = = alexander gc, casalino lp, meltzer do ( august 2003 ). " patient - physician communication about out - of - pocket costs ". jama. 290 ( 7 ) : 953 β 8. doi : 10. 1001 / jama. 290. 7. 953. pmid 12928475. alexander gc, casalino lp, tseng cw, mcfadden d, meltzer do ( august 2004 ). " barriers to patient - physician communication about out - of - pocket costs ". j gen intern med. 19 ( 8 ) : 856 β 60. doi : 10. 1111 / j. 1525 - 1497. 2004. 30249. x. pmc 1492500. pmid 15242471. alexander gc, casalino lp, meltzer do ( march 2005 ). " physician strategies to reduce patients'out - of - pocket prescription costs ". arch. intern. med. 165 ( 6 ) : 633 β 6. doi : 10. 1001 / archinte. 165. 6. 633. pmid 15795338. alexander gc, lantos jd ( 2006 ). " the doctor - patient relationship in the post - managed care era ". am j bioeth. 6 ( 1 ) : 29 β 32. doi : 10. 1080 / 15265160500394556. pmid 16423784. s2cid 8019757. pham hh, alexander gc, o'malley as ( april 2007 ). " physician consideration of patients'out - of - pocket costs in making common clinical decisions ". arch. intern. med. 167 ( 7 ) : 663 β 8. doi : 10. 1001 / archinte. 167. 7. 663. pmid 17420424. = = external links = = report of a large summit of patients and physicians, where the ideal patient - physician relationship in the 21st century was discussed
disputed. technology ( such as algorithmic controls ) which connects sharers also allows for the development of policies and standards of service. companies can act as'guardians'of their customer base by monitoring their employee's behavior. for example, uber and lyft can monitor their employees'driving behavior, location, and provide emergency assistance. several studies have shown that in the united states, the sharing economy restructures how legal disputes are resolved and who is considered the victims of potential crime. in the united states's civil law, the dispute is between two individuals, determining which individual ( if any ) is the victim of the other party. u. s. criminal law considers the actions of a criminal who " victimizes " the state or federal law ( s ) by breaking said law ( s ). in criminal law cases, a government court punishes the offender to make the legal victim ( the government ) whole, but any civilian victim does not necessarily receive restitution from the state. in civil law cases, it is the direct victim party, not the state, who receives the compensatory restitution, fees, or fines. while it is possible for both kinds of law to apply to a case, the additional contracts created in sharing economy agreements creates the opportunity for more cases to be classified as civil law disputes. when the sharing economy is directly involved, the victim is the individual rather than the state. this means the civilian victim of a crime is more likely to receive compensation under a civil law case in the sharing economy than in the criminal law precedent. the introduction of civil law cases has the potential to increase victims'ability to be made whole, since the legal change shifts incentives of consumers towards action. = = benefits = = suggested benefits of the sharing economy include : = = = additional flexible job opportunities as gig workers = = = freelance work entails better opportunities for employment, as well as more flexibility for workers, since people have the ability to pick and choose the time and place of their work. as freelance workers, people can plan around their existing schedules and maintain multiple jobs if needed. evidence of the appeal to this type of work can be seen from a 2015 survey conducted by the freelancers union, which showed that around 34 % of the u. s. population was involved in freelance work. freelance work can also be beneficial for small businesses. during their early developmental stages, many small companies can't afford or aren't in need of full - time departments, but rather require specialized work for a certain
Answer:
|
the release was ineffective, because Doctor had impliedly assented to the Victim-First contract.
| null |
Victim, injured by Driver in an auto accident, employed attorney First to represent him in the matter. Victim was chronically insolvent and expressed doubt whether he could promptly get necessary medical treatment. Accordingly, First wrote into their contract his promise to Victim "to pay from any settlement with Driver compensation to any physician who provides professional services for Victim's injuries." The contract also provided that First's duties were "nonassignable." First immediately filed suit against Driver. Victim then sought and received medical treatment, reasonably valued at $1,000, from Doctor, After receiving a bill from Doctor for $1,000, Victim immediately wrote Doctor explaining that he was unable to pay and enclosing a copy of his contract with First. Victim then asked First about payment of this bill, but First requested a release from their employment contract, stating that he would like to refer Victim's claim to attorney Second and that Second was willing to represent Victim in the pending lawsuit. Victim wrote a letter to First releasing him from their contract and agreeing to Second's representation. A copy of this letter was sent to Doctor. Second subsequently promised First to represent Victim and soon negotiated a settlement of Victim's claim against Driver which netted $1,000, all of which was paid by Victim to creditors other than Doctor. Victim remains insolvent but failed to inform Doctor of First's promise. ""In an action by Doctor against First upon First's employment contract with Victim, if First attempts to use Victim's release as a defense, Doctor is likely to argue that
0. the release was ineffective, because Doctor had impliedly assented to the Victim-First contract.
1. the release was ineffective, because Victim would thereby be unjustly enriched. 56
2. there was no consideration for Victim's release of First.
3. First's contract duties were too personal to be effectively delegated to Second
= = = in february 2024, a multidistrict litigation ( mdl ) was established in the northern district of california against uber technologies, inc., consolidating numerous claims from among the more than 3, 000 sexual assault lawsuits filed against the company in state and federal courts. these lawsuits allege uber prioritized growth over safety by using inadequate background checks, skipping in - person driver vetting, and failing to invest in preventive measures such as cameras or monitoring systems. it also claims uber knowingly put vulnerable passengers, such as intoxicated women, at risk through its marketing and business practices. the litigation seeks injunctive relief, damages and changes to uber's safety policies. some survivors have chosen to pursue justice in state courts outside of the mdl, seeking faster resolutions and a more individualized approach. = = = wage theft claims = = = in 2020, 5, 000 drivers filed wage and hour claims with the california labour commission office against uber and lyft, alleging they were misclassified as independent contractors. rideshare drivers united in california claim that at least 250, 000 individual rideshare drivers in california who drove for the apps between 2016 and 2020 are estimated to be eligible for the settlement for wage theft claims of tens of billions of dollars. = = corporate affairs = = = = = leadership = = = uber's key management as of may 2025 consists of : dara khosrowshahi, chief executive officer prashanth mahendra - rajah, chief financial officer tony west, chief legal officer nikki krishnamurthy, chief people officer andrew macdonald, senior vice president, mobility & business operations gus fuldner, senior vice president, safety & core services pierre - dimitri gore - coty, senior vice president, delivery albert greenberg, vice president, platform engineering sachin kansal, chief product officer praveen neppalli naga, chief technology officer for mobility & delivery jill hazelbaker, senior vice president, marketing and public affairs = = = finances = = = uber has posted hundreds of millions or billions of dollars in losses each year from 2014 until 2022 except for 2018, when it exited from the markets in russia, china, and southeast asia in exchange for stakes in rival businesses. by the end of 2022, uber had us $ 32. 11 billion in assets and $ 24. 03 billion in liabilities. uber posted annual operating profits in 2023, totaling $ 1. 88 billion, after accumulating $ 31. 5
from potential recoveries in the tort system. = = = = medicaid and medicare reimbursement = = = = the federal medicare secondary payer law imposes penalties for paying settlements directly to claimants without repaying the government for medical costs covered under the same programs under the legal doctrine of subrogation. in late 2016, attorneys general from 13 states sent demand letters to bankruptcy trusts for armstrong world industries, babcock & wilcox, dii, and owens corning. the purpose of the demand letters was to determine if the funds are reimbursing states for medical treatment received under medicaid and medicare. = = = = bankruptcy trusts and litigated claims = = = = the pursuit of compensation for asbestos injuries often involves both litigation against solvent defendants and filing claims against asbestos bankruptcy trusts. the amount of compensation recovered by an injured plaintiff may depend on whether evidence of exposure to products from bankrupt firms is introduced at trial. if no evidence of exposure from bankrupt firms is presented then increased financial responsibility is likely to be assigned to solvent defendants. researchers from rand corporation found that if a company filed for bankruptcy plaintiffs claimed exposure to their products in interrogatories and depositions at significantly reduced rates. when a plaintiff claiming an asbestos injury has filed a claim against a solvent defendant, courts may extend or reopen discovery when it is discovered that the plaintiff failed to disclose a trust claims. for example, in the 2008 case of edwards v. john crane - houdaille, inc production of claim forms was delayed until two weeks before trial. in the 2004 case of stoeckler v. american oil co. the defendants discovered that the plaintiff did not disclose trust claims only three days after the start of the trial, resulting in the re - opening of discovery. to help avoid this type of issue, judges will often adopt mandatory disclosure obligations for bankruptcy trust claims. = = regulation = = according to a september 2004 of the american journal of respiratory and critical care medicine, asbestos is still a hazard for 1. 3 million us workers in the construction industry and for workers involved in the maintenance of buildings and equipment. asbestos is not part of an astm ( american society for testing and materials ) e 1527 - 05 phase i environmental site assessment ( esa ). a building survey for asbestos is considered an out - of - scope consideration under the industry standard astm 1527 - 05 phase i esa ( see astm e 1527 - 05 ). astm standard e 2356 - 04 should be consulted by the owner or owner
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 β 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 β 48, 162 β 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
, and sherman potter all possess a caring and humorous bedside manner meant to help patients cope with traumatic injuries. charles winchester initially possesses no real bedside manner, acting with detached professionalism, until the rigors of his job help him develop a sense of compassion for his patients. frank burns has a poor bedside manner, constantly minimizing the seriousness of his patients'injuries, accusing them of cowardice and goading them to return to the front lines. = = see also = = = = references = = = = further information = = alexander gc, casalino lp, meltzer do ( august 2003 ). " patient - physician communication about out - of - pocket costs ". jama. 290 ( 7 ) : 953 β 8. doi : 10. 1001 / jama. 290. 7. 953. pmid 12928475. alexander gc, casalino lp, tseng cw, mcfadden d, meltzer do ( august 2004 ). " barriers to patient - physician communication about out - of - pocket costs ". j gen intern med. 19 ( 8 ) : 856 β 60. doi : 10. 1111 / j. 1525 - 1497. 2004. 30249. x. pmc 1492500. pmid 15242471. alexander gc, casalino lp, meltzer do ( march 2005 ). " physician strategies to reduce patients'out - of - pocket prescription costs ". arch. intern. med. 165 ( 6 ) : 633 β 6. doi : 10. 1001 / archinte. 165. 6. 633. pmid 15795338. alexander gc, lantos jd ( 2006 ). " the doctor - patient relationship in the post - managed care era ". am j bioeth. 6 ( 1 ) : 29 β 32. doi : 10. 1080 / 15265160500394556. pmid 16423784. s2cid 8019757. pham hh, alexander gc, o'malley as ( april 2007 ). " physician consideration of patients'out - of - pocket costs in making common clinical decisions ". arch. intern. med. 167 ( 7 ) : 663 β 8. doi : 10. 1001 / archinte. 167. 7. 663. pmid 17420424. = = external links = = report of a large summit of patients and physicians, where the ideal patient - physician relationship in the 21st century was discussed
disputed. technology ( such as algorithmic controls ) which connects sharers also allows for the development of policies and standards of service. companies can act as'guardians'of their customer base by monitoring their employee's behavior. for example, uber and lyft can monitor their employees'driving behavior, location, and provide emergency assistance. several studies have shown that in the united states, the sharing economy restructures how legal disputes are resolved and who is considered the victims of potential crime. in the united states's civil law, the dispute is between two individuals, determining which individual ( if any ) is the victim of the other party. u. s. criminal law considers the actions of a criminal who " victimizes " the state or federal law ( s ) by breaking said law ( s ). in criminal law cases, a government court punishes the offender to make the legal victim ( the government ) whole, but any civilian victim does not necessarily receive restitution from the state. in civil law cases, it is the direct victim party, not the state, who receives the compensatory restitution, fees, or fines. while it is possible for both kinds of law to apply to a case, the additional contracts created in sharing economy agreements creates the opportunity for more cases to be classified as civil law disputes. when the sharing economy is directly involved, the victim is the individual rather than the state. this means the civilian victim of a crime is more likely to receive compensation under a civil law case in the sharing economy than in the criminal law precedent. the introduction of civil law cases has the potential to increase victims'ability to be made whole, since the legal change shifts incentives of consumers towards action. = = benefits = = suggested benefits of the sharing economy include : = = = additional flexible job opportunities as gig workers = = = freelance work entails better opportunities for employment, as well as more flexibility for workers, since people have the ability to pick and choose the time and place of their work. as freelance workers, people can plan around their existing schedules and maintain multiple jobs if needed. evidence of the appeal to this type of work can be seen from a 2015 survey conducted by the freelancers union, which showed that around 34 % of the u. s. population was involved in freelance work. freelance work can also be beneficial for small businesses. during their early developmental stages, many small companies can't afford or aren't in need of full - time departments, but rather require specialized work for a certain
Answer:
|
First's contract duties were too personal to be effectively delegated to Second
| 0.3 |
Victim, injured by Driver in an auto accident, employed attorney First to represent him in the matter. Victim was chronically insolvent and expressed doubt whether he could promptly get necessary medical treatment. Accordingly, First wrote into their contract his promise to Victim "to pay from any settlement with Driver compensation to any physician who provides professional services for Victim's injuries." The contract also provided that First's duties were "nonassignable." First immediately filed suit against Driver. Victim then sought and received medical treatment, reasonably valued at $1,000, from Doctor, After receiving a bill from Doctor for $1,000, Victim immediately wrote Doctor explaining that he was unable to pay and enclosing a copy of his contract with First. Victim then asked First about payment of this bill, but First requested a release from their employment contract, stating that he would like to refer Victim's claim to attorney Second and that Second was willing to represent Victim in the pending lawsuit. Victim wrote a letter to First releasing him from their contract and agreeing to Second's representation. A copy of this letter was sent to Doctor. Second subsequently promised First to represent Victim and soon negotiated a settlement of Victim's claim against Driver which netted $1,000, all of which was paid by Victim to creditors other than Doctor. Victim remains insolvent but failed to inform Doctor of First's promise. "In an action by Doctor against Second, Second is most likely to argue on these facts that
0. Second made only a gratuitous promise to First.
1. at the time Second promised to represent Victim, Doctor was only a member of an unidentified class of beneficiaries.
2. there is insufficient evidence to support a finding that Doctor was either a creditor or donee beneficiary of Second's promise to First.
3. there is insufficient evidence to support a finding that Doctor substantially changed his position in reliance on Second's promise
= = = in february 2024, a multidistrict litigation ( mdl ) was established in the northern district of california against uber technologies, inc., consolidating numerous claims from among the more than 3, 000 sexual assault lawsuits filed against the company in state and federal courts. these lawsuits allege uber prioritized growth over safety by using inadequate background checks, skipping in - person driver vetting, and failing to invest in preventive measures such as cameras or monitoring systems. it also claims uber knowingly put vulnerable passengers, such as intoxicated women, at risk through its marketing and business practices. the litigation seeks injunctive relief, damages and changes to uber's safety policies. some survivors have chosen to pursue justice in state courts outside of the mdl, seeking faster resolutions and a more individualized approach. = = = wage theft claims = = = in 2020, 5, 000 drivers filed wage and hour claims with the california labour commission office against uber and lyft, alleging they were misclassified as independent contractors. rideshare drivers united in california claim that at least 250, 000 individual rideshare drivers in california who drove for the apps between 2016 and 2020 are estimated to be eligible for the settlement for wage theft claims of tens of billions of dollars. = = corporate affairs = = = = = leadership = = = uber's key management as of may 2025 consists of : dara khosrowshahi, chief executive officer prashanth mahendra - rajah, chief financial officer tony west, chief legal officer nikki krishnamurthy, chief people officer andrew macdonald, senior vice president, mobility & business operations gus fuldner, senior vice president, safety & core services pierre - dimitri gore - coty, senior vice president, delivery albert greenberg, vice president, platform engineering sachin kansal, chief product officer praveen neppalli naga, chief technology officer for mobility & delivery jill hazelbaker, senior vice president, marketing and public affairs = = = finances = = = uber has posted hundreds of millions or billions of dollars in losses each year from 2014 until 2022 except for 2018, when it exited from the markets in russia, china, and southeast asia in exchange for stakes in rival businesses. by the end of 2022, uber had us $ 32. 11 billion in assets and $ 24. 03 billion in liabilities. uber posted annual operating profits in 2023, totaling $ 1. 88 billion, after accumulating $ 31. 5
from potential recoveries in the tort system. = = = = medicaid and medicare reimbursement = = = = the federal medicare secondary payer law imposes penalties for paying settlements directly to claimants without repaying the government for medical costs covered under the same programs under the legal doctrine of subrogation. in late 2016, attorneys general from 13 states sent demand letters to bankruptcy trusts for armstrong world industries, babcock & wilcox, dii, and owens corning. the purpose of the demand letters was to determine if the funds are reimbursing states for medical treatment received under medicaid and medicare. = = = = bankruptcy trusts and litigated claims = = = = the pursuit of compensation for asbestos injuries often involves both litigation against solvent defendants and filing claims against asbestos bankruptcy trusts. the amount of compensation recovered by an injured plaintiff may depend on whether evidence of exposure to products from bankrupt firms is introduced at trial. if no evidence of exposure from bankrupt firms is presented then increased financial responsibility is likely to be assigned to solvent defendants. researchers from rand corporation found that if a company filed for bankruptcy plaintiffs claimed exposure to their products in interrogatories and depositions at significantly reduced rates. when a plaintiff claiming an asbestos injury has filed a claim against a solvent defendant, courts may extend or reopen discovery when it is discovered that the plaintiff failed to disclose a trust claims. for example, in the 2008 case of edwards v. john crane - houdaille, inc production of claim forms was delayed until two weeks before trial. in the 2004 case of stoeckler v. american oil co. the defendants discovered that the plaintiff did not disclose trust claims only three days after the start of the trial, resulting in the re - opening of discovery. to help avoid this type of issue, judges will often adopt mandatory disclosure obligations for bankruptcy trust claims. = = regulation = = according to a september 2004 of the american journal of respiratory and critical care medicine, asbestos is still a hazard for 1. 3 million us workers in the construction industry and for workers involved in the maintenance of buildings and equipment. asbestos is not part of an astm ( american society for testing and materials ) e 1527 - 05 phase i environmental site assessment ( esa ). a building survey for asbestos is considered an out - of - scope consideration under the industry standard astm 1527 - 05 phase i esa ( see astm e 1527 - 05 ). astm standard e 2356 - 04 should be consulted by the owner or owner
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 β 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 β 48, 162 β 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
, and sherman potter all possess a caring and humorous bedside manner meant to help patients cope with traumatic injuries. charles winchester initially possesses no real bedside manner, acting with detached professionalism, until the rigors of his job help him develop a sense of compassion for his patients. frank burns has a poor bedside manner, constantly minimizing the seriousness of his patients'injuries, accusing them of cowardice and goading them to return to the front lines. = = see also = = = = references = = = = further information = = alexander gc, casalino lp, meltzer do ( august 2003 ). " patient - physician communication about out - of - pocket costs ". jama. 290 ( 7 ) : 953 β 8. doi : 10. 1001 / jama. 290. 7. 953. pmid 12928475. alexander gc, casalino lp, tseng cw, mcfadden d, meltzer do ( august 2004 ). " barriers to patient - physician communication about out - of - pocket costs ". j gen intern med. 19 ( 8 ) : 856 β 60. doi : 10. 1111 / j. 1525 - 1497. 2004. 30249. x. pmc 1492500. pmid 15242471. alexander gc, casalino lp, meltzer do ( march 2005 ). " physician strategies to reduce patients'out - of - pocket prescription costs ". arch. intern. med. 165 ( 6 ) : 633 β 6. doi : 10. 1001 / archinte. 165. 6. 633. pmid 15795338. alexander gc, lantos jd ( 2006 ). " the doctor - patient relationship in the post - managed care era ". am j bioeth. 6 ( 1 ) : 29 β 32. doi : 10. 1080 / 15265160500394556. pmid 16423784. s2cid 8019757. pham hh, alexander gc, o'malley as ( april 2007 ). " physician consideration of patients'out - of - pocket costs in making common clinical decisions ". arch. intern. med. 167 ( 7 ) : 663 β 8. doi : 10. 1001 / archinte. 167. 7. 663. pmid 17420424. = = external links = = report of a large summit of patients and physicians, where the ideal patient - physician relationship in the 21st century was discussed
disputed. technology ( such as algorithmic controls ) which connects sharers also allows for the development of policies and standards of service. companies can act as'guardians'of their customer base by monitoring their employee's behavior. for example, uber and lyft can monitor their employees'driving behavior, location, and provide emergency assistance. several studies have shown that in the united states, the sharing economy restructures how legal disputes are resolved and who is considered the victims of potential crime. in the united states's civil law, the dispute is between two individuals, determining which individual ( if any ) is the victim of the other party. u. s. criminal law considers the actions of a criminal who " victimizes " the state or federal law ( s ) by breaking said law ( s ). in criminal law cases, a government court punishes the offender to make the legal victim ( the government ) whole, but any civilian victim does not necessarily receive restitution from the state. in civil law cases, it is the direct victim party, not the state, who receives the compensatory restitution, fees, or fines. while it is possible for both kinds of law to apply to a case, the additional contracts created in sharing economy agreements creates the opportunity for more cases to be classified as civil law disputes. when the sharing economy is directly involved, the victim is the individual rather than the state. this means the civilian victim of a crime is more likely to receive compensation under a civil law case in the sharing economy than in the criminal law precedent. the introduction of civil law cases has the potential to increase victims'ability to be made whole, since the legal change shifts incentives of consumers towards action. = = benefits = = suggested benefits of the sharing economy include : = = = additional flexible job opportunities as gig workers = = = freelance work entails better opportunities for employment, as well as more flexibility for workers, since people have the ability to pick and choose the time and place of their work. as freelance workers, people can plan around their existing schedules and maintain multiple jobs if needed. evidence of the appeal to this type of work can be seen from a 2015 survey conducted by the freelancers union, which showed that around 34 % of the u. s. population was involved in freelance work. freelance work can also be beneficial for small businesses. during their early developmental stages, many small companies can't afford or aren't in need of full - time departments, but rather require specialized work for a certain
Answer:
|
there is insufficient evidence to support a finding that Doctor was either a creditor or donee beneficiary of Second's promise to First.
| null |
Victim, injured by Driver in an auto accident, employed attorney First to represent him in the matter. Victim was chronically insolvent and expressed doubt whether he could promptly get necessary medical treatment. Accordingly, First wrote into their contract his promise to Victim "to pay from any settlement with Driver compensation to any physician who provides professional services for Victim's injuries." The contract also provided that First's duties were "nonassignable." First immediately filed suit against Driver. Victim then sought and received medical treatment, reasonably valued at $1,000, from Doctor, After receiving a bill from Doctor for $1,000, Victim immediately wrote Doctor explaining that he was unable to pay and enclosing a copy of his contract with First. Victim then asked First about payment of this bill, but First requested a release from their employment contract, stating that he would like to refer Victim's claim to attorney Second and that Second was willing to represent Victim in the pending lawsuit. Victim wrote a letter to First releasing him from their contract and agreeing to Second's representation. A copy of this letter was sent to Doctor. Second subsequently promised First to represent Victim and soon negotiated a settlement of Victim's claim against Driver which netted $1,000, all of which was paid by Victim to creditors other than Doctor. Victim remains insolvent but failed to inform Doctor of First's promise. "In an action by Doctor against Second, Second is most likely to argue on these facts that
0. Second made only a gratuitous promise to First.
1. at the time Second promised to represent Victim, Doctor was only a member of an unidentified class of beneficiaries.
2. there is insufficient evidence to support a finding that Doctor was either a creditor or donee beneficiary of Second's promise to First.
3. there is insufficient evidence to support a finding that Doctor substantially changed his position in reliance on Second's promise
= = = in february 2024, a multidistrict litigation ( mdl ) was established in the northern district of california against uber technologies, inc., consolidating numerous claims from among the more than 3, 000 sexual assault lawsuits filed against the company in state and federal courts. these lawsuits allege uber prioritized growth over safety by using inadequate background checks, skipping in - person driver vetting, and failing to invest in preventive measures such as cameras or monitoring systems. it also claims uber knowingly put vulnerable passengers, such as intoxicated women, at risk through its marketing and business practices. the litigation seeks injunctive relief, damages and changes to uber's safety policies. some survivors have chosen to pursue justice in state courts outside of the mdl, seeking faster resolutions and a more individualized approach. = = = wage theft claims = = = in 2020, 5, 000 drivers filed wage and hour claims with the california labour commission office against uber and lyft, alleging they were misclassified as independent contractors. rideshare drivers united in california claim that at least 250, 000 individual rideshare drivers in california who drove for the apps between 2016 and 2020 are estimated to be eligible for the settlement for wage theft claims of tens of billions of dollars. = = corporate affairs = = = = = leadership = = = uber's key management as of may 2025 consists of : dara khosrowshahi, chief executive officer prashanth mahendra - rajah, chief financial officer tony west, chief legal officer nikki krishnamurthy, chief people officer andrew macdonald, senior vice president, mobility & business operations gus fuldner, senior vice president, safety & core services pierre - dimitri gore - coty, senior vice president, delivery albert greenberg, vice president, platform engineering sachin kansal, chief product officer praveen neppalli naga, chief technology officer for mobility & delivery jill hazelbaker, senior vice president, marketing and public affairs = = = finances = = = uber has posted hundreds of millions or billions of dollars in losses each year from 2014 until 2022 except for 2018, when it exited from the markets in russia, china, and southeast asia in exchange for stakes in rival businesses. by the end of 2022, uber had us $ 32. 11 billion in assets and $ 24. 03 billion in liabilities. uber posted annual operating profits in 2023, totaling $ 1. 88 billion, after accumulating $ 31. 5
from potential recoveries in the tort system. = = = = medicaid and medicare reimbursement = = = = the federal medicare secondary payer law imposes penalties for paying settlements directly to claimants without repaying the government for medical costs covered under the same programs under the legal doctrine of subrogation. in late 2016, attorneys general from 13 states sent demand letters to bankruptcy trusts for armstrong world industries, babcock & wilcox, dii, and owens corning. the purpose of the demand letters was to determine if the funds are reimbursing states for medical treatment received under medicaid and medicare. = = = = bankruptcy trusts and litigated claims = = = = the pursuit of compensation for asbestos injuries often involves both litigation against solvent defendants and filing claims against asbestos bankruptcy trusts. the amount of compensation recovered by an injured plaintiff may depend on whether evidence of exposure to products from bankrupt firms is introduced at trial. if no evidence of exposure from bankrupt firms is presented then increased financial responsibility is likely to be assigned to solvent defendants. researchers from rand corporation found that if a company filed for bankruptcy plaintiffs claimed exposure to their products in interrogatories and depositions at significantly reduced rates. when a plaintiff claiming an asbestos injury has filed a claim against a solvent defendant, courts may extend or reopen discovery when it is discovered that the plaintiff failed to disclose a trust claims. for example, in the 2008 case of edwards v. john crane - houdaille, inc production of claim forms was delayed until two weeks before trial. in the 2004 case of stoeckler v. american oil co. the defendants discovered that the plaintiff did not disclose trust claims only three days after the start of the trial, resulting in the re - opening of discovery. to help avoid this type of issue, judges will often adopt mandatory disclosure obligations for bankruptcy trust claims. = = regulation = = according to a september 2004 of the american journal of respiratory and critical care medicine, asbestos is still a hazard for 1. 3 million us workers in the construction industry and for workers involved in the maintenance of buildings and equipment. asbestos is not part of an astm ( american society for testing and materials ) e 1527 - 05 phase i environmental site assessment ( esa ). a building survey for asbestos is considered an out - of - scope consideration under the industry standard astm 1527 - 05 phase i esa ( see astm e 1527 - 05 ). astm standard e 2356 - 04 should be consulted by the owner or owner
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 β 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 β 48, 162 β 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
, and sherman potter all possess a caring and humorous bedside manner meant to help patients cope with traumatic injuries. charles winchester initially possesses no real bedside manner, acting with detached professionalism, until the rigors of his job help him develop a sense of compassion for his patients. frank burns has a poor bedside manner, constantly minimizing the seriousness of his patients'injuries, accusing them of cowardice and goading them to return to the front lines. = = see also = = = = references = = = = further information = = alexander gc, casalino lp, meltzer do ( august 2003 ). " patient - physician communication about out - of - pocket costs ". jama. 290 ( 7 ) : 953 β 8. doi : 10. 1001 / jama. 290. 7. 953. pmid 12928475. alexander gc, casalino lp, tseng cw, mcfadden d, meltzer do ( august 2004 ). " barriers to patient - physician communication about out - of - pocket costs ". j gen intern med. 19 ( 8 ) : 856 β 60. doi : 10. 1111 / j. 1525 - 1497. 2004. 30249. x. pmc 1492500. pmid 15242471. alexander gc, casalino lp, meltzer do ( march 2005 ). " physician strategies to reduce patients'out - of - pocket prescription costs ". arch. intern. med. 165 ( 6 ) : 633 β 6. doi : 10. 1001 / archinte. 165. 6. 633. pmid 15795338. alexander gc, lantos jd ( 2006 ). " the doctor - patient relationship in the post - managed care era ". am j bioeth. 6 ( 1 ) : 29 β 32. doi : 10. 1080 / 15265160500394556. pmid 16423784. s2cid 8019757. pham hh, alexander gc, o'malley as ( april 2007 ). " physician consideration of patients'out - of - pocket costs in making common clinical decisions ". arch. intern. med. 167 ( 7 ) : 663 β 8. doi : 10. 1001 / archinte. 167. 7. 663. pmid 17420424. = = external links = = report of a large summit of patients and physicians, where the ideal patient - physician relationship in the 21st century was discussed
disputed. technology ( such as algorithmic controls ) which connects sharers also allows for the development of policies and standards of service. companies can act as'guardians'of their customer base by monitoring their employee's behavior. for example, uber and lyft can monitor their employees'driving behavior, location, and provide emergency assistance. several studies have shown that in the united states, the sharing economy restructures how legal disputes are resolved and who is considered the victims of potential crime. in the united states's civil law, the dispute is between two individuals, determining which individual ( if any ) is the victim of the other party. u. s. criminal law considers the actions of a criminal who " victimizes " the state or federal law ( s ) by breaking said law ( s ). in criminal law cases, a government court punishes the offender to make the legal victim ( the government ) whole, but any civilian victim does not necessarily receive restitution from the state. in civil law cases, it is the direct victim party, not the state, who receives the compensatory restitution, fees, or fines. while it is possible for both kinds of law to apply to a case, the additional contracts created in sharing economy agreements creates the opportunity for more cases to be classified as civil law disputes. when the sharing economy is directly involved, the victim is the individual rather than the state. this means the civilian victim of a crime is more likely to receive compensation under a civil law case in the sharing economy than in the criminal law precedent. the introduction of civil law cases has the potential to increase victims'ability to be made whole, since the legal change shifts incentives of consumers towards action. = = benefits = = suggested benefits of the sharing economy include : = = = additional flexible job opportunities as gig workers = = = freelance work entails better opportunities for employment, as well as more flexibility for workers, since people have the ability to pick and choose the time and place of their work. as freelance workers, people can plan around their existing schedules and maintain multiple jobs if needed. evidence of the appeal to this type of work can be seen from a 2015 survey conducted by the freelancers union, which showed that around 34 % of the u. s. population was involved in freelance work. freelance work can also be beneficial for small businesses. during their early developmental stages, many small companies can't afford or aren't in need of full - time departments, but rather require specialized work for a certain
Answer:
|
there is insufficient evidence to support a finding that Doctor substantially changed his position in reliance on Second's promise
| 0.3 |
Peters sued Davis for $100,000 for injuries received in a traffic accident. Davis charged Peters with contributory negligence and alleged that Peters failed to have his lights on at a time when it was dark enough to require them.Davis calls Bystander to testify that Passenger, who was riding in Peters's automobile and who also was injured, confided to Bystander at the scene of the accident that "we should have had our lights on." Bystander's testimony is
0. admissible as an admission of a party opponent.
1. admissible as a declaration against interest.
2. inadmissible, because it is hearsay not within any exception.
3. inadmissible, because it is opinion
red light, and the need to identify the actual violator has led to the creation of a unique investigatory tool, the fake " ticket. " groups opposing the use of red light cameras have argued that where the cameras are not set up to identify the vehicle driver, owner liability issues are raised. it is perceived by some that the owner of the vehicle is unfairly penalized by being considered liable for red - light violations although they may not have been the driver at the time of the offense. in most jurisdictions the liability for red light violations is a civil offense, rather than a criminal citation, issued upon the vehicle owner β similar to a parking ticket. the issue of owner liability has been addressed in the us courts, with a ruling in the district of columbia court of appeals in 2007, which agreed with a lower court when it found that the presumption of liability of the owners of vehicles issued citations does not violate due process rights. this ruling was supported by a 2009 7th us circuit court of appeals ruling in which it was held that issuing citations to vehicle owners ( or lessees ) is constitutional. the court stated that it also encourages drivers to be cautious in lending their vehicles to others. the argument that red light cameras violate the privacy of citizens, has also been addressed in the us courts. according to a 2009 ruling by the 7th us circuit court of appeals, " no one has a fundamental right to run a red light or avoid being seen by a camera on a public street. " in addition, cameras only take photographs or video when a vehicle has run a red light and, in most states, the camera does not photograph the driver or the occupants of the vehicle. it is also argued that such cameras violate the sixth amendment's confrontation clause and the right to be assumed innocent until proven guilty. in most areas, red light enforcement cameras are installed and maintained by private firms. lawsuits have been raised challenging private companies'rights to hand out citations, such as a december 2008 lawsuit challenging the city of dallas'red light camera program, which was dismissed in march 2009. in most cases, citations are issued by law enforcement officers using the evidence provided by the companies. there have been many instances where cities in the us have been found to have too - short yellow - light intervals at some intersections where red light cameras have been installed. in tennessee, 176 drivers were refunded for fines paid after it was discovered that the length of the yellow was too short for that location, and motorists were caught running the light in the first second of the
affected by driver's being blinded by lights other than those of a motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 760. wade r. habeeb ( c. 2009 ). " liability or recovery in automobile negligence action as affected by driver's being blinded by lights of motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 551. l. s. tellier ( 2011 ). " right and duty of motorist on through, favored, or arterial street or highway to proceed where lateral view at intersection is obstructed by physical obstacle ". american law reports - - annotated, 2nd series. vol. 59. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1202. " " assured clear distance " statute or rule as applied at hill or curve ". american law reports - - annotated. vol. 133. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 967. " application of " assured clear distance ahead " or " radius of lights " doctrine to accident involving pedestrian crossing the street or highway ". american law reports - - annotated, 2nd series. vol. 31. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1424. " driving automobile at speed which prevents stopping within range of vision as negligence ". american law reports - - annotated, 2nd series. vol. 44, 58, 87, 97. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1403 ; 1493 ; 900 ; 546. " driver's failure to maintain proper distance from motor vehicle ahead ". american law reports - - annotated, 2nd series. vol. 85. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 613. " motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 β 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 β 48, 162 β 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 β 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 β 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 β 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 β 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 β 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
##tor. in california, that need to identify the actual violator has led to the creation of a unique investigatory tool, the fake " ticket ". in arizona and virginia, tickets issued by cameras are unenforceable due to there being no penalty for ignoring them. however, acknowledging receipt of such ticket makes it valid and thus enforceable. many states have outlawed the use of traffic enforcement cameras. in april 2000, two motorists who were caught speeding in the united kingdom challenged the road traffic act 1988, which required the keeper of a car to identify the driver at a particular time as being in contradiction to the human rights act 1998 on the grounds that it amounted to a'compulsory confession ', also that since the camera partnerships included the police, local authorities, magistrates courts service ( mcs ) and crown prosecution service ( cps ) which had a financial interest in the fine revenue that they would not get a fair trial. their plea was initially granted by a judge then overturned but was then heard by the european court of human rights ( ecthr ), and the european court of justice ( ecj ). in 2007 the european court of human rights found there was no breach of article 6 in requiring the keepers of cars caught speeding on camera to provide the name of the driver. = = = accuracy = = = in december 2012, speed camera contractor xerox corporation admitted that cameras they had deployed in baltimore city were producing erroneous speed readings and that 1 out of every 20 citations issued at some locations were due to errors. the erroneous citations included at least one issued to a completely stationary car, a fact revealed by a recorded video of the alleged violation. in the city of fort dodge, iowa, speed camera contractor redspeed discovered a location where drivers of school buses, big panel trucks, and similar vehicles have been clocked speeding by the city's mobile speed camera and radar unit even though they were obeying the 25 mph speed limit. the errors were due to what was described as an " electromagnetic anomaly ". where verification photos are recorded on a time sequence, allowing the calculation of actual speed, these have been used to challenge the accuracy of speed cameras in court. motorists in prince george's county, maryland, have successfully challenged tickets from optotraffic speed cameras where they were incorrectly ticketed at over 15 mph over the limit. however, prince george county no longer allows time - distance calculations as a defense in cases where " the equipment was calibrated and validated, or is self cal
Answer:
|
inadmissible, because it is hearsay not within any exception.
| null |
Peters sued Davis for $100,000 for injuries received in a traffic accident. Davis charged Peters with contributory negligence and alleged that Peters failed to have his lights on at a time when it was dark enough to require them.Davis calls Bystander to testify that Passenger, who was riding in Peters's automobile and who also was injured, confided to Bystander at the scene of the accident that "we should have had our lights on." Bystander's testimony is
0. admissible as an admission of a party opponent.
1. admissible as a declaration against interest.
2. inadmissible, because it is hearsay not within any exception.
3. inadmissible, because it is opinion
red light, and the need to identify the actual violator has led to the creation of a unique investigatory tool, the fake " ticket. " groups opposing the use of red light cameras have argued that where the cameras are not set up to identify the vehicle driver, owner liability issues are raised. it is perceived by some that the owner of the vehicle is unfairly penalized by being considered liable for red - light violations although they may not have been the driver at the time of the offense. in most jurisdictions the liability for red light violations is a civil offense, rather than a criminal citation, issued upon the vehicle owner β similar to a parking ticket. the issue of owner liability has been addressed in the us courts, with a ruling in the district of columbia court of appeals in 2007, which agreed with a lower court when it found that the presumption of liability of the owners of vehicles issued citations does not violate due process rights. this ruling was supported by a 2009 7th us circuit court of appeals ruling in which it was held that issuing citations to vehicle owners ( or lessees ) is constitutional. the court stated that it also encourages drivers to be cautious in lending their vehicles to others. the argument that red light cameras violate the privacy of citizens, has also been addressed in the us courts. according to a 2009 ruling by the 7th us circuit court of appeals, " no one has a fundamental right to run a red light or avoid being seen by a camera on a public street. " in addition, cameras only take photographs or video when a vehicle has run a red light and, in most states, the camera does not photograph the driver or the occupants of the vehicle. it is also argued that such cameras violate the sixth amendment's confrontation clause and the right to be assumed innocent until proven guilty. in most areas, red light enforcement cameras are installed and maintained by private firms. lawsuits have been raised challenging private companies'rights to hand out citations, such as a december 2008 lawsuit challenging the city of dallas'red light camera program, which was dismissed in march 2009. in most cases, citations are issued by law enforcement officers using the evidence provided by the companies. there have been many instances where cities in the us have been found to have too - short yellow - light intervals at some intersections where red light cameras have been installed. in tennessee, 176 drivers were refunded for fines paid after it was discovered that the length of the yellow was too short for that location, and motorists were caught running the light in the first second of the
affected by driver's being blinded by lights other than those of a motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 760. wade r. habeeb ( c. 2009 ). " liability or recovery in automobile negligence action as affected by driver's being blinded by lights of motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 551. l. s. tellier ( 2011 ). " right and duty of motorist on through, favored, or arterial street or highway to proceed where lateral view at intersection is obstructed by physical obstacle ". american law reports - - annotated, 2nd series. vol. 59. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1202. " " assured clear distance " statute or rule as applied at hill or curve ". american law reports - - annotated. vol. 133. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 967. " application of " assured clear distance ahead " or " radius of lights " doctrine to accident involving pedestrian crossing the street or highway ". american law reports - - annotated, 2nd series. vol. 31. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1424. " driving automobile at speed which prevents stopping within range of vision as negligence ". american law reports - - annotated, 2nd series. vol. 44, 58, 87, 97. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1403 ; 1493 ; 900 ; 546. " driver's failure to maintain proper distance from motor vehicle ahead ". american law reports - - annotated, 2nd series. vol. 85. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 613. " motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 β 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 β 48, 162 β 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 β 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 β 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 β 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 β 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 β 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
##tor. in california, that need to identify the actual violator has led to the creation of a unique investigatory tool, the fake " ticket ". in arizona and virginia, tickets issued by cameras are unenforceable due to there being no penalty for ignoring them. however, acknowledging receipt of such ticket makes it valid and thus enforceable. many states have outlawed the use of traffic enforcement cameras. in april 2000, two motorists who were caught speeding in the united kingdom challenged the road traffic act 1988, which required the keeper of a car to identify the driver at a particular time as being in contradiction to the human rights act 1998 on the grounds that it amounted to a'compulsory confession ', also that since the camera partnerships included the police, local authorities, magistrates courts service ( mcs ) and crown prosecution service ( cps ) which had a financial interest in the fine revenue that they would not get a fair trial. their plea was initially granted by a judge then overturned but was then heard by the european court of human rights ( ecthr ), and the european court of justice ( ecj ). in 2007 the european court of human rights found there was no breach of article 6 in requiring the keepers of cars caught speeding on camera to provide the name of the driver. = = = accuracy = = = in december 2012, speed camera contractor xerox corporation admitted that cameras they had deployed in baltimore city were producing erroneous speed readings and that 1 out of every 20 citations issued at some locations were due to errors. the erroneous citations included at least one issued to a completely stationary car, a fact revealed by a recorded video of the alleged violation. in the city of fort dodge, iowa, speed camera contractor redspeed discovered a location where drivers of school buses, big panel trucks, and similar vehicles have been clocked speeding by the city's mobile speed camera and radar unit even though they were obeying the 25 mph speed limit. the errors were due to what was described as an " electromagnetic anomaly ". where verification photos are recorded on a time sequence, allowing the calculation of actual speed, these have been used to challenge the accuracy of speed cameras in court. motorists in prince george's county, maryland, have successfully challenged tickets from optotraffic speed cameras where they were incorrectly ticketed at over 15 mph over the limit. however, prince george county no longer allows time - distance calculations as a defense in cases where " the equipment was calibrated and validated, or is self cal
Answer:
|
admissible as an admission of a party opponent.
| 0.3 |
Peters sued Davis for $100,000 for injuries received in a traffic accident. Davis charged Peters with contributory negligence and alleged that Peters failed to have his lights on at a time when it was dark enough to require them.Davis offers to have Bystander testify that he was talking to Witness when he heard the crash and heard Witness, now deceased, exclaim, "That car doesn't have any lights on." Bystander's testimony is
0. admissible as a statement of present sense impression
1. admissible, because Witness is not available to testify.
2. inadmissible as hearsay, not within any exception.
3. inadmissible, because of the Dead Man's Statute.
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 β 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 β 48, 162 β 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 β 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 β 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 β 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 β 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 β 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
red light, and the need to identify the actual violator has led to the creation of a unique investigatory tool, the fake " ticket. " groups opposing the use of red light cameras have argued that where the cameras are not set up to identify the vehicle driver, owner liability issues are raised. it is perceived by some that the owner of the vehicle is unfairly penalized by being considered liable for red - light violations although they may not have been the driver at the time of the offense. in most jurisdictions the liability for red light violations is a civil offense, rather than a criminal citation, issued upon the vehicle owner β similar to a parking ticket. the issue of owner liability has been addressed in the us courts, with a ruling in the district of columbia court of appeals in 2007, which agreed with a lower court when it found that the presumption of liability of the owners of vehicles issued citations does not violate due process rights. this ruling was supported by a 2009 7th us circuit court of appeals ruling in which it was held that issuing citations to vehicle owners ( or lessees ) is constitutional. the court stated that it also encourages drivers to be cautious in lending their vehicles to others. the argument that red light cameras violate the privacy of citizens, has also been addressed in the us courts. according to a 2009 ruling by the 7th us circuit court of appeals, " no one has a fundamental right to run a red light or avoid being seen by a camera on a public street. " in addition, cameras only take photographs or video when a vehicle has run a red light and, in most states, the camera does not photograph the driver or the occupants of the vehicle. it is also argued that such cameras violate the sixth amendment's confrontation clause and the right to be assumed innocent until proven guilty. in most areas, red light enforcement cameras are installed and maintained by private firms. lawsuits have been raised challenging private companies'rights to hand out citations, such as a december 2008 lawsuit challenging the city of dallas'red light camera program, which was dismissed in march 2009. in most cases, citations are issued by law enforcement officers using the evidence provided by the companies. there have been many instances where cities in the us have been found to have too - short yellow - light intervals at some intersections where red light cameras have been installed. in tennessee, 176 drivers were refunded for fines paid after it was discovered that the length of the yellow was too short for that location, and motorists were caught running the light in the first second of the
affected by driver's being blinded by lights other than those of a motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 760. wade r. habeeb ( c. 2009 ). " liability or recovery in automobile negligence action as affected by driver's being blinded by lights of motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 551. l. s. tellier ( 2011 ). " right and duty of motorist on through, favored, or arterial street or highway to proceed where lateral view at intersection is obstructed by physical obstacle ". american law reports - - annotated, 2nd series. vol. 59. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1202. " " assured clear distance " statute or rule as applied at hill or curve ". american law reports - - annotated. vol. 133. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 967. " application of " assured clear distance ahead " or " radius of lights " doctrine to accident involving pedestrian crossing the street or highway ". american law reports - - annotated, 2nd series. vol. 31. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1424. " driving automobile at speed which prevents stopping within range of vision as negligence ". american law reports - - annotated, 2nd series. vol. 44, 58, 87, 97. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1403 ; 1493 ; 900 ; 546. " driver's failure to maintain proper distance from motor vehicle ahead ". american law reports - - annotated, 2nd series. vol. 85. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 613. " motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west
eyewitness testimony is the account a bystander or victim gives in the courtroom, describing what that person observed that occurred during the specific incident under investigation. ideally this recollection of events is detailed ; however, this is not always the case. this recollection is used as evidence to show what happened from a witness'point of view. memory recall has been considered a credible source in the past, but has recently come under attack as forensics can now support psychologists in their claim that memories and individual perceptions can be unreliable, manipulated, and biased. as a result of this, many countries, and states within the united states, are now attempting to make changes in how eyewitness testimony is presented in court. eyewitness testimony is a specialized focus within cognitive psychology. = = reliability = = psychologists have probed the reliability of eyewitness testimony since the beginning of the 20th century. one prominent pioneer was hugo munsterberg, whose controversial book on the witness stand ( 1908 ) demonstrated the fallibility of eyewitness accounts, but met with fierce criticism, particularly in legal circles. his ideas did, however, gain popularity with the public. decades later, dna testing would clear individuals convicted on the basis of errant eyewitness testimony. studies by scheck, neufel, and dwyer showed that many dna - based exonerations involved eyewitness evidence. in the 1970s and'80s, bob buckhout showed, inter alia, that eyewitness conditions can, within ethical and other constraints, be simulated on university campuses, and that large numbers of people can be mistaken. in his study, " nearly 2, 000 witnesses can be wrong ", buckhout performed an experiment with 2, 145 at - home viewers of a popular news broadcast. the television network played a 13 - second clip of a mock robbery, produced by buckhout. in the video, viewers watched a man in a hat run up behind a woman, knock her over, and take her purse. the perpetrator's face was only visible for about 3. 5 seconds. the clip was followed by the announcer asking participants at home for cooperation in identifying the man who stole the purse. there was a lineup of six male suspects, each having a number associated with him. the people at home could call a number on their screen to report which suspect they believed was the perpetrator. the perpetrator was suspect number 2. callers also had the option of reporting that they did not believe the perpet
Answer:
|
admissible as a statement of present sense impression
| null |
Peters sued Davis for $100,000 for injuries received in a traffic accident. Davis charged Peters with contributory negligence and alleged that Peters failed to have his lights on at a time when it was dark enough to require them.Davis offers to have Bystander testify that he was talking to Witness when he heard the crash and heard Witness, now deceased, exclaim, "That car doesn't have any lights on." Bystander's testimony is
0. admissible as a statement of present sense impression
1. admissible, because Witness is not available to testify.
2. inadmissible as hearsay, not within any exception.
3. inadmissible, because of the Dead Man's Statute.
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 β 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 β 48, 162 β 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 β 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 β 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 β 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 β 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 β 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
red light, and the need to identify the actual violator has led to the creation of a unique investigatory tool, the fake " ticket. " groups opposing the use of red light cameras have argued that where the cameras are not set up to identify the vehicle driver, owner liability issues are raised. it is perceived by some that the owner of the vehicle is unfairly penalized by being considered liable for red - light violations although they may not have been the driver at the time of the offense. in most jurisdictions the liability for red light violations is a civil offense, rather than a criminal citation, issued upon the vehicle owner β similar to a parking ticket. the issue of owner liability has been addressed in the us courts, with a ruling in the district of columbia court of appeals in 2007, which agreed with a lower court when it found that the presumption of liability of the owners of vehicles issued citations does not violate due process rights. this ruling was supported by a 2009 7th us circuit court of appeals ruling in which it was held that issuing citations to vehicle owners ( or lessees ) is constitutional. the court stated that it also encourages drivers to be cautious in lending their vehicles to others. the argument that red light cameras violate the privacy of citizens, has also been addressed in the us courts. according to a 2009 ruling by the 7th us circuit court of appeals, " no one has a fundamental right to run a red light or avoid being seen by a camera on a public street. " in addition, cameras only take photographs or video when a vehicle has run a red light and, in most states, the camera does not photograph the driver or the occupants of the vehicle. it is also argued that such cameras violate the sixth amendment's confrontation clause and the right to be assumed innocent until proven guilty. in most areas, red light enforcement cameras are installed and maintained by private firms. lawsuits have been raised challenging private companies'rights to hand out citations, such as a december 2008 lawsuit challenging the city of dallas'red light camera program, which was dismissed in march 2009. in most cases, citations are issued by law enforcement officers using the evidence provided by the companies. there have been many instances where cities in the us have been found to have too - short yellow - light intervals at some intersections where red light cameras have been installed. in tennessee, 176 drivers were refunded for fines paid after it was discovered that the length of the yellow was too short for that location, and motorists were caught running the light in the first second of the
affected by driver's being blinded by lights other than those of a motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 760. wade r. habeeb ( c. 2009 ). " liability or recovery in automobile negligence action as affected by driver's being blinded by lights of motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 551. l. s. tellier ( 2011 ). " right and duty of motorist on through, favored, or arterial street or highway to proceed where lateral view at intersection is obstructed by physical obstacle ". american law reports - - annotated, 2nd series. vol. 59. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1202. " " assured clear distance " statute or rule as applied at hill or curve ". american law reports - - annotated. vol. 133. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 967. " application of " assured clear distance ahead " or " radius of lights " doctrine to accident involving pedestrian crossing the street or highway ". american law reports - - annotated, 2nd series. vol. 31. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1424. " driving automobile at speed which prevents stopping within range of vision as negligence ". american law reports - - annotated, 2nd series. vol. 44, 58, 87, 97. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1403 ; 1493 ; 900 ; 546. " driver's failure to maintain proper distance from motor vehicle ahead ". american law reports - - annotated, 2nd series. vol. 85. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 613. " motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west
eyewitness testimony is the account a bystander or victim gives in the courtroom, describing what that person observed that occurred during the specific incident under investigation. ideally this recollection of events is detailed ; however, this is not always the case. this recollection is used as evidence to show what happened from a witness'point of view. memory recall has been considered a credible source in the past, but has recently come under attack as forensics can now support psychologists in their claim that memories and individual perceptions can be unreliable, manipulated, and biased. as a result of this, many countries, and states within the united states, are now attempting to make changes in how eyewitness testimony is presented in court. eyewitness testimony is a specialized focus within cognitive psychology. = = reliability = = psychologists have probed the reliability of eyewitness testimony since the beginning of the 20th century. one prominent pioneer was hugo munsterberg, whose controversial book on the witness stand ( 1908 ) demonstrated the fallibility of eyewitness accounts, but met with fierce criticism, particularly in legal circles. his ideas did, however, gain popularity with the public. decades later, dna testing would clear individuals convicted on the basis of errant eyewitness testimony. studies by scheck, neufel, and dwyer showed that many dna - based exonerations involved eyewitness evidence. in the 1970s and'80s, bob buckhout showed, inter alia, that eyewitness conditions can, within ethical and other constraints, be simulated on university campuses, and that large numbers of people can be mistaken. in his study, " nearly 2, 000 witnesses can be wrong ", buckhout performed an experiment with 2, 145 at - home viewers of a popular news broadcast. the television network played a 13 - second clip of a mock robbery, produced by buckhout. in the video, viewers watched a man in a hat run up behind a woman, knock her over, and take her purse. the perpetrator's face was only visible for about 3. 5 seconds. the clip was followed by the announcer asking participants at home for cooperation in identifying the man who stole the purse. there was a lineup of six male suspects, each having a number associated with him. the people at home could call a number on their screen to report which suspect they believed was the perpetrator. the perpetrator was suspect number 2. callers also had the option of reporting that they did not believe the perpet
Answer:
|
inadmissible as hearsay, not within any exception.
| 0.3 |
Owner and his employee, Driver, consult Attorney about a motor vehicle collision resulting in a suit by Litigant against Owner and Driver as joint defendants. Attorney calls Irving, his investigator, into the conference to make notes of what is said, and those present discuss the facts of the collision and Owner's insurance. Owner thereafter files a cross-claim against Driver for indemnity for any damages obtained by LitigantLitigant calls Driver to testify in Litigant's case in chief to admissions made by Owner in the conference. On objection by Owner, the court should rule that Driver's testimony is
0. admissible, because of the presence of persons in the conference other than Attorney and Owner.
1. admissible, because Driver is an adverse party in the lawsuit.
2. inadmissible, because of the attorney-client privilege.
3. inadmissible, because the best evidence is Irving's notes of the conference
affected by driver's being blinded by lights other than those of a motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 760. wade r. habeeb ( c. 2009 ). " liability or recovery in automobile negligence action as affected by driver's being blinded by lights of motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 551. l. s. tellier ( 2011 ). " right and duty of motorist on through, favored, or arterial street or highway to proceed where lateral view at intersection is obstructed by physical obstacle ". american law reports - - annotated, 2nd series. vol. 59. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1202. " " assured clear distance " statute or rule as applied at hill or curve ". american law reports - - annotated. vol. 133. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 967. " application of " assured clear distance ahead " or " radius of lights " doctrine to accident involving pedestrian crossing the street or highway ". american law reports - - annotated, 2nd series. vol. 31. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1424. " driving automobile at speed which prevents stopping within range of vision as negligence ". american law reports - - annotated, 2nd series. vol. 44, 58, 87, 97. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1403 ; 1493 ; 900 ; 546. " driver's failure to maintain proper distance from motor vehicle ahead ". american law reports - - annotated, 2nd series. vol. 85. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 613. " motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 β 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 β 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 β 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 β 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 β 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
red light, and the need to identify the actual violator has led to the creation of a unique investigatory tool, the fake " ticket. " groups opposing the use of red light cameras have argued that where the cameras are not set up to identify the vehicle driver, owner liability issues are raised. it is perceived by some that the owner of the vehicle is unfairly penalized by being considered liable for red - light violations although they may not have been the driver at the time of the offense. in most jurisdictions the liability for red light violations is a civil offense, rather than a criminal citation, issued upon the vehicle owner β similar to a parking ticket. the issue of owner liability has been addressed in the us courts, with a ruling in the district of columbia court of appeals in 2007, which agreed with a lower court when it found that the presumption of liability of the owners of vehicles issued citations does not violate due process rights. this ruling was supported by a 2009 7th us circuit court of appeals ruling in which it was held that issuing citations to vehicle owners ( or lessees ) is constitutional. the court stated that it also encourages drivers to be cautious in lending their vehicles to others. the argument that red light cameras violate the privacy of citizens, has also been addressed in the us courts. according to a 2009 ruling by the 7th us circuit court of appeals, " no one has a fundamental right to run a red light or avoid being seen by a camera on a public street. " in addition, cameras only take photographs or video when a vehicle has run a red light and, in most states, the camera does not photograph the driver or the occupants of the vehicle. it is also argued that such cameras violate the sixth amendment's confrontation clause and the right to be assumed innocent until proven guilty. in most areas, red light enforcement cameras are installed and maintained by private firms. lawsuits have been raised challenging private companies'rights to hand out citations, such as a december 2008 lawsuit challenging the city of dallas'red light camera program, which was dismissed in march 2009. in most cases, citations are issued by law enforcement officers using the evidence provided by the companies. there have been many instances where cities in the us have been found to have too - short yellow - light intervals at some intersections where red light cameras have been installed. in tennessee, 176 drivers were refunded for fines paid after it was discovered that the length of the yellow was too short for that location, and motorists were caught running the light in the first second of the
beyond the proximate edge of clear visibility and choose such a speed accordingly, transfers classic common law liability from that driver for his or her " blind " actions. this duty to assure clear distance ahead is inevitably transferred, as an externality to everybody or thing else who must instead warn the driver, such as the government, its road engineers, and maintainers. as it is generally probable and foreseeable that, chance will permit, and at some point there will be an obstruction beyond some driver's line of sight, such an entitlement challenges centuries of precedent in negligence doctrine in addition to posing difficult policy and engineering challenges. it also violates the calculus of negligence because speed is an inherent factor in vehicular accidents which are a leading cause of priceless life loss and lawsuits, and the burden of a precautions speed is radically lower than the former. the assumption of risk resulting from the unsafe activity of driving faster than one can stop within one's vision, does not depend ex post facto on what you happened to hit, for which by nature you could not have known ; it could have been a moose or a luxury car. furthermore, modern times still provide no legal remedies for darwinian misfortune upon the entire class of unwarnable accidents where drivers and their passengers would not have collided into the likes of a moose, livestock, fallen tree, rock, jetsam, horse - drawn vehicle, stalled vehicle, school bus, garbage truck, mail carrier, snowplow, washout, snow drift, or slid off the road, were it not for their decisions to drive faster than dictated by the assured clear distance ahead. regardless of what behavior an authority might encourage by fabricating new rights, it remains timeless that constituents cannot sue the wind for causing a wreck when it inevitably violates a " modern right to drive faster than permitted by the acda " by failing to warn them it knocked down a tree in a forest with many trees which all eventually fell. in this specific regard, jurisdictions which grant drivers the liberty to be fools from their own folly, are also condoning the collateral damage and life loss which is expected to occur. moreover, modern life - entrusting consumers of driving services and driverless cars who suffer such caused injury are left without legal remedy for foreseeable outcome of imprudent speed ; this in - turn unnecessarily transfers a substantive portion of the acda liability space into act of god, government claims, strict liability, or other findings from legal fiction which the justice system
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 β 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 β 48, 162 β 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
Answer:
|
inadmissible, because of the attorney-client privilege.
| null |
Owner and his employee, Driver, consult Attorney about a motor vehicle collision resulting in a suit by Litigant against Owner and Driver as joint defendants. Attorney calls Irving, his investigator, into the conference to make notes of what is said, and those present discuss the facts of the collision and Owner's insurance. Owner thereafter files a cross-claim against Driver for indemnity for any damages obtained by LitigantLitigant calls Driver to testify in Litigant's case in chief to admissions made by Owner in the conference. On objection by Owner, the court should rule that Driver's testimony is
0. admissible, because of the presence of persons in the conference other than Attorney and Owner.
1. admissible, because Driver is an adverse party in the lawsuit.
2. inadmissible, because of the attorney-client privilege.
3. inadmissible, because the best evidence is Irving's notes of the conference
affected by driver's being blinded by lights other than those of a motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 760. wade r. habeeb ( c. 2009 ). " liability or recovery in automobile negligence action as affected by driver's being blinded by lights of motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 551. l. s. tellier ( 2011 ). " right and duty of motorist on through, favored, or arterial street or highway to proceed where lateral view at intersection is obstructed by physical obstacle ". american law reports - - annotated, 2nd series. vol. 59. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1202. " " assured clear distance " statute or rule as applied at hill or curve ". american law reports - - annotated. vol. 133. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 967. " application of " assured clear distance ahead " or " radius of lights " doctrine to accident involving pedestrian crossing the street or highway ". american law reports - - annotated, 2nd series. vol. 31. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1424. " driving automobile at speed which prevents stopping within range of vision as negligence ". american law reports - - annotated, 2nd series. vol. 44, 58, 87, 97. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1403 ; 1493 ; 900 ; 546. " driver's failure to maintain proper distance from motor vehicle ahead ". american law reports - - annotated, 2nd series. vol. 85. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 613. " motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 β 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 β 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 β 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 β 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 β 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
red light, and the need to identify the actual violator has led to the creation of a unique investigatory tool, the fake " ticket. " groups opposing the use of red light cameras have argued that where the cameras are not set up to identify the vehicle driver, owner liability issues are raised. it is perceived by some that the owner of the vehicle is unfairly penalized by being considered liable for red - light violations although they may not have been the driver at the time of the offense. in most jurisdictions the liability for red light violations is a civil offense, rather than a criminal citation, issued upon the vehicle owner β similar to a parking ticket. the issue of owner liability has been addressed in the us courts, with a ruling in the district of columbia court of appeals in 2007, which agreed with a lower court when it found that the presumption of liability of the owners of vehicles issued citations does not violate due process rights. this ruling was supported by a 2009 7th us circuit court of appeals ruling in which it was held that issuing citations to vehicle owners ( or lessees ) is constitutional. the court stated that it also encourages drivers to be cautious in lending their vehicles to others. the argument that red light cameras violate the privacy of citizens, has also been addressed in the us courts. according to a 2009 ruling by the 7th us circuit court of appeals, " no one has a fundamental right to run a red light or avoid being seen by a camera on a public street. " in addition, cameras only take photographs or video when a vehicle has run a red light and, in most states, the camera does not photograph the driver or the occupants of the vehicle. it is also argued that such cameras violate the sixth amendment's confrontation clause and the right to be assumed innocent until proven guilty. in most areas, red light enforcement cameras are installed and maintained by private firms. lawsuits have been raised challenging private companies'rights to hand out citations, such as a december 2008 lawsuit challenging the city of dallas'red light camera program, which was dismissed in march 2009. in most cases, citations are issued by law enforcement officers using the evidence provided by the companies. there have been many instances where cities in the us have been found to have too - short yellow - light intervals at some intersections where red light cameras have been installed. in tennessee, 176 drivers were refunded for fines paid after it was discovered that the length of the yellow was too short for that location, and motorists were caught running the light in the first second of the
beyond the proximate edge of clear visibility and choose such a speed accordingly, transfers classic common law liability from that driver for his or her " blind " actions. this duty to assure clear distance ahead is inevitably transferred, as an externality to everybody or thing else who must instead warn the driver, such as the government, its road engineers, and maintainers. as it is generally probable and foreseeable that, chance will permit, and at some point there will be an obstruction beyond some driver's line of sight, such an entitlement challenges centuries of precedent in negligence doctrine in addition to posing difficult policy and engineering challenges. it also violates the calculus of negligence because speed is an inherent factor in vehicular accidents which are a leading cause of priceless life loss and lawsuits, and the burden of a precautions speed is radically lower than the former. the assumption of risk resulting from the unsafe activity of driving faster than one can stop within one's vision, does not depend ex post facto on what you happened to hit, for which by nature you could not have known ; it could have been a moose or a luxury car. furthermore, modern times still provide no legal remedies for darwinian misfortune upon the entire class of unwarnable accidents where drivers and their passengers would not have collided into the likes of a moose, livestock, fallen tree, rock, jetsam, horse - drawn vehicle, stalled vehicle, school bus, garbage truck, mail carrier, snowplow, washout, snow drift, or slid off the road, were it not for their decisions to drive faster than dictated by the assured clear distance ahead. regardless of what behavior an authority might encourage by fabricating new rights, it remains timeless that constituents cannot sue the wind for causing a wreck when it inevitably violates a " modern right to drive faster than permitted by the acda " by failing to warn them it knocked down a tree in a forest with many trees which all eventually fell. in this specific regard, jurisdictions which grant drivers the liberty to be fools from their own folly, are also condoning the collateral damage and life loss which is expected to occur. moreover, modern life - entrusting consumers of driving services and driverless cars who suffer such caused injury are left without legal remedy for foreseeable outcome of imprudent speed ; this in - turn unnecessarily transfers a substantive portion of the acda liability space into act of god, government claims, strict liability, or other findings from legal fiction which the justice system
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 β 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 β 48, 162 β 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
Answer:
|
inadmissible, because the best evidence is Irving's notes of the conference
| 0.3 |
Owner and his employee, Driver, consult Attorney about a motor vehicle collision resulting in a suit by Litigant against Owner and Driver as joint defendants. Attorney calls Irving, his investigator, into the conference to make notes of what is said, and those present discuss the facts of the collision and Owner's insurance. Owner thereafter files a cross-claim against Driver for indemnity for any damages obtained by LitigantDriver calls Irving in his defense against the cross-claim. He seeks to have Irving testify to an admission made by Owner in the conference. On objection by Owner, the court should rule that Irving's testimony is
0. admissible, because the attorney-client privilege does not apply, in suits between those conferring with him, to joint consultations with an attorney.
1. admissible, because the attorney-client privilege does not apply to testimony by one who does not stand in a confidential relationship with the person against whom the evidence is offered.
2. admissible, because the conference was not intended to be confidential, since it concerned anticipated testimony in open court.
3. inadmissible, because Owner has not waived the attorney-client privilege.
affected by driver's being blinded by lights other than those of a motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 760. wade r. habeeb ( c. 2009 ). " liability or recovery in automobile negligence action as affected by driver's being blinded by lights of motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 551. l. s. tellier ( 2011 ). " right and duty of motorist on through, favored, or arterial street or highway to proceed where lateral view at intersection is obstructed by physical obstacle ". american law reports - - annotated, 2nd series. vol. 59. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1202. " " assured clear distance " statute or rule as applied at hill or curve ". american law reports - - annotated. vol. 133. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 967. " application of " assured clear distance ahead " or " radius of lights " doctrine to accident involving pedestrian crossing the street or highway ". american law reports - - annotated, 2nd series. vol. 31. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1424. " driving automobile at speed which prevents stopping within range of vision as negligence ". american law reports - - annotated, 2nd series. vol. 44, 58, 87, 97. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1403 ; 1493 ; 900 ; 546. " driver's failure to maintain proper distance from motor vehicle ahead ". american law reports - - annotated, 2nd series. vol. 85. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 613. " motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 β 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 β 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 β 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 β 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 β 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
red light, and the need to identify the actual violator has led to the creation of a unique investigatory tool, the fake " ticket. " groups opposing the use of red light cameras have argued that where the cameras are not set up to identify the vehicle driver, owner liability issues are raised. it is perceived by some that the owner of the vehicle is unfairly penalized by being considered liable for red - light violations although they may not have been the driver at the time of the offense. in most jurisdictions the liability for red light violations is a civil offense, rather than a criminal citation, issued upon the vehicle owner β similar to a parking ticket. the issue of owner liability has been addressed in the us courts, with a ruling in the district of columbia court of appeals in 2007, which agreed with a lower court when it found that the presumption of liability of the owners of vehicles issued citations does not violate due process rights. this ruling was supported by a 2009 7th us circuit court of appeals ruling in which it was held that issuing citations to vehicle owners ( or lessees ) is constitutional. the court stated that it also encourages drivers to be cautious in lending their vehicles to others. the argument that red light cameras violate the privacy of citizens, has also been addressed in the us courts. according to a 2009 ruling by the 7th us circuit court of appeals, " no one has a fundamental right to run a red light or avoid being seen by a camera on a public street. " in addition, cameras only take photographs or video when a vehicle has run a red light and, in most states, the camera does not photograph the driver or the occupants of the vehicle. it is also argued that such cameras violate the sixth amendment's confrontation clause and the right to be assumed innocent until proven guilty. in most areas, red light enforcement cameras are installed and maintained by private firms. lawsuits have been raised challenging private companies'rights to hand out citations, such as a december 2008 lawsuit challenging the city of dallas'red light camera program, which was dismissed in march 2009. in most cases, citations are issued by law enforcement officers using the evidence provided by the companies. there have been many instances where cities in the us have been found to have too - short yellow - light intervals at some intersections where red light cameras have been installed. in tennessee, 176 drivers were refunded for fines paid after it was discovered that the length of the yellow was too short for that location, and motorists were caught running the light in the first second of the
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 β 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 β 48, 162 β 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
= = = in february 2024, a multidistrict litigation ( mdl ) was established in the northern district of california against uber technologies, inc., consolidating numerous claims from among the more than 3, 000 sexual assault lawsuits filed against the company in state and federal courts. these lawsuits allege uber prioritized growth over safety by using inadequate background checks, skipping in - person driver vetting, and failing to invest in preventive measures such as cameras or monitoring systems. it also claims uber knowingly put vulnerable passengers, such as intoxicated women, at risk through its marketing and business practices. the litigation seeks injunctive relief, damages and changes to uber's safety policies. some survivors have chosen to pursue justice in state courts outside of the mdl, seeking faster resolutions and a more individualized approach. = = = wage theft claims = = = in 2020, 5, 000 drivers filed wage and hour claims with the california labour commission office against uber and lyft, alleging they were misclassified as independent contractors. rideshare drivers united in california claim that at least 250, 000 individual rideshare drivers in california who drove for the apps between 2016 and 2020 are estimated to be eligible for the settlement for wage theft claims of tens of billions of dollars. = = corporate affairs = = = = = leadership = = = uber's key management as of may 2025 consists of : dara khosrowshahi, chief executive officer prashanth mahendra - rajah, chief financial officer tony west, chief legal officer nikki krishnamurthy, chief people officer andrew macdonald, senior vice president, mobility & business operations gus fuldner, senior vice president, safety & core services pierre - dimitri gore - coty, senior vice president, delivery albert greenberg, vice president, platform engineering sachin kansal, chief product officer praveen neppalli naga, chief technology officer for mobility & delivery jill hazelbaker, senior vice president, marketing and public affairs = = = finances = = = uber has posted hundreds of millions or billions of dollars in losses each year from 2014 until 2022 except for 2018, when it exited from the markets in russia, china, and southeast asia in exchange for stakes in rival businesses. by the end of 2022, uber had us $ 32. 11 billion in assets and $ 24. 03 billion in liabilities. uber posted annual operating profits in 2023, totaling $ 1. 88 billion, after accumulating $ 31. 5
Answer:
|
admissible, because the attorney-client privilege does not apply, in suits between those conferring with him, to joint consultations with an attorney.
| null |
Owner and his employee, Driver, consult Attorney about a motor vehicle collision resulting in a suit by Litigant against Owner and Driver as joint defendants. Attorney calls Irving, his investigator, into the conference to make notes of what is said, and those present discuss the facts of the collision and Owner's insurance. Owner thereafter files a cross-claim against Driver for indemnity for any damages obtained by LitigantDriver calls Irving in his defense against the cross-claim. He seeks to have Irving testify to an admission made by Owner in the conference. On objection by Owner, the court should rule that Irving's testimony is
0. admissible, because the attorney-client privilege does not apply, in suits between those conferring with him, to joint consultations with an attorney.
1. admissible, because the attorney-client privilege does not apply to testimony by one who does not stand in a confidential relationship with the person against whom the evidence is offered.
2. admissible, because the conference was not intended to be confidential, since it concerned anticipated testimony in open court.
3. inadmissible, because Owner has not waived the attorney-client privilege.
affected by driver's being blinded by lights other than those of a motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 760. wade r. habeeb ( c. 2009 ). " liability or recovery in automobile negligence action as affected by driver's being blinded by lights of motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 551. l. s. tellier ( 2011 ). " right and duty of motorist on through, favored, or arterial street or highway to proceed where lateral view at intersection is obstructed by physical obstacle ". american law reports - - annotated, 2nd series. vol. 59. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1202. " " assured clear distance " statute or rule as applied at hill or curve ". american law reports - - annotated. vol. 133. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 967. " application of " assured clear distance ahead " or " radius of lights " doctrine to accident involving pedestrian crossing the street or highway ". american law reports - - annotated, 2nd series. vol. 31. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1424. " driving automobile at speed which prevents stopping within range of vision as negligence ". american law reports - - annotated, 2nd series. vol. 44, 58, 87, 97. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1403 ; 1493 ; 900 ; 546. " driver's failure to maintain proper distance from motor vehicle ahead ". american law reports - - annotated, 2nd series. vol. 85. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 613. " motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 β 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 β 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 β 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 β 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 β 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
red light, and the need to identify the actual violator has led to the creation of a unique investigatory tool, the fake " ticket. " groups opposing the use of red light cameras have argued that where the cameras are not set up to identify the vehicle driver, owner liability issues are raised. it is perceived by some that the owner of the vehicle is unfairly penalized by being considered liable for red - light violations although they may not have been the driver at the time of the offense. in most jurisdictions the liability for red light violations is a civil offense, rather than a criminal citation, issued upon the vehicle owner β similar to a parking ticket. the issue of owner liability has been addressed in the us courts, with a ruling in the district of columbia court of appeals in 2007, which agreed with a lower court when it found that the presumption of liability of the owners of vehicles issued citations does not violate due process rights. this ruling was supported by a 2009 7th us circuit court of appeals ruling in which it was held that issuing citations to vehicle owners ( or lessees ) is constitutional. the court stated that it also encourages drivers to be cautious in lending their vehicles to others. the argument that red light cameras violate the privacy of citizens, has also been addressed in the us courts. according to a 2009 ruling by the 7th us circuit court of appeals, " no one has a fundamental right to run a red light or avoid being seen by a camera on a public street. " in addition, cameras only take photographs or video when a vehicle has run a red light and, in most states, the camera does not photograph the driver or the occupants of the vehicle. it is also argued that such cameras violate the sixth amendment's confrontation clause and the right to be assumed innocent until proven guilty. in most areas, red light enforcement cameras are installed and maintained by private firms. lawsuits have been raised challenging private companies'rights to hand out citations, such as a december 2008 lawsuit challenging the city of dallas'red light camera program, which was dismissed in march 2009. in most cases, citations are issued by law enforcement officers using the evidence provided by the companies. there have been many instances where cities in the us have been found to have too - short yellow - light intervals at some intersections where red light cameras have been installed. in tennessee, 176 drivers were refunded for fines paid after it was discovered that the length of the yellow was too short for that location, and motorists were caught running the light in the first second of the
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 β 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 β 48, 162 β 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
= = = in february 2024, a multidistrict litigation ( mdl ) was established in the northern district of california against uber technologies, inc., consolidating numerous claims from among the more than 3, 000 sexual assault lawsuits filed against the company in state and federal courts. these lawsuits allege uber prioritized growth over safety by using inadequate background checks, skipping in - person driver vetting, and failing to invest in preventive measures such as cameras or monitoring systems. it also claims uber knowingly put vulnerable passengers, such as intoxicated women, at risk through its marketing and business practices. the litigation seeks injunctive relief, damages and changes to uber's safety policies. some survivors have chosen to pursue justice in state courts outside of the mdl, seeking faster resolutions and a more individualized approach. = = = wage theft claims = = = in 2020, 5, 000 drivers filed wage and hour claims with the california labour commission office against uber and lyft, alleging they were misclassified as independent contractors. rideshare drivers united in california claim that at least 250, 000 individual rideshare drivers in california who drove for the apps between 2016 and 2020 are estimated to be eligible for the settlement for wage theft claims of tens of billions of dollars. = = corporate affairs = = = = = leadership = = = uber's key management as of may 2025 consists of : dara khosrowshahi, chief executive officer prashanth mahendra - rajah, chief financial officer tony west, chief legal officer nikki krishnamurthy, chief people officer andrew macdonald, senior vice president, mobility & business operations gus fuldner, senior vice president, safety & core services pierre - dimitri gore - coty, senior vice president, delivery albert greenberg, vice president, platform engineering sachin kansal, chief product officer praveen neppalli naga, chief technology officer for mobility & delivery jill hazelbaker, senior vice president, marketing and public affairs = = = finances = = = uber has posted hundreds of millions or billions of dollars in losses each year from 2014 until 2022 except for 2018, when it exited from the markets in russia, china, and southeast asia in exchange for stakes in rival businesses. by the end of 2022, uber had us $ 32. 11 billion in assets and $ 24. 03 billion in liabilities. uber posted annual operating profits in 2023, totaling $ 1. 88 billion, after accumulating $ 31. 5
Answer:
|
inadmissible, because Owner has not waived the attorney-client privilege.
| 0.3 |
Dave is a six-year-old boy who has a well-deserved reputation for bullying younger and smaller children. His parents have encouraged him to be aggressive and tough. Dave, for no reason, knocked down, kicked, and severely injured Pete, a four-year-old boy. A claim for relief has been asserted by Pete's parents for their medical and hospital costs and for Pete's injuries.If the claim is asserted against Dave's parents, the most likely result is that they will be
0. liable, because parents are strictly liable for the torts of their children.
1. liable, because Dave's parents encouraged him to be aggressive and tough.
2. not liable, because a six-year-old cannot commit a tort.
3. not liable, because parents cannot be held liable for the tort of a child
if a boy watches his father physically harm his mother, instead of expressing his emotions through words, the boy is more likely to do the same towards his mum or a future partner, without knowing why he is hitting them. his theory identifies four cognitive factors ( attention, retention, production, and motivation ) that must be present for imitation of behavior ( such as acting out ) to take place. = = = coercive family process = = = expanding on bandura β s social learning theory, is the theory of the coercive family process introduced by gerald patterson. coercive cycles are interactions between parents and children that escalate in intensity and reinforce negative behavior. the child threatens to attack ( verbally or physically ) ; however, if the parent complies, they immediately terminate their attack. for example, a mother is shouting at her son, telling him to clean his room. he resists, shouting and screaming, due to his behavior the mother complies, and ends up cleaning his room for him, and the child stops screaming. the child learns that throwing a tantrum will remove the unpleasant consequence of having to clean his room. similarly, the mother learns that giving up will remove the unpleasant consequence of her son β s tantrum. both the mother and son are unintentionally rewarded for their behavior, an example of negative reinforcement. = = in analysis = = freud considered that patients in analysis tended to act out their conflicts in preference to remembering them β repetition compulsion. the analytic task was then to help " the patient who does not remember anything of what he has forgotten and repressed, but acts it out " to replace present activity by past memory. otto fenichel added that acting out in an analytic setting potentially offered valuable insights to the therapist ; but was nonetheless a psychological resistance in as much as it deals only with the present at the expense of concealing the underlying influence of the past. lacan also spoke of " the corrective value of acting out ", though others qualified this with the proviso that such acting out must be limited in the extent of its destructive / self - destructiveness. annie reich pointed out that the analyst may use the patient by acting out in an indirect countertransference, for example to win the approval of a supervisor. = = interpretations = = the interpretation of a person's acting out and an observer's response varies considerably, with context and subject usually setting audience expectations. = = = in parenting = = = early years, temper tantrums can
exists, the young person β s views ought to be respected. " a " dissenting " opinion by justice ian binnie would have gone further : " at common law, proof of capacity entitles the'mature minor'to exercise personal autonomy in making medical treatment decisions free of parental or judicial control.... [ a ] young person with capacity is entitled to make the treatment decision, not just to have'input'into a judge β s consideration of what the judge believes to be the young person's best interests. " analysts note that the canadian decision merely requires that younger patients be permitted a hearing, and still allows a judge to " decide whether or not to order a medical procedure on an unwilling minor ". = = see also = = emancipation of minors marion's case ( australia ) gillick competence ( uk ) age of consent age of majority = = references = =
parental neglect in cases where the focus child is aged 2 β 12, and where the child is not the subject of a child protection plan. the safecare programme is a preventive programme working with parents of children under 6 years old who are at risk of significant harm through neglect. the programme is delivered in the home by trained practitioners, and is 18 to 20 sessions focused on 3 key areas : parent - infant / child interaction, home safety and child health. triple p ( parenting program ) is a positive parenting program. it is a multilevel parenting and family support strategy. the idea behind it is that if parents are educated on proper parenting and given the appropriate resources, it could help decrease the number of child neglect cases. = = see also = = = = references = = = = further reading = = = = external links = = " child development ". u. s. centers for disease control and prevention. 15 february 2022. " child development activities for parents ". 3 june 2024. " the science of early childhood ". harvard university center on the developing child. " world association for infant mental health ". archived from the original on 30 january 2009.
obedience orientation, children in this phase of moral development only accept what an authority says as " good " and anything that goes against this authority as " bad " because they may be punished if they go against the authority. however, not all of the children lied just because their parents, an authority figure, told them to. the findings validate some portions of his work but show that not all portions of it are applicable to the moral development of children. the findings also showed that children much younger than 10 can follow ( and deviate ) from kohlberg's model of moral development. = = see also = = lawrence kohlberg's stages of moral development piaget's theory of cognitive development child development stages ethics hoax social psychology evolutionary psychology developmental psychology pathological lying = = references = =
the mature minor doctrine is a rule of law found in the united states and canada accepting that an unemancipated minor patient may possess the maturity to choose or reject a particular health care treatment, sometimes without the knowledge or agreement of parents, and should be permitted to do so. it is now generally considered a form of patients rights ; formerly, the mature minor rule was largely seen as protecting health care providers from criminal and civil claims by parents of minors at least 15 years old. jurisdictions may codify an age of medical consent, accept the judgment of licensed providers regarding an individual minor, or accept a formal court decision following a request that a patient be designated a mature minor, or may rely on some combination. for example, patients at least 16 may be assumed to be mature minors for this purpose, patients aged 13 to 15 may be designated so by licensed providers, and pre - teen patients may be so - designated after evaluation by an agency or court. the mature minor doctrine is sometimes connected with enforcing confidentiality of minor patients from their parents. = = statute = = in the united states, a typical statute lists : " who may consent [ or withhold consent for ] surgical or medical treatment or procedures. " "... any unemancipated minor of sufficient intelligence to understand and appreciate the consequences of the proposed surgical or medical treatment or procedures, for himself. " = = medical emancipation = = by definition, a " mature minor " has been found to have the capacity for decisional autonomy, or the right to make decisions including whether to undergo risky but potentially life - saving medical decisions alone, without parental approval. by contrast, " medical emancipation " formally releases children from some parental involvement requirements but does not necessarily grant that decision making to children themselves. pursuant to statute, several jurisdictions grant medical emancipation to a minor who has become pregnant or requires sexual - health services, thereby permitting medical treatment without parental consent and, often, confidentiality from parents. a limited guardianship may be appointed to make medical decisions for the medically emancipated minor and the minor may not be permitted to refuse or even choose treatment. = = history = = one significant early u. s. case, smith v. seibly, 72 wn. 2d 16, 431 p. 2d 719 ( 1967 ), before the washington supreme court, establishes precedent on the mature minor doctrine. the plaintiff, albert g. smith, an 18 - year - old married father, was suffering from myasthenia gravis, a progressive
Answer:
|
liable, because Dave's parents encouraged him to be aggressive and tough.
| null |
Dave is a six-year-old boy who has a well-deserved reputation for bullying younger and smaller children. His parents have encouraged him to be aggressive and tough. Dave, for no reason, knocked down, kicked, and severely injured Pete, a four-year-old boy. A claim for relief has been asserted by Pete's parents for their medical and hospital costs and for Pete's injuries.If the claim is asserted against Dave's parents, the most likely result is that they will be
0. liable, because parents are strictly liable for the torts of their children.
1. liable, because Dave's parents encouraged him to be aggressive and tough.
2. not liable, because a six-year-old cannot commit a tort.
3. not liable, because parents cannot be held liable for the tort of a child
if a boy watches his father physically harm his mother, instead of expressing his emotions through words, the boy is more likely to do the same towards his mum or a future partner, without knowing why he is hitting them. his theory identifies four cognitive factors ( attention, retention, production, and motivation ) that must be present for imitation of behavior ( such as acting out ) to take place. = = = coercive family process = = = expanding on bandura β s social learning theory, is the theory of the coercive family process introduced by gerald patterson. coercive cycles are interactions between parents and children that escalate in intensity and reinforce negative behavior. the child threatens to attack ( verbally or physically ) ; however, if the parent complies, they immediately terminate their attack. for example, a mother is shouting at her son, telling him to clean his room. he resists, shouting and screaming, due to his behavior the mother complies, and ends up cleaning his room for him, and the child stops screaming. the child learns that throwing a tantrum will remove the unpleasant consequence of having to clean his room. similarly, the mother learns that giving up will remove the unpleasant consequence of her son β s tantrum. both the mother and son are unintentionally rewarded for their behavior, an example of negative reinforcement. = = in analysis = = freud considered that patients in analysis tended to act out their conflicts in preference to remembering them β repetition compulsion. the analytic task was then to help " the patient who does not remember anything of what he has forgotten and repressed, but acts it out " to replace present activity by past memory. otto fenichel added that acting out in an analytic setting potentially offered valuable insights to the therapist ; but was nonetheless a psychological resistance in as much as it deals only with the present at the expense of concealing the underlying influence of the past. lacan also spoke of " the corrective value of acting out ", though others qualified this with the proviso that such acting out must be limited in the extent of its destructive / self - destructiveness. annie reich pointed out that the analyst may use the patient by acting out in an indirect countertransference, for example to win the approval of a supervisor. = = interpretations = = the interpretation of a person's acting out and an observer's response varies considerably, with context and subject usually setting audience expectations. = = = in parenting = = = early years, temper tantrums can
exists, the young person β s views ought to be respected. " a " dissenting " opinion by justice ian binnie would have gone further : " at common law, proof of capacity entitles the'mature minor'to exercise personal autonomy in making medical treatment decisions free of parental or judicial control.... [ a ] young person with capacity is entitled to make the treatment decision, not just to have'input'into a judge β s consideration of what the judge believes to be the young person's best interests. " analysts note that the canadian decision merely requires that younger patients be permitted a hearing, and still allows a judge to " decide whether or not to order a medical procedure on an unwilling minor ". = = see also = = emancipation of minors marion's case ( australia ) gillick competence ( uk ) age of consent age of majority = = references = =
parental neglect in cases where the focus child is aged 2 β 12, and where the child is not the subject of a child protection plan. the safecare programme is a preventive programme working with parents of children under 6 years old who are at risk of significant harm through neglect. the programme is delivered in the home by trained practitioners, and is 18 to 20 sessions focused on 3 key areas : parent - infant / child interaction, home safety and child health. triple p ( parenting program ) is a positive parenting program. it is a multilevel parenting and family support strategy. the idea behind it is that if parents are educated on proper parenting and given the appropriate resources, it could help decrease the number of child neglect cases. = = see also = = = = references = = = = further reading = = = = external links = = " child development ". u. s. centers for disease control and prevention. 15 february 2022. " child development activities for parents ". 3 june 2024. " the science of early childhood ". harvard university center on the developing child. " world association for infant mental health ". archived from the original on 30 january 2009.
obedience orientation, children in this phase of moral development only accept what an authority says as " good " and anything that goes against this authority as " bad " because they may be punished if they go against the authority. however, not all of the children lied just because their parents, an authority figure, told them to. the findings validate some portions of his work but show that not all portions of it are applicable to the moral development of children. the findings also showed that children much younger than 10 can follow ( and deviate ) from kohlberg's model of moral development. = = see also = = lawrence kohlberg's stages of moral development piaget's theory of cognitive development child development stages ethics hoax social psychology evolutionary psychology developmental psychology pathological lying = = references = =
the mature minor doctrine is a rule of law found in the united states and canada accepting that an unemancipated minor patient may possess the maturity to choose or reject a particular health care treatment, sometimes without the knowledge or agreement of parents, and should be permitted to do so. it is now generally considered a form of patients rights ; formerly, the mature minor rule was largely seen as protecting health care providers from criminal and civil claims by parents of minors at least 15 years old. jurisdictions may codify an age of medical consent, accept the judgment of licensed providers regarding an individual minor, or accept a formal court decision following a request that a patient be designated a mature minor, or may rely on some combination. for example, patients at least 16 may be assumed to be mature minors for this purpose, patients aged 13 to 15 may be designated so by licensed providers, and pre - teen patients may be so - designated after evaluation by an agency or court. the mature minor doctrine is sometimes connected with enforcing confidentiality of minor patients from their parents. = = statute = = in the united states, a typical statute lists : " who may consent [ or withhold consent for ] surgical or medical treatment or procedures. " "... any unemancipated minor of sufficient intelligence to understand and appreciate the consequences of the proposed surgical or medical treatment or procedures, for himself. " = = medical emancipation = = by definition, a " mature minor " has been found to have the capacity for decisional autonomy, or the right to make decisions including whether to undergo risky but potentially life - saving medical decisions alone, without parental approval. by contrast, " medical emancipation " formally releases children from some parental involvement requirements but does not necessarily grant that decision making to children themselves. pursuant to statute, several jurisdictions grant medical emancipation to a minor who has become pregnant or requires sexual - health services, thereby permitting medical treatment without parental consent and, often, confidentiality from parents. a limited guardianship may be appointed to make medical decisions for the medically emancipated minor and the minor may not be permitted to refuse or even choose treatment. = = history = = one significant early u. s. case, smith v. seibly, 72 wn. 2d 16, 431 p. 2d 719 ( 1967 ), before the washington supreme court, establishes precedent on the mature minor doctrine. the plaintiff, albert g. smith, an 18 - year - old married father, was suffering from myasthenia gravis, a progressive
Answer:
|
not liable, because parents cannot be held liable for the tort of a child
| 0.3 |
Dave is a six-year-old boy who has a well-deserved reputation for bullying younger and smaller children. His parents have encouraged him to be aggressive and tough. Dave, for no reason, knocked down, kicked, and severely injured Pete, a four-year-old boy. A claim for relief has been asserted by Pete's parents for their medical and hospital costs and for Pete's injuries.If the claim is asserted against Dave, the most likely result is that Dave will be
0. liable, because he intentionally harmed Pete.
1. liable, because, as a six-year-old, he should have known that his conduct was wrongful.
2. not liable, because a child under seven is not liable in tort.
3. not liable, because he is presumed to be under his parents' control and they have the sole responsibility
public liability is part of the law of tort which focuses on civil wrongs. an applicant ( the injured party ) usually sues the respondent ( the owner or occupier ) under common law based on negligence and / or damages. claims are usually successful when it can be shown that the owner / occupier was responsible for an injury, therefore they breached their duty of care. the duty of care is very complex, but in basic terms it is the standard by which one would expect to be treated whilst one is in the care of another. once a breach of duty of care has been established, an action brought in a common law court would most likely be successful. based on the injuries and the losses of the applicant, the court would award a financial compensation package. = = the law of insurance and public liability = = in the course of managing any property, one is obligated to comply with laws and statutes administered by government and municipal bodies. these bodies impose various liabilities, of which the property owner / manager should be aware. the most common examples of statute liability are in areas where an individual is required by law to effect insurance, e. g., workers'compensation and motor vehicle compulsory third party. property, hotel, and operations managers should become familiar with the various types of contracts involved in commercial and retail activities. these cover a wide field, but the more significant contracts are : the head lease or the management agreements tenancy and casual leasing agreements contracts with independent contractors for cleaning, lift and escalator maintenance, air conditioning and fire protection maintenance, etc. the major contractual liability from an insurance viewpoint is undoubtedly found in head lease and management agreements. these require the manager or head lessee to fully maintain, repair and replace the property, if damaged, until expiration of the agreement or lease. furthermore, the contracts usually require an indemnity to the owner against liabilities imposed upon the business for injuries and property damage arising out of the use, occupation, or management of the property. every contract contains covenants imposing responsibilities on one or other of the parties. these should be carefully examined to ensure they are not unduly onerous. a city even could be liable for damage to vehicles or injuries to a person, if they have not maintained the streets and the sidewalks well. = = degrees of duty of care = = owner / occupiers are required to provide a certain level of care. the duty of care is not the same for all people. it is dependent on a number
public liability is part of the law of tort which focuses on civil wrongs. an applicant ( the injured party ) usually sues the respondent ( the owner or occupier ) under common law based on negligence and / or damages. claims are usually successful when it can be shown that the owner / occupier was responsible for an injury, therefore they breached their duty of care. the duty of care is very complex, but in basic terms it is the standard by which one would expect to be treated whilst one is in the care of another. once a breach of duty of care has been established, an action brought in a common law court would most likely be successful. based on the injuries and the losses of the applicant, the court would award a financial compensation package. = = the law of insurance and public liability = = in the course of managing any property, one is obligated to comply with laws and statutes administered by government and municipal bodies. these bodies impose various liabilities, of which the property owner / manager should be aware. the most common examples of statute liability are in areas where an individual is required by law to effect insurance, e. g., workers'compensation and motor vehicle compulsory third party. property, hotel, and operations managers should become familiar with the various types of contracts involved in commercial and retail activities. these cover a wide field, but the more significant contracts are : the head lease or the management agreements tenancy and casual leasing agreements contracts with independent contractors for cleaning, lift and escalator maintenance, air conditioning and fire protection maintenance, etc. the major contractual liability from an insurance viewpoint is undoubtedly found in head lease and management agreements. these require the manager or head lessee to fully maintain, repair and replace the property, if damaged, until expiration of the agreement or lease. furthermore, the contracts usually require an indemnity to the owner against liabilities imposed upon the business for injuries and property damage arising out of the use, occupation, or management of the property. every contract contains covenants imposing responsibilities on one or other of the parties. these should be carefully examined to ensure they are not unduly onerous. a city even could be liable for damage to vehicles or injuries to a person, if they have not maintained the streets and the sidewalks well. = = degrees of duty of care = = owner / occupiers are required to provide a certain level of care. the duty of care is not the same for all people. it is dependent on a number
if a boy watches his father physically harm his mother, instead of expressing his emotions through words, the boy is more likely to do the same towards his mum or a future partner, without knowing why he is hitting them. his theory identifies four cognitive factors ( attention, retention, production, and motivation ) that must be present for imitation of behavior ( such as acting out ) to take place. = = = coercive family process = = = expanding on bandura β s social learning theory, is the theory of the coercive family process introduced by gerald patterson. coercive cycles are interactions between parents and children that escalate in intensity and reinforce negative behavior. the child threatens to attack ( verbally or physically ) ; however, if the parent complies, they immediately terminate their attack. for example, a mother is shouting at her son, telling him to clean his room. he resists, shouting and screaming, due to his behavior the mother complies, and ends up cleaning his room for him, and the child stops screaming. the child learns that throwing a tantrum will remove the unpleasant consequence of having to clean his room. similarly, the mother learns that giving up will remove the unpleasant consequence of her son β s tantrum. both the mother and son are unintentionally rewarded for their behavior, an example of negative reinforcement. = = in analysis = = freud considered that patients in analysis tended to act out their conflicts in preference to remembering them β repetition compulsion. the analytic task was then to help " the patient who does not remember anything of what he has forgotten and repressed, but acts it out " to replace present activity by past memory. otto fenichel added that acting out in an analytic setting potentially offered valuable insights to the therapist ; but was nonetheless a psychological resistance in as much as it deals only with the present at the expense of concealing the underlying influence of the past. lacan also spoke of " the corrective value of acting out ", though others qualified this with the proviso that such acting out must be limited in the extent of its destructive / self - destructiveness. annie reich pointed out that the analyst may use the patient by acting out in an indirect countertransference, for example to win the approval of a supervisor. = = interpretations = = the interpretation of a person's acting out and an observer's response varies considerably, with context and subject usually setting audience expectations. = = = in parenting = = = early years, temper tantrums can
obedience orientation, children in this phase of moral development only accept what an authority says as " good " and anything that goes against this authority as " bad " because they may be punished if they go against the authority. however, not all of the children lied just because their parents, an authority figure, told them to. the findings validate some portions of his work but show that not all portions of it are applicable to the moral development of children. the findings also showed that children much younger than 10 can follow ( and deviate ) from kohlberg's model of moral development. = = see also = = lawrence kohlberg's stages of moral development piaget's theory of cognitive development child development stages ethics hoax social psychology evolutionary psychology developmental psychology pathological lying = = references = =
exists, the young person β s views ought to be respected. " a " dissenting " opinion by justice ian binnie would have gone further : " at common law, proof of capacity entitles the'mature minor'to exercise personal autonomy in making medical treatment decisions free of parental or judicial control.... [ a ] young person with capacity is entitled to make the treatment decision, not just to have'input'into a judge β s consideration of what the judge believes to be the young person's best interests. " analysts note that the canadian decision merely requires that younger patients be permitted a hearing, and still allows a judge to " decide whether or not to order a medical procedure on an unwilling minor ". = = see also = = emancipation of minors marion's case ( australia ) gillick competence ( uk ) age of consent age of majority = = references = =
Answer:
|
liable, because he intentionally harmed Pete.
| null |
Dave is a six-year-old boy who has a well-deserved reputation for bullying younger and smaller children. His parents have encouraged him to be aggressive and tough. Dave, for no reason, knocked down, kicked, and severely injured Pete, a four-year-old boy. A claim for relief has been asserted by Pete's parents for their medical and hospital costs and for Pete's injuries.If the claim is asserted against Dave, the most likely result is that Dave will be
0. liable, because he intentionally harmed Pete.
1. liable, because, as a six-year-old, he should have known that his conduct was wrongful.
2. not liable, because a child under seven is not liable in tort.
3. not liable, because he is presumed to be under his parents' control and they have the sole responsibility
public liability is part of the law of tort which focuses on civil wrongs. an applicant ( the injured party ) usually sues the respondent ( the owner or occupier ) under common law based on negligence and / or damages. claims are usually successful when it can be shown that the owner / occupier was responsible for an injury, therefore they breached their duty of care. the duty of care is very complex, but in basic terms it is the standard by which one would expect to be treated whilst one is in the care of another. once a breach of duty of care has been established, an action brought in a common law court would most likely be successful. based on the injuries and the losses of the applicant, the court would award a financial compensation package. = = the law of insurance and public liability = = in the course of managing any property, one is obligated to comply with laws and statutes administered by government and municipal bodies. these bodies impose various liabilities, of which the property owner / manager should be aware. the most common examples of statute liability are in areas where an individual is required by law to effect insurance, e. g., workers'compensation and motor vehicle compulsory third party. property, hotel, and operations managers should become familiar with the various types of contracts involved in commercial and retail activities. these cover a wide field, but the more significant contracts are : the head lease or the management agreements tenancy and casual leasing agreements contracts with independent contractors for cleaning, lift and escalator maintenance, air conditioning and fire protection maintenance, etc. the major contractual liability from an insurance viewpoint is undoubtedly found in head lease and management agreements. these require the manager or head lessee to fully maintain, repair and replace the property, if damaged, until expiration of the agreement or lease. furthermore, the contracts usually require an indemnity to the owner against liabilities imposed upon the business for injuries and property damage arising out of the use, occupation, or management of the property. every contract contains covenants imposing responsibilities on one or other of the parties. these should be carefully examined to ensure they are not unduly onerous. a city even could be liable for damage to vehicles or injuries to a person, if they have not maintained the streets and the sidewalks well. = = degrees of duty of care = = owner / occupiers are required to provide a certain level of care. the duty of care is not the same for all people. it is dependent on a number
public liability is part of the law of tort which focuses on civil wrongs. an applicant ( the injured party ) usually sues the respondent ( the owner or occupier ) under common law based on negligence and / or damages. claims are usually successful when it can be shown that the owner / occupier was responsible for an injury, therefore they breached their duty of care. the duty of care is very complex, but in basic terms it is the standard by which one would expect to be treated whilst one is in the care of another. once a breach of duty of care has been established, an action brought in a common law court would most likely be successful. based on the injuries and the losses of the applicant, the court would award a financial compensation package. = = the law of insurance and public liability = = in the course of managing any property, one is obligated to comply with laws and statutes administered by government and municipal bodies. these bodies impose various liabilities, of which the property owner / manager should be aware. the most common examples of statute liability are in areas where an individual is required by law to effect insurance, e. g., workers'compensation and motor vehicle compulsory third party. property, hotel, and operations managers should become familiar with the various types of contracts involved in commercial and retail activities. these cover a wide field, but the more significant contracts are : the head lease or the management agreements tenancy and casual leasing agreements contracts with independent contractors for cleaning, lift and escalator maintenance, air conditioning and fire protection maintenance, etc. the major contractual liability from an insurance viewpoint is undoubtedly found in head lease and management agreements. these require the manager or head lessee to fully maintain, repair and replace the property, if damaged, until expiration of the agreement or lease. furthermore, the contracts usually require an indemnity to the owner against liabilities imposed upon the business for injuries and property damage arising out of the use, occupation, or management of the property. every contract contains covenants imposing responsibilities on one or other of the parties. these should be carefully examined to ensure they are not unduly onerous. a city even could be liable for damage to vehicles or injuries to a person, if they have not maintained the streets and the sidewalks well. = = degrees of duty of care = = owner / occupiers are required to provide a certain level of care. the duty of care is not the same for all people. it is dependent on a number
if a boy watches his father physically harm his mother, instead of expressing his emotions through words, the boy is more likely to do the same towards his mum or a future partner, without knowing why he is hitting them. his theory identifies four cognitive factors ( attention, retention, production, and motivation ) that must be present for imitation of behavior ( such as acting out ) to take place. = = = coercive family process = = = expanding on bandura β s social learning theory, is the theory of the coercive family process introduced by gerald patterson. coercive cycles are interactions between parents and children that escalate in intensity and reinforce negative behavior. the child threatens to attack ( verbally or physically ) ; however, if the parent complies, they immediately terminate their attack. for example, a mother is shouting at her son, telling him to clean his room. he resists, shouting and screaming, due to his behavior the mother complies, and ends up cleaning his room for him, and the child stops screaming. the child learns that throwing a tantrum will remove the unpleasant consequence of having to clean his room. similarly, the mother learns that giving up will remove the unpleasant consequence of her son β s tantrum. both the mother and son are unintentionally rewarded for their behavior, an example of negative reinforcement. = = in analysis = = freud considered that patients in analysis tended to act out their conflicts in preference to remembering them β repetition compulsion. the analytic task was then to help " the patient who does not remember anything of what he has forgotten and repressed, but acts it out " to replace present activity by past memory. otto fenichel added that acting out in an analytic setting potentially offered valuable insights to the therapist ; but was nonetheless a psychological resistance in as much as it deals only with the present at the expense of concealing the underlying influence of the past. lacan also spoke of " the corrective value of acting out ", though others qualified this with the proviso that such acting out must be limited in the extent of its destructive / self - destructiveness. annie reich pointed out that the analyst may use the patient by acting out in an indirect countertransference, for example to win the approval of a supervisor. = = interpretations = = the interpretation of a person's acting out and an observer's response varies considerably, with context and subject usually setting audience expectations. = = = in parenting = = = early years, temper tantrums can
obedience orientation, children in this phase of moral development only accept what an authority says as " good " and anything that goes against this authority as " bad " because they may be punished if they go against the authority. however, not all of the children lied just because their parents, an authority figure, told them to. the findings validate some portions of his work but show that not all portions of it are applicable to the moral development of children. the findings also showed that children much younger than 10 can follow ( and deviate ) from kohlberg's model of moral development. = = see also = = lawrence kohlberg's stages of moral development piaget's theory of cognitive development child development stages ethics hoax social psychology evolutionary psychology developmental psychology pathological lying = = references = =
exists, the young person β s views ought to be respected. " a " dissenting " opinion by justice ian binnie would have gone further : " at common law, proof of capacity entitles the'mature minor'to exercise personal autonomy in making medical treatment decisions free of parental or judicial control.... [ a ] young person with capacity is entitled to make the treatment decision, not just to have'input'into a judge β s consideration of what the judge believes to be the young person's best interests. " analysts note that the canadian decision merely requires that younger patients be permitted a hearing, and still allows a judge to " decide whether or not to order a medical procedure on an unwilling minor ". = = see also = = emancipation of minors marion's case ( australia ) gillick competence ( uk ) age of consent age of majority = = references = =
Answer:
|
liable, because, as a six-year-old, he should have known that his conduct was wrongful.
| 0.3 |
On March 1, Green and Brown orally agreed that Brown would erect a boathouse on Green's lot and would dig a channel from the boathouse across Clark's lot to a lake. Clark had already orally agreed with Green to permit the digging of the channel across Clark's lot. Brown agreed to begin work on the boathouse on March 15, and to complete all the work before June 1. The total price of $10,000 was to be paid by Green in three installments: $2,500 on March 15, $2,500 when the boathouse was completed, and $5,000 when Brown finished the digging of the channel."Assume that Green tendered the $2,500 on March 15, and that Brown refused to accept it or to perform. In an action by Green against Brown for breach of contract, which of the following can Brown successfully use as a defense? I. The Clark-Green agreement permitting the digging of the channel across Clark's lot was not in writing. II. The Green-Brown agreement was not in writing.
0. I only
1. II only
2. Both I and II
3. Neither I nor II
shut. despite all his efforts boswell failed for, no matter what he did, he could never get his chests flush with bed of the channel. a further tender was invited, which was won by captain perry. a lone wolf, he had been court - martialled and jailed for surrendering his ship too easily to the french, but afterwards pardoned. perry agreed to fix the breach for Β£25, 000. he adopted two simultaneous principles : he would close the channel by driving a row of piles into its bed to create a dam. formed with dovetails ( as in image 2 ), the piles would interfit, hence be watertight. to reduce the water pressure on them, the piles would be no taller than was required to close the channel at neap tides. hence there would be time to rebuild the clay river wall before the next spring tide. but, to further reduce the water pressure his pile dam would have to bear, perry would make extra apertures through the river wall. fitted with sluices, they would allow the tide to continue to ebb and flow, finally being closed only when dagenham breach had been plugged. beset with difficulties, including suppliers who sold him defective clay, a nightwatchman who failed to warn him about an extra - high tide, strikes, and cashflow problems, perry eventually succeeded, finally plugging the gap on 18 june 1719. he got his success fee, but he was a ruined man. parliament voted him an extra reward. the lake remained, as did captain perry's house, called dagenham beach house. it was popular with anglers. cabinet ministers went there annually for fish dinners. later, the lake was made into dagenham dock. the ford motor company built its dagenham works to take advantage of it. parts of it remain to this day. = = = the erith explosion = = = early in the morning of 1 october 1864 a blast was heard all over london and up to 100 miles away. a gunpowder barge moored near erith, kent had ignited, setting off two landward powder magazines : the resulting chain explosion consumed 46 1β2 tons of gunpowder and blew the river wall into the thames. fortunately it was low tide, but lewis moore, an engineer who chanced to live nearby, realised the gap must be plugged before the tide rose β high water was due at 1 : 30 p. m. a calamity was impending, worse than poplar gut or dagenham breach, for
attention and funds were diverted owing to the civil war and reconstruction. not until after 1877 did attention return to the everglades. = = = hamilton disston's canals = = = after the civil war, an agency named the internal improvement fund ( iif ), charged with using grant money to improve florida's infrastructure through canals, rail lines, and roads, was eager to be rid of the debt incurred by the civil war. iif trustees found a pennsylvania real estate developer named hamilton disston who was interested in implementing plans to drain the land for agriculture. disston was persuaded to buy 4, 000, 000 acres ( 16, 000 km2 ) of land for $ 1 million in 1881 ( $ 32. 6 million in 2024 ). the new york times declared it the largest purchase of land ever by any individual. disston began building canals near st. cloud to lower the basin of the caloosahatchee and kissimmee rivers. his workers and engineers faced conditions similar to those of the soldiers during the seminole wars ; it was harrowing, backbreaking labor in dangerous conditions. the canals seemed at first to work in lowering the water levels in the wetlands surrounding the rivers. another dredged waterway between the gulf of mexico and lake okeechobee was built, opening the region to steamboat traffic. disston's engineers focused on lake okeechobee as well. as one colleague put it, " okeechobee is the point to attack " ; the canals were to be " equal or greater than the inflow from the kissimmee valley, which is the source of all the evil. " disston sponsored the digging of a canal 11 miles ( 18 km ) long from lake okeechobee towards miami, but it was abandoned when the rock proved denser than the engineers had expected. though the canals lowered the groundwater, their capacity was inadequate for the wet season. a report that evaluated the failure of the project concluded : " the reduction of the waters is simply a question of sufficient capacity in the canals which may be dug for their relief ". though disston's canals did not drain, his purchase primed the economy of florida. it made news and attracted tourists and land buyers alike. within four years property values doubled, and the population increased significantly. one newcomer was the inventor thomas edison, who bought a home in fort myers. disston opened real estate offices throughout the united states and europe, and sold tracts of land
new deal. legal experts have questioned the legality of this executive order, and express concern regarding the environmental implications of the acceleration of fracking. for example, andres restrepo, senior attorney of the sierra club, has stated his concern that β a huge amount of the work that has been spent to protect the public health and welfare will be erased. β there is uncertainty regarding the practical implementation of β unleashing american energy, β especially in terms of the consequences this may have on the green new deal and related policy proposals. = = see also = = = = references = = = = further reading = = aronoff, kate ( 2019 ). a planet to win : why we need a green new deal. alyssa battistoni, daniel aldana cohen, thea n. riofrancos, naomi klein. london. isbn 978 - 1 - 78873 - 831 - 6. oclc 1126186838. { { cite book } } : cs1 maint : location missing publisher ( link ) online bloomfield, jon, and fred steward. " the politics of the green new deal. " political quarterly 91. 4 ( 2020 ) : 770 - 779 online carmack, meagan, nives dolsak, and aseem prakash. " electoral appeal of climate policies : the green new deal and the 2020 us house of representatives elections. " plos climate 1. 6 ( 2022 ) : e0000043. online chohan, usman w. a green new deal : discursive review and appraisal ( march 3, 2019 ). https : / / ssrn. com / abstract = 3347494 chomsky, noam ( 2020 ). climate crisis and the global green new deal : the political economy of saving the planet. robert pollin, chronis polychroniou. london. isbn 978 - 1 - 78873 - 985 - 6. oclc 1156445770. { { cite book } } : cs1 maint : location missing publisher ( link ) galvin, ray, and noel healy. " the green new deal in the united states : what it is and how to pay for it. " energy research & social science 67 ( 2020 ) : 101529. online green, jeremy. " greening keynes? productivist lineages of the green new deal. " the anthropocene review 9. 3 ( 2022 ) : 324 - 343. online hockett
in 1991 and to harmonize it with section 1981 jurisprudence, as a result of a series of controversial supreme court decisions : patterson v. mclean credit union, 491 u. s. 164 ( 1989 ), which held that an employee could not sue for damages caused by racial harassment on the job because even if the employer's conduct were discriminatory, the employer had not denied the employee the " same right... to make and enforce contracts... as is enjoyed by white citizens, " the language that congress chose in passing the law in 1866. wards cove packing co. v. atonio, 490 u. s. 642 ( 1989 ), which made it more difficult for employees of wards cove packing company to prove that an employer's personnel practices, neutral on their face, had an unlawful disparate impact on them by requiring that they identify the particular policy or requirement that allegedly produced inequalities in the workplace and show that it, in isolation, had that effect. price waterhouse v. hopkins, 490 u. s. 228 ( 1989 ), which held that the burden of proof shifted, once an employee had proved that an unlawful consideration had played a part in the employer's personnel decision, to the employer to prove that it would have made the same decision if it had not been motivated by that unlawful factor, but such proof by the employer would constitute a complete defense for the employer. martin v. wilks, 490 u. s. 755 ( 1989 ), which permitted white firefighters who had not been party to the litigation, establishing a consent decree governing hiring and promotion of black firefighters in the birmingham, alabama, fire department, to bring suit to challenge the decree. united automobile workers v. johnson controls, inc., 499 u. s. 187 ( 1991 ), which held that title vii prohibits gender - specific fetal protection policies. = = changes = = patterson had attracted much criticism since it appeared to leave employees victimized by racial harassment on the job with no effective remedies, as they could not prove a violation of section 1981 and could rarely show any wage losses that they could recover under title vii. in addition, the court's narrow reading of the phrase " make or enforce contracts " eliminated any liability under section 1981 for lost promotions and most other personnel decisions that did not constitute a refusal to hire on the basis of race or color. congress addressed the issue by redefining the phrase " make and enforce contracts " to include " the making, performance, modification
and william edwards carlin. the two men claimed they had found large numbers of fossils in como bluff, and warned that there were others in the area " looking for such things ", which marsh took to mean cope. williston, who had just wearily arrived in kansas after the collapse of the morrison mine, was quickly dispatched to como bluff by marsh. his former student sent back a message, confirming the large quantities of bones and that it was cope's men snooping around the area. wary of repeating the same mistakes he had made with lakes, marsh quickly sent money to the two new bone hunters and urged them to send additional fossils. williston struck a preliminary bargain with carlin and reed ( who had been unable to cash marsh's check due to it being made out to their pseudonyms ), but carlin decided he would head to new haven to deal with marsh directly. marsh drew up a contract calling for a set monthly fee, with additional cash bonuses to carlin and reed possible, depending on the importance of the finds. marsh also reserved the right to send his own " superintendents " to supervise the digging if needed and advised the men to try to keep cope out of the region. despite a face - to - face meeting, carlin failed to negotiate better terms from marsh. the paleontologist procured carlin's and reed's services, but seeds of resentment were sown as the bone hunters felt marsh had bullied them into the deal. marsh's investment in the como bluff region soon produced rich results. while marsh's own collectors headed east for the winter, reed sent carloads of bones by rail to marsh throughout 1877. marsh described and named dinosaurs such as stegosaurus, allosaurus, and apatosaurus in the december 1877 issue of the american journal of science. despite marsh's precautions against alerting his rival to como bluff's rich bone beds, word of the discoveries rapidly spread. this was at least partly due to carlin and reed helping spread the rumors. they leaked information to the laramie daily sentinel, which published an article about the finds in april 1878 that exaggerated the price marsh had paid for the bones, possibly to raise prices and demand for more bones. marsh, attempting to cover the leak, learned from williston that carlin and reed had been visited by a man ostensibly working for cope by the name of " haines ". after learning of the como bluff discoveries, cope sent " dinosaur rustlers " to the area in an attempt to quietly steal
Answer:
|
Neither I nor II
| null |
On March 1, Green and Brown orally agreed that Brown would erect a boathouse on Green's lot and would dig a channel from the boathouse across Clark's lot to a lake. Clark had already orally agreed with Green to permit the digging of the channel across Clark's lot. Brown agreed to begin work on the boathouse on March 15, and to complete all the work before June 1. The total price of $10,000 was to be paid by Green in three installments: $2,500 on March 15, $2,500 when the boathouse was completed, and $5,000 when Brown finished the digging of the channel."Assume that Green tendered the $2,500 on March 15, and that Brown refused to accept it or to perform. In an action by Green against Brown for breach of contract, which of the following can Brown successfully use as a defense? I. The Clark-Green agreement permitting the digging of the channel across Clark's lot was not in writing. II. The Green-Brown agreement was not in writing.
0. I only
1. II only
2. Both I and II
3. Neither I nor II
shut. despite all his efforts boswell failed for, no matter what he did, he could never get his chests flush with bed of the channel. a further tender was invited, which was won by captain perry. a lone wolf, he had been court - martialled and jailed for surrendering his ship too easily to the french, but afterwards pardoned. perry agreed to fix the breach for Β£25, 000. he adopted two simultaneous principles : he would close the channel by driving a row of piles into its bed to create a dam. formed with dovetails ( as in image 2 ), the piles would interfit, hence be watertight. to reduce the water pressure on them, the piles would be no taller than was required to close the channel at neap tides. hence there would be time to rebuild the clay river wall before the next spring tide. but, to further reduce the water pressure his pile dam would have to bear, perry would make extra apertures through the river wall. fitted with sluices, they would allow the tide to continue to ebb and flow, finally being closed only when dagenham breach had been plugged. beset with difficulties, including suppliers who sold him defective clay, a nightwatchman who failed to warn him about an extra - high tide, strikes, and cashflow problems, perry eventually succeeded, finally plugging the gap on 18 june 1719. he got his success fee, but he was a ruined man. parliament voted him an extra reward. the lake remained, as did captain perry's house, called dagenham beach house. it was popular with anglers. cabinet ministers went there annually for fish dinners. later, the lake was made into dagenham dock. the ford motor company built its dagenham works to take advantage of it. parts of it remain to this day. = = = the erith explosion = = = early in the morning of 1 october 1864 a blast was heard all over london and up to 100 miles away. a gunpowder barge moored near erith, kent had ignited, setting off two landward powder magazines : the resulting chain explosion consumed 46 1β2 tons of gunpowder and blew the river wall into the thames. fortunately it was low tide, but lewis moore, an engineer who chanced to live nearby, realised the gap must be plugged before the tide rose β high water was due at 1 : 30 p. m. a calamity was impending, worse than poplar gut or dagenham breach, for
attention and funds were diverted owing to the civil war and reconstruction. not until after 1877 did attention return to the everglades. = = = hamilton disston's canals = = = after the civil war, an agency named the internal improvement fund ( iif ), charged with using grant money to improve florida's infrastructure through canals, rail lines, and roads, was eager to be rid of the debt incurred by the civil war. iif trustees found a pennsylvania real estate developer named hamilton disston who was interested in implementing plans to drain the land for agriculture. disston was persuaded to buy 4, 000, 000 acres ( 16, 000 km2 ) of land for $ 1 million in 1881 ( $ 32. 6 million in 2024 ). the new york times declared it the largest purchase of land ever by any individual. disston began building canals near st. cloud to lower the basin of the caloosahatchee and kissimmee rivers. his workers and engineers faced conditions similar to those of the soldiers during the seminole wars ; it was harrowing, backbreaking labor in dangerous conditions. the canals seemed at first to work in lowering the water levels in the wetlands surrounding the rivers. another dredged waterway between the gulf of mexico and lake okeechobee was built, opening the region to steamboat traffic. disston's engineers focused on lake okeechobee as well. as one colleague put it, " okeechobee is the point to attack " ; the canals were to be " equal or greater than the inflow from the kissimmee valley, which is the source of all the evil. " disston sponsored the digging of a canal 11 miles ( 18 km ) long from lake okeechobee towards miami, but it was abandoned when the rock proved denser than the engineers had expected. though the canals lowered the groundwater, their capacity was inadequate for the wet season. a report that evaluated the failure of the project concluded : " the reduction of the waters is simply a question of sufficient capacity in the canals which may be dug for their relief ". though disston's canals did not drain, his purchase primed the economy of florida. it made news and attracted tourists and land buyers alike. within four years property values doubled, and the population increased significantly. one newcomer was the inventor thomas edison, who bought a home in fort myers. disston opened real estate offices throughout the united states and europe, and sold tracts of land
new deal. legal experts have questioned the legality of this executive order, and express concern regarding the environmental implications of the acceleration of fracking. for example, andres restrepo, senior attorney of the sierra club, has stated his concern that β a huge amount of the work that has been spent to protect the public health and welfare will be erased. β there is uncertainty regarding the practical implementation of β unleashing american energy, β especially in terms of the consequences this may have on the green new deal and related policy proposals. = = see also = = = = references = = = = further reading = = aronoff, kate ( 2019 ). a planet to win : why we need a green new deal. alyssa battistoni, daniel aldana cohen, thea n. riofrancos, naomi klein. london. isbn 978 - 1 - 78873 - 831 - 6. oclc 1126186838. { { cite book } } : cs1 maint : location missing publisher ( link ) online bloomfield, jon, and fred steward. " the politics of the green new deal. " political quarterly 91. 4 ( 2020 ) : 770 - 779 online carmack, meagan, nives dolsak, and aseem prakash. " electoral appeal of climate policies : the green new deal and the 2020 us house of representatives elections. " plos climate 1. 6 ( 2022 ) : e0000043. online chohan, usman w. a green new deal : discursive review and appraisal ( march 3, 2019 ). https : / / ssrn. com / abstract = 3347494 chomsky, noam ( 2020 ). climate crisis and the global green new deal : the political economy of saving the planet. robert pollin, chronis polychroniou. london. isbn 978 - 1 - 78873 - 985 - 6. oclc 1156445770. { { cite book } } : cs1 maint : location missing publisher ( link ) galvin, ray, and noel healy. " the green new deal in the united states : what it is and how to pay for it. " energy research & social science 67 ( 2020 ) : 101529. online green, jeremy. " greening keynes? productivist lineages of the green new deal. " the anthropocene review 9. 3 ( 2022 ) : 324 - 343. online hockett
in 1991 and to harmonize it with section 1981 jurisprudence, as a result of a series of controversial supreme court decisions : patterson v. mclean credit union, 491 u. s. 164 ( 1989 ), which held that an employee could not sue for damages caused by racial harassment on the job because even if the employer's conduct were discriminatory, the employer had not denied the employee the " same right... to make and enforce contracts... as is enjoyed by white citizens, " the language that congress chose in passing the law in 1866. wards cove packing co. v. atonio, 490 u. s. 642 ( 1989 ), which made it more difficult for employees of wards cove packing company to prove that an employer's personnel practices, neutral on their face, had an unlawful disparate impact on them by requiring that they identify the particular policy or requirement that allegedly produced inequalities in the workplace and show that it, in isolation, had that effect. price waterhouse v. hopkins, 490 u. s. 228 ( 1989 ), which held that the burden of proof shifted, once an employee had proved that an unlawful consideration had played a part in the employer's personnel decision, to the employer to prove that it would have made the same decision if it had not been motivated by that unlawful factor, but such proof by the employer would constitute a complete defense for the employer. martin v. wilks, 490 u. s. 755 ( 1989 ), which permitted white firefighters who had not been party to the litigation, establishing a consent decree governing hiring and promotion of black firefighters in the birmingham, alabama, fire department, to bring suit to challenge the decree. united automobile workers v. johnson controls, inc., 499 u. s. 187 ( 1991 ), which held that title vii prohibits gender - specific fetal protection policies. = = changes = = patterson had attracted much criticism since it appeared to leave employees victimized by racial harassment on the job with no effective remedies, as they could not prove a violation of section 1981 and could rarely show any wage losses that they could recover under title vii. in addition, the court's narrow reading of the phrase " make or enforce contracts " eliminated any liability under section 1981 for lost promotions and most other personnel decisions that did not constitute a refusal to hire on the basis of race or color. congress addressed the issue by redefining the phrase " make and enforce contracts " to include " the making, performance, modification
and william edwards carlin. the two men claimed they had found large numbers of fossils in como bluff, and warned that there were others in the area " looking for such things ", which marsh took to mean cope. williston, who had just wearily arrived in kansas after the collapse of the morrison mine, was quickly dispatched to como bluff by marsh. his former student sent back a message, confirming the large quantities of bones and that it was cope's men snooping around the area. wary of repeating the same mistakes he had made with lakes, marsh quickly sent money to the two new bone hunters and urged them to send additional fossils. williston struck a preliminary bargain with carlin and reed ( who had been unable to cash marsh's check due to it being made out to their pseudonyms ), but carlin decided he would head to new haven to deal with marsh directly. marsh drew up a contract calling for a set monthly fee, with additional cash bonuses to carlin and reed possible, depending on the importance of the finds. marsh also reserved the right to send his own " superintendents " to supervise the digging if needed and advised the men to try to keep cope out of the region. despite a face - to - face meeting, carlin failed to negotiate better terms from marsh. the paleontologist procured carlin's and reed's services, but seeds of resentment were sown as the bone hunters felt marsh had bullied them into the deal. marsh's investment in the como bluff region soon produced rich results. while marsh's own collectors headed east for the winter, reed sent carloads of bones by rail to marsh throughout 1877. marsh described and named dinosaurs such as stegosaurus, allosaurus, and apatosaurus in the december 1877 issue of the american journal of science. despite marsh's precautions against alerting his rival to como bluff's rich bone beds, word of the discoveries rapidly spread. this was at least partly due to carlin and reed helping spread the rumors. they leaked information to the laramie daily sentinel, which published an article about the finds in april 1878 that exaggerated the price marsh had paid for the bones, possibly to raise prices and demand for more bones. marsh, attempting to cover the leak, learned from williston that carlin and reed had been visited by a man ostensibly working for cope by the name of " haines ". after learning of the como bluff discoveries, cope sent " dinosaur rustlers " to the area in an attempt to quietly steal
Answer:
|
II only
| 0.3 |
On March 1, Green and Brown orally agreed that Brown would erect a boathouse on Green's lot and would dig a channel from the boathouse across Clark's lot to a lake. Clark had already orally agreed with Green to permit the digging of the channel across Clark's lot. Brown agreed to begin work on the boathouse on March 15, and to complete all the work before June 1. The total price of $10,000 was to be paid by Green in three installments: $2,500 on March 15, $2,500 when the boathouse was completed, and $5,000 when Brown finished the digging of the channel."Assume that Green paid the $2,500 on March 15 and that Brown completed the boathouse according to specifications, but that Green then refused to pay the second installment and repudiated the contract. Assume further that the absence of a writing is not raised as a defense. Which of the following is/are correct? I. Brown has a cause of action against Green and his damages will be $2,500. II. Brown can refuse to dig the channel and will not be liable for breach of contract.
0. I only
1. II only
2. Both I and II
3. Neither I nor I
shut. despite all his efforts boswell failed for, no matter what he did, he could never get his chests flush with bed of the channel. a further tender was invited, which was won by captain perry. a lone wolf, he had been court - martialled and jailed for surrendering his ship too easily to the french, but afterwards pardoned. perry agreed to fix the breach for Β£25, 000. he adopted two simultaneous principles : he would close the channel by driving a row of piles into its bed to create a dam. formed with dovetails ( as in image 2 ), the piles would interfit, hence be watertight. to reduce the water pressure on them, the piles would be no taller than was required to close the channel at neap tides. hence there would be time to rebuild the clay river wall before the next spring tide. but, to further reduce the water pressure his pile dam would have to bear, perry would make extra apertures through the river wall. fitted with sluices, they would allow the tide to continue to ebb and flow, finally being closed only when dagenham breach had been plugged. beset with difficulties, including suppliers who sold him defective clay, a nightwatchman who failed to warn him about an extra - high tide, strikes, and cashflow problems, perry eventually succeeded, finally plugging the gap on 18 june 1719. he got his success fee, but he was a ruined man. parliament voted him an extra reward. the lake remained, as did captain perry's house, called dagenham beach house. it was popular with anglers. cabinet ministers went there annually for fish dinners. later, the lake was made into dagenham dock. the ford motor company built its dagenham works to take advantage of it. parts of it remain to this day. = = = the erith explosion = = = early in the morning of 1 october 1864 a blast was heard all over london and up to 100 miles away. a gunpowder barge moored near erith, kent had ignited, setting off two landward powder magazines : the resulting chain explosion consumed 46 1β2 tons of gunpowder and blew the river wall into the thames. fortunately it was low tide, but lewis moore, an engineer who chanced to live nearby, realised the gap must be plugged before the tide rose β high water was due at 1 : 30 p. m. a calamity was impending, worse than poplar gut or dagenham breach, for
in 1991 and to harmonize it with section 1981 jurisprudence, as a result of a series of controversial supreme court decisions : patterson v. mclean credit union, 491 u. s. 164 ( 1989 ), which held that an employee could not sue for damages caused by racial harassment on the job because even if the employer's conduct were discriminatory, the employer had not denied the employee the " same right... to make and enforce contracts... as is enjoyed by white citizens, " the language that congress chose in passing the law in 1866. wards cove packing co. v. atonio, 490 u. s. 642 ( 1989 ), which made it more difficult for employees of wards cove packing company to prove that an employer's personnel practices, neutral on their face, had an unlawful disparate impact on them by requiring that they identify the particular policy or requirement that allegedly produced inequalities in the workplace and show that it, in isolation, had that effect. price waterhouse v. hopkins, 490 u. s. 228 ( 1989 ), which held that the burden of proof shifted, once an employee had proved that an unlawful consideration had played a part in the employer's personnel decision, to the employer to prove that it would have made the same decision if it had not been motivated by that unlawful factor, but such proof by the employer would constitute a complete defense for the employer. martin v. wilks, 490 u. s. 755 ( 1989 ), which permitted white firefighters who had not been party to the litigation, establishing a consent decree governing hiring and promotion of black firefighters in the birmingham, alabama, fire department, to bring suit to challenge the decree. united automobile workers v. johnson controls, inc., 499 u. s. 187 ( 1991 ), which held that title vii prohibits gender - specific fetal protection policies. = = changes = = patterson had attracted much criticism since it appeared to leave employees victimized by racial harassment on the job with no effective remedies, as they could not prove a violation of section 1981 and could rarely show any wage losses that they could recover under title vii. in addition, the court's narrow reading of the phrase " make or enforce contracts " eliminated any liability under section 1981 for lost promotions and most other personnel decisions that did not constitute a refusal to hire on the basis of race or color. congress addressed the issue by redefining the phrase " make and enforce contracts " to include " the making, performance, modification
will attack if firm 1 enters, to discourage firm 1 from entering the market. however, this is a non - credible threat. if firm 1 does decide to enter the market, the action that is in the best interest for firm 2 is to not attack as this leads to a payoff of 6 for the firm, as opposed to the payoff of 3 from attacking. = = = eric van damme's extensive form game = = = eric van damme's extensive form game demonstrates another example of a non - credible threat. in this game, player 1 has the choice of l or r, and if player 1 chooses r, then player 2 has the choice of l or r. player 2 can threaten choosing l with a payoff of ( 0, 0 ) to entice player 1 to choose l with a payoff of ( 2, 2 ), as this is the highest payoff for player 2. however, this is a non - credible threat as, if player 1 does decide to choose r, player 2 will choose r as their payoff is 1 as opposed to l which has a payoff of 0 for player 2. given that action l is not in player 2 β s best interest, their threat to play that is non - credible. = = rationality = = the notion of credibility is contingent on the principle of rationality. a rational player always make decisions that maximise their own utility, however, players are not always rational. therefore, in real world applications, the assumption that all players will be rational and act to maximise their utility is not practical, thus non - credible threats cannot be ignored. = = = experiment using the beard and beil game ( 1994 ) = = = nicolas jacquemet and adam zylbersztejn conducted experiments based on the beard and beil game to investigate whether people act to maximise their payoffs. from the study jacquemet and zylbersztejn found that failure to maximise utility stemmed from two observations : " subjects are not willing to rely on others β self - interested maximization, and self - interested maximization is not ubiquitous. " a key component of the utility maximising strategy in the game was the elimination of non - credible threats, however, the study found that suboptimal payoffs were a direct result of players following through on these non - credible threats. in real world applications, non - credible threats must be considered as there is a high possibility players will not act rationally. =
with regard to the company, which are claimed to be true at both the time of signing and the time of closing. sellers often attempt to craft their representations and warranties with knowledge qualifiers, dictating the level of knowledge applicable and which seller parties'knowledge is relevant. some agreements provide that if the representations and warranties by the seller prove to be false, the buyer may claim a refund of part of the purchase price, as is common in transactions involving privately held companies ( although in most acquisition agreements involving public company targets, the representations and warranties of the seller do not survive the closing ). representations regarding a target company's net working capital are a common source of post - closing disputes. covenants, which govern the conduct of the parties, both before the closing ( such as covenants that restrict the operations of the business between signing and closing ) and after the closing ( such as covenants regarding future income tax filings and tax liability or post - closing restrictions agreed to by the buyer and seller parties ). termination rights, which may be triggered by a breach of contract, a failure to satisfy certain conditions or the passage of a certain period of time without consummating the transaction, and fees and damages payable in case of a termination for certain events ( also known as breakup fees ). provisions relating to obtaining required shareholder approvals under state law and related sec filings required under federal law, if applicable, and terms related to the mechanics of the legal transactions to be consummated at closing ( such as the determination and allocation of the purchase price ) and post - closing adjustments ( such as adjustments after the final determination of working capital at closing or earnout payments payable to the sellers ), repayment of outstanding debt, and the treatment of outstanding shares, options and other equity interests ). an indemnification provision, which provides that an indemnitor will indemnify, defend, and hold harmless the indemnitee ( s ) for losses incurred by the indemnitees as a result of the indemnitor's breach of its contractual obligations in the purchase agreement following the closing of a deal, adjustments may be made to some of the provisions outlined in the purchase agreement, such as the purchase price. these adjustments are subject to enforceability issues in certain situations. alternatively, certain transactions use the'locked box'approach, where the purchase price is fixed at signing and based on the seller's equity value at a pre - signing date and an interest charge. =
party in the renegotiations ). oliver hart and his co - authors argue that the hold - up problem may be mitigated by choosing a suitable ownership structure ex - ante ( according to the incomplete contracting paradigm, more complex contractual arrangements are ruled out ). hence, the property rights approach to the theory of the firm can explain the pros and cons of vertical integration, thus providing a formal answer to important questions regarding the boundaries of the firm that were first raised by ronald coase ( 1937 ). the incomplete contracting approach has been subject of a still ongoing discussion in contract theory. in particular, some authors such as maskin and tirole ( 1999 ) argue that rational parties should be able to solve the hold - up problem with complex contracts, while hart and moore ( 1999 ) point out that these contractual solutions do not work if renegotiation cannot be ruled out. some authors have argued that the pros and cons of vertical integration can sometimes also be explained in complete contracting models. the property rights approach based on incomplete contracting has been criticized by williamson ( 2000 ) because it is focused on ex - ante investment incentives, while it neglects ex - post inefficiencies. it has been pointed out by schmitz ( 2006 ) that the property rights approach can be extended to the case of asymmetric information, which may explain ex - post inefficiencies. the property rights approach has also been extended by chiu ( 1998 ) and demeza and lockwood ( 1998 ), who allow for different ways to model the renegotiations. in a more recent extension, hart and moore ( 2008 ) have argued that contracts may serve as reference points. the theory of incomplete contracts has been successfully applied in various contexts, including privatization, international trade, management of research & development, allocation of formal and real authority, advocacy, and many others. the 2016 nobel prize in economics was awarded to oliver d. hart and bengt holmstrom for their contribution to contract theory, including incomplete contracts. = = in economic theory = = in 1986, grossman and hart ( 1986 ) used incomplete contract theory in their seminal paper on the costs and benefits of vertical integration to answer the question " what is a firm and what determines its boundaries? ". the grossman - hart theory of property rights is the first to explain in a straightforward manner why markets are so important in the context of organizational choice. the advantage of non - integrated markets is that the owners ( entrepreneurs ) can exercise their control,
Answer:
|
II only
| null |
On March 1, Green and Brown orally agreed that Brown would erect a boathouse on Green's lot and would dig a channel from the boathouse across Clark's lot to a lake. Clark had already orally agreed with Green to permit the digging of the channel across Clark's lot. Brown agreed to begin work on the boathouse on March 15, and to complete all the work before June 1. The total price of $10,000 was to be paid by Green in three installments: $2,500 on March 15, $2,500 when the boathouse was completed, and $5,000 when Brown finished the digging of the channel."Assume that Green paid the $2,500 on March 15 and that Brown completed the boathouse according to specifications, but that Green then refused to pay the second installment and repudiated the contract. Assume further that the absence of a writing is not raised as a defense. Which of the following is/are correct? I. Brown has a cause of action against Green and his damages will be $2,500. II. Brown can refuse to dig the channel and will not be liable for breach of contract.
0. I only
1. II only
2. Both I and II
3. Neither I nor I
shut. despite all his efforts boswell failed for, no matter what he did, he could never get his chests flush with bed of the channel. a further tender was invited, which was won by captain perry. a lone wolf, he had been court - martialled and jailed for surrendering his ship too easily to the french, but afterwards pardoned. perry agreed to fix the breach for Β£25, 000. he adopted two simultaneous principles : he would close the channel by driving a row of piles into its bed to create a dam. formed with dovetails ( as in image 2 ), the piles would interfit, hence be watertight. to reduce the water pressure on them, the piles would be no taller than was required to close the channel at neap tides. hence there would be time to rebuild the clay river wall before the next spring tide. but, to further reduce the water pressure his pile dam would have to bear, perry would make extra apertures through the river wall. fitted with sluices, they would allow the tide to continue to ebb and flow, finally being closed only when dagenham breach had been plugged. beset with difficulties, including suppliers who sold him defective clay, a nightwatchman who failed to warn him about an extra - high tide, strikes, and cashflow problems, perry eventually succeeded, finally plugging the gap on 18 june 1719. he got his success fee, but he was a ruined man. parliament voted him an extra reward. the lake remained, as did captain perry's house, called dagenham beach house. it was popular with anglers. cabinet ministers went there annually for fish dinners. later, the lake was made into dagenham dock. the ford motor company built its dagenham works to take advantage of it. parts of it remain to this day. = = = the erith explosion = = = early in the morning of 1 october 1864 a blast was heard all over london and up to 100 miles away. a gunpowder barge moored near erith, kent had ignited, setting off two landward powder magazines : the resulting chain explosion consumed 46 1β2 tons of gunpowder and blew the river wall into the thames. fortunately it was low tide, but lewis moore, an engineer who chanced to live nearby, realised the gap must be plugged before the tide rose β high water was due at 1 : 30 p. m. a calamity was impending, worse than poplar gut or dagenham breach, for
in 1991 and to harmonize it with section 1981 jurisprudence, as a result of a series of controversial supreme court decisions : patterson v. mclean credit union, 491 u. s. 164 ( 1989 ), which held that an employee could not sue for damages caused by racial harassment on the job because even if the employer's conduct were discriminatory, the employer had not denied the employee the " same right... to make and enforce contracts... as is enjoyed by white citizens, " the language that congress chose in passing the law in 1866. wards cove packing co. v. atonio, 490 u. s. 642 ( 1989 ), which made it more difficult for employees of wards cove packing company to prove that an employer's personnel practices, neutral on their face, had an unlawful disparate impact on them by requiring that they identify the particular policy or requirement that allegedly produced inequalities in the workplace and show that it, in isolation, had that effect. price waterhouse v. hopkins, 490 u. s. 228 ( 1989 ), which held that the burden of proof shifted, once an employee had proved that an unlawful consideration had played a part in the employer's personnel decision, to the employer to prove that it would have made the same decision if it had not been motivated by that unlawful factor, but such proof by the employer would constitute a complete defense for the employer. martin v. wilks, 490 u. s. 755 ( 1989 ), which permitted white firefighters who had not been party to the litigation, establishing a consent decree governing hiring and promotion of black firefighters in the birmingham, alabama, fire department, to bring suit to challenge the decree. united automobile workers v. johnson controls, inc., 499 u. s. 187 ( 1991 ), which held that title vii prohibits gender - specific fetal protection policies. = = changes = = patterson had attracted much criticism since it appeared to leave employees victimized by racial harassment on the job with no effective remedies, as they could not prove a violation of section 1981 and could rarely show any wage losses that they could recover under title vii. in addition, the court's narrow reading of the phrase " make or enforce contracts " eliminated any liability under section 1981 for lost promotions and most other personnel decisions that did not constitute a refusal to hire on the basis of race or color. congress addressed the issue by redefining the phrase " make and enforce contracts " to include " the making, performance, modification
will attack if firm 1 enters, to discourage firm 1 from entering the market. however, this is a non - credible threat. if firm 1 does decide to enter the market, the action that is in the best interest for firm 2 is to not attack as this leads to a payoff of 6 for the firm, as opposed to the payoff of 3 from attacking. = = = eric van damme's extensive form game = = = eric van damme's extensive form game demonstrates another example of a non - credible threat. in this game, player 1 has the choice of l or r, and if player 1 chooses r, then player 2 has the choice of l or r. player 2 can threaten choosing l with a payoff of ( 0, 0 ) to entice player 1 to choose l with a payoff of ( 2, 2 ), as this is the highest payoff for player 2. however, this is a non - credible threat as, if player 1 does decide to choose r, player 2 will choose r as their payoff is 1 as opposed to l which has a payoff of 0 for player 2. given that action l is not in player 2 β s best interest, their threat to play that is non - credible. = = rationality = = the notion of credibility is contingent on the principle of rationality. a rational player always make decisions that maximise their own utility, however, players are not always rational. therefore, in real world applications, the assumption that all players will be rational and act to maximise their utility is not practical, thus non - credible threats cannot be ignored. = = = experiment using the beard and beil game ( 1994 ) = = = nicolas jacquemet and adam zylbersztejn conducted experiments based on the beard and beil game to investigate whether people act to maximise their payoffs. from the study jacquemet and zylbersztejn found that failure to maximise utility stemmed from two observations : " subjects are not willing to rely on others β self - interested maximization, and self - interested maximization is not ubiquitous. " a key component of the utility maximising strategy in the game was the elimination of non - credible threats, however, the study found that suboptimal payoffs were a direct result of players following through on these non - credible threats. in real world applications, non - credible threats must be considered as there is a high possibility players will not act rationally. =
with regard to the company, which are claimed to be true at both the time of signing and the time of closing. sellers often attempt to craft their representations and warranties with knowledge qualifiers, dictating the level of knowledge applicable and which seller parties'knowledge is relevant. some agreements provide that if the representations and warranties by the seller prove to be false, the buyer may claim a refund of part of the purchase price, as is common in transactions involving privately held companies ( although in most acquisition agreements involving public company targets, the representations and warranties of the seller do not survive the closing ). representations regarding a target company's net working capital are a common source of post - closing disputes. covenants, which govern the conduct of the parties, both before the closing ( such as covenants that restrict the operations of the business between signing and closing ) and after the closing ( such as covenants regarding future income tax filings and tax liability or post - closing restrictions agreed to by the buyer and seller parties ). termination rights, which may be triggered by a breach of contract, a failure to satisfy certain conditions or the passage of a certain period of time without consummating the transaction, and fees and damages payable in case of a termination for certain events ( also known as breakup fees ). provisions relating to obtaining required shareholder approvals under state law and related sec filings required under federal law, if applicable, and terms related to the mechanics of the legal transactions to be consummated at closing ( such as the determination and allocation of the purchase price ) and post - closing adjustments ( such as adjustments after the final determination of working capital at closing or earnout payments payable to the sellers ), repayment of outstanding debt, and the treatment of outstanding shares, options and other equity interests ). an indemnification provision, which provides that an indemnitor will indemnify, defend, and hold harmless the indemnitee ( s ) for losses incurred by the indemnitees as a result of the indemnitor's breach of its contractual obligations in the purchase agreement following the closing of a deal, adjustments may be made to some of the provisions outlined in the purchase agreement, such as the purchase price. these adjustments are subject to enforceability issues in certain situations. alternatively, certain transactions use the'locked box'approach, where the purchase price is fixed at signing and based on the seller's equity value at a pre - signing date and an interest charge. =
party in the renegotiations ). oliver hart and his co - authors argue that the hold - up problem may be mitigated by choosing a suitable ownership structure ex - ante ( according to the incomplete contracting paradigm, more complex contractual arrangements are ruled out ). hence, the property rights approach to the theory of the firm can explain the pros and cons of vertical integration, thus providing a formal answer to important questions regarding the boundaries of the firm that were first raised by ronald coase ( 1937 ). the incomplete contracting approach has been subject of a still ongoing discussion in contract theory. in particular, some authors such as maskin and tirole ( 1999 ) argue that rational parties should be able to solve the hold - up problem with complex contracts, while hart and moore ( 1999 ) point out that these contractual solutions do not work if renegotiation cannot be ruled out. some authors have argued that the pros and cons of vertical integration can sometimes also be explained in complete contracting models. the property rights approach based on incomplete contracting has been criticized by williamson ( 2000 ) because it is focused on ex - ante investment incentives, while it neglects ex - post inefficiencies. it has been pointed out by schmitz ( 2006 ) that the property rights approach can be extended to the case of asymmetric information, which may explain ex - post inefficiencies. the property rights approach has also been extended by chiu ( 1998 ) and demeza and lockwood ( 1998 ), who allow for different ways to model the renegotiations. in a more recent extension, hart and moore ( 2008 ) have argued that contracts may serve as reference points. the theory of incomplete contracts has been successfully applied in various contexts, including privatization, international trade, management of research & development, allocation of formal and real authority, advocacy, and many others. the 2016 nobel prize in economics was awarded to oliver d. hart and bengt holmstrom for their contribution to contract theory, including incomplete contracts. = = in economic theory = = in 1986, grossman and hart ( 1986 ) used incomplete contract theory in their seminal paper on the costs and benefits of vertical integration to answer the question " what is a firm and what determines its boundaries? ". the grossman - hart theory of property rights is the first to explain in a straightforward manner why markets are so important in the context of organizational choice. the advantage of non - integrated markets is that the owners ( entrepreneurs ) can exercise their control,
Answer:
|
I only
| 0.3 |
On March 1, Green and Brown orally agreed that Brown would erect a boathouse on Green's lot and would dig a channel from the boathouse across Clark's lot to a lake. Clark had already orally agreed with Green to permit the digging of the channel across Clark's lot. Brown agreed to begin work on the boathouse on March 15, and to complete all the work before June 1. The total price of $10,000 was to be paid by Green in three installments: $2,500 on March 15, $2,500 when the boathouse was completed, and $5,000 when Brown finished the digging of the channel.Assume that Green paid the $2,500 on March 15, that Brown completed the boathouse, that Green paid the second installment of $2,500, and that Brown completed the digging of the channel but not until July 1. Assume further that the absence of a writing is not raised as a defense. Which of the following is/are correct? I. Green has a cause of action against Brown for breach of contract. II. Green is excused from paying the $5,000.
0. I only
1. II only
2. Both I and II
3. Neither I nor I
in 1991 and to harmonize it with section 1981 jurisprudence, as a result of a series of controversial supreme court decisions : patterson v. mclean credit union, 491 u. s. 164 ( 1989 ), which held that an employee could not sue for damages caused by racial harassment on the job because even if the employer's conduct were discriminatory, the employer had not denied the employee the " same right... to make and enforce contracts... as is enjoyed by white citizens, " the language that congress chose in passing the law in 1866. wards cove packing co. v. atonio, 490 u. s. 642 ( 1989 ), which made it more difficult for employees of wards cove packing company to prove that an employer's personnel practices, neutral on their face, had an unlawful disparate impact on them by requiring that they identify the particular policy or requirement that allegedly produced inequalities in the workplace and show that it, in isolation, had that effect. price waterhouse v. hopkins, 490 u. s. 228 ( 1989 ), which held that the burden of proof shifted, once an employee had proved that an unlawful consideration had played a part in the employer's personnel decision, to the employer to prove that it would have made the same decision if it had not been motivated by that unlawful factor, but such proof by the employer would constitute a complete defense for the employer. martin v. wilks, 490 u. s. 755 ( 1989 ), which permitted white firefighters who had not been party to the litigation, establishing a consent decree governing hiring and promotion of black firefighters in the birmingham, alabama, fire department, to bring suit to challenge the decree. united automobile workers v. johnson controls, inc., 499 u. s. 187 ( 1991 ), which held that title vii prohibits gender - specific fetal protection policies. = = changes = = patterson had attracted much criticism since it appeared to leave employees victimized by racial harassment on the job with no effective remedies, as they could not prove a violation of section 1981 and could rarely show any wage losses that they could recover under title vii. in addition, the court's narrow reading of the phrase " make or enforce contracts " eliminated any liability under section 1981 for lost promotions and most other personnel decisions that did not constitute a refusal to hire on the basis of race or color. congress addressed the issue by redefining the phrase " make and enforce contracts " to include " the making, performance, modification
shut. despite all his efforts boswell failed for, no matter what he did, he could never get his chests flush with bed of the channel. a further tender was invited, which was won by captain perry. a lone wolf, he had been court - martialled and jailed for surrendering his ship too easily to the french, but afterwards pardoned. perry agreed to fix the breach for Β£25, 000. he adopted two simultaneous principles : he would close the channel by driving a row of piles into its bed to create a dam. formed with dovetails ( as in image 2 ), the piles would interfit, hence be watertight. to reduce the water pressure on them, the piles would be no taller than was required to close the channel at neap tides. hence there would be time to rebuild the clay river wall before the next spring tide. but, to further reduce the water pressure his pile dam would have to bear, perry would make extra apertures through the river wall. fitted with sluices, they would allow the tide to continue to ebb and flow, finally being closed only when dagenham breach had been plugged. beset with difficulties, including suppliers who sold him defective clay, a nightwatchman who failed to warn him about an extra - high tide, strikes, and cashflow problems, perry eventually succeeded, finally plugging the gap on 18 june 1719. he got his success fee, but he was a ruined man. parliament voted him an extra reward. the lake remained, as did captain perry's house, called dagenham beach house. it was popular with anglers. cabinet ministers went there annually for fish dinners. later, the lake was made into dagenham dock. the ford motor company built its dagenham works to take advantage of it. parts of it remain to this day. = = = the erith explosion = = = early in the morning of 1 october 1864 a blast was heard all over london and up to 100 miles away. a gunpowder barge moored near erith, kent had ignited, setting off two landward powder magazines : the resulting chain explosion consumed 46 1β2 tons of gunpowder and blew the river wall into the thames. fortunately it was low tide, but lewis moore, an engineer who chanced to live nearby, realised the gap must be plugged before the tide rose β high water was due at 1 : 30 p. m. a calamity was impending, worse than poplar gut or dagenham breach, for
to dismiss any worker, or any number of workers, for any reason at all. an individual, or a collective agreement, according to the general doctrine of freedom of contract could always stipulate that an employee should only be dismissed for a good reason, or a " just cause ", or that elected employee representatives would have a say on whether a dismissal should take effect. however, the position of the typical 19th - century worker meant that this was rare. the at - will practice is typically traced to a treatise published by horace gray wood in 1877, called master and servant. wood cited four u. s. cases as authority for his rule that when a hiring was indefinite, the burden of proof was on the servant to prove that an indefinite employment term was for one year. in toussaint v. blue cross & blue shield of michigan, the court noted that " wood's rule was quickly cited as authority for another proposition. " wood, however, misinterpreted two of the cases which in fact showed that in massachusetts and michigan, at least, the rule was that employees should have notice before dismissal according to the periods of their contract. in new york, the first case to adopt wood's rule was martin v. new york life insurance company ( 1895 ). justice edward t. bartlett wrote that new york law now followed wood's treatise, which meant that an employee who received $ 10, 000, paid in a salary over a year, could be dismissed immediately. the case did not make reference to the previous authority. four years earlier, adams v. fitzpatrick ( 1891 ) had held that new york law followed the general practice of requiring notice similar to pay periods. however, subsequent new york cases continued to follow the at - will rule into the early 20th century. some courts saw the rule as requiring the employee to prove an express contract for a definite term in order to maintain an action based on termination of the employment. thus was born the u. s. at - will employment rule, which allowed discharge for no reason. this rule was adopted by all u. s. states. in 1959, the first judicial exception to the at - will rule was created by one of the california courts of appeal. later, in a 1980 landmark case involving arco, the supreme court of california endorsed the rule first articulated by the court of appeal. the resulting civil actions by employees are now known in california as tameny actions for wrongful termination in violation of public policy. since 1959, several common law and statutory exceptions to at
in the house. referred to the house committee on resources. 7 / 25 / 2000 mr. saxton moved to suspend the rules and pass the bill. considered under suspension of the rules. debate - the house proceeded with forty minutes of debate on s. 2327. on motion to suspend the rules and pass the bill agreed to by voice vote. motion to reconsider laid on the table agreed to without objection. cleared for white house. 7 / 27 / 2000 : presented to president. 8 / 7 / 2000 : signed by president. became public law no : 106 - 256. = = amendments = = s. amdt. 3620 by u. s. sen. hollings [ d - sc ] to establish a commission on ocean policy, and for other purposes. proposed : june 26, 2000. accepted : june 26, 2000. = = funding = = the act provides for $ 8. 5 million for the commission. in 1999, $ 3. 5 million was appropriated for the same effort, but never used. therefore, only $ 2. 5 million would need to be accumulated to completely cover the cost of this act. = = representational members = = sponsor : u. s. sen. ernest hollings [ d - sc ] u. s. president : bill clinton cosponsors : daniel akaka [ d - hi ] barbara boxer [ d - ca ] john breaux [ d - la ] max cleland [ d - ga ] dianne feinstein [ d - ca ] daniel inouye [ d - hi ] john kerry [ d - ma ] mary landrieu [ d - la ] frank lautenberg [ d - nj ] joseph lieberman [ d - ct ] daniel moynihan [ d - ny ] frank murkowski [ r - ak ] patty murray [ d - wa ] jack reed [ d - ri ] william roth [ r - de ] paul sarbanes [ d - md ] chuck schumer [ d - ny ] = = biennial report = = a biennial report must be submitted by the u. s. president to congress of all federal programs incorporated with coastal and ocean activities. this was set to begin in september 2001. the report must include : a description of each program the current level of funding for the program linkages to other federal programs a projection of the funding level for the program for each of the next 5 fiscal years = = external links = = 2006 joci report card - where is the u. s. national ocean policy?
will attack if firm 1 enters, to discourage firm 1 from entering the market. however, this is a non - credible threat. if firm 1 does decide to enter the market, the action that is in the best interest for firm 2 is to not attack as this leads to a payoff of 6 for the firm, as opposed to the payoff of 3 from attacking. = = = eric van damme's extensive form game = = = eric van damme's extensive form game demonstrates another example of a non - credible threat. in this game, player 1 has the choice of l or r, and if player 1 chooses r, then player 2 has the choice of l or r. player 2 can threaten choosing l with a payoff of ( 0, 0 ) to entice player 1 to choose l with a payoff of ( 2, 2 ), as this is the highest payoff for player 2. however, this is a non - credible threat as, if player 1 does decide to choose r, player 2 will choose r as their payoff is 1 as opposed to l which has a payoff of 0 for player 2. given that action l is not in player 2 β s best interest, their threat to play that is non - credible. = = rationality = = the notion of credibility is contingent on the principle of rationality. a rational player always make decisions that maximise their own utility, however, players are not always rational. therefore, in real world applications, the assumption that all players will be rational and act to maximise their utility is not practical, thus non - credible threats cannot be ignored. = = = experiment using the beard and beil game ( 1994 ) = = = nicolas jacquemet and adam zylbersztejn conducted experiments based on the beard and beil game to investigate whether people act to maximise their payoffs. from the study jacquemet and zylbersztejn found that failure to maximise utility stemmed from two observations : " subjects are not willing to rely on others β self - interested maximization, and self - interested maximization is not ubiquitous. " a key component of the utility maximising strategy in the game was the elimination of non - credible threats, however, the study found that suboptimal payoffs were a direct result of players following through on these non - credible threats. in real world applications, non - credible threats must be considered as there is a high possibility players will not act rationally. =
Answer:
|
I only
| null |
On March 1, Green and Brown orally agreed that Brown would erect a boathouse on Green's lot and would dig a channel from the boathouse across Clark's lot to a lake. Clark had already orally agreed with Green to permit the digging of the channel across Clark's lot. Brown agreed to begin work on the boathouse on March 15, and to complete all the work before June 1. The total price of $10,000 was to be paid by Green in three installments: $2,500 on March 15, $2,500 when the boathouse was completed, and $5,000 when Brown finished the digging of the channel.Assume that Green paid the $2,500 on March 15, that Brown completed the boathouse, that Green paid the second installment of $2,500, and that Brown completed the digging of the channel but not until July 1. Assume further that the absence of a writing is not raised as a defense. Which of the following is/are correct? I. Green has a cause of action against Brown for breach of contract. II. Green is excused from paying the $5,000.
0. I only
1. II only
2. Both I and II
3. Neither I nor I
in 1991 and to harmonize it with section 1981 jurisprudence, as a result of a series of controversial supreme court decisions : patterson v. mclean credit union, 491 u. s. 164 ( 1989 ), which held that an employee could not sue for damages caused by racial harassment on the job because even if the employer's conduct were discriminatory, the employer had not denied the employee the " same right... to make and enforce contracts... as is enjoyed by white citizens, " the language that congress chose in passing the law in 1866. wards cove packing co. v. atonio, 490 u. s. 642 ( 1989 ), which made it more difficult for employees of wards cove packing company to prove that an employer's personnel practices, neutral on their face, had an unlawful disparate impact on them by requiring that they identify the particular policy or requirement that allegedly produced inequalities in the workplace and show that it, in isolation, had that effect. price waterhouse v. hopkins, 490 u. s. 228 ( 1989 ), which held that the burden of proof shifted, once an employee had proved that an unlawful consideration had played a part in the employer's personnel decision, to the employer to prove that it would have made the same decision if it had not been motivated by that unlawful factor, but such proof by the employer would constitute a complete defense for the employer. martin v. wilks, 490 u. s. 755 ( 1989 ), which permitted white firefighters who had not been party to the litigation, establishing a consent decree governing hiring and promotion of black firefighters in the birmingham, alabama, fire department, to bring suit to challenge the decree. united automobile workers v. johnson controls, inc., 499 u. s. 187 ( 1991 ), which held that title vii prohibits gender - specific fetal protection policies. = = changes = = patterson had attracted much criticism since it appeared to leave employees victimized by racial harassment on the job with no effective remedies, as they could not prove a violation of section 1981 and could rarely show any wage losses that they could recover under title vii. in addition, the court's narrow reading of the phrase " make or enforce contracts " eliminated any liability under section 1981 for lost promotions and most other personnel decisions that did not constitute a refusal to hire on the basis of race or color. congress addressed the issue by redefining the phrase " make and enforce contracts " to include " the making, performance, modification
shut. despite all his efforts boswell failed for, no matter what he did, he could never get his chests flush with bed of the channel. a further tender was invited, which was won by captain perry. a lone wolf, he had been court - martialled and jailed for surrendering his ship too easily to the french, but afterwards pardoned. perry agreed to fix the breach for Β£25, 000. he adopted two simultaneous principles : he would close the channel by driving a row of piles into its bed to create a dam. formed with dovetails ( as in image 2 ), the piles would interfit, hence be watertight. to reduce the water pressure on them, the piles would be no taller than was required to close the channel at neap tides. hence there would be time to rebuild the clay river wall before the next spring tide. but, to further reduce the water pressure his pile dam would have to bear, perry would make extra apertures through the river wall. fitted with sluices, they would allow the tide to continue to ebb and flow, finally being closed only when dagenham breach had been plugged. beset with difficulties, including suppliers who sold him defective clay, a nightwatchman who failed to warn him about an extra - high tide, strikes, and cashflow problems, perry eventually succeeded, finally plugging the gap on 18 june 1719. he got his success fee, but he was a ruined man. parliament voted him an extra reward. the lake remained, as did captain perry's house, called dagenham beach house. it was popular with anglers. cabinet ministers went there annually for fish dinners. later, the lake was made into dagenham dock. the ford motor company built its dagenham works to take advantage of it. parts of it remain to this day. = = = the erith explosion = = = early in the morning of 1 october 1864 a blast was heard all over london and up to 100 miles away. a gunpowder barge moored near erith, kent had ignited, setting off two landward powder magazines : the resulting chain explosion consumed 46 1β2 tons of gunpowder and blew the river wall into the thames. fortunately it was low tide, but lewis moore, an engineer who chanced to live nearby, realised the gap must be plugged before the tide rose β high water was due at 1 : 30 p. m. a calamity was impending, worse than poplar gut or dagenham breach, for
to dismiss any worker, or any number of workers, for any reason at all. an individual, or a collective agreement, according to the general doctrine of freedom of contract could always stipulate that an employee should only be dismissed for a good reason, or a " just cause ", or that elected employee representatives would have a say on whether a dismissal should take effect. however, the position of the typical 19th - century worker meant that this was rare. the at - will practice is typically traced to a treatise published by horace gray wood in 1877, called master and servant. wood cited four u. s. cases as authority for his rule that when a hiring was indefinite, the burden of proof was on the servant to prove that an indefinite employment term was for one year. in toussaint v. blue cross & blue shield of michigan, the court noted that " wood's rule was quickly cited as authority for another proposition. " wood, however, misinterpreted two of the cases which in fact showed that in massachusetts and michigan, at least, the rule was that employees should have notice before dismissal according to the periods of their contract. in new york, the first case to adopt wood's rule was martin v. new york life insurance company ( 1895 ). justice edward t. bartlett wrote that new york law now followed wood's treatise, which meant that an employee who received $ 10, 000, paid in a salary over a year, could be dismissed immediately. the case did not make reference to the previous authority. four years earlier, adams v. fitzpatrick ( 1891 ) had held that new york law followed the general practice of requiring notice similar to pay periods. however, subsequent new york cases continued to follow the at - will rule into the early 20th century. some courts saw the rule as requiring the employee to prove an express contract for a definite term in order to maintain an action based on termination of the employment. thus was born the u. s. at - will employment rule, which allowed discharge for no reason. this rule was adopted by all u. s. states. in 1959, the first judicial exception to the at - will rule was created by one of the california courts of appeal. later, in a 1980 landmark case involving arco, the supreme court of california endorsed the rule first articulated by the court of appeal. the resulting civil actions by employees are now known in california as tameny actions for wrongful termination in violation of public policy. since 1959, several common law and statutory exceptions to at
in the house. referred to the house committee on resources. 7 / 25 / 2000 mr. saxton moved to suspend the rules and pass the bill. considered under suspension of the rules. debate - the house proceeded with forty minutes of debate on s. 2327. on motion to suspend the rules and pass the bill agreed to by voice vote. motion to reconsider laid on the table agreed to without objection. cleared for white house. 7 / 27 / 2000 : presented to president. 8 / 7 / 2000 : signed by president. became public law no : 106 - 256. = = amendments = = s. amdt. 3620 by u. s. sen. hollings [ d - sc ] to establish a commission on ocean policy, and for other purposes. proposed : june 26, 2000. accepted : june 26, 2000. = = funding = = the act provides for $ 8. 5 million for the commission. in 1999, $ 3. 5 million was appropriated for the same effort, but never used. therefore, only $ 2. 5 million would need to be accumulated to completely cover the cost of this act. = = representational members = = sponsor : u. s. sen. ernest hollings [ d - sc ] u. s. president : bill clinton cosponsors : daniel akaka [ d - hi ] barbara boxer [ d - ca ] john breaux [ d - la ] max cleland [ d - ga ] dianne feinstein [ d - ca ] daniel inouye [ d - hi ] john kerry [ d - ma ] mary landrieu [ d - la ] frank lautenberg [ d - nj ] joseph lieberman [ d - ct ] daniel moynihan [ d - ny ] frank murkowski [ r - ak ] patty murray [ d - wa ] jack reed [ d - ri ] william roth [ r - de ] paul sarbanes [ d - md ] chuck schumer [ d - ny ] = = biennial report = = a biennial report must be submitted by the u. s. president to congress of all federal programs incorporated with coastal and ocean activities. this was set to begin in september 2001. the report must include : a description of each program the current level of funding for the program linkages to other federal programs a projection of the funding level for the program for each of the next 5 fiscal years = = external links = = 2006 joci report card - where is the u. s. national ocean policy?
will attack if firm 1 enters, to discourage firm 1 from entering the market. however, this is a non - credible threat. if firm 1 does decide to enter the market, the action that is in the best interest for firm 2 is to not attack as this leads to a payoff of 6 for the firm, as opposed to the payoff of 3 from attacking. = = = eric van damme's extensive form game = = = eric van damme's extensive form game demonstrates another example of a non - credible threat. in this game, player 1 has the choice of l or r, and if player 1 chooses r, then player 2 has the choice of l or r. player 2 can threaten choosing l with a payoff of ( 0, 0 ) to entice player 1 to choose l with a payoff of ( 2, 2 ), as this is the highest payoff for player 2. however, this is a non - credible threat as, if player 1 does decide to choose r, player 2 will choose r as their payoff is 1 as opposed to l which has a payoff of 0 for player 2. given that action l is not in player 2 β s best interest, their threat to play that is non - credible. = = rationality = = the notion of credibility is contingent on the principle of rationality. a rational player always make decisions that maximise their own utility, however, players are not always rational. therefore, in real world applications, the assumption that all players will be rational and act to maximise their utility is not practical, thus non - credible threats cannot be ignored. = = = experiment using the beard and beil game ( 1994 ) = = = nicolas jacquemet and adam zylbersztejn conducted experiments based on the beard and beil game to investigate whether people act to maximise their payoffs. from the study jacquemet and zylbersztejn found that failure to maximise utility stemmed from two observations : " subjects are not willing to rely on others β self - interested maximization, and self - interested maximization is not ubiquitous. " a key component of the utility maximising strategy in the game was the elimination of non - credible threats, however, the study found that suboptimal payoffs were a direct result of players following through on these non - credible threats. in real world applications, non - credible threats must be considered as there is a high possibility players will not act rationally. =
Answer:
|
II only
| 0.3 |
Customer, aged 20, went into Store at approximately 6:45 p.m. to look at some suits that were on sale. The clerks were busy, and one of them told Customer that he should wait on himself. Customer selected three suits from a rack and went into the dressing room to try them on. Signs posted on the walls of Store stated that 58 closing time was 9:00 p.m.; however, because of a special awards banquet for employees, Store was closed at 7:00 p.m. on this day. The employees, in a hurry to get to the banquet, did not check the dressing rooms or turn off the lights before leaving. When Customer emerged from the dressing room a few minutes after 7:00 p.m., he was alone and locked in. Customer tried the front door, but it was secured on the outside by a bar and padlock, so he went to the rear door. Customer grabbed the doorknob and vigorously shook the door. It did not open, but the activity set off a mechanism that had been installed because of several recent thefts committed by persons who had hidden in the store until after closing time. The mechanism sprayed a chemical mist in Customer's face, causing him to become temporarily blind. The mechanism also activated an alarm carried by Store's employee, Watchman, who was just coming to work. Watchman unlocked the front door, ran into the store and grabbed Customer. Customer, who was still unable to see, struck out at this person and hit a metal rack, injuring his hand. Watchman then identified himself, and Customer did the same. After assuring himself that Customer was telling the truth, Watchman allowed him to leave. If Customer is to prevail on a claim against Store based on battery from the use of the chemical spray, Customer must establish that
0. he suffered severe bodily harm.
1. the spray mist was an offensive or harmful contact.
2. he suffered severe emotional distress.
3. his conduct was not a factual cause of the chemical's being sprayed on him
the industry's best practices, or because, though not granted, it is still enforced either because the system cannot manage it or because, by neglect, it has not been properly set up in that system ; finally, a capture error may arise in a system with weak plausibility controls, such as that on a trade size, or with no Β« four eyes principle Β» mechanism, whereby a manifest anomaly would have been detected and stopped by a second person. = = destroyed rooms = = on may 5, 1996, during a saturday to sunday night, a fire, suspected to be criminal, ravaged the trading room of credit lyonnais ; trading businesses have been transferred in a couple of days to a backup, or disaster recovery, site, in outer paris. on september 11, 2001, the attack against the world trade center destroyed the cantor fitzgerald's trading room and killed 658 persons, two - thirds of its workforce. yet business resumed about one week later. = = gambling = = trading rooms are also used in the sports gambling sector. the term is often used to refer to the liabilities and odds setting departments of bookmakers where liabilities are managed and odds are adjusted. examples include internet bookmakers based in the caribbean and also legal bookmaking operations in the united kingdom such as william hill, ladbrokes and coral which operate trading rooms to manage their risk. the growth of betting exchanges such as betfair has also led to the emergence of " trading rooms " designed for professional gamblers. ( reference : racing post newspaper 19 / 7 / 07 ) the first such establishment was opened in edinburgh in 2003 but later folded. professional gamblers typically pay a daily " seat " fee of around Β£30 per day for the use of it facilities and sports satellite feeds used for betting purposes. today there are eight such trading rooms across the uk, with two based in london β one in highgate and one in canary wharf. = = see also = = regulation nms security ( finance ) = = notes and references = = = = external links = = " wall street & technology ". " dealing with technology ". " the power of program trades ". investopedia. daniel beunza, david stark. " ecologies of value in a wall street trading room " ( pdf ). columbia university. archived from the original ( pdf ) on 2011 - 07 - 06. howard kahn, cary l. cooper ( 1993 ). stress in the dealing room - high performers under pressure. business & economics. p. 276. isbn 978
on the atmosphere if released. there have been reports of refrigerators exploding if the refrigerant leaks isobutane in the presence of a spark. if the coolant leaks into the refrigerator, at times when the door is not being opened ( such as overnight ) the concentration of coolant in the air within the refrigerator can build up to form an explosive mixture that can be ignited either by a spark from the thermostat or when the light comes on as the door is opened, resulting in documented cases of serious property damage and injury or even death from the resulting explosion. disposal of discarded refrigerators is regulated, often mandating the removal of doors for safety reasons. children have been asphyxiated while playing with discarded refrigerators, particularly older models with latching doors. since the 1950s regulations in many places have mandated using refrigerator doors that can be pushed opened from inside. modern units use a magnetic door gasket that holds the door sealed but allows it to be pushed open from the inside. this gasket was invented, developed and manufactured by max baermann ( 1903 β 1984 ) of bergisch gladbach / germany. regarding total life - cycle costs, many governments offer incentives to encourage recycling of old refrigerators. one example is the phoenix refrigerator program launched in australia. this government incentive picked up old refrigerators, paying their owners for " donating " the refrigerator. the refrigerator was then refurbished, with new door seals, a thorough cleaning, and the removal of items such as the cover that is strapped to the back of many older units. the resulting refrigerators, now over 10 % more efficient, were then given to low - income families. the united states also has a program for collecting and replacing older, less - efficient refrigerators and other white goods. these programs seek to replace large appliances that are old and inefficient or faulty by newer, more energy - efficient appliances, to reduce the cost imposed on lower - income families, and reduce pollution caused by the older appliances. = = gallery = = = = see also = = = = references = = = = further reading = = rees, jonathan. refrigeration nation : a history of ice, appliances, and enterprise in america ( johns hopkins university press ; 2013 ) 256 pages refrigerators and food preservation in foreign countries. united states bureau of statistics, department of state. 1890. = = external links = = u. s. patent 1, 126, 605 refrigerating apparatus u. s. patent 1, 222
york times : feb 12, 1974, violent inmates are isolated at san quentin contains the first reference to lockdown. jul 29, 1998, children in tow, tourists stream to capitol to mourn its guardians, by lizette alvarez : " friday's act by a gunman prompted few calls for a lockdown of the capitol. " oct 25, 1998, report card in yonkers on new schools chief, by elsa brenner : " dr. hornsby declared a lockdown in the city's high schools, informing 6, 000 students that they could no longer ventue off campus for pizzas and chinese food. " nov 8, 1998, no more rotten odors, sewage protesters say, by david koeppel : " at seaford harbor school, principal barbara bauer, who attended the rally, acknowledged that the smells had resulted in one'lockdown'in the past year. on oct. 26, parents say, a lockdown was declared at another school, mandalay elementary. " feb 10, 1999, as senate goes into lockdown, quiet fills capitol, by frances x. clines : " the senate went into lockdown with president clinton's fate in its hands. " jun 6, 1999, in brief : school hot line : " there has also been'a massive security lockdown'at all yonkers schools.... all but one entrance door in each school is locked, and safety officers are stationed at each. everyone entering school buildings is being scanned for weapons. " aug 13, 1999, schools in new york area reassess safety for students, by randal c. archibold : " the shootings at columbine high school in littleton, colo., have led school officials in the new york city metropolitan area to reassess security and in some cases to make changes to minimize threats. at one extreme is west hartford, conn., where administrators devised what they termed a'lockdown'drill in which students and teachers, practicing in case there should be a shooting, lock all doors and stay put until they are told that the police have arrived. " = = see also = = amber alert β us based child abduction emergency alert system code adam β missing - child safety program curfew β order imposing certain regulations during specified hours, often stay - at - home orders martial law β imposition of direct military control or suspension of civil law by a government = = references = = = = external links = = the dictionary definition of lock
, in turn, leads to reduced costs and improved customer service by decreasing shipping and receiving cycle times, increasing shipment and inventory accuracy, and decreasing lead - time variability. β a software application is considered a twms when it moves beyond the integration to which mason et al. referred in the research, and is one application, with one code set for both the transportation and warehouse management aspects of supply chain management. = = the covid - 19 pandemic and its effect on ecommerce = = when covid - 19 closed retail businesses all over the globe and it became necessary for the population to shelter in place, the world of commerce changed overnight. in order to survive, shopping online became a necessity and even those who were hesitant to adopt this practice adapted quickly. this experience put immense pressure on ecommerce in ways they had never anticipated, and ecommerce sellers were caught off - guard. bhatti, et al. stated, β coronavirus compelled customers to use internet and make it habit in their daily routine. " furthermore, many challenges facing retailers in e - commerce, such as extended delivery times, difficulty faced during movement control, social distancing, and lockdown ( hasanat et al., 2020 ), made the process even more difficult. = = the need for a twms = = due to the speed at which ecommerce was growing, shippers needed systems that better combined all of their activities into one seamless system, without integrations that could potentially slow down the warehousing, processing, and shipping of goods. from this need, a twms became the next important step in supply chain management software. the first true, seamless, twms to be commercially available was created by idrive logistics, based in lehi, utah in the united states, called shipcaddie twms. it combined all of the functionality of a wms and a tms into one, seamless system without the use of integrations to tie the pieces together. = = functionalities = = = = = overall = = = software as a service ( saas ) model integration with accounting software data dashboard customizable reporting workflow management = = = warehouse management = = = location control picking list creation packing invoicing advance incoming shipment notifications incoming carrier shipping data pick session details = = = inventory management = = = product management batch processing backorder inventory management sku tracking receiving and putaway stock level control lot number / expiration tracking production kitting virtual warehouse
ethnicities, volunteered to act as job applicants, " confederates ". 14 additional women acted as " interaction observers. " each observer was paired with one confederate to oversee all eight of the confederate's trails. for half the trails the confederate wore a plain black hijab and dressed similarly, for the other half they dressed similarly but did not wear hijab. confederates were coached on a verbal script and entering and leaving work places. mock trials were held to prepare for the role. after training was complete confederate / observer pair were dispatched to eight different work places within a mall. the observer entered the store and acted as clientele, and timed the confederates interactions. the confederate, meanwhile, asked for a manager and then presented three questions regarding employment. the questions are as follow : " do you have a job position open for a _ _ _ _ _ _ ( sales representative / waitress )? ", " could i fill out a job application? ", and " what sort of things would i be doing if i worked here? " the confederate and observer were asked not to speak to one another until they had completed submitting data to avoid bias. the research comes to the conclusion that there is formal and interpersonal discrimination against hijab wearing muslim women. = = = from court cases = = = darity and mason [ 1998 ] summarize the court cases on discrimination, in which employers were found guilty and huge awards were rewarded for plaintiffs. they argue that such cases establish the existence of discrimination. the plaintiffs were women or non - whites ( st. petersburg times, 1997 ; inter press service, 1996 ; the chicago tribune, 1997 ; the new york times, 1993 ; the christian science monitor, 1983 ; los angeles times, 1996 ). some examples are the following : in 1997, the allegations for the publix super markets were " gender biases in on the job training, promotion, tenure and layoff policies ; wage discrimination ; occupational segregation ; hostile work environment " ( st. petersburg times, 1997, pp. 77 ). in 1996, allegations for texaco were " racially discriminatory hiring, promotion and salary policies " ( inter press service, 1996 ; the chicago tribune, 1997, pp. 77 ). the six black workers, who were the plaintiffs, gave the taped racist comments of the white corporate officials as evidence ( inter press service, 1996 ; the chicago tribune, 1997 ). in 1983, the general motors corporation was sued both for gender and racial discrimination ( the christian science monitor, 1983 ).
Answer:
|
the spray mist was an offensive or harmful contact.
| null |
Customer, aged 20, went into Store at approximately 6:45 p.m. to look at some suits that were on sale. The clerks were busy, and one of them told Customer that he should wait on himself. Customer selected three suits from a rack and went into the dressing room to try them on. Signs posted on the walls of Store stated that 58 closing time was 9:00 p.m.; however, because of a special awards banquet for employees, Store was closed at 7:00 p.m. on this day. The employees, in a hurry to get to the banquet, did not check the dressing rooms or turn off the lights before leaving. When Customer emerged from the dressing room a few minutes after 7:00 p.m., he was alone and locked in. Customer tried the front door, but it was secured on the outside by a bar and padlock, so he went to the rear door. Customer grabbed the doorknob and vigorously shook the door. It did not open, but the activity set off a mechanism that had been installed because of several recent thefts committed by persons who had hidden in the store until after closing time. The mechanism sprayed a chemical mist in Customer's face, causing him to become temporarily blind. The mechanism also activated an alarm carried by Store's employee, Watchman, who was just coming to work. Watchman unlocked the front door, ran into the store and grabbed Customer. Customer, who was still unable to see, struck out at this person and hit a metal rack, injuring his hand. Watchman then identified himself, and Customer did the same. After assuring himself that Customer was telling the truth, Watchman allowed him to leave. If Customer is to prevail on a claim against Store based on battery from the use of the chemical spray, Customer must establish that
0. he suffered severe bodily harm.
1. the spray mist was an offensive or harmful contact.
2. he suffered severe emotional distress.
3. his conduct was not a factual cause of the chemical's being sprayed on him
the industry's best practices, or because, though not granted, it is still enforced either because the system cannot manage it or because, by neglect, it has not been properly set up in that system ; finally, a capture error may arise in a system with weak plausibility controls, such as that on a trade size, or with no Β« four eyes principle Β» mechanism, whereby a manifest anomaly would have been detected and stopped by a second person. = = destroyed rooms = = on may 5, 1996, during a saturday to sunday night, a fire, suspected to be criminal, ravaged the trading room of credit lyonnais ; trading businesses have been transferred in a couple of days to a backup, or disaster recovery, site, in outer paris. on september 11, 2001, the attack against the world trade center destroyed the cantor fitzgerald's trading room and killed 658 persons, two - thirds of its workforce. yet business resumed about one week later. = = gambling = = trading rooms are also used in the sports gambling sector. the term is often used to refer to the liabilities and odds setting departments of bookmakers where liabilities are managed and odds are adjusted. examples include internet bookmakers based in the caribbean and also legal bookmaking operations in the united kingdom such as william hill, ladbrokes and coral which operate trading rooms to manage their risk. the growth of betting exchanges such as betfair has also led to the emergence of " trading rooms " designed for professional gamblers. ( reference : racing post newspaper 19 / 7 / 07 ) the first such establishment was opened in edinburgh in 2003 but later folded. professional gamblers typically pay a daily " seat " fee of around Β£30 per day for the use of it facilities and sports satellite feeds used for betting purposes. today there are eight such trading rooms across the uk, with two based in london β one in highgate and one in canary wharf. = = see also = = regulation nms security ( finance ) = = notes and references = = = = external links = = " wall street & technology ". " dealing with technology ". " the power of program trades ". investopedia. daniel beunza, david stark. " ecologies of value in a wall street trading room " ( pdf ). columbia university. archived from the original ( pdf ) on 2011 - 07 - 06. howard kahn, cary l. cooper ( 1993 ). stress in the dealing room - high performers under pressure. business & economics. p. 276. isbn 978
on the atmosphere if released. there have been reports of refrigerators exploding if the refrigerant leaks isobutane in the presence of a spark. if the coolant leaks into the refrigerator, at times when the door is not being opened ( such as overnight ) the concentration of coolant in the air within the refrigerator can build up to form an explosive mixture that can be ignited either by a spark from the thermostat or when the light comes on as the door is opened, resulting in documented cases of serious property damage and injury or even death from the resulting explosion. disposal of discarded refrigerators is regulated, often mandating the removal of doors for safety reasons. children have been asphyxiated while playing with discarded refrigerators, particularly older models with latching doors. since the 1950s regulations in many places have mandated using refrigerator doors that can be pushed opened from inside. modern units use a magnetic door gasket that holds the door sealed but allows it to be pushed open from the inside. this gasket was invented, developed and manufactured by max baermann ( 1903 β 1984 ) of bergisch gladbach / germany. regarding total life - cycle costs, many governments offer incentives to encourage recycling of old refrigerators. one example is the phoenix refrigerator program launched in australia. this government incentive picked up old refrigerators, paying their owners for " donating " the refrigerator. the refrigerator was then refurbished, with new door seals, a thorough cleaning, and the removal of items such as the cover that is strapped to the back of many older units. the resulting refrigerators, now over 10 % more efficient, were then given to low - income families. the united states also has a program for collecting and replacing older, less - efficient refrigerators and other white goods. these programs seek to replace large appliances that are old and inefficient or faulty by newer, more energy - efficient appliances, to reduce the cost imposed on lower - income families, and reduce pollution caused by the older appliances. = = gallery = = = = see also = = = = references = = = = further reading = = rees, jonathan. refrigeration nation : a history of ice, appliances, and enterprise in america ( johns hopkins university press ; 2013 ) 256 pages refrigerators and food preservation in foreign countries. united states bureau of statistics, department of state. 1890. = = external links = = u. s. patent 1, 126, 605 refrigerating apparatus u. s. patent 1, 222
york times : feb 12, 1974, violent inmates are isolated at san quentin contains the first reference to lockdown. jul 29, 1998, children in tow, tourists stream to capitol to mourn its guardians, by lizette alvarez : " friday's act by a gunman prompted few calls for a lockdown of the capitol. " oct 25, 1998, report card in yonkers on new schools chief, by elsa brenner : " dr. hornsby declared a lockdown in the city's high schools, informing 6, 000 students that they could no longer ventue off campus for pizzas and chinese food. " nov 8, 1998, no more rotten odors, sewage protesters say, by david koeppel : " at seaford harbor school, principal barbara bauer, who attended the rally, acknowledged that the smells had resulted in one'lockdown'in the past year. on oct. 26, parents say, a lockdown was declared at another school, mandalay elementary. " feb 10, 1999, as senate goes into lockdown, quiet fills capitol, by frances x. clines : " the senate went into lockdown with president clinton's fate in its hands. " jun 6, 1999, in brief : school hot line : " there has also been'a massive security lockdown'at all yonkers schools.... all but one entrance door in each school is locked, and safety officers are stationed at each. everyone entering school buildings is being scanned for weapons. " aug 13, 1999, schools in new york area reassess safety for students, by randal c. archibold : " the shootings at columbine high school in littleton, colo., have led school officials in the new york city metropolitan area to reassess security and in some cases to make changes to minimize threats. at one extreme is west hartford, conn., where administrators devised what they termed a'lockdown'drill in which students and teachers, practicing in case there should be a shooting, lock all doors and stay put until they are told that the police have arrived. " = = see also = = amber alert β us based child abduction emergency alert system code adam β missing - child safety program curfew β order imposing certain regulations during specified hours, often stay - at - home orders martial law β imposition of direct military control or suspension of civil law by a government = = references = = = = external links = = the dictionary definition of lock
, in turn, leads to reduced costs and improved customer service by decreasing shipping and receiving cycle times, increasing shipment and inventory accuracy, and decreasing lead - time variability. β a software application is considered a twms when it moves beyond the integration to which mason et al. referred in the research, and is one application, with one code set for both the transportation and warehouse management aspects of supply chain management. = = the covid - 19 pandemic and its effect on ecommerce = = when covid - 19 closed retail businesses all over the globe and it became necessary for the population to shelter in place, the world of commerce changed overnight. in order to survive, shopping online became a necessity and even those who were hesitant to adopt this practice adapted quickly. this experience put immense pressure on ecommerce in ways they had never anticipated, and ecommerce sellers were caught off - guard. bhatti, et al. stated, β coronavirus compelled customers to use internet and make it habit in their daily routine. " furthermore, many challenges facing retailers in e - commerce, such as extended delivery times, difficulty faced during movement control, social distancing, and lockdown ( hasanat et al., 2020 ), made the process even more difficult. = = the need for a twms = = due to the speed at which ecommerce was growing, shippers needed systems that better combined all of their activities into one seamless system, without integrations that could potentially slow down the warehousing, processing, and shipping of goods. from this need, a twms became the next important step in supply chain management software. the first true, seamless, twms to be commercially available was created by idrive logistics, based in lehi, utah in the united states, called shipcaddie twms. it combined all of the functionality of a wms and a tms into one, seamless system without the use of integrations to tie the pieces together. = = functionalities = = = = = overall = = = software as a service ( saas ) model integration with accounting software data dashboard customizable reporting workflow management = = = warehouse management = = = location control picking list creation packing invoicing advance incoming shipment notifications incoming carrier shipping data pick session details = = = inventory management = = = product management batch processing backorder inventory management sku tracking receiving and putaway stock level control lot number / expiration tracking production kitting virtual warehouse
ethnicities, volunteered to act as job applicants, " confederates ". 14 additional women acted as " interaction observers. " each observer was paired with one confederate to oversee all eight of the confederate's trails. for half the trails the confederate wore a plain black hijab and dressed similarly, for the other half they dressed similarly but did not wear hijab. confederates were coached on a verbal script and entering and leaving work places. mock trials were held to prepare for the role. after training was complete confederate / observer pair were dispatched to eight different work places within a mall. the observer entered the store and acted as clientele, and timed the confederates interactions. the confederate, meanwhile, asked for a manager and then presented three questions regarding employment. the questions are as follow : " do you have a job position open for a _ _ _ _ _ _ ( sales representative / waitress )? ", " could i fill out a job application? ", and " what sort of things would i be doing if i worked here? " the confederate and observer were asked not to speak to one another until they had completed submitting data to avoid bias. the research comes to the conclusion that there is formal and interpersonal discrimination against hijab wearing muslim women. = = = from court cases = = = darity and mason [ 1998 ] summarize the court cases on discrimination, in which employers were found guilty and huge awards were rewarded for plaintiffs. they argue that such cases establish the existence of discrimination. the plaintiffs were women or non - whites ( st. petersburg times, 1997 ; inter press service, 1996 ; the chicago tribune, 1997 ; the new york times, 1993 ; the christian science monitor, 1983 ; los angeles times, 1996 ). some examples are the following : in 1997, the allegations for the publix super markets were " gender biases in on the job training, promotion, tenure and layoff policies ; wage discrimination ; occupational segregation ; hostile work environment " ( st. petersburg times, 1997, pp. 77 ). in 1996, allegations for texaco were " racially discriminatory hiring, promotion and salary policies " ( inter press service, 1996 ; the chicago tribune, 1997, pp. 77 ). the six black workers, who were the plaintiffs, gave the taped racist comments of the white corporate officials as evidence ( inter press service, 1996 ; the chicago tribune, 1997 ). in 1983, the general motors corporation was sued both for gender and racial discrimination ( the christian science monitor, 1983 ).
Answer:
|
he suffered severe bodily harm.
| 0.3 |
Dock was the unsuccessful suitor of Mary, who recently announced her engagement to Paul. Angered by her engagement, Dock sent Mary the following letter: "I hope you know what you are doing. The man you think you love wears women's clothes when at home. A Friend." The receipt of this letter caused Mary great emotional distress. She hysterically telephoned Paul, read him the letter, and told him that she was breaking their engagement. The contents of the letter were not revealed to others Paul, who was a young attorney in the state attorney's office, suffered serious humiliation and emotional distress as a result of the broken engagement. If Paul asserts a claim against Dock based on defamation and it is proved that Dock's statement was true, such proof will be
0. a defense by itself.
1. a defense only if Dock was not actuated by malice.
2. a defense only if Dock reasonably believed it to be true.
3. no defense by itself
##7801210387749. pmid 21164211. s2cid 31206244. gilmore, leigh ( 2018 - 08 - 04 ). tainted witness : why we doubt what women say about their lives. columbia university press. isbn 9780231177153. lisak, david ; gardinier, lori ; nicksa, sarah c. ; cote, ashley m. ( 2010 ). " false allegations of sexual assualt [ sic ] : an analysis of ten years of reported cases ". violence against women. 16 ( 12 ) : 1318 β 34. doi : 10. 1177 / 1077801210387747. pmid 21164210. s2cid 15377916. miller, t. christian ( 2018 ). a false report : a true story of rape in america. crown publishers. isbn 978 - 1524759933. = = external links = = dr. carol tavris'presentation at tam 2014 who's lying, who's self - justifying? origins of the he said / she said gap in sexual allegations ( online video )
long known of marsh and cope's rivalry, the public became aware of the shameful conduct of the two men when the new york herald published a story with the headline " scientists wage bitter warfare. " according to author elizabeth noble shor, the scientific community was galvanized : most scientists of the day recoiled to find that cope's feud with marsh had become front - page news. those closest to the scientific fields under discussion, geology and vertebrate paleontology, certainly winced, particularly as they found themselves quoted, mentioned, or misspelled. the feud was not news to them, for it had lurked at their scientific meetings for two decades. most of them had already taken sides. in the newspaper articles, cope attacked marsh for plagiarism and financial mismanagement, and attacked powell for his geological classification errors and misspending of government - allocated funds. marsh and powell were each able to publish their own side of the story, filing their own charges against cope. ballou's articles were poorly researched, written, and read, and cope himself was smarting from a piece in the philadelphia inquirer which suggested the university of pennsylvania trustees would ask cope to step down unless he provided proof for his charges against marsh and powell. marsh himself kept the herald story alive with a fiery rebuttal, but by the end of january the story had faded from all the newspapers, and little changed between the bitter rivals. no congressional hearing was convened to investigate the misallocation of funds by powell, and neither cope nor marsh was held responsible for any of their mistakes, but some of ballou's charges against marsh came to be associated with the survey. facing anti - survey sentiment inflamed by western drought and concerns about takeovers of abandoned western homesteads, powell found himself the subject of larger scrutiny before the house appropriations committee. galvanized to action by marsh's perceived extravagance with survey funds, the appropriations committee demanded the survey's budget be itemized. when his appropriation was cut off in 1892, powell sent a terse telegram to marsh demanding his resignation, a personal slight as well as a financial one. at the same time, many of marsh's allies were retiring or had died, lessening his scientific credence. just as marsh's extravagant lifestyle was catching up with him, cope received a position on the texas geological survey. cope, still reeling from the personal attacks levied at him during the herald affair, did not take advantage of
. this caused an uproar among professional statisticians, whose criticisms were twofold : = = = the prosecutor's fallacy = = = firstly, meadow was accused of espousing the so - called prosecutor's fallacy in which the probability of " cause given effect " ( i. e. the true likelihood of a suspect's innocence ) is confused with that of " effect given cause " ( the likelihood that innocence will result in the observed double - cot - death ). in reality, these quantities can only be equated when the likelihood of the alternative hypothesis, in this case murder, is close to certainty. since murder ( and especially double murder ) is itself a rare event, the probability of clark's innocence was certainly far greater than meadow's figure suggested. an equivalent error is to accuse anybody who wins a lottery of fraud. = = = statistical independence = = = the second criticism was that meadow's calculation had assumed that cot deaths within a single family were statistically independent events, governed by a probability common to the entire affluent non - smoking population. no account had been taken of conditions specific to individual families ( such as a hypothesised " cot death gene " ) which might make some more vulnerable than others. the occurrence of one cot - death makes it likely that such conditions exist, and the probability of subsequent deaths is therefore greater than the group average ( estimates are mostly in the region of 1 : 100 ). combining these corrections with estimates of successive murder probabilities by affluent non - smokers, mathematics professor ray hill found that the probability of clark's guilt could be as low as 10 % ( based solely on the fact of two unexplained child deaths, and before any other evidence was considered ). in any case, a legal verdict is not to be rendered on the basis of statistics ; hill wrote, " guilt must be proved on the basis of forensic and other evidence and not on the basis of these statistics alone. my own personal view that she is innocent is based on my subjective assessment of all the aspects ". = = see also = = kathleen folbigg sally clark carol matthey = = references = =
). in price waterhouse, the plaintiff, ann hopkins, sued her employer when her proposal for partnership was dismissed and claimed it was because of her being a woman. the supreme court noted that hopkins β failure to meet gender norms was taken into account by price waterhouse when making their employment decision. the court stated in their decision that title vii is violated when sex - based considerations and / or gender is used to make decisions regarding employment. by using statutory interpretation in the majority opinion, the court in price waterhouse expanded the interpretation of title vii to β establish liability if a plaintiff proved sex was a β motivating β or β substantial β factor in a decision based on a mix of legitimate and illegitimate factors β. in oncale v. sundowner offshore services, inc., joseph oncale, an employee on an oil platform crew for sundowner offshore services claimed he was sexually harassed by other employees and received no support from management. oncale proceeded to file a complaint against his employer claiming his rights under title vii were violated by the sexual harassment that had taken place at work. the court ruled unanimously that all discrimination based on sex was in violation of title vii of the civil rights act regardless of the victim β s gender. the statutory interpretation by the court allowed for a precedent to be set for deciding the outcome in same - sex harassment cases. by establishing this precedent, the court made a statement for same - sex harassment cases that sets up the outcomes of numerous other cases centered on the question of lgbtq protections under title vii. in bostock v. clayton county, gerald bostock, an employee of clayton county, georgia, expressed interest in participating in a gay recreational softball league in 2013. shortly after, he was ridiculed by colleagues for his choices, including those related to his sexual orientation. after being abruptly fired for β conduct unbecoming of its employees, β bostock filed a claim with the eeoc because he believed his firing was discriminatory. bostock lays out his argument using the plain - text approach of statutory interpretation that the court agrees with and rules in his favor. the argument consisted of analyzing the broad meaning of β because of sex β and looking at the dictionary definition of β homosexual. β because of this statutory groundwork, bostock argues that discriminating against an employee for their sexual orientation β requires an employer to intentionally treat individual employees differently because of their sex, β and thus, is able to convince the court to rule that sexual orientation discrimination violates the protections laid out in title
civil discourse is to enhance understanding, then quieting or dismissing the truth in messages from historically underrepresented or harmed communities because they make visible " contempt " misses the aim of improving understanding β an interaction which has the consequence of reinforcing pre - existing systems of oppression, including communicative and informational oppression, whether intentional or otherwise. the implementation of fallacious arguments can all too easily invalidate the efforts of one party to make their case. james l. gibson notes that throughout history the utilization of ad hominem arguments to disparage an opponent's character often delegitimizes their defense. leaving the aggressor as the de facto victor as it then becomes unnecessary for them to refute any previous points made. in such exchanges very little benefit can be derived as the conversation is never able to evolve and more often than not the aggressor's party seeks only to serve their own ends. in on liberty, john stuart mill argues that the truth will emerge only in an environment of free expression. thomas jefferson makes a similar argument in virginia's bill for establishing religious freedom, a precursor to the first amendment to the united states constitution, where he said, " truth is great and will prevail if left to herself. she is the proper and sufficient antagonist to error, and has nothing to fear from the conflict, unless, by human interposition, disarmed of her natural weapons, free argument and debate ; errors ceasing to be dangerous when it is permitted freely to contradict them. " as media analysts like brooke gladstone of on the media have pointed out, no law of nature provides for the triumph of reason. history and the internet are proof that this belief is itself an untruth. gladstone wrote in the trouble with reality : a rumination on moral panic in our time ( 2017 ), " part of the problem stems from the fact that facts, even a lot of facts, do not constitute reality. reality is what forms after we filter, arrange, and prioritize those facts and marinate them in our values and traditions. reality is personal. " gladstone argues that most individuals will not seek for truth in a sea of information with varying levels of truthfulness and are more likely to agree with opinions that agree with their existing worldview β a tendency referred to as confirmation bias. in addition, people and organizations may now, as they have in the past, simply invent new reasoning for actions that previously would have been considered wrong or unethical. psychologist john
Answer:
|
a defense by itself.
| null |
Dock was the unsuccessful suitor of Mary, who recently announced her engagement to Paul. Angered by her engagement, Dock sent Mary the following letter: "I hope you know what you are doing. The man you think you love wears women's clothes when at home. A Friend." The receipt of this letter caused Mary great emotional distress. She hysterically telephoned Paul, read him the letter, and told him that she was breaking their engagement. The contents of the letter were not revealed to others Paul, who was a young attorney in the state attorney's office, suffered serious humiliation and emotional distress as a result of the broken engagement. If Paul asserts a claim against Dock based on defamation and it is proved that Dock's statement was true, such proof will be
0. a defense by itself.
1. a defense only if Dock was not actuated by malice.
2. a defense only if Dock reasonably believed it to be true.
3. no defense by itself
##7801210387749. pmid 21164211. s2cid 31206244. gilmore, leigh ( 2018 - 08 - 04 ). tainted witness : why we doubt what women say about their lives. columbia university press. isbn 9780231177153. lisak, david ; gardinier, lori ; nicksa, sarah c. ; cote, ashley m. ( 2010 ). " false allegations of sexual assualt [ sic ] : an analysis of ten years of reported cases ". violence against women. 16 ( 12 ) : 1318 β 34. doi : 10. 1177 / 1077801210387747. pmid 21164210. s2cid 15377916. miller, t. christian ( 2018 ). a false report : a true story of rape in america. crown publishers. isbn 978 - 1524759933. = = external links = = dr. carol tavris'presentation at tam 2014 who's lying, who's self - justifying? origins of the he said / she said gap in sexual allegations ( online video )
long known of marsh and cope's rivalry, the public became aware of the shameful conduct of the two men when the new york herald published a story with the headline " scientists wage bitter warfare. " according to author elizabeth noble shor, the scientific community was galvanized : most scientists of the day recoiled to find that cope's feud with marsh had become front - page news. those closest to the scientific fields under discussion, geology and vertebrate paleontology, certainly winced, particularly as they found themselves quoted, mentioned, or misspelled. the feud was not news to them, for it had lurked at their scientific meetings for two decades. most of them had already taken sides. in the newspaper articles, cope attacked marsh for plagiarism and financial mismanagement, and attacked powell for his geological classification errors and misspending of government - allocated funds. marsh and powell were each able to publish their own side of the story, filing their own charges against cope. ballou's articles were poorly researched, written, and read, and cope himself was smarting from a piece in the philadelphia inquirer which suggested the university of pennsylvania trustees would ask cope to step down unless he provided proof for his charges against marsh and powell. marsh himself kept the herald story alive with a fiery rebuttal, but by the end of january the story had faded from all the newspapers, and little changed between the bitter rivals. no congressional hearing was convened to investigate the misallocation of funds by powell, and neither cope nor marsh was held responsible for any of their mistakes, but some of ballou's charges against marsh came to be associated with the survey. facing anti - survey sentiment inflamed by western drought and concerns about takeovers of abandoned western homesteads, powell found himself the subject of larger scrutiny before the house appropriations committee. galvanized to action by marsh's perceived extravagance with survey funds, the appropriations committee demanded the survey's budget be itemized. when his appropriation was cut off in 1892, powell sent a terse telegram to marsh demanding his resignation, a personal slight as well as a financial one. at the same time, many of marsh's allies were retiring or had died, lessening his scientific credence. just as marsh's extravagant lifestyle was catching up with him, cope received a position on the texas geological survey. cope, still reeling from the personal attacks levied at him during the herald affair, did not take advantage of
. this caused an uproar among professional statisticians, whose criticisms were twofold : = = = the prosecutor's fallacy = = = firstly, meadow was accused of espousing the so - called prosecutor's fallacy in which the probability of " cause given effect " ( i. e. the true likelihood of a suspect's innocence ) is confused with that of " effect given cause " ( the likelihood that innocence will result in the observed double - cot - death ). in reality, these quantities can only be equated when the likelihood of the alternative hypothesis, in this case murder, is close to certainty. since murder ( and especially double murder ) is itself a rare event, the probability of clark's innocence was certainly far greater than meadow's figure suggested. an equivalent error is to accuse anybody who wins a lottery of fraud. = = = statistical independence = = = the second criticism was that meadow's calculation had assumed that cot deaths within a single family were statistically independent events, governed by a probability common to the entire affluent non - smoking population. no account had been taken of conditions specific to individual families ( such as a hypothesised " cot death gene " ) which might make some more vulnerable than others. the occurrence of one cot - death makes it likely that such conditions exist, and the probability of subsequent deaths is therefore greater than the group average ( estimates are mostly in the region of 1 : 100 ). combining these corrections with estimates of successive murder probabilities by affluent non - smokers, mathematics professor ray hill found that the probability of clark's guilt could be as low as 10 % ( based solely on the fact of two unexplained child deaths, and before any other evidence was considered ). in any case, a legal verdict is not to be rendered on the basis of statistics ; hill wrote, " guilt must be proved on the basis of forensic and other evidence and not on the basis of these statistics alone. my own personal view that she is innocent is based on my subjective assessment of all the aspects ". = = see also = = kathleen folbigg sally clark carol matthey = = references = =
). in price waterhouse, the plaintiff, ann hopkins, sued her employer when her proposal for partnership was dismissed and claimed it was because of her being a woman. the supreme court noted that hopkins β failure to meet gender norms was taken into account by price waterhouse when making their employment decision. the court stated in their decision that title vii is violated when sex - based considerations and / or gender is used to make decisions regarding employment. by using statutory interpretation in the majority opinion, the court in price waterhouse expanded the interpretation of title vii to β establish liability if a plaintiff proved sex was a β motivating β or β substantial β factor in a decision based on a mix of legitimate and illegitimate factors β. in oncale v. sundowner offshore services, inc., joseph oncale, an employee on an oil platform crew for sundowner offshore services claimed he was sexually harassed by other employees and received no support from management. oncale proceeded to file a complaint against his employer claiming his rights under title vii were violated by the sexual harassment that had taken place at work. the court ruled unanimously that all discrimination based on sex was in violation of title vii of the civil rights act regardless of the victim β s gender. the statutory interpretation by the court allowed for a precedent to be set for deciding the outcome in same - sex harassment cases. by establishing this precedent, the court made a statement for same - sex harassment cases that sets up the outcomes of numerous other cases centered on the question of lgbtq protections under title vii. in bostock v. clayton county, gerald bostock, an employee of clayton county, georgia, expressed interest in participating in a gay recreational softball league in 2013. shortly after, he was ridiculed by colleagues for his choices, including those related to his sexual orientation. after being abruptly fired for β conduct unbecoming of its employees, β bostock filed a claim with the eeoc because he believed his firing was discriminatory. bostock lays out his argument using the plain - text approach of statutory interpretation that the court agrees with and rules in his favor. the argument consisted of analyzing the broad meaning of β because of sex β and looking at the dictionary definition of β homosexual. β because of this statutory groundwork, bostock argues that discriminating against an employee for their sexual orientation β requires an employer to intentionally treat individual employees differently because of their sex, β and thus, is able to convince the court to rule that sexual orientation discrimination violates the protections laid out in title
civil discourse is to enhance understanding, then quieting or dismissing the truth in messages from historically underrepresented or harmed communities because they make visible " contempt " misses the aim of improving understanding β an interaction which has the consequence of reinforcing pre - existing systems of oppression, including communicative and informational oppression, whether intentional or otherwise. the implementation of fallacious arguments can all too easily invalidate the efforts of one party to make their case. james l. gibson notes that throughout history the utilization of ad hominem arguments to disparage an opponent's character often delegitimizes their defense. leaving the aggressor as the de facto victor as it then becomes unnecessary for them to refute any previous points made. in such exchanges very little benefit can be derived as the conversation is never able to evolve and more often than not the aggressor's party seeks only to serve their own ends. in on liberty, john stuart mill argues that the truth will emerge only in an environment of free expression. thomas jefferson makes a similar argument in virginia's bill for establishing religious freedom, a precursor to the first amendment to the united states constitution, where he said, " truth is great and will prevail if left to herself. she is the proper and sufficient antagonist to error, and has nothing to fear from the conflict, unless, by human interposition, disarmed of her natural weapons, free argument and debate ; errors ceasing to be dangerous when it is permitted freely to contradict them. " as media analysts like brooke gladstone of on the media have pointed out, no law of nature provides for the triumph of reason. history and the internet are proof that this belief is itself an untruth. gladstone wrote in the trouble with reality : a rumination on moral panic in our time ( 2017 ), " part of the problem stems from the fact that facts, even a lot of facts, do not constitute reality. reality is what forms after we filter, arrange, and prioritize those facts and marinate them in our values and traditions. reality is personal. " gladstone argues that most individuals will not seek for truth in a sea of information with varying levels of truthfulness and are more likely to agree with opinions that agree with their existing worldview β a tendency referred to as confirmation bias. in addition, people and organizations may now, as they have in the past, simply invent new reasoning for actions that previously would have been considered wrong or unethical. psychologist john
Answer:
|
a defense only if Dock reasonably believed it to be true.
| 0.3 |
Pemberton and three passengers, Able, Baker, and Charley, were injured when their car was struck by a truck owned by Mammoth Corporation and driven by Edwards. Helper, also a Mammoth employee, was riding in the truck. The issues in Pemberton v Mammoth include the negligence of Edwards in driving too fast and failing to wear glasses, and of Pemberton in failing to yield the right of way"Pemberton's counsel proffers evidence showing that shortly after the accident Mammoth put a speed governor on the truck involved in the accident. The judge should rule the proffered evidence
0. admissible as an admission of a party.
1. admissible as res gestae.
2. inadmissible for public policy reasons.
3. inadmissible, because it would lead to the drawing of an inference on an inference
, among other things, the reliability and fit of the methods described by the expert. after an extensive examination and discussion of the 3 - step process used by the expert, the court found that the methodology appropriately fit the specific facts of the case, and that a population - based ( epidemiologic ) approach was an appropriate part of the causal methodology. the court denied the defendant's motion to strike the expert's testimony in the order, which was entered on 3 / 31 / 14. the defendant appealed the ruling from the district court, and in july 2016, the tenth circuit u. s. court of appeals affirmed the 3 - step causal methodology as generally accepted and well established for assessing injury causation, under the daubert standard. see etherton v. auto - owners insurance company, no. 14 - 1164 ( 10th cir, 7 / 19 / 16 ) [ 2 ]. = = = = hill viewpoints = = = = plausibility of an investigated association can be assessed in an fe investigation, in part, via application of the hill criteria, named for a 1965 publication by sir austin bradford - hill, in which he described nine " viewpoints " by which an association described in an epidemiologic study could be assessed for causality. hill declined to call his viewpoints " criteria " lest they be considered a checklist for assessing causation. the term " hill criteria " is used widely in the literature, however, and for convenience is used in the present discussion. of the nine criteria, there are seven that have utility for assessing the plausibility of an investigated specific causal relationship, as follows : coherence : a causal conclusion should not contradict present substantive knowledge. it should " make sense " given current knowledge analogy : the results of a previously described causal relationship may be translatable to the circumstances of a current investigation consistency : the repeated observation of the investigated relationship in different circumstances or across a number of studies lends strength to a causal inference specificity : the degree to which the exposure is associated with a particular outcome biological plausibility : the extent to which the observed association can be explained by known scientific principles experiment : in some cases there may be evidence from randomized experiments ( i. e., drug trials ) dose response : the probability, frequency, or severity of the outcome increases with increased amount of exposure subsequent authors have added the feature of challenge / dechallenge / rechallenge for circumstances when the exposure is repeated over time and there
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 β 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 β 48, 162 β 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
beyond the proximate edge of clear visibility and choose such a speed accordingly, transfers classic common law liability from that driver for his or her " blind " actions. this duty to assure clear distance ahead is inevitably transferred, as an externality to everybody or thing else who must instead warn the driver, such as the government, its road engineers, and maintainers. as it is generally probable and foreseeable that, chance will permit, and at some point there will be an obstruction beyond some driver's line of sight, such an entitlement challenges centuries of precedent in negligence doctrine in addition to posing difficult policy and engineering challenges. it also violates the calculus of negligence because speed is an inherent factor in vehicular accidents which are a leading cause of priceless life loss and lawsuits, and the burden of a precautions speed is radically lower than the former. the assumption of risk resulting from the unsafe activity of driving faster than one can stop within one's vision, does not depend ex post facto on what you happened to hit, for which by nature you could not have known ; it could have been a moose or a luxury car. furthermore, modern times still provide no legal remedies for darwinian misfortune upon the entire class of unwarnable accidents where drivers and their passengers would not have collided into the likes of a moose, livestock, fallen tree, rock, jetsam, horse - drawn vehicle, stalled vehicle, school bus, garbage truck, mail carrier, snowplow, washout, snow drift, or slid off the road, were it not for their decisions to drive faster than dictated by the assured clear distance ahead. regardless of what behavior an authority might encourage by fabricating new rights, it remains timeless that constituents cannot sue the wind for causing a wreck when it inevitably violates a " modern right to drive faster than permitted by the acda " by failing to warn them it knocked down a tree in a forest with many trees which all eventually fell. in this specific regard, jurisdictions which grant drivers the liberty to be fools from their own folly, are also condoning the collateral damage and life loss which is expected to occur. moreover, modern life - entrusting consumers of driving services and driverless cars who suffer such caused injury are left without legal remedy for foreseeable outcome of imprudent speed ; this in - turn unnecessarily transfers a substantive portion of the acda liability space into act of god, government claims, strict liability, or other findings from legal fiction which the justice system
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 β 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 β 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 β 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 β 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 β 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
affected by driver's being blinded by lights other than those of a motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 760. wade r. habeeb ( c. 2009 ). " liability or recovery in automobile negligence action as affected by driver's being blinded by lights of motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 551. l. s. tellier ( 2011 ). " right and duty of motorist on through, favored, or arterial street or highway to proceed where lateral view at intersection is obstructed by physical obstacle ". american law reports - - annotated, 2nd series. vol. 59. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1202. " " assured clear distance " statute or rule as applied at hill or curve ". american law reports - - annotated. vol. 133. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 967. " application of " assured clear distance ahead " or " radius of lights " doctrine to accident involving pedestrian crossing the street or highway ". american law reports - - annotated, 2nd series. vol. 31. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1424. " driving automobile at speed which prevents stopping within range of vision as negligence ". american law reports - - annotated, 2nd series. vol. 44, 58, 87, 97. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1403 ; 1493 ; 900 ; 546. " driver's failure to maintain proper distance from motor vehicle ahead ". american law reports - - annotated, 2nd series. vol. 85. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 613. " motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west
Answer:
|
inadmissible for public policy reasons.
| null |
Pemberton and three passengers, Able, Baker, and Charley, were injured when their car was struck by a truck owned by Mammoth Corporation and driven by Edwards. Helper, also a Mammoth employee, was riding in the truck. The issues in Pemberton v Mammoth include the negligence of Edwards in driving too fast and failing to wear glasses, and of Pemberton in failing to yield the right of way"Pemberton's counsel proffers evidence showing that shortly after the accident Mammoth put a speed governor on the truck involved in the accident. The judge should rule the proffered evidence
0. admissible as an admission of a party.
1. admissible as res gestae.
2. inadmissible for public policy reasons.
3. inadmissible, because it would lead to the drawing of an inference on an inference
, among other things, the reliability and fit of the methods described by the expert. after an extensive examination and discussion of the 3 - step process used by the expert, the court found that the methodology appropriately fit the specific facts of the case, and that a population - based ( epidemiologic ) approach was an appropriate part of the causal methodology. the court denied the defendant's motion to strike the expert's testimony in the order, which was entered on 3 / 31 / 14. the defendant appealed the ruling from the district court, and in july 2016, the tenth circuit u. s. court of appeals affirmed the 3 - step causal methodology as generally accepted and well established for assessing injury causation, under the daubert standard. see etherton v. auto - owners insurance company, no. 14 - 1164 ( 10th cir, 7 / 19 / 16 ) [ 2 ]. = = = = hill viewpoints = = = = plausibility of an investigated association can be assessed in an fe investigation, in part, via application of the hill criteria, named for a 1965 publication by sir austin bradford - hill, in which he described nine " viewpoints " by which an association described in an epidemiologic study could be assessed for causality. hill declined to call his viewpoints " criteria " lest they be considered a checklist for assessing causation. the term " hill criteria " is used widely in the literature, however, and for convenience is used in the present discussion. of the nine criteria, there are seven that have utility for assessing the plausibility of an investigated specific causal relationship, as follows : coherence : a causal conclusion should not contradict present substantive knowledge. it should " make sense " given current knowledge analogy : the results of a previously described causal relationship may be translatable to the circumstances of a current investigation consistency : the repeated observation of the investigated relationship in different circumstances or across a number of studies lends strength to a causal inference specificity : the degree to which the exposure is associated with a particular outcome biological plausibility : the extent to which the observed association can be explained by known scientific principles experiment : in some cases there may be evidence from randomized experiments ( i. e., drug trials ) dose response : the probability, frequency, or severity of the outcome increases with increased amount of exposure subsequent authors have added the feature of challenge / dechallenge / rechallenge for circumstances when the exposure is repeated over time and there
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 β 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 β 48, 162 β 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
beyond the proximate edge of clear visibility and choose such a speed accordingly, transfers classic common law liability from that driver for his or her " blind " actions. this duty to assure clear distance ahead is inevitably transferred, as an externality to everybody or thing else who must instead warn the driver, such as the government, its road engineers, and maintainers. as it is generally probable and foreseeable that, chance will permit, and at some point there will be an obstruction beyond some driver's line of sight, such an entitlement challenges centuries of precedent in negligence doctrine in addition to posing difficult policy and engineering challenges. it also violates the calculus of negligence because speed is an inherent factor in vehicular accidents which are a leading cause of priceless life loss and lawsuits, and the burden of a precautions speed is radically lower than the former. the assumption of risk resulting from the unsafe activity of driving faster than one can stop within one's vision, does not depend ex post facto on what you happened to hit, for which by nature you could not have known ; it could have been a moose or a luxury car. furthermore, modern times still provide no legal remedies for darwinian misfortune upon the entire class of unwarnable accidents where drivers and their passengers would not have collided into the likes of a moose, livestock, fallen tree, rock, jetsam, horse - drawn vehicle, stalled vehicle, school bus, garbage truck, mail carrier, snowplow, washout, snow drift, or slid off the road, were it not for their decisions to drive faster than dictated by the assured clear distance ahead. regardless of what behavior an authority might encourage by fabricating new rights, it remains timeless that constituents cannot sue the wind for causing a wreck when it inevitably violates a " modern right to drive faster than permitted by the acda " by failing to warn them it knocked down a tree in a forest with many trees which all eventually fell. in this specific regard, jurisdictions which grant drivers the liberty to be fools from their own folly, are also condoning the collateral damage and life loss which is expected to occur. moreover, modern life - entrusting consumers of driving services and driverless cars who suffer such caused injury are left without legal remedy for foreseeable outcome of imprudent speed ; this in - turn unnecessarily transfers a substantive portion of the acda liability space into act of god, government claims, strict liability, or other findings from legal fiction which the justice system
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 β 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 β 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 β 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 β 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 β 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
affected by driver's being blinded by lights other than those of a motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 760. wade r. habeeb ( c. 2009 ). " liability or recovery in automobile negligence action as affected by driver's being blinded by lights of motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 551. l. s. tellier ( 2011 ). " right and duty of motorist on through, favored, or arterial street or highway to proceed where lateral view at intersection is obstructed by physical obstacle ". american law reports - - annotated, 2nd series. vol. 59. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1202. " " assured clear distance " statute or rule as applied at hill or curve ". american law reports - - annotated. vol. 133. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 967. " application of " assured clear distance ahead " or " radius of lights " doctrine to accident involving pedestrian crossing the street or highway ". american law reports - - annotated, 2nd series. vol. 31. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1424. " driving automobile at speed which prevents stopping within range of vision as negligence ". american law reports - - annotated, 2nd series. vol. 44, 58, 87, 97. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1403 ; 1493 ; 900 ; 546. " driver's failure to maintain proper distance from motor vehicle ahead ". american law reports - - annotated, 2nd series. vol. 85. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 613. " motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west
Answer:
|
admissible as an admission of a party.
| 0.3 |
Pemberton and three passengers, Able, Baker, and Charley, were injured when their car was struck by a truck owned by Mammoth Corporation and driven by Edwards. Helper, also a Mammoth employee, was riding in the truck. The issues in Pemberton v Mammoth include the negligence of Edwards in driving too fast and failing to wear glasses, and of Pemberton in failing to yield the right of way"Pemberton's counsel seeks to introduce Helper's written statement that Edwards, Mammoth's driver, left his glasses (required by his operator's license) at the truck stop when they left it five minutes before the accident. The judge should rule the statement admissible only if
0. Pemberton first proves that Helper was an agent of Mammoth and that the statement concerned a matter within the scope of his agency.
1. Pemberton produces independent evidence that Edwards was not wearing corrective lenses at the time of the accident.
2. Helper is shown to be beyond the process of the court and unavailable to testify.
3. the statement was under oath in affidavit form.
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 β 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 β 48, 162 β 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 β 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 β 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 β 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 β 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 β 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
affected by driver's being blinded by lights other than those of a motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 760. wade r. habeeb ( c. 2009 ). " liability or recovery in automobile negligence action as affected by driver's being blinded by lights of motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 551. l. s. tellier ( 2011 ). " right and duty of motorist on through, favored, or arterial street or highway to proceed where lateral view at intersection is obstructed by physical obstacle ". american law reports - - annotated, 2nd series. vol. 59. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1202. " " assured clear distance " statute or rule as applied at hill or curve ". american law reports - - annotated. vol. 133. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 967. " application of " assured clear distance ahead " or " radius of lights " doctrine to accident involving pedestrian crossing the street or highway ". american law reports - - annotated, 2nd series. vol. 31. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1424. " driving automobile at speed which prevents stopping within range of vision as negligence ". american law reports - - annotated, 2nd series. vol. 44, 58, 87, 97. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1403 ; 1493 ; 900 ; 546. " driver's failure to maintain proper distance from motor vehicle ahead ". american law reports - - annotated, 2nd series. vol. 85. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 613. " motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west
, among other things, the reliability and fit of the methods described by the expert. after an extensive examination and discussion of the 3 - step process used by the expert, the court found that the methodology appropriately fit the specific facts of the case, and that a population - based ( epidemiologic ) approach was an appropriate part of the causal methodology. the court denied the defendant's motion to strike the expert's testimony in the order, which was entered on 3 / 31 / 14. the defendant appealed the ruling from the district court, and in july 2016, the tenth circuit u. s. court of appeals affirmed the 3 - step causal methodology as generally accepted and well established for assessing injury causation, under the daubert standard. see etherton v. auto - owners insurance company, no. 14 - 1164 ( 10th cir, 7 / 19 / 16 ) [ 2 ]. = = = = hill viewpoints = = = = plausibility of an investigated association can be assessed in an fe investigation, in part, via application of the hill criteria, named for a 1965 publication by sir austin bradford - hill, in which he described nine " viewpoints " by which an association described in an epidemiologic study could be assessed for causality. hill declined to call his viewpoints " criteria " lest they be considered a checklist for assessing causation. the term " hill criteria " is used widely in the literature, however, and for convenience is used in the present discussion. of the nine criteria, there are seven that have utility for assessing the plausibility of an investigated specific causal relationship, as follows : coherence : a causal conclusion should not contradict present substantive knowledge. it should " make sense " given current knowledge analogy : the results of a previously described causal relationship may be translatable to the circumstances of a current investigation consistency : the repeated observation of the investigated relationship in different circumstances or across a number of studies lends strength to a causal inference specificity : the degree to which the exposure is associated with a particular outcome biological plausibility : the extent to which the observed association can be explained by known scientific principles experiment : in some cases there may be evidence from randomized experiments ( i. e., drug trials ) dose response : the probability, frequency, or severity of the outcome increases with increased amount of exposure subsequent authors have added the feature of challenge / dechallenge / rechallenge for circumstances when the exposure is repeated over time and there
beyond the proximate edge of clear visibility and choose such a speed accordingly, transfers classic common law liability from that driver for his or her " blind " actions. this duty to assure clear distance ahead is inevitably transferred, as an externality to everybody or thing else who must instead warn the driver, such as the government, its road engineers, and maintainers. as it is generally probable and foreseeable that, chance will permit, and at some point there will be an obstruction beyond some driver's line of sight, such an entitlement challenges centuries of precedent in negligence doctrine in addition to posing difficult policy and engineering challenges. it also violates the calculus of negligence because speed is an inherent factor in vehicular accidents which are a leading cause of priceless life loss and lawsuits, and the burden of a precautions speed is radically lower than the former. the assumption of risk resulting from the unsafe activity of driving faster than one can stop within one's vision, does not depend ex post facto on what you happened to hit, for which by nature you could not have known ; it could have been a moose or a luxury car. furthermore, modern times still provide no legal remedies for darwinian misfortune upon the entire class of unwarnable accidents where drivers and their passengers would not have collided into the likes of a moose, livestock, fallen tree, rock, jetsam, horse - drawn vehicle, stalled vehicle, school bus, garbage truck, mail carrier, snowplow, washout, snow drift, or slid off the road, were it not for their decisions to drive faster than dictated by the assured clear distance ahead. regardless of what behavior an authority might encourage by fabricating new rights, it remains timeless that constituents cannot sue the wind for causing a wreck when it inevitably violates a " modern right to drive faster than permitted by the acda " by failing to warn them it knocked down a tree in a forest with many trees which all eventually fell. in this specific regard, jurisdictions which grant drivers the liberty to be fools from their own folly, are also condoning the collateral damage and life loss which is expected to occur. moreover, modern life - entrusting consumers of driving services and driverless cars who suffer such caused injury are left without legal remedy for foreseeable outcome of imprudent speed ; this in - turn unnecessarily transfers a substantive portion of the acda liability space into act of god, government claims, strict liability, or other findings from legal fiction which the justice system
Answer:
|
Pemberton first proves that Helper was an agent of Mammoth and that the statement concerned a matter within the scope of his agency.
| null |
Pemberton and three passengers, Able, Baker, and Charley, were injured when their car was struck by a truck owned by Mammoth Corporation and driven by Edwards. Helper, also a Mammoth employee, was riding in the truck. The issues in Pemberton v Mammoth include the negligence of Edwards in driving too fast and failing to wear glasses, and of Pemberton in failing to yield the right of way"Pemberton's counsel seeks to introduce Helper's written statement that Edwards, Mammoth's driver, left his glasses (required by his operator's license) at the truck stop when they left it five minutes before the accident. The judge should rule the statement admissible only if
0. Pemberton first proves that Helper was an agent of Mammoth and that the statement concerned a matter within the scope of his agency.
1. Pemberton produces independent evidence that Edwards was not wearing corrective lenses at the time of the accident.
2. Helper is shown to be beyond the process of the court and unavailable to testify.
3. the statement was under oath in affidavit form.
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 β 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 β 48, 162 β 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 β 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 β 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 β 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 β 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 β 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
affected by driver's being blinded by lights other than those of a motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 760. wade r. habeeb ( c. 2009 ). " liability or recovery in automobile negligence action as affected by driver's being blinded by lights of motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 551. l. s. tellier ( 2011 ). " right and duty of motorist on through, favored, or arterial street or highway to proceed where lateral view at intersection is obstructed by physical obstacle ". american law reports - - annotated, 2nd series. vol. 59. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1202. " " assured clear distance " statute or rule as applied at hill or curve ". american law reports - - annotated. vol. 133. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 967. " application of " assured clear distance ahead " or " radius of lights " doctrine to accident involving pedestrian crossing the street or highway ". american law reports - - annotated, 2nd series. vol. 31. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1424. " driving automobile at speed which prevents stopping within range of vision as negligence ". american law reports - - annotated, 2nd series. vol. 44, 58, 87, 97. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1403 ; 1493 ; 900 ; 546. " driver's failure to maintain proper distance from motor vehicle ahead ". american law reports - - annotated, 2nd series. vol. 85. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 613. " motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west
, among other things, the reliability and fit of the methods described by the expert. after an extensive examination and discussion of the 3 - step process used by the expert, the court found that the methodology appropriately fit the specific facts of the case, and that a population - based ( epidemiologic ) approach was an appropriate part of the causal methodology. the court denied the defendant's motion to strike the expert's testimony in the order, which was entered on 3 / 31 / 14. the defendant appealed the ruling from the district court, and in july 2016, the tenth circuit u. s. court of appeals affirmed the 3 - step causal methodology as generally accepted and well established for assessing injury causation, under the daubert standard. see etherton v. auto - owners insurance company, no. 14 - 1164 ( 10th cir, 7 / 19 / 16 ) [ 2 ]. = = = = hill viewpoints = = = = plausibility of an investigated association can be assessed in an fe investigation, in part, via application of the hill criteria, named for a 1965 publication by sir austin bradford - hill, in which he described nine " viewpoints " by which an association described in an epidemiologic study could be assessed for causality. hill declined to call his viewpoints " criteria " lest they be considered a checklist for assessing causation. the term " hill criteria " is used widely in the literature, however, and for convenience is used in the present discussion. of the nine criteria, there are seven that have utility for assessing the plausibility of an investigated specific causal relationship, as follows : coherence : a causal conclusion should not contradict present substantive knowledge. it should " make sense " given current knowledge analogy : the results of a previously described causal relationship may be translatable to the circumstances of a current investigation consistency : the repeated observation of the investigated relationship in different circumstances or across a number of studies lends strength to a causal inference specificity : the degree to which the exposure is associated with a particular outcome biological plausibility : the extent to which the observed association can be explained by known scientific principles experiment : in some cases there may be evidence from randomized experiments ( i. e., drug trials ) dose response : the probability, frequency, or severity of the outcome increases with increased amount of exposure subsequent authors have added the feature of challenge / dechallenge / rechallenge for circumstances when the exposure is repeated over time and there
beyond the proximate edge of clear visibility and choose such a speed accordingly, transfers classic common law liability from that driver for his or her " blind " actions. this duty to assure clear distance ahead is inevitably transferred, as an externality to everybody or thing else who must instead warn the driver, such as the government, its road engineers, and maintainers. as it is generally probable and foreseeable that, chance will permit, and at some point there will be an obstruction beyond some driver's line of sight, such an entitlement challenges centuries of precedent in negligence doctrine in addition to posing difficult policy and engineering challenges. it also violates the calculus of negligence because speed is an inherent factor in vehicular accidents which are a leading cause of priceless life loss and lawsuits, and the burden of a precautions speed is radically lower than the former. the assumption of risk resulting from the unsafe activity of driving faster than one can stop within one's vision, does not depend ex post facto on what you happened to hit, for which by nature you could not have known ; it could have been a moose or a luxury car. furthermore, modern times still provide no legal remedies for darwinian misfortune upon the entire class of unwarnable accidents where drivers and their passengers would not have collided into the likes of a moose, livestock, fallen tree, rock, jetsam, horse - drawn vehicle, stalled vehicle, school bus, garbage truck, mail carrier, snowplow, washout, snow drift, or slid off the road, were it not for their decisions to drive faster than dictated by the assured clear distance ahead. regardless of what behavior an authority might encourage by fabricating new rights, it remains timeless that constituents cannot sue the wind for causing a wreck when it inevitably violates a " modern right to drive faster than permitted by the acda " by failing to warn them it knocked down a tree in a forest with many trees which all eventually fell. in this specific regard, jurisdictions which grant drivers the liberty to be fools from their own folly, are also condoning the collateral damage and life loss which is expected to occur. moreover, modern life - entrusting consumers of driving services and driverless cars who suffer such caused injury are left without legal remedy for foreseeable outcome of imprudent speed ; this in - turn unnecessarily transfers a substantive portion of the acda liability space into act of god, government claims, strict liability, or other findings from legal fiction which the justice system
Answer:
|
the statement was under oath in affidavit form.
| 0.3 |
Pemberton and three passengers, Able, Baker, and Charley, were injured when their car was struck by a truck owned by Mammoth Corporation and driven by Edwards. Helper, also a Mammoth employee, was riding in the truck. The issues in Pemberton v Mammoth include the negligence of Edwards in driving too fast and failing to wear glasses, and of Pemberton in failing to yield the right of way"Mammoth's counsel seeks to have Sheriff testify that while he was investigating the accident he 59 was told by Pemberton, "This was probably our fault." The judge should rule the proffered evidence
0. admissible as an admission of a party.
1. admissible, because it is a statement made to a police officer in the course of an official investigation.
2. inadmissible, because it is a mixed conclusion of law and fact.
3. inadmissible, because it is hearsay, not within any exception
, among other things, the reliability and fit of the methods described by the expert. after an extensive examination and discussion of the 3 - step process used by the expert, the court found that the methodology appropriately fit the specific facts of the case, and that a population - based ( epidemiologic ) approach was an appropriate part of the causal methodology. the court denied the defendant's motion to strike the expert's testimony in the order, which was entered on 3 / 31 / 14. the defendant appealed the ruling from the district court, and in july 2016, the tenth circuit u. s. court of appeals affirmed the 3 - step causal methodology as generally accepted and well established for assessing injury causation, under the daubert standard. see etherton v. auto - owners insurance company, no. 14 - 1164 ( 10th cir, 7 / 19 / 16 ) [ 2 ]. = = = = hill viewpoints = = = = plausibility of an investigated association can be assessed in an fe investigation, in part, via application of the hill criteria, named for a 1965 publication by sir austin bradford - hill, in which he described nine " viewpoints " by which an association described in an epidemiologic study could be assessed for causality. hill declined to call his viewpoints " criteria " lest they be considered a checklist for assessing causation. the term " hill criteria " is used widely in the literature, however, and for convenience is used in the present discussion. of the nine criteria, there are seven that have utility for assessing the plausibility of an investigated specific causal relationship, as follows : coherence : a causal conclusion should not contradict present substantive knowledge. it should " make sense " given current knowledge analogy : the results of a previously described causal relationship may be translatable to the circumstances of a current investigation consistency : the repeated observation of the investigated relationship in different circumstances or across a number of studies lends strength to a causal inference specificity : the degree to which the exposure is associated with a particular outcome biological plausibility : the extent to which the observed association can be explained by known scientific principles experiment : in some cases there may be evidence from randomized experiments ( i. e., drug trials ) dose response : the probability, frequency, or severity of the outcome increases with increased amount of exposure subsequent authors have added the feature of challenge / dechallenge / rechallenge for circumstances when the exposure is repeated over time and there
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 β 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 β 48, 162 β 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 β 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 β 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 β 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 β 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 β 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
a juror engaged in such reasoning would ignore evidence unless the evidence itself can ( or cannot ) be supported by the judgment of the ultimate fact. i. e., jurors would ignore naked statistics ( such as the rate of traffic ) because the identity of the responsible bus wouldn't prove or disprove the statistics, but jurors would consider the weight attendant's testimony because his testimony could be supported ( or not ) by the identity of the responsible bus. in two additional experiments, participants were presented with the tire tracks case or the tire tracks - belief case. both cases relied on the testimony of a transportation official who examined the prints of tire tracks and compared them to the buses from the two companies. in the tire tracks case, the official testified that the tracks matched 80 % of the blue bus company buses, and 20 % of the gray bus company buses. in the tire tracks - belief case, the official testified that he used a tire - matching technique that provides correct results 80 % of the time, and he believed that a specific blue bus was responsible for the accident. as before, participants reported an average 80 % probability that a blue bus struck the dog in both cases. however, the tire tracks participants tended not to judge against the blue bus company, while the tire tracks - belief participants did. subsequent research has led to the proposal of an " ease - of - simulation " mechanism being responsible for the effect. niedermeier, kerr, and messe ( 1999 ) argued that jurors in wells's experiments ruled in favor of the blue bus company when they had an easier time imagining that the gray bus company was responsible for the accident. they replicated the wells effect but also included manipulations that were meant to make it easier to imagine that a gray bus was responsible. for instance, their partial - match / simulation case was similar to wells's tire tracks - belief case, except the witness was cross - examined by the defense and admitted that it was possible that a gray bus caused the accident. the researchers also probed participants with new questions meant to measure the ease of this mental simulation ( e. g., " on an 11 - point scale, how easy it was to imagine that a grey bus company bus ran over the dog " ). in these experiments, participants were less likely to make a judgment against the blue bus company in cases where they had an easier time imagining that a gray bus was responsible for the accident, even though they reported an identical probability that a blue bus was
affected by driver's being blinded by lights other than those of a motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 760. wade r. habeeb ( c. 2009 ). " liability or recovery in automobile negligence action as affected by driver's being blinded by lights of motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 551. l. s. tellier ( 2011 ). " right and duty of motorist on through, favored, or arterial street or highway to proceed where lateral view at intersection is obstructed by physical obstacle ". american law reports - - annotated, 2nd series. vol. 59. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1202. " " assured clear distance " statute or rule as applied at hill or curve ". american law reports - - annotated. vol. 133. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 967. " application of " assured clear distance ahead " or " radius of lights " doctrine to accident involving pedestrian crossing the street or highway ". american law reports - - annotated, 2nd series. vol. 31. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1424. " driving automobile at speed which prevents stopping within range of vision as negligence ". american law reports - - annotated, 2nd series. vol. 44, 58, 87, 97. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1403 ; 1493 ; 900 ; 546. " driver's failure to maintain proper distance from motor vehicle ahead ". american law reports - - annotated, 2nd series. vol. 85. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 613. " motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west
Answer:
|
admissible as an admission of a party.
| null |
Pemberton and three passengers, Able, Baker, and Charley, were injured when their car was struck by a truck owned by Mammoth Corporation and driven by Edwards. Helper, also a Mammoth employee, was riding in the truck. The issues in Pemberton v Mammoth include the negligence of Edwards in driving too fast and failing to wear glasses, and of Pemberton in failing to yield the right of way"Mammoth's counsel seeks to have Sheriff testify that while he was investigating the accident he 59 was told by Pemberton, "This was probably our fault." The judge should rule the proffered evidence
0. admissible as an admission of a party.
1. admissible, because it is a statement made to a police officer in the course of an official investigation.
2. inadmissible, because it is a mixed conclusion of law and fact.
3. inadmissible, because it is hearsay, not within any exception
, among other things, the reliability and fit of the methods described by the expert. after an extensive examination and discussion of the 3 - step process used by the expert, the court found that the methodology appropriately fit the specific facts of the case, and that a population - based ( epidemiologic ) approach was an appropriate part of the causal methodology. the court denied the defendant's motion to strike the expert's testimony in the order, which was entered on 3 / 31 / 14. the defendant appealed the ruling from the district court, and in july 2016, the tenth circuit u. s. court of appeals affirmed the 3 - step causal methodology as generally accepted and well established for assessing injury causation, under the daubert standard. see etherton v. auto - owners insurance company, no. 14 - 1164 ( 10th cir, 7 / 19 / 16 ) [ 2 ]. = = = = hill viewpoints = = = = plausibility of an investigated association can be assessed in an fe investigation, in part, via application of the hill criteria, named for a 1965 publication by sir austin bradford - hill, in which he described nine " viewpoints " by which an association described in an epidemiologic study could be assessed for causality. hill declined to call his viewpoints " criteria " lest they be considered a checklist for assessing causation. the term " hill criteria " is used widely in the literature, however, and for convenience is used in the present discussion. of the nine criteria, there are seven that have utility for assessing the plausibility of an investigated specific causal relationship, as follows : coherence : a causal conclusion should not contradict present substantive knowledge. it should " make sense " given current knowledge analogy : the results of a previously described causal relationship may be translatable to the circumstances of a current investigation consistency : the repeated observation of the investigated relationship in different circumstances or across a number of studies lends strength to a causal inference specificity : the degree to which the exposure is associated with a particular outcome biological plausibility : the extent to which the observed association can be explained by known scientific principles experiment : in some cases there may be evidence from randomized experiments ( i. e., drug trials ) dose response : the probability, frequency, or severity of the outcome increases with increased amount of exposure subsequent authors have added the feature of challenge / dechallenge / rechallenge for circumstances when the exposure is repeated over time and there
december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r. day ( december 1969 ). " assured clear distance doctrine in louisiana ". louisiana law review. 30 ( 1 ) : 129 β 139. alfred a. sniadowski ; john de mots ; charles s. reddy ; frank e. bright ( 1938 ). " recent decisions ". notre dame law review. 13 ( 4 ). richard m. nixon ( october 1936 ). " changing rules of liability in automobile accident litigation ". law and contemporary problems. 3 ( 4 ) : 476 β 490. doi : 10. 2307 / 1189341. issn 0023 - 9186. jstor 1189341. = = = = other printed resources = = = = david a. sklansky ( february 16, 2012 ). " ch. 9, 11, & 12 ". evidence : cases, commentary and problems ( 3 ed. ). aspen publishers. isbn 9781454806820. marc green ; et al. ( 2008 ). forensic vision with application to highway safety ( 3 ed. ). lawyers & judges publishing company, inc. p. 454. isbn 9781933264547. j. stannard baker ( 1963 ). traffic accident investigator's manual for police ( 2 ed. ). the traffic institute, northwestern university. pp. 44 β 48, 162 β 167. lccn 62 - 20895. a policy on geometric design of highways and streets ( 6th ed. ). american association of state highway and transportation officials. 2011. isbn 978 - 1560515081. brian wolshon ; anurag pande ( 2015 ). traffic engineering handbook ( 7th ed. ). institute of traffic engineers. isbn 978 - 1 - 118 - 76230 - 1. john c. glennon ; paul f. hill ( 2004 ). roadway safety and tort liability ( 2 ed. ). lawyers & judges publishing company, inc. isbn 978 - 1930056947. national cooperative highway research program ( 1997 ). nchrp report 400 : determination of stopping sight distances ( pdf ). transportation research board ( national academy press ). isbn 978 - 0 - 309 - 06073 - 8. national center for statistics and analysis ( 2015 ). 2013 traffic
" motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 933. " duty and liability of vehicle driver blinded by glare of lights ". american law reports - - annotated, 2nd series. vol. 22. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 292. " liability for killing or injuring, by motor vehicle, livestock or fowl on highway ". american law reports - - annotated, 4th series. vol. 55. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 822. r. j. h. ( january 1937 ). " the uniform motor vehicle act in virginia ". virginia law review. 23 ( 3 ) : 351 β 358. doi : 10. 2307 / 1067282. jstor 1067282. d. m. postlewaite ( 1935 ). " negligence - - doctrine of assured clear distance ahead - - statute as subjective test ". law journal of the student bar association of the ohio state university. 1 ( 3 ) : 284 β 287. hdl : 1811 / 72043. issn 0048 - 1572. thomas stanton ( july 1935 ). " negligence and contributory negligence per se : the " range of vision " and " blinding lights " rules in automobile accident cases ". california law review. 23 ( 5 ) : 498 β 506. doi : 10. 2307 / 3476106. jstor 3476106. myron l. garon ( autumn 1952 ). " recent developments in california's last clear chance doctrine ". california law review. 40 ( 3 ) : 404 β 411. doi : 10. 2307 / 3477930. jstor 3477930. murray carl lertzman ( 1954 ). " the assured clear distance ahead rule in ohio ". case western reserve law review. 5 ( 1 ) : 77 β 83. herbert a. bernhard ( december 1956 ). " negligence : breach of duty : assured clear distance ahead doctrine ". michigan law review. 55 ( 2 ) : 299 β 301. doi : 10. 2307 / 1285419. jstor 1285419. winston r
a juror engaged in such reasoning would ignore evidence unless the evidence itself can ( or cannot ) be supported by the judgment of the ultimate fact. i. e., jurors would ignore naked statistics ( such as the rate of traffic ) because the identity of the responsible bus wouldn't prove or disprove the statistics, but jurors would consider the weight attendant's testimony because his testimony could be supported ( or not ) by the identity of the responsible bus. in two additional experiments, participants were presented with the tire tracks case or the tire tracks - belief case. both cases relied on the testimony of a transportation official who examined the prints of tire tracks and compared them to the buses from the two companies. in the tire tracks case, the official testified that the tracks matched 80 % of the blue bus company buses, and 20 % of the gray bus company buses. in the tire tracks - belief case, the official testified that he used a tire - matching technique that provides correct results 80 % of the time, and he believed that a specific blue bus was responsible for the accident. as before, participants reported an average 80 % probability that a blue bus struck the dog in both cases. however, the tire tracks participants tended not to judge against the blue bus company, while the tire tracks - belief participants did. subsequent research has led to the proposal of an " ease - of - simulation " mechanism being responsible for the effect. niedermeier, kerr, and messe ( 1999 ) argued that jurors in wells's experiments ruled in favor of the blue bus company when they had an easier time imagining that the gray bus company was responsible for the accident. they replicated the wells effect but also included manipulations that were meant to make it easier to imagine that a gray bus was responsible. for instance, their partial - match / simulation case was similar to wells's tire tracks - belief case, except the witness was cross - examined by the defense and admitted that it was possible that a gray bus caused the accident. the researchers also probed participants with new questions meant to measure the ease of this mental simulation ( e. g., " on an 11 - point scale, how easy it was to imagine that a grey bus company bus ran over the dog " ). in these experiments, participants were less likely to make a judgment against the blue bus company in cases where they had an easier time imagining that a gray bus was responsible for the accident, even though they reported an identical probability that a blue bus was
affected by driver's being blinded by lights other than those of a motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 760. wade r. habeeb ( c. 2009 ). " liability or recovery in automobile negligence action as affected by driver's being blinded by lights of motor vehicle ". american law reports - - annotated, 3rd series. vol. 64. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 551. l. s. tellier ( 2011 ). " right and duty of motorist on through, favored, or arterial street or highway to proceed where lateral view at intersection is obstructed by physical obstacle ". american law reports - - annotated, 2nd series. vol. 59. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1202. " " assured clear distance " statute or rule as applied at hill or curve ". american law reports - - annotated. vol. 133. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 967. " application of " assured clear distance ahead " or " radius of lights " doctrine to accident involving pedestrian crossing the street or highway ". american law reports - - annotated, 2nd series. vol. 31. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1424. " driving automobile at speed which prevents stopping within range of vision as negligence ". american law reports - - annotated, 2nd series. vol. 44, 58, 87, 97. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 1403 ; 1493 ; 900 ; 546. " driver's failure to maintain proper distance from motor vehicle ahead ". american law reports - - annotated, 2nd series. vol. 85. the lawyers co - operative publishing company ; bancroft - whitney ; west group annotation company. p. 613. " motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam ". american law reports - - annotated, 4th series. vol. 32. the lawyers co - operative publishing company ; bancroft - whitney ; west
Answer:
|
inadmissible, because it is hearsay, not within any exception
| 0.3 |
The city of Newtown adopted an ordinance providing that street demonstrations involving more than 15 persons may not be held in commercial areas during "rush" hours. "Exceptions" may be made to the prohibition "upon 24-hour advance application to an approval by the police department." The ordinance also imposes sanctions on any person "who shall, without provocation, use to or of another, and in his presence, opprobrious words or abusive language tending to cause a breach of the peace." The ordinance has not yet had either judicial or administrative interpretation. Which of the following is the strongest argument for the unconstitutionality of both parts of the ordinance on their face?
0. No type of prior restraint may be imposed on speech in public places.
1. Laws regulating, by their terms, expressive conduct or speech may not be overbroad or unduly vague.
2. The determination as to whether public gatherings may be lawfully held cannot be vested in the police.
3. The right of association in public places without interference is assured by the First and Fourteenth Amendments
in foreign wars, who believe it is an obligation to disrupt and picket funerals, especially those of deceased military veterans. this provision must not infringe on constitutionally protected free speech. illinois h ( 720 ilcs 5 / 26 6 ) has a comprehensive provision covering more aspects of this event than noise. they failed to use β plainly audible β which is narrower than β audible β. utah ( section 76 - 9 - 108 ) restricts disruptive activity to beyond 200 feet. = = = = loading and unloading operations = = = = this provision is a subjective immission control with a curfew. operations in commercial facilities can impact adjacent residential zones. los angeles, ca ( section 114. 03 ) places a curfew on such operations between 10pm and 7am but only if the source is within 200 feet of a residence. chicago, il ( section 11 - 4 - 2830 ) permits night operations unless they create a noise disturbance. hammond, in ( section 6. 2. 6 ) prohibits noise disturbance between 7pm and 7am. = = = = maximum permissible sound pressure levels = = = = this provision is an objective immission control. it requires the measurement of sound levels at or beyond a property line and its vertical extension. there are several methods for implementing such a provision : it may not permit any exceedence or may permit exceedence only for a percentage of the measurement period. it may require the measurement method to be instantaneous, such as db ( a ) or time - averaged, such as energy equivalent level ( leq ). it may be a fixed level limit, such as 55 db ( a ), or it may be a level relative to the ambient sound, such as 5 db ( a ) above the ambient. it may require measurement of the frequency spectrum, such as one octave bands, or a - weighting, such as db ( a ). it may define different maximum levels based on zoning criteria, such as residential, commercial, or industrial. it may define different maximum levels based on time - of - day or day - of - week, such as reduced maxima during night hours or on weekends. it may require reduction of maximum levels based on the character of the sound, such as intermittent or impulsive. it may exempt certain classes of sound sources, such as shooting ranges, farm equipment, emergency equipment, railroads, or licensed activities. most noise ordinances set maximum levels for two time periods : day ( 7am to 10pm ) and night ( 10pm to 7
for a noise ordinance. excess non - occupational noise exposure, hearing loss on both public and private property, speech interference on both public and private property, audio interference on both public and private property, and sleep interference on mostly private property. = = = some legal considerations in the united states = = = there are several fundamental issues that shape the legality, effectiveness and enforceability of any community noise regulation. = = = = preemption = = = = the federal government has preempted certain areas of noise regulation. they can be found in the code of federal regulations under the epa noise abatement programs ; parts 201 to 205 and 211 cover railroads, motor carriers in interstate commerce, construction equipment, and motor vehicles. they require product labeling and prohibit tampering with noise control devices. communities may enact regulations that are no more strict than the federal ones so that local enforcement can be carried out. they can enact curfews and restrict vehicle use in established zones such as residential. any restriction on interstate motor carriers or railroads may not be for the purpose of noise control. states have police powers granted by the constitution. they may also enact regulations that are no more strict than federal regulations. they may also preempt local ordinances. california and new jersey have comprehensive noise codes that communities must meet. many states required that local ordinances be no more strict than the state code whether such code exists or not. one relatively common preemption is protection of shooting ranges from noise regulation or litigation and right to farm laws that protect agricultural areas from nuisance litigation by encroaching residential areas. = = = = constitutional vagueness = = = = in one state court case, the court declared that numerical sound levels were constitutional as not void for vagueness, as the term plainly audible provided it was associated with a reasonable distance. two requirements for a noise ordinance provision is that : provide fair warning avoid the possibility of arbitrary enforcement = = = = overbreadth = = = = in one supreme court case the court ruled that the specificity of the city ordinance regulating school verbal protests was not constitutionally vague, gave fair warning, and was not an invitation to arbitrary enforcement and so was not overbroad, despite the implied limitation on free speech. = = = = nuisance = = = = nuisance law applies to both community noise regulation as well as private suits brought to court to reduce noise impact. = = = = enforceability = = = = care must be taken in writing a subjective noise provision so that
insulting and uncivil but is an approach that can gain attention to the cause, according to the charles koch institute. the paradox of tolerance is also a challenge to civil discourse through the argument that the freedom of expression has limits. according to the paradox of tolerance, tolerating the intolerant will eventually lead to the intolerant destroying tolerance within the society. in other words, tolerance must have limits if a society is to remain truly tolerant and accepting. in many cases, tolerance can be used as an act of oppression against the marginalized within a society. a humane society must have the goal of tolerance, which includes the elimination of violence and the protection of people from cruelty and injustice. in relation to civil discourse, civil arguments about subjects such human rights or injustices could be considered not constructive under the paradox of tolerance. if the goal is to advance the public interest, even hearing out polite intolerance will eventually result in a less tolerant society. lastly, the classified nature of some information challenges civil discourse through forced censorship. a good example of this is classified information that only government officials or even as high up as the president are privy to. however, the importance of preservation comes into play here, as documents that were once classified and unavailable to the public are supposed to eventually become public record at a later date. what this encourages is not only accountability but truthfulness for those involved in confidential matters. if those involved know that the records will one day be open information for public scrutiny, then it should encourage honest and rational behavior today. = = combating misinformation to improve civil discourse = = recent research highlights the profound impact of misinformation and disinformation on civil discourse, with several key findings and initiatives shedding light on this issue. disinformation undermines democratic processes by eroding trust in institutions and spreading false narratives that can lead to real - world consequences, such as violence and policy changes. for instance, disinformation campaigns often exploit social and racial divisions, perpetuating inequality and justifying discriminatory policies. the january 6th insurrection and the spread of covid - 19 misinformation are notable examples where disinformation had dire societal impacts. = = = educational interventions = = = addressing the issue of disinformation involves enhancing media literacy, particularly among young people. research from stanford university emphasizes the importance of teaching high school students how to critically evaluate online content. their studies found that many students struggle to distinguish between credible news and misleading information. programs like stanford
us states have a right to farm act that limits nuisance litigation. florida stated that it was a purpose of their act to protect reasonable agricultural activities conducted on farm land from nuisance suits. they also added a section that limited expand of operations without consideration of noise. fairfax county, va ( sections 105 - 4 - 4 and 108 - 5 - 1 ) require agricultural operation to meet maximum land use regulations and prohibit unnecessary noise. british columbia ministry of agriculture ( farm nuisance noise document ) have developed a comprehensive set of rules for cannon use. = = = = public address systems = = = = this provision is a subjective immission control. it can contain a plainly audible term or a curfew. it is applied to commercial facilities using a sound system to deliberately propagate mostly speech, but also music. most cities have provisions relevant to this subject. lakewood, co ( sections 9. 52. 06 and 09. 52. 160 ) used plainly audible as a regulatory tool and prohibits the sounding of bells, or chimes from 10 pm to 7 am. charlotte, nc ( section 15 - 69 ( a ) ( 4 ) ) limits levels to 60 db ( a ) at 50 feet from 9 am to 9 pm and 50 db ( a ) at other times. indianapolis, in ( section 391 - 505 ) addresses broadcasts from aircraft. connecticut ( section 22a - 69 - 1. 7 ) exempts bells, carillons, and chimes from religious facilities. = = = = sound reproduction devices = = = = this provision is subjective immission control. it may contain a numerical level or a plainly audible term and a curfew. it is applied to specific sources of sound as opposed to any location at which the sound is created. it is applied primarily to amplified sound sources. older provisions listed several items such as televisions, phonographs, etc. changing the title to the above addresses the real issue and allows for novel sound production devices. numerous communities have provisions for these devices ; many use plainly audible as the criterion, such as omaha, ne ( section 17 - 3 ) and buffalo ny ( section 293 - 4 ) = = = = stadiums and outdoor music festivals = = = = this provision can be either a subjective or objective immission control with a curfew. the subjective aspect relates to noise disturbance in the local community. the objective aspect limits the acceptable sound level in the local community. illinois ( environmental protection act 415. 25 ) exempts certain stadiums and exempts festivals, parades, or street fairs
adopted in schools has been implemented too harshly, however, with unintended consequences creating other problems. in addition to this, the shooting also affected student speech rights. school officials became more concerned about student expression, mainly if it was violent or threatening, which put students'first amendment rights at risk. there have been legal battles over students'rights to free expression, as different judges have had varying interpretations of what constitutes a genuine threat and how much discretion school officials should have in regulating student speech. this has made it a complex issue for schools and courts to balance safety and freedom of expression. = = police tactics = = police departments have reassessed their tactics and have since trained for columbine - like situations after criticism over the slow response and progress of the swat teams during the shooting. first responders face numerous challenges when entering situations like this. in a similar incident, a police department had to deal with over 1500 misleading calls to the dispatch center during the first two hours of the incident, which underscores the difficulties that law enforcement officials face in managing misinformation distractions during active shooter incidents. training has been increased and now includes quick deployment rules while schools are rethinking emergency policies. the pacifica ca police department has created a tactical playbook that gives planning and equips responders with strategic direction for coordinating responses between agencies when facing mass violence. police followed a traditional tactic at columbine : surround the building, set up a perimeter, and contain the damage. that approach has been replaced by a tactic known as the immediate action rapid deployment tactic. this tactic calls for a team to advance into the site of any ongoing shooting, but even with just a single officer if more are not available. in fact, the majority of active shooters are stopped by a single officer. police officers using this tactic are trained to move toward the sound of gunfire in formation and neutralize the shooter as quickly as possible. there has been widespread adoption of high - strength body armor and patrol rifles by police departments across the united states in response to the increased active shooter threat. their goal is to stop the shooter at all costs ; they are to walk past wounded victims, as the aim is to prevent the shooter from killing or wounding more. dave cullen has stated : " the active protocol has proved successful at numerous shootings... at virginia tech alone, it probably saved dozens of lives. " the russian prosecutor general's office actively sought to deter incitement to commit such copycat attacks. on 2 february 2022, with
Answer:
|
Laws regulating, by their terms, expressive conduct or speech may not be overbroad or unduly vague.
| null |
The city of Newtown adopted an ordinance providing that street demonstrations involving more than 15 persons may not be held in commercial areas during "rush" hours. "Exceptions" may be made to the prohibition "upon 24-hour advance application to an approval by the police department." The ordinance also imposes sanctions on any person "who shall, without provocation, use to or of another, and in his presence, opprobrious words or abusive language tending to cause a breach of the peace." The ordinance has not yet had either judicial or administrative interpretation. Which of the following is the strongest argument for the unconstitutionality of both parts of the ordinance on their face?
0. No type of prior restraint may be imposed on speech in public places.
1. Laws regulating, by their terms, expressive conduct or speech may not be overbroad or unduly vague.
2. The determination as to whether public gatherings may be lawfully held cannot be vested in the police.
3. The right of association in public places without interference is assured by the First and Fourteenth Amendments
in foreign wars, who believe it is an obligation to disrupt and picket funerals, especially those of deceased military veterans. this provision must not infringe on constitutionally protected free speech. illinois h ( 720 ilcs 5 / 26 6 ) has a comprehensive provision covering more aspects of this event than noise. they failed to use β plainly audible β which is narrower than β audible β. utah ( section 76 - 9 - 108 ) restricts disruptive activity to beyond 200 feet. = = = = loading and unloading operations = = = = this provision is a subjective immission control with a curfew. operations in commercial facilities can impact adjacent residential zones. los angeles, ca ( section 114. 03 ) places a curfew on such operations between 10pm and 7am but only if the source is within 200 feet of a residence. chicago, il ( section 11 - 4 - 2830 ) permits night operations unless they create a noise disturbance. hammond, in ( section 6. 2. 6 ) prohibits noise disturbance between 7pm and 7am. = = = = maximum permissible sound pressure levels = = = = this provision is an objective immission control. it requires the measurement of sound levels at or beyond a property line and its vertical extension. there are several methods for implementing such a provision : it may not permit any exceedence or may permit exceedence only for a percentage of the measurement period. it may require the measurement method to be instantaneous, such as db ( a ) or time - averaged, such as energy equivalent level ( leq ). it may be a fixed level limit, such as 55 db ( a ), or it may be a level relative to the ambient sound, such as 5 db ( a ) above the ambient. it may require measurement of the frequency spectrum, such as one octave bands, or a - weighting, such as db ( a ). it may define different maximum levels based on zoning criteria, such as residential, commercial, or industrial. it may define different maximum levels based on time - of - day or day - of - week, such as reduced maxima during night hours or on weekends. it may require reduction of maximum levels based on the character of the sound, such as intermittent or impulsive. it may exempt certain classes of sound sources, such as shooting ranges, farm equipment, emergency equipment, railroads, or licensed activities. most noise ordinances set maximum levels for two time periods : day ( 7am to 10pm ) and night ( 10pm to 7
for a noise ordinance. excess non - occupational noise exposure, hearing loss on both public and private property, speech interference on both public and private property, audio interference on both public and private property, and sleep interference on mostly private property. = = = some legal considerations in the united states = = = there are several fundamental issues that shape the legality, effectiveness and enforceability of any community noise regulation. = = = = preemption = = = = the federal government has preempted certain areas of noise regulation. they can be found in the code of federal regulations under the epa noise abatement programs ; parts 201 to 205 and 211 cover railroads, motor carriers in interstate commerce, construction equipment, and motor vehicles. they require product labeling and prohibit tampering with noise control devices. communities may enact regulations that are no more strict than the federal ones so that local enforcement can be carried out. they can enact curfews and restrict vehicle use in established zones such as residential. any restriction on interstate motor carriers or railroads may not be for the purpose of noise control. states have police powers granted by the constitution. they may also enact regulations that are no more strict than federal regulations. they may also preempt local ordinances. california and new jersey have comprehensive noise codes that communities must meet. many states required that local ordinances be no more strict than the state code whether such code exists or not. one relatively common preemption is protection of shooting ranges from noise regulation or litigation and right to farm laws that protect agricultural areas from nuisance litigation by encroaching residential areas. = = = = constitutional vagueness = = = = in one state court case, the court declared that numerical sound levels were constitutional as not void for vagueness, as the term plainly audible provided it was associated with a reasonable distance. two requirements for a noise ordinance provision is that : provide fair warning avoid the possibility of arbitrary enforcement = = = = overbreadth = = = = in one supreme court case the court ruled that the specificity of the city ordinance regulating school verbal protests was not constitutionally vague, gave fair warning, and was not an invitation to arbitrary enforcement and so was not overbroad, despite the implied limitation on free speech. = = = = nuisance = = = = nuisance law applies to both community noise regulation as well as private suits brought to court to reduce noise impact. = = = = enforceability = = = = care must be taken in writing a subjective noise provision so that
insulting and uncivil but is an approach that can gain attention to the cause, according to the charles koch institute. the paradox of tolerance is also a challenge to civil discourse through the argument that the freedom of expression has limits. according to the paradox of tolerance, tolerating the intolerant will eventually lead to the intolerant destroying tolerance within the society. in other words, tolerance must have limits if a society is to remain truly tolerant and accepting. in many cases, tolerance can be used as an act of oppression against the marginalized within a society. a humane society must have the goal of tolerance, which includes the elimination of violence and the protection of people from cruelty and injustice. in relation to civil discourse, civil arguments about subjects such human rights or injustices could be considered not constructive under the paradox of tolerance. if the goal is to advance the public interest, even hearing out polite intolerance will eventually result in a less tolerant society. lastly, the classified nature of some information challenges civil discourse through forced censorship. a good example of this is classified information that only government officials or even as high up as the president are privy to. however, the importance of preservation comes into play here, as documents that were once classified and unavailable to the public are supposed to eventually become public record at a later date. what this encourages is not only accountability but truthfulness for those involved in confidential matters. if those involved know that the records will one day be open information for public scrutiny, then it should encourage honest and rational behavior today. = = combating misinformation to improve civil discourse = = recent research highlights the profound impact of misinformation and disinformation on civil discourse, with several key findings and initiatives shedding light on this issue. disinformation undermines democratic processes by eroding trust in institutions and spreading false narratives that can lead to real - world consequences, such as violence and policy changes. for instance, disinformation campaigns often exploit social and racial divisions, perpetuating inequality and justifying discriminatory policies. the january 6th insurrection and the spread of covid - 19 misinformation are notable examples where disinformation had dire societal impacts. = = = educational interventions = = = addressing the issue of disinformation involves enhancing media literacy, particularly among young people. research from stanford university emphasizes the importance of teaching high school students how to critically evaluate online content. their studies found that many students struggle to distinguish between credible news and misleading information. programs like stanford
us states have a right to farm act that limits nuisance litigation. florida stated that it was a purpose of their act to protect reasonable agricultural activities conducted on farm land from nuisance suits. they also added a section that limited expand of operations without consideration of noise. fairfax county, va ( sections 105 - 4 - 4 and 108 - 5 - 1 ) require agricultural operation to meet maximum land use regulations and prohibit unnecessary noise. british columbia ministry of agriculture ( farm nuisance noise document ) have developed a comprehensive set of rules for cannon use. = = = = public address systems = = = = this provision is a subjective immission control. it can contain a plainly audible term or a curfew. it is applied to commercial facilities using a sound system to deliberately propagate mostly speech, but also music. most cities have provisions relevant to this subject. lakewood, co ( sections 9. 52. 06 and 09. 52. 160 ) used plainly audible as a regulatory tool and prohibits the sounding of bells, or chimes from 10 pm to 7 am. charlotte, nc ( section 15 - 69 ( a ) ( 4 ) ) limits levels to 60 db ( a ) at 50 feet from 9 am to 9 pm and 50 db ( a ) at other times. indianapolis, in ( section 391 - 505 ) addresses broadcasts from aircraft. connecticut ( section 22a - 69 - 1. 7 ) exempts bells, carillons, and chimes from religious facilities. = = = = sound reproduction devices = = = = this provision is subjective immission control. it may contain a numerical level or a plainly audible term and a curfew. it is applied to specific sources of sound as opposed to any location at which the sound is created. it is applied primarily to amplified sound sources. older provisions listed several items such as televisions, phonographs, etc. changing the title to the above addresses the real issue and allows for novel sound production devices. numerous communities have provisions for these devices ; many use plainly audible as the criterion, such as omaha, ne ( section 17 - 3 ) and buffalo ny ( section 293 - 4 ) = = = = stadiums and outdoor music festivals = = = = this provision can be either a subjective or objective immission control with a curfew. the subjective aspect relates to noise disturbance in the local community. the objective aspect limits the acceptable sound level in the local community. illinois ( environmental protection act 415. 25 ) exempts certain stadiums and exempts festivals, parades, or street fairs
adopted in schools has been implemented too harshly, however, with unintended consequences creating other problems. in addition to this, the shooting also affected student speech rights. school officials became more concerned about student expression, mainly if it was violent or threatening, which put students'first amendment rights at risk. there have been legal battles over students'rights to free expression, as different judges have had varying interpretations of what constitutes a genuine threat and how much discretion school officials should have in regulating student speech. this has made it a complex issue for schools and courts to balance safety and freedom of expression. = = police tactics = = police departments have reassessed their tactics and have since trained for columbine - like situations after criticism over the slow response and progress of the swat teams during the shooting. first responders face numerous challenges when entering situations like this. in a similar incident, a police department had to deal with over 1500 misleading calls to the dispatch center during the first two hours of the incident, which underscores the difficulties that law enforcement officials face in managing misinformation distractions during active shooter incidents. training has been increased and now includes quick deployment rules while schools are rethinking emergency policies. the pacifica ca police department has created a tactical playbook that gives planning and equips responders with strategic direction for coordinating responses between agencies when facing mass violence. police followed a traditional tactic at columbine : surround the building, set up a perimeter, and contain the damage. that approach has been replaced by a tactic known as the immediate action rapid deployment tactic. this tactic calls for a team to advance into the site of any ongoing shooting, but even with just a single officer if more are not available. in fact, the majority of active shooters are stopped by a single officer. police officers using this tactic are trained to move toward the sound of gunfire in formation and neutralize the shooter as quickly as possible. there has been widespread adoption of high - strength body armor and patrol rifles by police departments across the united states in response to the increased active shooter threat. their goal is to stop the shooter at all costs ; they are to walk past wounded victims, as the aim is to prevent the shooter from killing or wounding more. dave cullen has stated : " the active protocol has proved successful at numerous shootings... at virginia tech alone, it probably saved dozens of lives. " the russian prosecutor general's office actively sought to deter incitement to commit such copycat attacks. on 2 february 2022, with
Answer:
|
No type of prior restraint may be imposed on speech in public places.
| 0.3 |
While Defendant was in jail on a procuring charge, his landlord called the police because rent had not been paid and because he detected a disagreeable odor coming from Defendant's apartment into the hallways. The police officer who responded to the call knew that Defendant was in jail. He recognized the stench coming from Defendant's apartment as that of decomposing flesh and, without waiting to obtain a warrant and using the landlord's passkey, entered the apartment with the landlord's consent. The lease to these premises gave the landlord a right of entry, at any reasonable hour, for the purpose of making repairs. The police officer found a large trunk in the bedroom which seemed to be the source of the odor. Upon breaking it open, he found the remains of Rosette, Defendant's former mistress. "The landlord's consent to the police officer's search of Defendant's apartment is
0. a waiver of Defendant's Fourth Amendment rights, because a landlord has implied consent to enter a tenant's apartment.
1. a waiver of Defendant's Fourth Amendment rights, because the lease gave the landlord express authority to enter the premises.
2. not a waiver of Defendant's Fourth Amendment rights, because the landlord lacked probable cause to believe that a crime was then in the process of commission.
3. not a waiver of Defendant's Fourth Amendment rights, because the landlord had neither actual nor apparent authority to permit the entry
day of the incident, and was immediately dismissed from his position after the police concluded their investigation. afterwards, the male teacher committed suicide. in 2020, the court ruled that if a teacher who was branded a sexual molester because students made exaggerated reports made an extreme choice, it should be recognised as a death in the line of duty. accordingly, the court recognised his death in the line of duty. = = = false accusation of sexual crime in hwaseong city in 2024 = = = in june 2024, in hwaseong city, a woman in her 50s falsely accused a man in his 20s of sexual crime. the police in charge of hwaseong city went to the house of the man in his 20s without a warrant and asked, " did you used a public restroom? " and then interrogated the man by making a one - sided claim that " you are the one who spied on the woman in the women's restroom ". the police officer was criticised for telling the man in his 20s, " if you are innocent, then keep quiet ". afterwards, the woman in her 50s who had reported him went to the police station in charge and confessed that she had made a false accusation. therefore, the police concluded that the man in his 20s was not guilty. the police investigated the woman in her 50s by charging her with false accusation. since this incident became a public issue, the " survival voice recording method " to prevent damage from false accusations of sexual crime has been spreading among men in their 20s. this is because this incident became an issue because the male victim of the false accusation made the recording file public. on 3 july 2024, the hwaseong city police called the man in his 20s, who was a victim of false accusation of sexual crime, to the police station to personally apologise to him, but the man in his 20s said " i was disappointed by the attitude of the police who said they would apologise ". he said he expected the police to say " i'm sorry " as soon as they saw him, but they told him to ask if he had any questions. he asked the police if they had called him to the police station to apologise to him, and the police told him, " we had no choice but to investigate. " = = = another cases = = = a female private tutor was sentenced to 10 years in prison in the first trial in 2018 for raping two male students between 2016 - 2017
the crime - free multi - housing ( cfmh ) program is a crime - free ordinance program, which partners property owners, residents, and law - enforcement personnel in an effort to eliminate crime, drugs, and gang activity from rental properties. = = history = = the program began in mesa, arizona in the united states in 1992. since then, it has spread to other us cities and several other countries. the international crime free association reports potential benefits of the program, including tenant satisfaction and increased demand for rental units. additionally, there has been pushback against crime free ordinances. in federal lawsuits across the country, tenants, landlords, and the department of justice ( doj ) have challenged crime - free ordinances and their enforcement, citing violations of fair housing laws, equal protection, due process, and the first amendment right to free association. = = program = = three phases must be completed under police supervision : an eight - hour seminar presented by the local police department certification that the rental property has met the security requirements for the tenants'safety a tenant crime - prevention meeting is held participating landlords have the option to display their certification status on their property. = = see also = = crime prevention through environmental design nuisance ordinance eviction in the united states Β§ disproportionately impacted evictees racial inequality in the united states Β§ housing = = notes = = = = references = = archer, deborah n. ( 2021 - 02 - 17 ). "'crime - free'housing ordinances, explained ". theappeal. org. retrieved 2024 - 01 - 26. international crime free association ( 2022 ). " crime free multi - housing : keep illegal activity off rental property ". tucson ( 2022 ). " crime free multi - housing ". = = external links = = crime free housing training, west fargo, nd crime - free - multi - housing, city of ottawa, ontario, canada crime free multi - housing program, british columbia, canada crime free multi - housing, tucson, az epd crime free multi - housing program, evansville, in
green cupboard ), whereupon the child takes a polaroid photograph of the scene. while the photograph is developing, the examiner moves the object to a different location ( e. g. a blue cupboard ), allowing the child to view the examiner's action. the examiner asks the child two control questions : " when we first took the picture, where was the object? " and " where is the object now? " the subject is also asked a " false - photograph " question : " where is the object in the picture? " the child passes the task if he / she correctly identifies the location of the object in the picture and the actual location of the object at the time of the question. however, the last question might be misinterpreted as " where in this room is the object that the picture depicts? " and therefore some examiners use an alternative phrasing. to make it easier for animals, young children, and individuals with classical autism to understand and perform theory of mind tasks, researchers have developed tests in which verbal communication is de - emphasized : some whose administration does not involve verbal communication on the part of the examiner, some whose successful completion does not require verbal communication on the part of the subject, and some that meet both of those standards. one category of tasks uses a preferential - looking paradigm, with looking time as the dependent variable. for instance, nine - month - old infants prefer looking at behaviors performed by a human hand over those made by an inanimate hand - like object. other paradigms look at rates of imitative behavior, the ability to replicate and complete unfinished goal - directed acts, and rates of pretend play. = = = early precursors = = = research on the early precursors of theory of mind has invented ways to observe preverbal infants'understanding of other people's mental states, including perception and beliefs. using a variety of experimental procedures, studies show that infants from their first year of life have an implicit understanding of what other people see and what they know. a popular paradigm used to study infants'theory of mind is the violation - of - expectation procedure, which exploits infants'tendency to look longer at unexpected and surprising events compared to familiar and expected events. the amount of time they look at an event gives researchers an indication of what infants might be inferring, or their implicit understanding of events. one study using this paradigm found that 16 - month - olds tend to attribute beliefs to a person whose visual perception was previously witnessed as being " reliable ", compared to
of america sent out numerous dmca takedown notices, and there was a massive internet backlash triggered by the perceived impact of such notices on fair use and free speech. = = = forced disclosure of encryption keys = = = in the united kingdom, the regulation of investigatory powers act gives uk police the powers to force suspects to decrypt files or hand over passwords that protect encryption keys. failure to comply is an offense in its own right, punishable on conviction by a two - year jail sentence or up to five years in cases involving national security. successful prosecutions have occurred under the act ; the first, in 2009, resulted in a term of 13 months'imprisonment. similar forced disclosure laws in australia, finland, france, and india compel individual suspects under investigation to hand over encryption keys or passwords during a criminal investigation. in the united states, the federal criminal case of united states v. fricosu addressed whether a search warrant can compel a person to reveal an encryption passphrase or password. the electronic frontier foundation ( eff ) argued that this is a violation of the protection from self - incrimination given by the fifth amendment. in 2012, the court ruled that under the all writs act, the defendant was required to produce an unencrypted hard drive for the court. in many jurisdictions, the legal status of forced disclosure remains unclear. the 2016 fbi β apple encryption dispute concerns the ability of courts in the united states to compel manufacturers'assistance in unlocking cell phones whose contents are cryptographically protected. as a potential counter - measure to forced disclosure some cryptographic software supports plausible deniability, where the encrypted data is indistinguishable from unused random data ( for example such as that of a drive which has been securely wiped ). = = see also = = collision attack comparison of cryptography libraries cryptovirology β securing and encrypting virology crypto wars β attempts to limit access to strong cryptography encyclopedia of cryptography and security β book by technische universiteit eindhoven global surveillance β mass surveillance across national borders indistinguishability obfuscation β type of cryptographic software obfuscation information theory β scientific study of digital information outline of cryptography list of cryptographers β a list of historical mathmaticians list of multiple discoveries list of unsolved problems in computer science β list of unsolved computational problems pre - shared key β method to set encryption keys secure cryptoproces
been wrongfully accused of various crimes. to do their part, the following are specific ways that they have suggested eyewitness identification can be more reliable. emotional disposition can influence eye - witness testimony depending on the intensity of events and emotions of an individual. the more intense a situation and event, the more intense the cognitive stimulation is on a witness which can lead to either not wanting to recall events due to the intense psychological trauma, or re - calling specific details for psychological reassurance and closure. = = = = the " double - blind " procedure or use of a blind administrator = = = = a blind administrator lineup setting is where the person administering the lineup, i. e. an officer, does not know who the suspect actually is. by doing this, the officer is unable to give verbal indication to the eyewitness. = = = = instructions = = = = instructions can be key for eyewitness identifications. proper instructions, such as telling them it is okay to not identify anyone, should be given before eyewitnesses try to identify an individual. = = = = composing the lineup = = = = composing the lineup is straight forward. if the suspect is in the lineup, the goal is to make he / she blend in with the people next to them. all people chosen to participate in the lineup should look like the initial descriptions of eyewitnesses. when emotions are significantly important in terms of eye - witness accounts for facial - recognition processes. the change of emotion brought onto a person identifying a person from a more neutral event many not have as much of a recollection of the events than an eye - witness who not only experienced a traumatic event but identifies the person who inflicted trauma onto the person themselves. therefore there can be more memorized events from the impact of the eye - witness seeing the perpetrator, or depending on the psychological impact, there could be details withheld, but still leading closer to who and what the perpetrator did based on the reaction of the eye - witness. = = = = confidence statements = = = = confidence statements are statements provided by the eyewitness that will tell how confident they were in the choices they made in the lineup. = = = = the lineup procedure should be documented = = = = the lineup procedure should be documented by any means available. most commonly video surveillance is used during the procedure. in some instances it may be helpful to have written documents providing descriptions of the procedure. = = procedural reforms = = experts debate what changes need to occur in
Answer:
|
not a waiver of Defendant's Fourth Amendment rights, because the landlord had neither actual nor apparent authority to permit the entry
| null |
While Defendant was in jail on a procuring charge, his landlord called the police because rent had not been paid and because he detected a disagreeable odor coming from Defendant's apartment into the hallways. The police officer who responded to the call knew that Defendant was in jail. He recognized the stench coming from Defendant's apartment as that of decomposing flesh and, without waiting to obtain a warrant and using the landlord's passkey, entered the apartment with the landlord's consent. The lease to these premises gave the landlord a right of entry, at any reasonable hour, for the purpose of making repairs. The police officer found a large trunk in the bedroom which seemed to be the source of the odor. Upon breaking it open, he found the remains of Rosette, Defendant's former mistress. "The landlord's consent to the police officer's search of Defendant's apartment is
0. a waiver of Defendant's Fourth Amendment rights, because a landlord has implied consent to enter a tenant's apartment.
1. a waiver of Defendant's Fourth Amendment rights, because the lease gave the landlord express authority to enter the premises.
2. not a waiver of Defendant's Fourth Amendment rights, because the landlord lacked probable cause to believe that a crime was then in the process of commission.
3. not a waiver of Defendant's Fourth Amendment rights, because the landlord had neither actual nor apparent authority to permit the entry
day of the incident, and was immediately dismissed from his position after the police concluded their investigation. afterwards, the male teacher committed suicide. in 2020, the court ruled that if a teacher who was branded a sexual molester because students made exaggerated reports made an extreme choice, it should be recognised as a death in the line of duty. accordingly, the court recognised his death in the line of duty. = = = false accusation of sexual crime in hwaseong city in 2024 = = = in june 2024, in hwaseong city, a woman in her 50s falsely accused a man in his 20s of sexual crime. the police in charge of hwaseong city went to the house of the man in his 20s without a warrant and asked, " did you used a public restroom? " and then interrogated the man by making a one - sided claim that " you are the one who spied on the woman in the women's restroom ". the police officer was criticised for telling the man in his 20s, " if you are innocent, then keep quiet ". afterwards, the woman in her 50s who had reported him went to the police station in charge and confessed that she had made a false accusation. therefore, the police concluded that the man in his 20s was not guilty. the police investigated the woman in her 50s by charging her with false accusation. since this incident became a public issue, the " survival voice recording method " to prevent damage from false accusations of sexual crime has been spreading among men in their 20s. this is because this incident became an issue because the male victim of the false accusation made the recording file public. on 3 july 2024, the hwaseong city police called the man in his 20s, who was a victim of false accusation of sexual crime, to the police station to personally apologise to him, but the man in his 20s said " i was disappointed by the attitude of the police who said they would apologise ". he said he expected the police to say " i'm sorry " as soon as they saw him, but they told him to ask if he had any questions. he asked the police if they had called him to the police station to apologise to him, and the police told him, " we had no choice but to investigate. " = = = another cases = = = a female private tutor was sentenced to 10 years in prison in the first trial in 2018 for raping two male students between 2016 - 2017
the crime - free multi - housing ( cfmh ) program is a crime - free ordinance program, which partners property owners, residents, and law - enforcement personnel in an effort to eliminate crime, drugs, and gang activity from rental properties. = = history = = the program began in mesa, arizona in the united states in 1992. since then, it has spread to other us cities and several other countries. the international crime free association reports potential benefits of the program, including tenant satisfaction and increased demand for rental units. additionally, there has been pushback against crime free ordinances. in federal lawsuits across the country, tenants, landlords, and the department of justice ( doj ) have challenged crime - free ordinances and their enforcement, citing violations of fair housing laws, equal protection, due process, and the first amendment right to free association. = = program = = three phases must be completed under police supervision : an eight - hour seminar presented by the local police department certification that the rental property has met the security requirements for the tenants'safety a tenant crime - prevention meeting is held participating landlords have the option to display their certification status on their property. = = see also = = crime prevention through environmental design nuisance ordinance eviction in the united states Β§ disproportionately impacted evictees racial inequality in the united states Β§ housing = = notes = = = = references = = archer, deborah n. ( 2021 - 02 - 17 ). "'crime - free'housing ordinances, explained ". theappeal. org. retrieved 2024 - 01 - 26. international crime free association ( 2022 ). " crime free multi - housing : keep illegal activity off rental property ". tucson ( 2022 ). " crime free multi - housing ". = = external links = = crime free housing training, west fargo, nd crime - free - multi - housing, city of ottawa, ontario, canada crime free multi - housing program, british columbia, canada crime free multi - housing, tucson, az epd crime free multi - housing program, evansville, in
green cupboard ), whereupon the child takes a polaroid photograph of the scene. while the photograph is developing, the examiner moves the object to a different location ( e. g. a blue cupboard ), allowing the child to view the examiner's action. the examiner asks the child two control questions : " when we first took the picture, where was the object? " and " where is the object now? " the subject is also asked a " false - photograph " question : " where is the object in the picture? " the child passes the task if he / she correctly identifies the location of the object in the picture and the actual location of the object at the time of the question. however, the last question might be misinterpreted as " where in this room is the object that the picture depicts? " and therefore some examiners use an alternative phrasing. to make it easier for animals, young children, and individuals with classical autism to understand and perform theory of mind tasks, researchers have developed tests in which verbal communication is de - emphasized : some whose administration does not involve verbal communication on the part of the examiner, some whose successful completion does not require verbal communication on the part of the subject, and some that meet both of those standards. one category of tasks uses a preferential - looking paradigm, with looking time as the dependent variable. for instance, nine - month - old infants prefer looking at behaviors performed by a human hand over those made by an inanimate hand - like object. other paradigms look at rates of imitative behavior, the ability to replicate and complete unfinished goal - directed acts, and rates of pretend play. = = = early precursors = = = research on the early precursors of theory of mind has invented ways to observe preverbal infants'understanding of other people's mental states, including perception and beliefs. using a variety of experimental procedures, studies show that infants from their first year of life have an implicit understanding of what other people see and what they know. a popular paradigm used to study infants'theory of mind is the violation - of - expectation procedure, which exploits infants'tendency to look longer at unexpected and surprising events compared to familiar and expected events. the amount of time they look at an event gives researchers an indication of what infants might be inferring, or their implicit understanding of events. one study using this paradigm found that 16 - month - olds tend to attribute beliefs to a person whose visual perception was previously witnessed as being " reliable ", compared to
of america sent out numerous dmca takedown notices, and there was a massive internet backlash triggered by the perceived impact of such notices on fair use and free speech. = = = forced disclosure of encryption keys = = = in the united kingdom, the regulation of investigatory powers act gives uk police the powers to force suspects to decrypt files or hand over passwords that protect encryption keys. failure to comply is an offense in its own right, punishable on conviction by a two - year jail sentence or up to five years in cases involving national security. successful prosecutions have occurred under the act ; the first, in 2009, resulted in a term of 13 months'imprisonment. similar forced disclosure laws in australia, finland, france, and india compel individual suspects under investigation to hand over encryption keys or passwords during a criminal investigation. in the united states, the federal criminal case of united states v. fricosu addressed whether a search warrant can compel a person to reveal an encryption passphrase or password. the electronic frontier foundation ( eff ) argued that this is a violation of the protection from self - incrimination given by the fifth amendment. in 2012, the court ruled that under the all writs act, the defendant was required to produce an unencrypted hard drive for the court. in many jurisdictions, the legal status of forced disclosure remains unclear. the 2016 fbi β apple encryption dispute concerns the ability of courts in the united states to compel manufacturers'assistance in unlocking cell phones whose contents are cryptographically protected. as a potential counter - measure to forced disclosure some cryptographic software supports plausible deniability, where the encrypted data is indistinguishable from unused random data ( for example such as that of a drive which has been securely wiped ). = = see also = = collision attack comparison of cryptography libraries cryptovirology β securing and encrypting virology crypto wars β attempts to limit access to strong cryptography encyclopedia of cryptography and security β book by technische universiteit eindhoven global surveillance β mass surveillance across national borders indistinguishability obfuscation β type of cryptographic software obfuscation information theory β scientific study of digital information outline of cryptography list of cryptographers β a list of historical mathmaticians list of multiple discoveries list of unsolved problems in computer science β list of unsolved computational problems pre - shared key β method to set encryption keys secure cryptoproces
been wrongfully accused of various crimes. to do their part, the following are specific ways that they have suggested eyewitness identification can be more reliable. emotional disposition can influence eye - witness testimony depending on the intensity of events and emotions of an individual. the more intense a situation and event, the more intense the cognitive stimulation is on a witness which can lead to either not wanting to recall events due to the intense psychological trauma, or re - calling specific details for psychological reassurance and closure. = = = = the " double - blind " procedure or use of a blind administrator = = = = a blind administrator lineup setting is where the person administering the lineup, i. e. an officer, does not know who the suspect actually is. by doing this, the officer is unable to give verbal indication to the eyewitness. = = = = instructions = = = = instructions can be key for eyewitness identifications. proper instructions, such as telling them it is okay to not identify anyone, should be given before eyewitnesses try to identify an individual. = = = = composing the lineup = = = = composing the lineup is straight forward. if the suspect is in the lineup, the goal is to make he / she blend in with the people next to them. all people chosen to participate in the lineup should look like the initial descriptions of eyewitnesses. when emotions are significantly important in terms of eye - witness accounts for facial - recognition processes. the change of emotion brought onto a person identifying a person from a more neutral event many not have as much of a recollection of the events than an eye - witness who not only experienced a traumatic event but identifies the person who inflicted trauma onto the person themselves. therefore there can be more memorized events from the impact of the eye - witness seeing the perpetrator, or depending on the psychological impact, there could be details withheld, but still leading closer to who and what the perpetrator did based on the reaction of the eye - witness. = = = = confidence statements = = = = confidence statements are statements provided by the eyewitness that will tell how confident they were in the choices they made in the lineup. = = = = the lineup procedure should be documented = = = = the lineup procedure should be documented by any means available. most commonly video surveillance is used during the procedure. in some instances it may be helpful to have written documents providing descriptions of the procedure. = = procedural reforms = = experts debate what changes need to occur in
Answer:
|
a waiver of Defendant's Fourth Amendment rights, because the lease gave the landlord express authority to enter the premises.
| 0.3 |
While Defendant was in jail on a procuring charge, his landlord called the police because rent had not been paid and because he detected a disagreeable odor coming from Defendant's apartment into the hallways. The police officer who responded to the call knew that Defendant was in jail. He recognized the stench coming from Defendant's apartment as that of decomposing flesh and, without waiting to obtain a warrant and using the landlord's passkey, entered the apartment with the landlord's consent. The lease to these premises gave the landlord a right of entry, at any reasonable hour, for the purpose of making repairs. The police officer found a large trunk in the bedroom which seemed to be the source of the odor. Upon breaking it open, he found the remains of Rosette, Defendant's former mistress. "If Defendant undertakes to challenge the search of his apartment, he has
0. standing, because the items seized in the search were incriminating in nature.
1. standing, because he still has a sufficient interest in the apartment even while in jail.
2. no standing, because his landlord authorized the search.
3. no standing, because he was out of the apartment when the search occurred and had not paid his rent
day of the incident, and was immediately dismissed from his position after the police concluded their investigation. afterwards, the male teacher committed suicide. in 2020, the court ruled that if a teacher who was branded a sexual molester because students made exaggerated reports made an extreme choice, it should be recognised as a death in the line of duty. accordingly, the court recognised his death in the line of duty. = = = false accusation of sexual crime in hwaseong city in 2024 = = = in june 2024, in hwaseong city, a woman in her 50s falsely accused a man in his 20s of sexual crime. the police in charge of hwaseong city went to the house of the man in his 20s without a warrant and asked, " did you used a public restroom? " and then interrogated the man by making a one - sided claim that " you are the one who spied on the woman in the women's restroom ". the police officer was criticised for telling the man in his 20s, " if you are innocent, then keep quiet ". afterwards, the woman in her 50s who had reported him went to the police station in charge and confessed that she had made a false accusation. therefore, the police concluded that the man in his 20s was not guilty. the police investigated the woman in her 50s by charging her with false accusation. since this incident became a public issue, the " survival voice recording method " to prevent damage from false accusations of sexual crime has been spreading among men in their 20s. this is because this incident became an issue because the male victim of the false accusation made the recording file public. on 3 july 2024, the hwaseong city police called the man in his 20s, who was a victim of false accusation of sexual crime, to the police station to personally apologise to him, but the man in his 20s said " i was disappointed by the attitude of the police who said they would apologise ". he said he expected the police to say " i'm sorry " as soon as they saw him, but they told him to ask if he had any questions. he asked the police if they had called him to the police station to apologise to him, and the police told him, " we had no choice but to investigate. " = = = another cases = = = a female private tutor was sentenced to 10 years in prison in the first trial in 2018 for raping two male students between 2016 - 2017
##s. = = = example 4 : biological testing of a suspect = = = a crime is committed. forensic analysis determines that the perpetrator has a certain blood type shared by 10 % of the population. a suspect is arrested, and found to have that same blood type. a prosecutor might charge the suspect with the crime on that basis alone, and claim at trial that the probability that the defendant is guilty is 90 %. however, this conclusion is only close to correct if the defendant was selected as the main suspect based on robust evidence discovered prior to the blood test and unrelated to it. otherwise, the reasoning presented is flawed, as it overlooks the high prior probability ( that is, prior to the blood test ) that he is a random innocent person. assume, for instance, that 1000 people live in the town where the crime occurred. this means that 100 people live there who have the perpetrator's blood type, of whom only one is the true perpetrator ; therefore, the true probability that the defendant is guilty β based only on the fact that his blood type matches that of the killer β is only 1 %, far less than the 90 % argued by the prosecutor. the prosecutor's fallacy involves assuming that the prior probability of a random match is equal to the probability that the defendant is innocent. when using it, a prosecutor questioning an expert witness may ask : " the odds of finding this evidence on an innocent man are so small that the jury can safely disregard the possibility that this defendant is innocent, correct? " the claim assumes that the probability that evidence is found on an innocent man is the same as the probability that a man is innocent given that evidence was found on him, which is not true. whilst the former is usually small ( 10 % in the previous example ) due to good forensic evidence procedures, the latter ( 99 % in that example ) does not directly relate to it and will often be much higher, since, in fact, it depends on the likely quite high prior odds of the defendant being a random innocent person. = = examples in law = = = = = o. j. simpson trial = = = o. j. simpson was tried and acquitted in 1995 for the murders of his ex - wife nicole brown simpson and her friend ronald goldman. crime scene blood matched simpson's with characteristics shared by 1 in 400 people. however, the defense argued that the number of people from los angeles matching the sample could fill a football stadium and that the figure of 1 in 400 was useless. it
a fast - food restaurant, either ( c ) handing a check to the cashier or ( g ) pointing a gun at the cashier. following this, participants were given a short retention interval, after which they completed a questionnaire, and were then shown a fair - perpetrator 12 - person lineup. in the first experiment, the participant's memory was slightly worse. in the second, the assailant was correctly identified slightly less often in the weapon condition. the questionnaire and line - up results of experiment ii showed those in the g group with worse memory, compared to the control - conditioned group. = = = systematic variables = = = = = = = type of questioning = = = = as early as 1900, psychologists like alfred binet recorded how the phrasing of questioning during an investigation could alter witness response. binet believed people were highly susceptible to suggestion, and called for a better approach to questioning witnesses. a prime example of this is in the initial questioning process conducted by authorities. as an official investigation launches, police ask many questions ranging from race to weight of the perpetrator. all the information collected can be used to pull photographs of prime suspects or lead to a line up. if police suggest their own opinions, whether verbal or non - verbal, it can encourage a witness to change their mind or lead to guessing. studies conducted by crombag ( 1996 ) discovered that in an incident involving a crew attempting to return to the airport but were unable to maintain flight and crashed into an 11 - story apartment building. though no cameras caught the moment of impact on film, many news stations covered the tragedy with footage taken after impact. ten months after the event, the researchers interviewed people about the crash. according to theories about flashbulb memory, the intense shock of the event should have made the memory of the event incredibly accurate. this same logic is often applied to those who witness a criminal act. to test this assumption, participants were asked questions that planted false information about the event. fifty - five percent of subjects reported having watched the moment of impact on television, and recalled the moment the plane broke out in flames - even though it was impossible for them to have seen either of these occurrences. one researcher remarked, " [ v ] ery critical sense would have made our subjects realize that the implanted information could not possibly be true. we are still at a loss as to why so few of them realized this. " a survey of research on the matter confirm eyewitness testimony consistently changes over time and
been wrongfully accused of various crimes. to do their part, the following are specific ways that they have suggested eyewitness identification can be more reliable. emotional disposition can influence eye - witness testimony depending on the intensity of events and emotions of an individual. the more intense a situation and event, the more intense the cognitive stimulation is on a witness which can lead to either not wanting to recall events due to the intense psychological trauma, or re - calling specific details for psychological reassurance and closure. = = = = the " double - blind " procedure or use of a blind administrator = = = = a blind administrator lineup setting is where the person administering the lineup, i. e. an officer, does not know who the suspect actually is. by doing this, the officer is unable to give verbal indication to the eyewitness. = = = = instructions = = = = instructions can be key for eyewitness identifications. proper instructions, such as telling them it is okay to not identify anyone, should be given before eyewitnesses try to identify an individual. = = = = composing the lineup = = = = composing the lineup is straight forward. if the suspect is in the lineup, the goal is to make he / she blend in with the people next to them. all people chosen to participate in the lineup should look like the initial descriptions of eyewitnesses. when emotions are significantly important in terms of eye - witness accounts for facial - recognition processes. the change of emotion brought onto a person identifying a person from a more neutral event many not have as much of a recollection of the events than an eye - witness who not only experienced a traumatic event but identifies the person who inflicted trauma onto the person themselves. therefore there can be more memorized events from the impact of the eye - witness seeing the perpetrator, or depending on the psychological impact, there could be details withheld, but still leading closer to who and what the perpetrator did based on the reaction of the eye - witness. = = = = confidence statements = = = = confidence statements are statements provided by the eyewitness that will tell how confident they were in the choices they made in the lineup. = = = = the lineup procedure should be documented = = = = the lineup procedure should be documented by any means available. most commonly video surveillance is used during the procedure. in some instances it may be helpful to have written documents providing descriptions of the procedure. = = procedural reforms = = experts debate what changes need to occur in
by the us national highway traffic safety administration ( nhtsa ) and were published in a case study. the methodology behind the program demonstrates the use of deterrence theory in preventing crime. = = = lowell, massachusetts = = = in 2005, harvard university and suffolk university researchers worked with local police to identify 34 " crime hot spots " in lowell, massachusetts. in half of the spots, authorities cleared trash, fixed streetlights, enforced building codes, discouraged loiterers, made more misdemeanor arrests, and expanded mental health services and aid for the homeless. in the other half of the identified locations, there was no change to routine police service. the areas that received additional attention experienced a 20 % reduction in calls to the police. the study concluded that cleaning up the physical environment was more effective than misdemeanor arrests. = = = netherlands = = = in 2007 and 2008, kees keizer and colleagues from the university of groningen conducted a series of controlled experiments to determine if the effect of existing visible disorder ( such as litter or graffiti ) increased other crime such as theft, littering, or other antisocial behavior. they selected several urban locations, which they arranged in two different ways, at different times. in each experiment, there was a " disorder " condition in which violations of social norms as prescribed by signage or national custom, such as graffiti and littering, were clearly visible as well as a control condition where no violations of norms had taken place. the researchers then secretly monitored the locations to observe if people behaved differently when the environment was " disordered ". their observations supported the theory. the conclusion was published in the journal science : " one example of disorder, like graffiti or littering, can indeed encourage another, like stealing. " = = = mexico city = = = an 18 - month study by carlos vilalta in mexico city showed that framework of broken windows theory on homicide in suburban neighborhoods was not a direct correlation, but a " concentrated disadvantage " in the perception of fear and modes of crime prevention. in areas with more social disorder ( such as public intoxication ), an increased perception of law - abiding citizens to feel unsafe amplified the impact of homicide occurring in the neighborhood. it was also found that it was more effective in preventing instances of violent crime among people living in areas with less physical structural decay ( such as graffiti ), lending credence to the broken windows theory basis that law enforcement is trusted more among those in areas with less disorder. furthering this data, a 2023 study
Answer:
|
standing, because he still has a sufficient interest in the apartment even while in jail.
| null |
While Defendant was in jail on a procuring charge, his landlord called the police because rent had not been paid and because he detected a disagreeable odor coming from Defendant's apartment into the hallways. The police officer who responded to the call knew that Defendant was in jail. He recognized the stench coming from Defendant's apartment as that of decomposing flesh and, without waiting to obtain a warrant and using the landlord's passkey, entered the apartment with the landlord's consent. The lease to these premises gave the landlord a right of entry, at any reasonable hour, for the purpose of making repairs. The police officer found a large trunk in the bedroom which seemed to be the source of the odor. Upon breaking it open, he found the remains of Rosette, Defendant's former mistress. "If Defendant undertakes to challenge the search of his apartment, he has
0. standing, because the items seized in the search were incriminating in nature.
1. standing, because he still has a sufficient interest in the apartment even while in jail.
2. no standing, because his landlord authorized the search.
3. no standing, because he was out of the apartment when the search occurred and had not paid his rent
day of the incident, and was immediately dismissed from his position after the police concluded their investigation. afterwards, the male teacher committed suicide. in 2020, the court ruled that if a teacher who was branded a sexual molester because students made exaggerated reports made an extreme choice, it should be recognised as a death in the line of duty. accordingly, the court recognised his death in the line of duty. = = = false accusation of sexual crime in hwaseong city in 2024 = = = in june 2024, in hwaseong city, a woman in her 50s falsely accused a man in his 20s of sexual crime. the police in charge of hwaseong city went to the house of the man in his 20s without a warrant and asked, " did you used a public restroom? " and then interrogated the man by making a one - sided claim that " you are the one who spied on the woman in the women's restroom ". the police officer was criticised for telling the man in his 20s, " if you are innocent, then keep quiet ". afterwards, the woman in her 50s who had reported him went to the police station in charge and confessed that she had made a false accusation. therefore, the police concluded that the man in his 20s was not guilty. the police investigated the woman in her 50s by charging her with false accusation. since this incident became a public issue, the " survival voice recording method " to prevent damage from false accusations of sexual crime has been spreading among men in their 20s. this is because this incident became an issue because the male victim of the false accusation made the recording file public. on 3 july 2024, the hwaseong city police called the man in his 20s, who was a victim of false accusation of sexual crime, to the police station to personally apologise to him, but the man in his 20s said " i was disappointed by the attitude of the police who said they would apologise ". he said he expected the police to say " i'm sorry " as soon as they saw him, but they told him to ask if he had any questions. he asked the police if they had called him to the police station to apologise to him, and the police told him, " we had no choice but to investigate. " = = = another cases = = = a female private tutor was sentenced to 10 years in prison in the first trial in 2018 for raping two male students between 2016 - 2017
##s. = = = example 4 : biological testing of a suspect = = = a crime is committed. forensic analysis determines that the perpetrator has a certain blood type shared by 10 % of the population. a suspect is arrested, and found to have that same blood type. a prosecutor might charge the suspect with the crime on that basis alone, and claim at trial that the probability that the defendant is guilty is 90 %. however, this conclusion is only close to correct if the defendant was selected as the main suspect based on robust evidence discovered prior to the blood test and unrelated to it. otherwise, the reasoning presented is flawed, as it overlooks the high prior probability ( that is, prior to the blood test ) that he is a random innocent person. assume, for instance, that 1000 people live in the town where the crime occurred. this means that 100 people live there who have the perpetrator's blood type, of whom only one is the true perpetrator ; therefore, the true probability that the defendant is guilty β based only on the fact that his blood type matches that of the killer β is only 1 %, far less than the 90 % argued by the prosecutor. the prosecutor's fallacy involves assuming that the prior probability of a random match is equal to the probability that the defendant is innocent. when using it, a prosecutor questioning an expert witness may ask : " the odds of finding this evidence on an innocent man are so small that the jury can safely disregard the possibility that this defendant is innocent, correct? " the claim assumes that the probability that evidence is found on an innocent man is the same as the probability that a man is innocent given that evidence was found on him, which is not true. whilst the former is usually small ( 10 % in the previous example ) due to good forensic evidence procedures, the latter ( 99 % in that example ) does not directly relate to it and will often be much higher, since, in fact, it depends on the likely quite high prior odds of the defendant being a random innocent person. = = examples in law = = = = = o. j. simpson trial = = = o. j. simpson was tried and acquitted in 1995 for the murders of his ex - wife nicole brown simpson and her friend ronald goldman. crime scene blood matched simpson's with characteristics shared by 1 in 400 people. however, the defense argued that the number of people from los angeles matching the sample could fill a football stadium and that the figure of 1 in 400 was useless. it
a fast - food restaurant, either ( c ) handing a check to the cashier or ( g ) pointing a gun at the cashier. following this, participants were given a short retention interval, after which they completed a questionnaire, and were then shown a fair - perpetrator 12 - person lineup. in the first experiment, the participant's memory was slightly worse. in the second, the assailant was correctly identified slightly less often in the weapon condition. the questionnaire and line - up results of experiment ii showed those in the g group with worse memory, compared to the control - conditioned group. = = = systematic variables = = = = = = = type of questioning = = = = as early as 1900, psychologists like alfred binet recorded how the phrasing of questioning during an investigation could alter witness response. binet believed people were highly susceptible to suggestion, and called for a better approach to questioning witnesses. a prime example of this is in the initial questioning process conducted by authorities. as an official investigation launches, police ask many questions ranging from race to weight of the perpetrator. all the information collected can be used to pull photographs of prime suspects or lead to a line up. if police suggest their own opinions, whether verbal or non - verbal, it can encourage a witness to change their mind or lead to guessing. studies conducted by crombag ( 1996 ) discovered that in an incident involving a crew attempting to return to the airport but were unable to maintain flight and crashed into an 11 - story apartment building. though no cameras caught the moment of impact on film, many news stations covered the tragedy with footage taken after impact. ten months after the event, the researchers interviewed people about the crash. according to theories about flashbulb memory, the intense shock of the event should have made the memory of the event incredibly accurate. this same logic is often applied to those who witness a criminal act. to test this assumption, participants were asked questions that planted false information about the event. fifty - five percent of subjects reported having watched the moment of impact on television, and recalled the moment the plane broke out in flames - even though it was impossible for them to have seen either of these occurrences. one researcher remarked, " [ v ] ery critical sense would have made our subjects realize that the implanted information could not possibly be true. we are still at a loss as to why so few of them realized this. " a survey of research on the matter confirm eyewitness testimony consistently changes over time and
been wrongfully accused of various crimes. to do their part, the following are specific ways that they have suggested eyewitness identification can be more reliable. emotional disposition can influence eye - witness testimony depending on the intensity of events and emotions of an individual. the more intense a situation and event, the more intense the cognitive stimulation is on a witness which can lead to either not wanting to recall events due to the intense psychological trauma, or re - calling specific details for psychological reassurance and closure. = = = = the " double - blind " procedure or use of a blind administrator = = = = a blind administrator lineup setting is where the person administering the lineup, i. e. an officer, does not know who the suspect actually is. by doing this, the officer is unable to give verbal indication to the eyewitness. = = = = instructions = = = = instructions can be key for eyewitness identifications. proper instructions, such as telling them it is okay to not identify anyone, should be given before eyewitnesses try to identify an individual. = = = = composing the lineup = = = = composing the lineup is straight forward. if the suspect is in the lineup, the goal is to make he / she blend in with the people next to them. all people chosen to participate in the lineup should look like the initial descriptions of eyewitnesses. when emotions are significantly important in terms of eye - witness accounts for facial - recognition processes. the change of emotion brought onto a person identifying a person from a more neutral event many not have as much of a recollection of the events than an eye - witness who not only experienced a traumatic event but identifies the person who inflicted trauma onto the person themselves. therefore there can be more memorized events from the impact of the eye - witness seeing the perpetrator, or depending on the psychological impact, there could be details withheld, but still leading closer to who and what the perpetrator did based on the reaction of the eye - witness. = = = = confidence statements = = = = confidence statements are statements provided by the eyewitness that will tell how confident they were in the choices they made in the lineup. = = = = the lineup procedure should be documented = = = = the lineup procedure should be documented by any means available. most commonly video surveillance is used during the procedure. in some instances it may be helpful to have written documents providing descriptions of the procedure. = = procedural reforms = = experts debate what changes need to occur in
by the us national highway traffic safety administration ( nhtsa ) and were published in a case study. the methodology behind the program demonstrates the use of deterrence theory in preventing crime. = = = lowell, massachusetts = = = in 2005, harvard university and suffolk university researchers worked with local police to identify 34 " crime hot spots " in lowell, massachusetts. in half of the spots, authorities cleared trash, fixed streetlights, enforced building codes, discouraged loiterers, made more misdemeanor arrests, and expanded mental health services and aid for the homeless. in the other half of the identified locations, there was no change to routine police service. the areas that received additional attention experienced a 20 % reduction in calls to the police. the study concluded that cleaning up the physical environment was more effective than misdemeanor arrests. = = = netherlands = = = in 2007 and 2008, kees keizer and colleagues from the university of groningen conducted a series of controlled experiments to determine if the effect of existing visible disorder ( such as litter or graffiti ) increased other crime such as theft, littering, or other antisocial behavior. they selected several urban locations, which they arranged in two different ways, at different times. in each experiment, there was a " disorder " condition in which violations of social norms as prescribed by signage or national custom, such as graffiti and littering, were clearly visible as well as a control condition where no violations of norms had taken place. the researchers then secretly monitored the locations to observe if people behaved differently when the environment was " disordered ". their observations supported the theory. the conclusion was published in the journal science : " one example of disorder, like graffiti or littering, can indeed encourage another, like stealing. " = = = mexico city = = = an 18 - month study by carlos vilalta in mexico city showed that framework of broken windows theory on homicide in suburban neighborhoods was not a direct correlation, but a " concentrated disadvantage " in the perception of fear and modes of crime prevention. in areas with more social disorder ( such as public intoxication ), an increased perception of law - abiding citizens to feel unsafe amplified the impact of homicide occurring in the neighborhood. it was also found that it was more effective in preventing instances of violent crime among people living in areas with less physical structural decay ( such as graffiti ), lending credence to the broken windows theory basis that law enforcement is trusted more among those in areas with less disorder. furthering this data, a 2023 study
Answer:
|
standing, because the items seized in the search were incriminating in nature.
| 0.3 |
Seller and Buyer execute an agreement for the sale of real property on September 1, 1971. The jurisdiction in which the property is located recognizes the principle of equitable conversion and has no statute pertinent to this problem."Assume for this question only that Seller dies before closing and his will leaves his personal property to Perry and his real property to Rose. 60 There being no breach of the agreement by either party, which of the following is correct?
0. Death, an eventuality for which the parties could have provided, terminates the agreement if they did not so provide.
1. Rose is entitled to the proceeds of the sale when it closes, because the doctrine of equitable conversion does not apply to these circumstances.
2. Perry is entitled to the proceeds of the sale when it closes.
3. Title was rendered unmarketable by Seller's death
with regard to the company, which are claimed to be true at both the time of signing and the time of closing. sellers often attempt to craft their representations and warranties with knowledge qualifiers, dictating the level of knowledge applicable and which seller parties'knowledge is relevant. some agreements provide that if the representations and warranties by the seller prove to be false, the buyer may claim a refund of part of the purchase price, as is common in transactions involving privately held companies ( although in most acquisition agreements involving public company targets, the representations and warranties of the seller do not survive the closing ). representations regarding a target company's net working capital are a common source of post - closing disputes. covenants, which govern the conduct of the parties, both before the closing ( such as covenants that restrict the operations of the business between signing and closing ) and after the closing ( such as covenants regarding future income tax filings and tax liability or post - closing restrictions agreed to by the buyer and seller parties ). termination rights, which may be triggered by a breach of contract, a failure to satisfy certain conditions or the passage of a certain period of time without consummating the transaction, and fees and damages payable in case of a termination for certain events ( also known as breakup fees ). provisions relating to obtaining required shareholder approvals under state law and related sec filings required under federal law, if applicable, and terms related to the mechanics of the legal transactions to be consummated at closing ( such as the determination and allocation of the purchase price ) and post - closing adjustments ( such as adjustments after the final determination of working capital at closing or earnout payments payable to the sellers ), repayment of outstanding debt, and the treatment of outstanding shares, options and other equity interests ). an indemnification provision, which provides that an indemnitor will indemnify, defend, and hold harmless the indemnitee ( s ) for losses incurred by the indemnitees as a result of the indemnitor's breach of its contractual obligations in the purchase agreement following the closing of a deal, adjustments may be made to some of the provisions outlined in the purchase agreement, such as the purchase price. these adjustments are subject to enforceability issues in certain situations. alternatively, certain transactions use the'locked box'approach, where the purchase price is fixed at signing and based on the seller's equity value at a pre - signing date and an interest charge. =
. it assumes a seller who is compelled to sell after an exposure period which is less than the market - normal time - frame. = = = price vs value = = = there can be differences between what the property is worth ( market value ) and what it cost to buy it ( price ). a price paid might not represent that property's market value. sometimes, special considerations may have been present, such as a special relationship between the buyer and the seller where one party had control or significant influence over the other party. in other cases, the transaction may have been just one of several properties sold or traded between two parties. in such cases, the price paid for any particular piece is not its market " value " ( with the idea usually being, though, that all the pieces and prices add up to the market value of all the parts ) but rather it's market " price ". at other times, a buyer may willingly pay a premium price, above the generally accepted market value, if his subjective valuation of the property ( its investment value for him ) was higher than the market value. one specific example of this is an owner of a neighboring property who, by combining his property with the subject property ( assemblage ), could obtain economies - of - scale and added value ( plottage value ). similar situations sometimes happen in corporate finance. for example, this can occur when a merger or acquisition happens at a price which is higher than the value represented by the price of the underlying stock. the usual explanation for these types of mergers and acquisitions is that " the sum is greater than its parts ", since full ownership of a company provides full control of it. this is something that purchasers will sometimes pay a high price for. this situation can happen in real estate purchases too. but the most common reason for value differing from price is that either the buyer or the seller is uninformed as to what a property's market value is but nevertheless agrees on a contract at a certain price which is either too expensive or too cheap. this is unfortunate for one of the two parties. it is the obligation of a real property appraiser to estimate the true market value of a property and not its market price. frequently, properties are assessed at a value below their market values ; this is known as fractional assessment. fractional assessment can result in properties that are assessed at 10 % or less of their given market values. = = = market value definitions in the united states = = = in the united states, apprai
property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. depending on the nature of the property, an owner of property may have the right to consume, alter, share, rent, sell, exchange, transfer, give away, or destroy it, or to exclude others from doing these things, as well as to perhaps abandon it ; whereas regardless of the nature of the property, the owner thereof has the right to properly use it under the granted property rights. in economics and political economy, there are three broad forms of property : private property, public property, and collective property ( or cooperative property ). property may be jointly owned by more than one party equally or unequally, or according to simple or complex agreements ; to distinguish ownership and easement from rent, there is an expectation that each party's will with regard to the property be clearly defined and unconditional.. the parties may expect their wills to be unanimous, or alternatively each may expect their own will to be sufficient when no opportunity for dispute exists. the first restatement defines property as anything, tangible or intangible, whereby a legal relationship between persons and the state enforces a possessory interest or legal title in that thing. this mediating relationship between individual, property, and state is called a property regime. in sociology and anthropology, property is often defined as a relationship between two or more individuals and an object, in which at least one of these individuals holds a bundle of rights over the object. the distinction between collective and private property is regarded as confusion, since different individuals often hold differing rights over a single object. types of property include real property ( the combination of land and any improvements to or on the ground ), personal property ( physical possessions belonging to a person ), private property ( property owned by legal persons, business entities or individual natural persons ), public property ( state - owned or publicly owned and available possessions ) and intellectual property β including exclusive rights over artistic creations and inventions. however, the latter is not always widely recognized or enforced. an article of property may have physical and incorporeal parts. a title, or a right of ownership, establishes the relation between the property and other persons, assuring the owner the right to dispose of the property as the owner sees fit. the unqualified term " property " is often used to refer specifically to real property. = = overview = = property is often defined by the code of the local sovereignty and protected wholly or -
party in the renegotiations ). oliver hart and his co - authors argue that the hold - up problem may be mitigated by choosing a suitable ownership structure ex - ante ( according to the incomplete contracting paradigm, more complex contractual arrangements are ruled out ). hence, the property rights approach to the theory of the firm can explain the pros and cons of vertical integration, thus providing a formal answer to important questions regarding the boundaries of the firm that were first raised by ronald coase ( 1937 ). the incomplete contracting approach has been subject of a still ongoing discussion in contract theory. in particular, some authors such as maskin and tirole ( 1999 ) argue that rational parties should be able to solve the hold - up problem with complex contracts, while hart and moore ( 1999 ) point out that these contractual solutions do not work if renegotiation cannot be ruled out. some authors have argued that the pros and cons of vertical integration can sometimes also be explained in complete contracting models. the property rights approach based on incomplete contracting has been criticized by williamson ( 2000 ) because it is focused on ex - ante investment incentives, while it neglects ex - post inefficiencies. it has been pointed out by schmitz ( 2006 ) that the property rights approach can be extended to the case of asymmetric information, which may explain ex - post inefficiencies. the property rights approach has also been extended by chiu ( 1998 ) and demeza and lockwood ( 1998 ), who allow for different ways to model the renegotiations. in a more recent extension, hart and moore ( 2008 ) have argued that contracts may serve as reference points. the theory of incomplete contracts has been successfully applied in various contexts, including privatization, international trade, management of research & development, allocation of formal and real authority, advocacy, and many others. the 2016 nobel prize in economics was awarded to oliver d. hart and bengt holmstrom for their contribution to contract theory, including incomplete contracts. = = in economic theory = = in 1986, grossman and hart ( 1986 ) used incomplete contract theory in their seminal paper on the costs and benefits of vertical integration to answer the question " what is a firm and what determines its boundaries? ". the grossman - hart theory of property rights is the first to explain in a straightforward manner why markets are so important in the context of organizational choice. the advantage of non - integrated markets is that the owners ( entrepreneurs ) can exercise their control,
in the securities market, buying in refers to a process by which the buyer of securities, whose seller fails to deliver the securities contracted for, can buy the securities from a third party and demand the difference in price from the original seller. thus, the original seller need not deliver the sold security, but must provide the cash difference of the security sold. a buy in event occurs when the original counterparty, the seller, fails to make delivery on the actual security transacted. = = securities market use = = = = = buy - in rule on the uk equity market = = = on the english stock exchange, a transaction by which, if a member has sold securities which he fails to deliver on settling day, or any of the succeeding ten days following the settlement, the buyer may give instructions to a stock exchange official to " buy in " the stock required. the official announces the quantity of stock, and the purpose for which he requires it, and whoever sells the stock must be prepared to deliver it immediately. the original seller has to pay the difference between the two prices, if the latter is higher than the original contract price. a similar practice, termed " selling out, " prevails when a purchaser fails to take up his securities. = = references = =
Answer:
|
Perry is entitled to the proceeds of the sale when it closes.
| null |
Seller and Buyer execute an agreement for the sale of real property on September 1, 1971. The jurisdiction in which the property is located recognizes the principle of equitable conversion and has no statute pertinent to this problem."Assume for this question only that Seller dies before closing and his will leaves his personal property to Perry and his real property to Rose. 60 There being no breach of the agreement by either party, which of the following is correct?
0. Death, an eventuality for which the parties could have provided, terminates the agreement if they did not so provide.
1. Rose is entitled to the proceeds of the sale when it closes, because the doctrine of equitable conversion does not apply to these circumstances.
2. Perry is entitled to the proceeds of the sale when it closes.
3. Title was rendered unmarketable by Seller's death
with regard to the company, which are claimed to be true at both the time of signing and the time of closing. sellers often attempt to craft their representations and warranties with knowledge qualifiers, dictating the level of knowledge applicable and which seller parties'knowledge is relevant. some agreements provide that if the representations and warranties by the seller prove to be false, the buyer may claim a refund of part of the purchase price, as is common in transactions involving privately held companies ( although in most acquisition agreements involving public company targets, the representations and warranties of the seller do not survive the closing ). representations regarding a target company's net working capital are a common source of post - closing disputes. covenants, which govern the conduct of the parties, both before the closing ( such as covenants that restrict the operations of the business between signing and closing ) and after the closing ( such as covenants regarding future income tax filings and tax liability or post - closing restrictions agreed to by the buyer and seller parties ). termination rights, which may be triggered by a breach of contract, a failure to satisfy certain conditions or the passage of a certain period of time without consummating the transaction, and fees and damages payable in case of a termination for certain events ( also known as breakup fees ). provisions relating to obtaining required shareholder approvals under state law and related sec filings required under federal law, if applicable, and terms related to the mechanics of the legal transactions to be consummated at closing ( such as the determination and allocation of the purchase price ) and post - closing adjustments ( such as adjustments after the final determination of working capital at closing or earnout payments payable to the sellers ), repayment of outstanding debt, and the treatment of outstanding shares, options and other equity interests ). an indemnification provision, which provides that an indemnitor will indemnify, defend, and hold harmless the indemnitee ( s ) for losses incurred by the indemnitees as a result of the indemnitor's breach of its contractual obligations in the purchase agreement following the closing of a deal, adjustments may be made to some of the provisions outlined in the purchase agreement, such as the purchase price. these adjustments are subject to enforceability issues in certain situations. alternatively, certain transactions use the'locked box'approach, where the purchase price is fixed at signing and based on the seller's equity value at a pre - signing date and an interest charge. =
. it assumes a seller who is compelled to sell after an exposure period which is less than the market - normal time - frame. = = = price vs value = = = there can be differences between what the property is worth ( market value ) and what it cost to buy it ( price ). a price paid might not represent that property's market value. sometimes, special considerations may have been present, such as a special relationship between the buyer and the seller where one party had control or significant influence over the other party. in other cases, the transaction may have been just one of several properties sold or traded between two parties. in such cases, the price paid for any particular piece is not its market " value " ( with the idea usually being, though, that all the pieces and prices add up to the market value of all the parts ) but rather it's market " price ". at other times, a buyer may willingly pay a premium price, above the generally accepted market value, if his subjective valuation of the property ( its investment value for him ) was higher than the market value. one specific example of this is an owner of a neighboring property who, by combining his property with the subject property ( assemblage ), could obtain economies - of - scale and added value ( plottage value ). similar situations sometimes happen in corporate finance. for example, this can occur when a merger or acquisition happens at a price which is higher than the value represented by the price of the underlying stock. the usual explanation for these types of mergers and acquisitions is that " the sum is greater than its parts ", since full ownership of a company provides full control of it. this is something that purchasers will sometimes pay a high price for. this situation can happen in real estate purchases too. but the most common reason for value differing from price is that either the buyer or the seller is uninformed as to what a property's market value is but nevertheless agrees on a contract at a certain price which is either too expensive or too cheap. this is unfortunate for one of the two parties. it is the obligation of a real property appraiser to estimate the true market value of a property and not its market price. frequently, properties are assessed at a value below their market values ; this is known as fractional assessment. fractional assessment can result in properties that are assessed at 10 % or less of their given market values. = = = market value definitions in the united states = = = in the united states, apprai
property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. depending on the nature of the property, an owner of property may have the right to consume, alter, share, rent, sell, exchange, transfer, give away, or destroy it, or to exclude others from doing these things, as well as to perhaps abandon it ; whereas regardless of the nature of the property, the owner thereof has the right to properly use it under the granted property rights. in economics and political economy, there are three broad forms of property : private property, public property, and collective property ( or cooperative property ). property may be jointly owned by more than one party equally or unequally, or according to simple or complex agreements ; to distinguish ownership and easement from rent, there is an expectation that each party's will with regard to the property be clearly defined and unconditional.. the parties may expect their wills to be unanimous, or alternatively each may expect their own will to be sufficient when no opportunity for dispute exists. the first restatement defines property as anything, tangible or intangible, whereby a legal relationship between persons and the state enforces a possessory interest or legal title in that thing. this mediating relationship between individual, property, and state is called a property regime. in sociology and anthropology, property is often defined as a relationship between two or more individuals and an object, in which at least one of these individuals holds a bundle of rights over the object. the distinction between collective and private property is regarded as confusion, since different individuals often hold differing rights over a single object. types of property include real property ( the combination of land and any improvements to or on the ground ), personal property ( physical possessions belonging to a person ), private property ( property owned by legal persons, business entities or individual natural persons ), public property ( state - owned or publicly owned and available possessions ) and intellectual property β including exclusive rights over artistic creations and inventions. however, the latter is not always widely recognized or enforced. an article of property may have physical and incorporeal parts. a title, or a right of ownership, establishes the relation between the property and other persons, assuring the owner the right to dispose of the property as the owner sees fit. the unqualified term " property " is often used to refer specifically to real property. = = overview = = property is often defined by the code of the local sovereignty and protected wholly or -
party in the renegotiations ). oliver hart and his co - authors argue that the hold - up problem may be mitigated by choosing a suitable ownership structure ex - ante ( according to the incomplete contracting paradigm, more complex contractual arrangements are ruled out ). hence, the property rights approach to the theory of the firm can explain the pros and cons of vertical integration, thus providing a formal answer to important questions regarding the boundaries of the firm that were first raised by ronald coase ( 1937 ). the incomplete contracting approach has been subject of a still ongoing discussion in contract theory. in particular, some authors such as maskin and tirole ( 1999 ) argue that rational parties should be able to solve the hold - up problem with complex contracts, while hart and moore ( 1999 ) point out that these contractual solutions do not work if renegotiation cannot be ruled out. some authors have argued that the pros and cons of vertical integration can sometimes also be explained in complete contracting models. the property rights approach based on incomplete contracting has been criticized by williamson ( 2000 ) because it is focused on ex - ante investment incentives, while it neglects ex - post inefficiencies. it has been pointed out by schmitz ( 2006 ) that the property rights approach can be extended to the case of asymmetric information, which may explain ex - post inefficiencies. the property rights approach has also been extended by chiu ( 1998 ) and demeza and lockwood ( 1998 ), who allow for different ways to model the renegotiations. in a more recent extension, hart and moore ( 2008 ) have argued that contracts may serve as reference points. the theory of incomplete contracts has been successfully applied in various contexts, including privatization, international trade, management of research & development, allocation of formal and real authority, advocacy, and many others. the 2016 nobel prize in economics was awarded to oliver d. hart and bengt holmstrom for their contribution to contract theory, including incomplete contracts. = = in economic theory = = in 1986, grossman and hart ( 1986 ) used incomplete contract theory in their seminal paper on the costs and benefits of vertical integration to answer the question " what is a firm and what determines its boundaries? ". the grossman - hart theory of property rights is the first to explain in a straightforward manner why markets are so important in the context of organizational choice. the advantage of non - integrated markets is that the owners ( entrepreneurs ) can exercise their control,
in the securities market, buying in refers to a process by which the buyer of securities, whose seller fails to deliver the securities contracted for, can buy the securities from a third party and demand the difference in price from the original seller. thus, the original seller need not deliver the sold security, but must provide the cash difference of the security sold. a buy in event occurs when the original counterparty, the seller, fails to make delivery on the actual security transacted. = = securities market use = = = = = buy - in rule on the uk equity market = = = on the english stock exchange, a transaction by which, if a member has sold securities which he fails to deliver on settling day, or any of the succeeding ten days following the settlement, the buyer may give instructions to a stock exchange official to " buy in " the stock required. the official announces the quantity of stock, and the purpose for which he requires it, and whoever sells the stock must be prepared to deliver it immediately. the original seller has to pay the difference between the two prices, if the latter is higher than the original contract price. a similar practice, termed " selling out, " prevails when a purchaser fails to take up his securities. = = references = =
Answer:
|
Rose is entitled to the proceeds of the sale when it closes, because the doctrine of equitable conversion does not apply to these circumstances.
| 0.3 |
Seller and Buyer execute an agreement for the sale of real property on September 1, 1971. The jurisdiction in which the property is located recognizes the principle of equitable conversion and has no statute pertinent to this problem."Assume for this question only that Buyer dies before closing, there being no breach of the agreement by either party. Which of the following is appropriate in most jurisdictions?
0. Buyer's heir may specifically enforce the agreement.
1. Seller has the right to return the down payment and cancel the contract.
2. Death terminates the agreement.
3. Any title acquired would be unmarketable by reason of Buyer's death.
with regard to the company, which are claimed to be true at both the time of signing and the time of closing. sellers often attempt to craft their representations and warranties with knowledge qualifiers, dictating the level of knowledge applicable and which seller parties'knowledge is relevant. some agreements provide that if the representations and warranties by the seller prove to be false, the buyer may claim a refund of part of the purchase price, as is common in transactions involving privately held companies ( although in most acquisition agreements involving public company targets, the representations and warranties of the seller do not survive the closing ). representations regarding a target company's net working capital are a common source of post - closing disputes. covenants, which govern the conduct of the parties, both before the closing ( such as covenants that restrict the operations of the business between signing and closing ) and after the closing ( such as covenants regarding future income tax filings and tax liability or post - closing restrictions agreed to by the buyer and seller parties ). termination rights, which may be triggered by a breach of contract, a failure to satisfy certain conditions or the passage of a certain period of time without consummating the transaction, and fees and damages payable in case of a termination for certain events ( also known as breakup fees ). provisions relating to obtaining required shareholder approvals under state law and related sec filings required under federal law, if applicable, and terms related to the mechanics of the legal transactions to be consummated at closing ( such as the determination and allocation of the purchase price ) and post - closing adjustments ( such as adjustments after the final determination of working capital at closing or earnout payments payable to the sellers ), repayment of outstanding debt, and the treatment of outstanding shares, options and other equity interests ). an indemnification provision, which provides that an indemnitor will indemnify, defend, and hold harmless the indemnitee ( s ) for losses incurred by the indemnitees as a result of the indemnitor's breach of its contractual obligations in the purchase agreement following the closing of a deal, adjustments may be made to some of the provisions outlined in the purchase agreement, such as the purchase price. these adjustments are subject to enforceability issues in certain situations. alternatively, certain transactions use the'locked box'approach, where the purchase price is fixed at signing and based on the seller's equity value at a pre - signing date and an interest charge. =
party in the renegotiations ). oliver hart and his co - authors argue that the hold - up problem may be mitigated by choosing a suitable ownership structure ex - ante ( according to the incomplete contracting paradigm, more complex contractual arrangements are ruled out ). hence, the property rights approach to the theory of the firm can explain the pros and cons of vertical integration, thus providing a formal answer to important questions regarding the boundaries of the firm that were first raised by ronald coase ( 1937 ). the incomplete contracting approach has been subject of a still ongoing discussion in contract theory. in particular, some authors such as maskin and tirole ( 1999 ) argue that rational parties should be able to solve the hold - up problem with complex contracts, while hart and moore ( 1999 ) point out that these contractual solutions do not work if renegotiation cannot be ruled out. some authors have argued that the pros and cons of vertical integration can sometimes also be explained in complete contracting models. the property rights approach based on incomplete contracting has been criticized by williamson ( 2000 ) because it is focused on ex - ante investment incentives, while it neglects ex - post inefficiencies. it has been pointed out by schmitz ( 2006 ) that the property rights approach can be extended to the case of asymmetric information, which may explain ex - post inefficiencies. the property rights approach has also been extended by chiu ( 1998 ) and demeza and lockwood ( 1998 ), who allow for different ways to model the renegotiations. in a more recent extension, hart and moore ( 2008 ) have argued that contracts may serve as reference points. the theory of incomplete contracts has been successfully applied in various contexts, including privatization, international trade, management of research & development, allocation of formal and real authority, advocacy, and many others. the 2016 nobel prize in economics was awarded to oliver d. hart and bengt holmstrom for their contribution to contract theory, including incomplete contracts. = = in economic theory = = in 1986, grossman and hart ( 1986 ) used incomplete contract theory in their seminal paper on the costs and benefits of vertical integration to answer the question " what is a firm and what determines its boundaries? ". the grossman - hart theory of property rights is the first to explain in a straightforward manner why markets are so important in the context of organizational choice. the advantage of non - integrated markets is that the owners ( entrepreneurs ) can exercise their control,
. it assumes a seller who is compelled to sell after an exposure period which is less than the market - normal time - frame. = = = price vs value = = = there can be differences between what the property is worth ( market value ) and what it cost to buy it ( price ). a price paid might not represent that property's market value. sometimes, special considerations may have been present, such as a special relationship between the buyer and the seller where one party had control or significant influence over the other party. in other cases, the transaction may have been just one of several properties sold or traded between two parties. in such cases, the price paid for any particular piece is not its market " value " ( with the idea usually being, though, that all the pieces and prices add up to the market value of all the parts ) but rather it's market " price ". at other times, a buyer may willingly pay a premium price, above the generally accepted market value, if his subjective valuation of the property ( its investment value for him ) was higher than the market value. one specific example of this is an owner of a neighboring property who, by combining his property with the subject property ( assemblage ), could obtain economies - of - scale and added value ( plottage value ). similar situations sometimes happen in corporate finance. for example, this can occur when a merger or acquisition happens at a price which is higher than the value represented by the price of the underlying stock. the usual explanation for these types of mergers and acquisitions is that " the sum is greater than its parts ", since full ownership of a company provides full control of it. this is something that purchasers will sometimes pay a high price for. this situation can happen in real estate purchases too. but the most common reason for value differing from price is that either the buyer or the seller is uninformed as to what a property's market value is but nevertheless agrees on a contract at a certain price which is either too expensive or too cheap. this is unfortunate for one of the two parties. it is the obligation of a real property appraiser to estimate the true market value of a property and not its market price. frequently, properties are assessed at a value below their market values ; this is known as fractional assessment. fractional assessment can result in properties that are assessed at 10 % or less of their given market values. = = = market value definitions in the united states = = = in the united states, apprai
ask why purchase orders and invoices are needed when digital systems can deliver goods confirmations and authorize funds, and suggest that digital functionality and supply analytics will change the landscape for purchase orders and processes " in the coming years ". = = legal = = although a typical purchase order may not be worded as a contract ( in fact most contain little more than a list of the goods or services the buyer desires to purchase, along with price, payment terms, and shipping instructions ), the purchase order is a specially regarded instrument regulated by the uniform commercial code or other similar law which establishes a purchase order as a contract by its nature. yet despite the nature of the purchase order as a contract, it is common to accompany the acceptance of a purchase order with a legal document such as the terms and conditions of sale, which establish specific or additional legal conditions of the contract. the us federal acquisition regulation states that purchase orders should generally be issued on a fixed - price basis, but provision is also made for unpriced purchase orders to be issued where " it is impractical to obtain pricing in advance of issuance of the purchase order ". in the uk, the office of government commerce noted with concern in 2010 that " contracting authorities [ were ] not always raising purchase orders ", and that where they were used, invoices were not always being reconciled to purchase orders before payment. some organisations operate a " no po, no pay " policy, which means that invoices which do not refer to a purchase order number will be returned to the supplier unpaid. the city of london corporation, for example, operates such a policy. = = formats = = = = = electronic = = = many purchase orders are no longer paper - based but rather transmitted electronically over the internet. it is common for electronic purchase orders to be used to buy goods or services of any type online. there are many names for electronic purchase orders. they are sometimes referred to as e - procurement, e - purchasing, or e - purchase requisition. = = = non - electronic = = = the record of purchase order in most business firms are still on paper and thus there is a need for proper purchase order format. many users wish to have professional formatting for purchase orders for several reasons. a company may wish to have a strong understanding of purchase transactions or to know the basic requirements of purchase order. it may also make it part of business documentation, which makes the process easier while keeping record of all transactions and to have good impression on the client or
in the securities market, buying in refers to a process by which the buyer of securities, whose seller fails to deliver the securities contracted for, can buy the securities from a third party and demand the difference in price from the original seller. thus, the original seller need not deliver the sold security, but must provide the cash difference of the security sold. a buy in event occurs when the original counterparty, the seller, fails to make delivery on the actual security transacted. = = securities market use = = = = = buy - in rule on the uk equity market = = = on the english stock exchange, a transaction by which, if a member has sold securities which he fails to deliver on settling day, or any of the succeeding ten days following the settlement, the buyer may give instructions to a stock exchange official to " buy in " the stock required. the official announces the quantity of stock, and the purpose for which he requires it, and whoever sells the stock must be prepared to deliver it immediately. the original seller has to pay the difference between the two prices, if the latter is higher than the original contract price. a similar practice, termed " selling out, " prevails when a purchaser fails to take up his securities. = = references = =
Answer:
|
Buyer's heir may specifically enforce the agreement.
| null |
Seller and Buyer execute an agreement for the sale of real property on September 1, 1971. The jurisdiction in which the property is located recognizes the principle of equitable conversion and has no statute pertinent to this problem."Assume for this question only that Buyer dies before closing, there being no breach of the agreement by either party. Which of the following is appropriate in most jurisdictions?
0. Buyer's heir may specifically enforce the agreement.
1. Seller has the right to return the down payment and cancel the contract.
2. Death terminates the agreement.
3. Any title acquired would be unmarketable by reason of Buyer's death.
with regard to the company, which are claimed to be true at both the time of signing and the time of closing. sellers often attempt to craft their representations and warranties with knowledge qualifiers, dictating the level of knowledge applicable and which seller parties'knowledge is relevant. some agreements provide that if the representations and warranties by the seller prove to be false, the buyer may claim a refund of part of the purchase price, as is common in transactions involving privately held companies ( although in most acquisition agreements involving public company targets, the representations and warranties of the seller do not survive the closing ). representations regarding a target company's net working capital are a common source of post - closing disputes. covenants, which govern the conduct of the parties, both before the closing ( such as covenants that restrict the operations of the business between signing and closing ) and after the closing ( such as covenants regarding future income tax filings and tax liability or post - closing restrictions agreed to by the buyer and seller parties ). termination rights, which may be triggered by a breach of contract, a failure to satisfy certain conditions or the passage of a certain period of time without consummating the transaction, and fees and damages payable in case of a termination for certain events ( also known as breakup fees ). provisions relating to obtaining required shareholder approvals under state law and related sec filings required under federal law, if applicable, and terms related to the mechanics of the legal transactions to be consummated at closing ( such as the determination and allocation of the purchase price ) and post - closing adjustments ( such as adjustments after the final determination of working capital at closing or earnout payments payable to the sellers ), repayment of outstanding debt, and the treatment of outstanding shares, options and other equity interests ). an indemnification provision, which provides that an indemnitor will indemnify, defend, and hold harmless the indemnitee ( s ) for losses incurred by the indemnitees as a result of the indemnitor's breach of its contractual obligations in the purchase agreement following the closing of a deal, adjustments may be made to some of the provisions outlined in the purchase agreement, such as the purchase price. these adjustments are subject to enforceability issues in certain situations. alternatively, certain transactions use the'locked box'approach, where the purchase price is fixed at signing and based on the seller's equity value at a pre - signing date and an interest charge. =
party in the renegotiations ). oliver hart and his co - authors argue that the hold - up problem may be mitigated by choosing a suitable ownership structure ex - ante ( according to the incomplete contracting paradigm, more complex contractual arrangements are ruled out ). hence, the property rights approach to the theory of the firm can explain the pros and cons of vertical integration, thus providing a formal answer to important questions regarding the boundaries of the firm that were first raised by ronald coase ( 1937 ). the incomplete contracting approach has been subject of a still ongoing discussion in contract theory. in particular, some authors such as maskin and tirole ( 1999 ) argue that rational parties should be able to solve the hold - up problem with complex contracts, while hart and moore ( 1999 ) point out that these contractual solutions do not work if renegotiation cannot be ruled out. some authors have argued that the pros and cons of vertical integration can sometimes also be explained in complete contracting models. the property rights approach based on incomplete contracting has been criticized by williamson ( 2000 ) because it is focused on ex - ante investment incentives, while it neglects ex - post inefficiencies. it has been pointed out by schmitz ( 2006 ) that the property rights approach can be extended to the case of asymmetric information, which may explain ex - post inefficiencies. the property rights approach has also been extended by chiu ( 1998 ) and demeza and lockwood ( 1998 ), who allow for different ways to model the renegotiations. in a more recent extension, hart and moore ( 2008 ) have argued that contracts may serve as reference points. the theory of incomplete contracts has been successfully applied in various contexts, including privatization, international trade, management of research & development, allocation of formal and real authority, advocacy, and many others. the 2016 nobel prize in economics was awarded to oliver d. hart and bengt holmstrom for their contribution to contract theory, including incomplete contracts. = = in economic theory = = in 1986, grossman and hart ( 1986 ) used incomplete contract theory in their seminal paper on the costs and benefits of vertical integration to answer the question " what is a firm and what determines its boundaries? ". the grossman - hart theory of property rights is the first to explain in a straightforward manner why markets are so important in the context of organizational choice. the advantage of non - integrated markets is that the owners ( entrepreneurs ) can exercise their control,
. it assumes a seller who is compelled to sell after an exposure period which is less than the market - normal time - frame. = = = price vs value = = = there can be differences between what the property is worth ( market value ) and what it cost to buy it ( price ). a price paid might not represent that property's market value. sometimes, special considerations may have been present, such as a special relationship between the buyer and the seller where one party had control or significant influence over the other party. in other cases, the transaction may have been just one of several properties sold or traded between two parties. in such cases, the price paid for any particular piece is not its market " value " ( with the idea usually being, though, that all the pieces and prices add up to the market value of all the parts ) but rather it's market " price ". at other times, a buyer may willingly pay a premium price, above the generally accepted market value, if his subjective valuation of the property ( its investment value for him ) was higher than the market value. one specific example of this is an owner of a neighboring property who, by combining his property with the subject property ( assemblage ), could obtain economies - of - scale and added value ( plottage value ). similar situations sometimes happen in corporate finance. for example, this can occur when a merger or acquisition happens at a price which is higher than the value represented by the price of the underlying stock. the usual explanation for these types of mergers and acquisitions is that " the sum is greater than its parts ", since full ownership of a company provides full control of it. this is something that purchasers will sometimes pay a high price for. this situation can happen in real estate purchases too. but the most common reason for value differing from price is that either the buyer or the seller is uninformed as to what a property's market value is but nevertheless agrees on a contract at a certain price which is either too expensive or too cheap. this is unfortunate for one of the two parties. it is the obligation of a real property appraiser to estimate the true market value of a property and not its market price. frequently, properties are assessed at a value below their market values ; this is known as fractional assessment. fractional assessment can result in properties that are assessed at 10 % or less of their given market values. = = = market value definitions in the united states = = = in the united states, apprai
ask why purchase orders and invoices are needed when digital systems can deliver goods confirmations and authorize funds, and suggest that digital functionality and supply analytics will change the landscape for purchase orders and processes " in the coming years ". = = legal = = although a typical purchase order may not be worded as a contract ( in fact most contain little more than a list of the goods or services the buyer desires to purchase, along with price, payment terms, and shipping instructions ), the purchase order is a specially regarded instrument regulated by the uniform commercial code or other similar law which establishes a purchase order as a contract by its nature. yet despite the nature of the purchase order as a contract, it is common to accompany the acceptance of a purchase order with a legal document such as the terms and conditions of sale, which establish specific or additional legal conditions of the contract. the us federal acquisition regulation states that purchase orders should generally be issued on a fixed - price basis, but provision is also made for unpriced purchase orders to be issued where " it is impractical to obtain pricing in advance of issuance of the purchase order ". in the uk, the office of government commerce noted with concern in 2010 that " contracting authorities [ were ] not always raising purchase orders ", and that where they were used, invoices were not always being reconciled to purchase orders before payment. some organisations operate a " no po, no pay " policy, which means that invoices which do not refer to a purchase order number will be returned to the supplier unpaid. the city of london corporation, for example, operates such a policy. = = formats = = = = = electronic = = = many purchase orders are no longer paper - based but rather transmitted electronically over the internet. it is common for electronic purchase orders to be used to buy goods or services of any type online. there are many names for electronic purchase orders. they are sometimes referred to as e - procurement, e - purchasing, or e - purchase requisition. = = = non - electronic = = = the record of purchase order in most business firms are still on paper and thus there is a need for proper purchase order format. many users wish to have professional formatting for purchase orders for several reasons. a company may wish to have a strong understanding of purchase transactions or to know the basic requirements of purchase order. it may also make it part of business documentation, which makes the process easier while keeping record of all transactions and to have good impression on the client or
in the securities market, buying in refers to a process by which the buyer of securities, whose seller fails to deliver the securities contracted for, can buy the securities from a third party and demand the difference in price from the original seller. thus, the original seller need not deliver the sold security, but must provide the cash difference of the security sold. a buy in event occurs when the original counterparty, the seller, fails to make delivery on the actual security transacted. = = securities market use = = = = = buy - in rule on the uk equity market = = = on the english stock exchange, a transaction by which, if a member has sold securities which he fails to deliver on settling day, or any of the succeeding ten days following the settlement, the buyer may give instructions to a stock exchange official to " buy in " the stock required. the official announces the quantity of stock, and the purpose for which he requires it, and whoever sells the stock must be prepared to deliver it immediately. the original seller has to pay the difference between the two prices, if the latter is higher than the original contract price. a similar practice, termed " selling out, " prevails when a purchaser fails to take up his securities. = = references = =
Answer:
|
Any title acquired would be unmarketable by reason of Buyer's death.
| 0.3 |
Farquart had made a legally binding promise to furnish his son Junior and the latter's fiancΓΒ©e a house on their wedding day, planned for June 10, 1972. Pursuant to that promise, Farquart telephoned his old contractor-friend Sawtooth on May 1, 1971, and made the following oral agreement ΒΒeach making full and accurate written notes thereof: Sawtooth was to cut 30 trees into fireplace logs from a specified portion of a certain oneacre plot owned by Farquart, and Farquart was to pay therefor $20 per tree. Sawtooth agreed further to build a house on the plot conforming to the specifications of Plan OP5 published by Builders, Inc., for a construction price of $18,000. Farquart agreed to make payments of $2,000 on the first of every month for nine months beginning August 1, 1971, upon monthly presentation of a certificate by Builders, Inc., that the specifications of Plan OP5 were being met. Sawtooth delivered the cut logs to Farquart in July 1971, when he also began building the house. Farquart made three $2,000 payments for the work done in July, August, and September 1971, without requiring a certificate. Sawtooth worked through October, but no work was done from November 1, 1971, to the end of February 1972, because of bad weather, and Farquart made no payments during that period. Sawtooth did not object. On March 1, 1972, Sawtooth demanded payment of $2,000; but Farquart refused on the grounds that no construction work had been done for four months and Builders had issued no certificate. Sawtooth thereupon abandoned work and repudiated the agreement. "Assuming that Sawtooth committed a total breach on March 1, 1972, what would be the probable measure of Farquart's damages in an action against Sawtooth for breach of contract?
0. Restitution of the three monthly installments paid in August, September, and October.
1. What it would cost to get the house completed by another contractor, minus installments not yet paid to Sawtooth.
2. The difference between the market value of the partly built house, as of the time of Sawtooth's breach, and the market value of the house if completed according to specifications.
3. In addition to other legally allowable damages, an allowance for Farquart's mental distress if the house cannot be completed in time for Junior's wedding on June 10, 1972.
have been demonstrated repeatedly. researches on selecting project delivery systems by victor sanvido and mark konchar of pennsylvania state university found that design β build projects are delivered 33. 5 % faster than projects that are designed and built under separate contracts ( design - bid - build ). sanvido and konchar also showed that design β build projects are constructed 12 % faster * and have a unit cost that is 6. 1 % lower than design - bid - build projects. similar cost and time savings were found in a comparison study of design β build, and design - bid - build for the water / wastewater construction industry, a peer - reviewed paper authored by smith culp consulting that will be published in july 2011 by the american society of civil engineers. a benchmarking and claims study by victor o. schinnerer, one of the world's largest firms underwriting professional liability and specialty insurance programs, found that, from 1995 to 2004, only 1. 3 % of claims against a / e firms were made by design β build contractors. advantages have been summarized as : efficiency : typically led by contractors,'design β build'has evolved as an efficient way to deliver projects primarily where the building project goals are straightforward, either constrained by budget, or the outcome is prescribed by functional requirements ( for example, a highway, sports facility, or brewery ). construction industry commentators have described design β build as a high performance'construction project delivery system ', a dynamic approach to making buildings that presents an alternative to the traditional design - bid - build approach. single - source : design β build is growing because of the advantages of single - source management : unlike traditional design - bid - build, it allows for the owner to contract with just one party who acts as a single point of contact, is responsible for delivering the project and coordinates the rest of the team. depending on the phasing of the project, there may be multiple sequential contracts between the owner and the design β builder. the owner benefits because if something turns out to be wrong with the project, there is a single entity that is responsible for fixing the problem, rather than a separate designer and constructor each blaming the other. = = = advantages for less - prescriptive projects = = = architect - led design β build is suited primarily to less prescriptive architectural projects ( private residences, non - profit institutions, museums ), for the efficiencies it yields and the sophisticated design interpretation it affords, particularly : where the primary project goals are design - driven
have been demonstrated repeatedly. researches on selecting project delivery systems by victor sanvido and mark konchar of pennsylvania state university found that design β build projects are delivered 33. 5 % faster than projects that are designed and built under separate contracts ( design - bid - build ). sanvido and konchar also showed that design β build projects are constructed 12 % faster * and have a unit cost that is 6. 1 % lower than design - bid - build projects. similar cost and time savings were found in a comparison study of design β build, and design - bid - build for the water / wastewater construction industry, a peer - reviewed paper authored by smith culp consulting that will be published in july 2011 by the american society of civil engineers. a benchmarking and claims study by victor o. schinnerer, one of the world's largest firms underwriting professional liability and specialty insurance programs, found that, from 1995 to 2004, only 1. 3 % of claims against a / e firms were made by design β build contractors. advantages have been summarized as : efficiency : typically led by contractors,'design β build'has evolved as an efficient way to deliver projects primarily where the building project goals are straightforward, either constrained by budget, or the outcome is prescribed by functional requirements ( for example, a highway, sports facility, or brewery ). construction industry commentators have described design β build as a high performance'construction project delivery system ', a dynamic approach to making buildings that presents an alternative to the traditional design - bid - build approach. single - source : design β build is growing because of the advantages of single - source management : unlike traditional design - bid - build, it allows for the owner to contract with just one party who acts as a single point of contact, is responsible for delivering the project and coordinates the rest of the team. depending on the phasing of the project, there may be multiple sequential contracts between the owner and the design β builder. the owner benefits because if something turns out to be wrong with the project, there is a single entity that is responsible for fixing the problem, rather than a separate designer and constructor each blaming the other. = = = advantages for less - prescriptive projects = = = architect - led design β build is suited primarily to less prescriptive architectural projects ( private residences, non - profit institutions, museums ), for the efficiencies it yields and the sophisticated design interpretation it affords, particularly : where the primary project goals are design - driven
attention and funds were diverted owing to the civil war and reconstruction. not until after 1877 did attention return to the everglades. = = = hamilton disston's canals = = = after the civil war, an agency named the internal improvement fund ( iif ), charged with using grant money to improve florida's infrastructure through canals, rail lines, and roads, was eager to be rid of the debt incurred by the civil war. iif trustees found a pennsylvania real estate developer named hamilton disston who was interested in implementing plans to drain the land for agriculture. disston was persuaded to buy 4, 000, 000 acres ( 16, 000 km2 ) of land for $ 1 million in 1881 ( $ 32. 6 million in 2024 ). the new york times declared it the largest purchase of land ever by any individual. disston began building canals near st. cloud to lower the basin of the caloosahatchee and kissimmee rivers. his workers and engineers faced conditions similar to those of the soldiers during the seminole wars ; it was harrowing, backbreaking labor in dangerous conditions. the canals seemed at first to work in lowering the water levels in the wetlands surrounding the rivers. another dredged waterway between the gulf of mexico and lake okeechobee was built, opening the region to steamboat traffic. disston's engineers focused on lake okeechobee as well. as one colleague put it, " okeechobee is the point to attack " ; the canals were to be " equal or greater than the inflow from the kissimmee valley, which is the source of all the evil. " disston sponsored the digging of a canal 11 miles ( 18 km ) long from lake okeechobee towards miami, but it was abandoned when the rock proved denser than the engineers had expected. though the canals lowered the groundwater, their capacity was inadequate for the wet season. a report that evaluated the failure of the project concluded : " the reduction of the waters is simply a question of sufficient capacity in the canals which may be dug for their relief ". though disston's canals did not drain, his purchase primed the economy of florida. it made news and attracted tourists and land buyers alike. within four years property values doubled, and the population increased significantly. one newcomer was the inventor thomas edison, who bought a home in fort myers. disston opened real estate offices throughout the united states and europe, and sold tracts of land
##udent approach to finish design and get a fixed lump - sum price before starting construction ( the design β bid β build process ). however, if there is a reason to speed project delivery, fast - track can be used with any project delivery strategy, such as cm at risk and agency cm ( see construction management ), design β build, bridging and integrated project delivery. even the traditional design β bid β build process can use fast - track concepts by bidding separate general construction contracts for phases of the work. however, many owners choose experienced project teams and consider the rewards to be well worth the risks. one source states that fast - track is used on 40 percent of building projects. = = history of the process = = for most of the 19th and 20th centuries, the common project delivery process was sequential design β bid β build, with a time period between the completion of one phase and the start of the next one. an architect and / or engineer completed a design, made detailed construction drawings, wrote specifications and invited multiple contractors to submit proposals stipulating their price to execute the project., typically, government organizations preferred a " lump sum " bid for all phases of the work ( all off design - build ) and were also required to award construction work to the lowest qualified bidder. the political assumption was that the low lump sum bid demonstrated a prudent use of public money, and open competitive bidding demonstrated a fair selection of contractors. since competitive lump - sum bidding required complete construction drawings and specifications, fast - track as used in industry was unavailable to public owners. however, most public procurement regulations allowed procurement of architectural, engineering and other services based on the qualifications of the service provider. ( see the brooks act for the approach used by the federal government. ) in the 1960s, during the vietnam war, students enrolled in higher education were deferred from the draft. consequently, colleges and universities exploded. the crowding problems were acute because the delivery of design and construction for academic buildings usually took 4 to 6 years. meanwhile, the high rate of inflation was eroding construction budgets. a 4 - 5 year project schedule might see the buying power of appropriated funds for building projects reduced significantly. in 1968, the new york state university construction fund ( sucf ) retained caudill rowlett scott ( crs ) to study ways to shorten schedules. the completed study hypothesized that the sucf could save 25 β 45 percent of the time with phased construction. they could stay within their procurement regulations by
. this can lead to loss of public confidence. the design brief is subject to different interpretations from both the client and contractor, creating a conflict of interest. it concluded the " design β build " approach and " mixed - use concept " together caused controversy, uncertainty, and complexity of the belmont project which helped increase the potential for project failure. while the belmont investigation cleared the los angeles unified school district of any criminal wrongdoing, the task force recommends strict oversight, including written protocols, a vigorous office of the inspector general, and other recommendations if it decides to continue to use the design β build approach. during the period in question, the ex - superintendent of lausd, ramon c. cortines, working with the lausd board of education, whose president is monica garcia, actively tried to cut the office of inspector general by 75 % ( compromising on 25 % ) and subsequently removed the inspector general jerry thornton after he produced critical audits that showed misuse of construction funds. others have argued that architect - led design β build still does : typical project management issues ( establishing liability, writing contracts, scoping estimates and schedule ) or variation across different states'licensing laws or conflict of interest and ethical issues it also imposes : greater business and financial risks associated with architect taking on general contractor responsibilities changes to the way architects do business, so they establish a construction company as a separate corporation that signs a separate construction contract, so they are able to insure and simplify liability insurance coverage either they have, or are able to acquire, the skills of a design β builder recognize the parties'different incentives modify how they prepare contract documents, relying more on performance specifications than they do currently, to facilitate substitutions for the benefit of the constructor. = = project examples = = examples of contractor - led design β build projects include : dena'ina civic & convention center, anchorage, ak, neeser construction, inc. : in 2010, it won the 2010 dbia design build merit award for a public sector project over $ 50 million. walter cronkite school of journalism and mass communication : phoenix, az, ehrlich architects. in 2009, it won the 2009 dbia national design build award for a public sector project over $ 25 million. federal law enforcement training center dormitory, north charleston, sc, the korte company. in 2012, it won the 2012 dbia design build merit award for a public sector project over $ 15 million. = = see also = = architectural management design β bid β build = = references =
Answer:
|
What it would cost to get the house completed by another contractor, minus installments not yet paid to Sawtooth.
| null |
Farquart had made a legally binding promise to furnish his son Junior and the latter's fiancΓΒ©e a house on their wedding day, planned for June 10, 1972. Pursuant to that promise, Farquart telephoned his old contractor-friend Sawtooth on May 1, 1971, and made the following oral agreement ΒΒeach making full and accurate written notes thereof: Sawtooth was to cut 30 trees into fireplace logs from a specified portion of a certain oneacre plot owned by Farquart, and Farquart was to pay therefor $20 per tree. Sawtooth agreed further to build a house on the plot conforming to the specifications of Plan OP5 published by Builders, Inc., for a construction price of $18,000. Farquart agreed to make payments of $2,000 on the first of every month for nine months beginning August 1, 1971, upon monthly presentation of a certificate by Builders, Inc., that the specifications of Plan OP5 were being met. Sawtooth delivered the cut logs to Farquart in July 1971, when he also began building the house. Farquart made three $2,000 payments for the work done in July, August, and September 1971, without requiring a certificate. Sawtooth worked through October, but no work was done from November 1, 1971, to the end of February 1972, because of bad weather, and Farquart made no payments during that period. Sawtooth did not object. On March 1, 1972, Sawtooth demanded payment of $2,000; but Farquart refused on the grounds that no construction work had been done for four months and Builders had issued no certificate. Sawtooth thereupon abandoned work and repudiated the agreement. "Assuming that Sawtooth committed a total breach on March 1, 1972, what would be the probable measure of Farquart's damages in an action against Sawtooth for breach of contract?
0. Restitution of the three monthly installments paid in August, September, and October.
1. What it would cost to get the house completed by another contractor, minus installments not yet paid to Sawtooth.
2. The difference between the market value of the partly built house, as of the time of Sawtooth's breach, and the market value of the house if completed according to specifications.
3. In addition to other legally allowable damages, an allowance for Farquart's mental distress if the house cannot be completed in time for Junior's wedding on June 10, 1972.
have been demonstrated repeatedly. researches on selecting project delivery systems by victor sanvido and mark konchar of pennsylvania state university found that design β build projects are delivered 33. 5 % faster than projects that are designed and built under separate contracts ( design - bid - build ). sanvido and konchar also showed that design β build projects are constructed 12 % faster * and have a unit cost that is 6. 1 % lower than design - bid - build projects. similar cost and time savings were found in a comparison study of design β build, and design - bid - build for the water / wastewater construction industry, a peer - reviewed paper authored by smith culp consulting that will be published in july 2011 by the american society of civil engineers. a benchmarking and claims study by victor o. schinnerer, one of the world's largest firms underwriting professional liability and specialty insurance programs, found that, from 1995 to 2004, only 1. 3 % of claims against a / e firms were made by design β build contractors. advantages have been summarized as : efficiency : typically led by contractors,'design β build'has evolved as an efficient way to deliver projects primarily where the building project goals are straightforward, either constrained by budget, or the outcome is prescribed by functional requirements ( for example, a highway, sports facility, or brewery ). construction industry commentators have described design β build as a high performance'construction project delivery system ', a dynamic approach to making buildings that presents an alternative to the traditional design - bid - build approach. single - source : design β build is growing because of the advantages of single - source management : unlike traditional design - bid - build, it allows for the owner to contract with just one party who acts as a single point of contact, is responsible for delivering the project and coordinates the rest of the team. depending on the phasing of the project, there may be multiple sequential contracts between the owner and the design β builder. the owner benefits because if something turns out to be wrong with the project, there is a single entity that is responsible for fixing the problem, rather than a separate designer and constructor each blaming the other. = = = advantages for less - prescriptive projects = = = architect - led design β build is suited primarily to less prescriptive architectural projects ( private residences, non - profit institutions, museums ), for the efficiencies it yields and the sophisticated design interpretation it affords, particularly : where the primary project goals are design - driven
have been demonstrated repeatedly. researches on selecting project delivery systems by victor sanvido and mark konchar of pennsylvania state university found that design β build projects are delivered 33. 5 % faster than projects that are designed and built under separate contracts ( design - bid - build ). sanvido and konchar also showed that design β build projects are constructed 12 % faster * and have a unit cost that is 6. 1 % lower than design - bid - build projects. similar cost and time savings were found in a comparison study of design β build, and design - bid - build for the water / wastewater construction industry, a peer - reviewed paper authored by smith culp consulting that will be published in july 2011 by the american society of civil engineers. a benchmarking and claims study by victor o. schinnerer, one of the world's largest firms underwriting professional liability and specialty insurance programs, found that, from 1995 to 2004, only 1. 3 % of claims against a / e firms were made by design β build contractors. advantages have been summarized as : efficiency : typically led by contractors,'design β build'has evolved as an efficient way to deliver projects primarily where the building project goals are straightforward, either constrained by budget, or the outcome is prescribed by functional requirements ( for example, a highway, sports facility, or brewery ). construction industry commentators have described design β build as a high performance'construction project delivery system ', a dynamic approach to making buildings that presents an alternative to the traditional design - bid - build approach. single - source : design β build is growing because of the advantages of single - source management : unlike traditional design - bid - build, it allows for the owner to contract with just one party who acts as a single point of contact, is responsible for delivering the project and coordinates the rest of the team. depending on the phasing of the project, there may be multiple sequential contracts between the owner and the design β builder. the owner benefits because if something turns out to be wrong with the project, there is a single entity that is responsible for fixing the problem, rather than a separate designer and constructor each blaming the other. = = = advantages for less - prescriptive projects = = = architect - led design β build is suited primarily to less prescriptive architectural projects ( private residences, non - profit institutions, museums ), for the efficiencies it yields and the sophisticated design interpretation it affords, particularly : where the primary project goals are design - driven
attention and funds were diverted owing to the civil war and reconstruction. not until after 1877 did attention return to the everglades. = = = hamilton disston's canals = = = after the civil war, an agency named the internal improvement fund ( iif ), charged with using grant money to improve florida's infrastructure through canals, rail lines, and roads, was eager to be rid of the debt incurred by the civil war. iif trustees found a pennsylvania real estate developer named hamilton disston who was interested in implementing plans to drain the land for agriculture. disston was persuaded to buy 4, 000, 000 acres ( 16, 000 km2 ) of land for $ 1 million in 1881 ( $ 32. 6 million in 2024 ). the new york times declared it the largest purchase of land ever by any individual. disston began building canals near st. cloud to lower the basin of the caloosahatchee and kissimmee rivers. his workers and engineers faced conditions similar to those of the soldiers during the seminole wars ; it was harrowing, backbreaking labor in dangerous conditions. the canals seemed at first to work in lowering the water levels in the wetlands surrounding the rivers. another dredged waterway between the gulf of mexico and lake okeechobee was built, opening the region to steamboat traffic. disston's engineers focused on lake okeechobee as well. as one colleague put it, " okeechobee is the point to attack " ; the canals were to be " equal or greater than the inflow from the kissimmee valley, which is the source of all the evil. " disston sponsored the digging of a canal 11 miles ( 18 km ) long from lake okeechobee towards miami, but it was abandoned when the rock proved denser than the engineers had expected. though the canals lowered the groundwater, their capacity was inadequate for the wet season. a report that evaluated the failure of the project concluded : " the reduction of the waters is simply a question of sufficient capacity in the canals which may be dug for their relief ". though disston's canals did not drain, his purchase primed the economy of florida. it made news and attracted tourists and land buyers alike. within four years property values doubled, and the population increased significantly. one newcomer was the inventor thomas edison, who bought a home in fort myers. disston opened real estate offices throughout the united states and europe, and sold tracts of land
##udent approach to finish design and get a fixed lump - sum price before starting construction ( the design β bid β build process ). however, if there is a reason to speed project delivery, fast - track can be used with any project delivery strategy, such as cm at risk and agency cm ( see construction management ), design β build, bridging and integrated project delivery. even the traditional design β bid β build process can use fast - track concepts by bidding separate general construction contracts for phases of the work. however, many owners choose experienced project teams and consider the rewards to be well worth the risks. one source states that fast - track is used on 40 percent of building projects. = = history of the process = = for most of the 19th and 20th centuries, the common project delivery process was sequential design β bid β build, with a time period between the completion of one phase and the start of the next one. an architect and / or engineer completed a design, made detailed construction drawings, wrote specifications and invited multiple contractors to submit proposals stipulating their price to execute the project., typically, government organizations preferred a " lump sum " bid for all phases of the work ( all off design - build ) and were also required to award construction work to the lowest qualified bidder. the political assumption was that the low lump sum bid demonstrated a prudent use of public money, and open competitive bidding demonstrated a fair selection of contractors. since competitive lump - sum bidding required complete construction drawings and specifications, fast - track as used in industry was unavailable to public owners. however, most public procurement regulations allowed procurement of architectural, engineering and other services based on the qualifications of the service provider. ( see the brooks act for the approach used by the federal government. ) in the 1960s, during the vietnam war, students enrolled in higher education were deferred from the draft. consequently, colleges and universities exploded. the crowding problems were acute because the delivery of design and construction for academic buildings usually took 4 to 6 years. meanwhile, the high rate of inflation was eroding construction budgets. a 4 - 5 year project schedule might see the buying power of appropriated funds for building projects reduced significantly. in 1968, the new york state university construction fund ( sucf ) retained caudill rowlett scott ( crs ) to study ways to shorten schedules. the completed study hypothesized that the sucf could save 25 β 45 percent of the time with phased construction. they could stay within their procurement regulations by
. this can lead to loss of public confidence. the design brief is subject to different interpretations from both the client and contractor, creating a conflict of interest. it concluded the " design β build " approach and " mixed - use concept " together caused controversy, uncertainty, and complexity of the belmont project which helped increase the potential for project failure. while the belmont investigation cleared the los angeles unified school district of any criminal wrongdoing, the task force recommends strict oversight, including written protocols, a vigorous office of the inspector general, and other recommendations if it decides to continue to use the design β build approach. during the period in question, the ex - superintendent of lausd, ramon c. cortines, working with the lausd board of education, whose president is monica garcia, actively tried to cut the office of inspector general by 75 % ( compromising on 25 % ) and subsequently removed the inspector general jerry thornton after he produced critical audits that showed misuse of construction funds. others have argued that architect - led design β build still does : typical project management issues ( establishing liability, writing contracts, scoping estimates and schedule ) or variation across different states'licensing laws or conflict of interest and ethical issues it also imposes : greater business and financial risks associated with architect taking on general contractor responsibilities changes to the way architects do business, so they establish a construction company as a separate corporation that signs a separate construction contract, so they are able to insure and simplify liability insurance coverage either they have, or are able to acquire, the skills of a design β builder recognize the parties'different incentives modify how they prepare contract documents, relying more on performance specifications than they do currently, to facilitate substitutions for the benefit of the constructor. = = project examples = = examples of contractor - led design β build projects include : dena'ina civic & convention center, anchorage, ak, neeser construction, inc. : in 2010, it won the 2010 dbia design build merit award for a public sector project over $ 50 million. walter cronkite school of journalism and mass communication : phoenix, az, ehrlich architects. in 2009, it won the 2009 dbia national design build award for a public sector project over $ 25 million. federal law enforcement training center dormitory, north charleston, sc, the korte company. in 2012, it won the 2012 dbia design build merit award for a public sector project over $ 15 million. = = see also = = architectural management design β bid β build = = references =
Answer:
|
Restitution of the three monthly installments paid in August, September, and October.
| 0.3 |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.