A consumer filed a products liability action against a manufacturer in federal district court based on diversity jurisdiction. Prior to trial, the manufacturer filed a motion in limine to exclude testimony by an expert on the consumer's witness list on the grounds that it was based on subjective belief and unsupported speculation. After holding a hearing, the judge granted the manufacturer's motion. Because of this ruling and the consumer's inability to produce other evidence in support of her case, the judge granted the manufacturer's subsequent motion for summary judgment. The consumer appealed the judgment, contending that the district court judge had erroneously excluded the testimony of the consumer's expert.
In reviewing this challenge to the trial court's ruling, what standard should the appellate court apply?
Abuse of discretion, because the judge had made an evidentiary ruling.
Absence of a genuine dispute and entitlement to judgment as a matter of law, because the ruling affected the summary judgment motion.
A preponderance of the evidence, because the ruling was outcome determinative.
Clearly erroneous, because the ruling was made by the judge.

Answers

Answer 1

According to the choices of alternatives provided above, it may be stated that the standard of abuse of discretion should be applied by the appellate court in the review of the challenge to the trial court's ruling being made. Therefore, the option A holds true.

The abuse of discretion may be taken into interpretation as the breach of law wherein an individual misuses the power of discretion in his or her hands, in order to use them for gaining personal benefits, or with the primary intentions of a guilty mind being portrayed by the user.

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Related Questions

When congress wants to regulate an issue, it most often passes very detailed regulations so that there are no questions about its intent. True or False?

Answers

It's false. A bill is suggested by a member of Congress. A bill is a piece of writing that would come law if passed. Visit Congress.gov to view the textbook of bills that Congress has or is presently considering.

When a bill is passed, the House of Representatives harmonises its language before publishing it in the United States Code(U.S.C.). The general and endless laws of the United States are codified by subject matter in theU.S.C. TheU.S.C. has been released every six times since 1926. The most recent material is presented between editions in the form of periodic accretive supplements. We always consider if a regulation is indeed necessary before creating one.

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Treat alarm reports as potential crimes.

Answers

The statement "Treat alarm reports as potential crimes." is true

What is alarm?

Generally, Yes, it is appropriate to investigate alarm reports as possible criminal acts. It is possible that police will be called to investigate the situation depending on the kind of alarm report that was received.

Because alarm reports could pertain to theft, vandalism, fire, or any number of other potential acts of criminality, it is imperative that they be taken seriously and that appropriate action be taken in response to them.

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which of the constitutional provisions is at issue in schenck v. united states

Answers

The constitutional provision at issue in Schenck v. United States was the First Amendment, specifically the freedom of speech.

In Schenck v. United States case, the Supreme Court was tasked with determining whether Schenck's actions of distributing anti-war leaflets during World War I violated the Espionage Act of 1917 and, if so, whether that violated his First Amendment rights.

The Court ultimately ruled that Schenck's actions did violate the Espionage Act and that the First Amendment did not protect him in this instance. The Court held that the freedom of speech is not absolute and can be limited in times of war or when it presents a "clear and present danger" to the nation's security.

Hence, the constitutional provision at issue in Schenck v. United States was the First Amendment's freedom of speech, and the Court's ruling established the "clear and present danger" test for limiting that freedom in certain circumstances.

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identify the examples of conflicts of interest that can arise as a consequence of interlocking directorates.

Answers

Salary and benefits, theft of company property, self-dealing, exploitation of corporate possibilities, insider trading, and neglect of board duties are only a few examples of major conflicts of interest.

What could possibly be wrong with interconnected directorates?

Interlocking directorates are typically a problem that is harmful for both enterprises and the director. If a board member joins the board of a competing company, they will likely have access to proprietary information, which promotes unfair competition.

What makes for a good example of overlapping directorates?

If a firm purchases another company and one of its executives or directors is a member of the boards of directors or a director of both companies, for example, there may be a conflict of interest with the interlocking directorates. The shareholders or other board members frequently elect or nominate the members of the board of directors.

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If you were being interrogated by police detectives, do you think it is appropriate for them to lie to you to get to the truthPlease be detailed in your response

Answers

No, if you don’t tell the full truth you could potentially be fined for lying to authority and even if you HAD to lie to get the truth you shouldn’t because of they catch you it wouldn’t be worth it if you could’ve just told the truth in the beginning.

Answer:

The police can legally lie to you to get during an interrogation and young people are especially vulnerable to their tactics. In my opinion, I don't think it's appropriate for them to lie to you because when people are brought in for questioning by the police, they're expected to tell the truth. Most people would assume that the police must also be truthful during interrogations, but the reality is that the police can lie to you during an interrogation. I just don't think it's fair.

Explanation:

Bruce is charged with violating the Counterfeit Access Device and Computer Fraud and Abuse Act (CFAA). To be guilty of crime under the act, the prosecutor must prove that Bruce
a. accessed a computer without authority only.
b. accessed a computer without authority or took data.
c. accessed a computer without authority and took data.
d. took restricted or protected data only.

Answers

In the context of the situation of the context that has been provided above, it is to be stated that the prosecutor must prove that Bruce accessed a computer without an authorization. Therefore, the option A holds true.

A prosecutor is the person who has been given the responsibility of acting in either defense or proving the guilt of the plaintiff or the defendant. Moreover, the prosecutor must be putting his points in the direct interest of his or her client. This also includes to prove that his client had an unauthorized access to the computer.

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Two unrelated passengers on a small plane sued the pilot of the plane for injuries suffered during a rough landing after a sightseeing trip. They filed a negligence action in federal district court with the younger passenger, who had only minor injuries, claiming $5,000 in damages and the older passenger, whose injuries were life-threatening, claiming $95,000. The two passengers are citizens of the same state. The pilot is a citizen of another state. The pilot moved to dismiss the younger passenger's claim for lack of subject-matter jurisdiction.
Should the court dismiss the younger passenger's claim?
Joinder of Parties

Answers

No, the court may not need to dismiss the younger passenger's claim for lack of subject-matter jurisdiction because the court can exercise supplemental jurisdiction over the claim.

In this case, the court can exercise supplemental jurisdiction over the younger passenger's claim because it shares a common nucleus of operative fact with the older passenger's claim, which falls within the court's original subject matter jurisdiction. However, supplemental jurisdiction is not allowed if a supplemental claim contaminates diversity or seeks less than $75,000 in damages. Since both passengers are from the same state, there is no contamination.

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8. Law enforcement/police calls are
______based upon_____
by urgency and dispatched
priority levels and responder availability.

Answers

i don’t get it, calculated? there’s so many words that can fit there but realistically they are calculated and coordinated based on availability, if someone has something big happening they will prioritize that over something less serious, you can reply to this comment with the two words and i can help you with that but u did not give options so, i hope this helps.

how did the articles of confederation lay the groundwork for america’s future political structure?

Answers

By establishing the principle of land distribution and territorial government, confederation lays the groundwork for America’s future political structure.

Confederation is a group or organization of smaller groups. Confederation established the base of the governmental organization of United States. Confederation supports the system of republicanism. Under confederation the government lacked the control over commerce and tax. Confederation creates a union of sovereign states. The articles of confederation served as a written document that established the function of nation government of the United States after declaration of independence from Britain.

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Please read this case and answer the questions attached.

Answers

While a summary judgment motion is not a substitute for trial, it is a tool that allows courts to weed out cases that do not need a trial to be resolved.

If Taco bell won summary judgement in its favour what would happen to Wrench's case?

Taco Bell Corp. (Defendant) and Wrench, LLC (Plaintiff) discussed the potential use of Plaintiff's "Psycho Chihuahua" cartoon character. Plaintiff filed a lawsuit after Defendant started running commercials featuring a chihuahua, alleging Defendant had broken an implied-in-fact contract.

Pizza Hut was substituted for Taco Bell in several non-American releases because the former was at the time virtually unknown in many other nations. This includes dubbing and branding modifications made in post-production. In the end credits, Taco Bell is still mentioned.

Wrench filed a lawsuit in district court against Taco Bell, alleging, among other things, charges of unfair competition, conversion, misappropriation, and implied contract breach. The district court partially granted and partially rejected Taco Bell's move for dismissal.

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A person has been using a portion of their neighbor's land for years as a parking space, but
the neighbor now wants to sell the property to a developer. What legal action can the
person take to secure their right to park on the land?

Answers

Homeowners have the legal right to keep intruders off their property. People can do this by erecting fences, posting signs, or simply asking trespassers to leave. This is also known as an easement.

What is easement?

An easement is a nonpossessory right to use and/or enter another's real property without owning it. It is best exemplified by the right of way that one landowner, A, may have over the land of another, B. In most jurisdictions, an easement is a property right and type of incorporeal property in and of itself.

A landowner can call the police in cases of serious, repeated annoyance or threatened harm, and the police will usually warn the person to stay away and, if necessary, make an arrest.

Therefore, the person can charged of easement for using a portion of their neighbor's land for years as a parking space.

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Who nominates the justices to the Supreme Court?

Answers

The president of United States nominates the justices to the Supreme Court.

The supreme court is the apex court of United States i.e. the highest court in the land and the only part of federal judiciary required by the constitution. The president nominates judges of the supreme court, which is later discussed with the senate, and the justice is confirmed by the U.S. senate and hold their office for life tenure. The constitution wanted judiciary to be free from any judicial pressure that is why the nominations are made and after a complete discussion by panel of senate members judges are appointed.

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Explain the rights and duties of an advocate with illustation

Answers

Answer:ok i guess

Explanation:

This Act also prohibits any advertising of cigarettes and little cigars on radio, television, or other media regulated by the_________

Answers

This Act also prohibits any advertising of cigarettes and little cigars on radio, television, or other media regulated by the Federal Communications Commission.

Federal Cigarette Labeling and Advertising Act requires the manufacturers, packagers and importers to place one of the four provided statutory health warnings statement on the packages and boxes and in advertisements as well, it has to be printed on rotational basis as prescribed by the commission. The Family Smoking Prevention and Tobacco Control Act 2009 section 201(a) determines the importance of putting public health warnings on the products as well as in advertisements and get approval of the commission to the  department of health and human resources. All these steps are taken to make people aware of the hazardous impacts of such substances.

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Multiple Choice Questions 1. are used to create sections within a MS-Word document. (b) Mail break (c) Slide show (d) Brochures (a) Section breaks 2. In MS-PowerPoint 2007, clicking Slide Show button in View area on Status bar will (a) Save Presentation (b) Print Presentation (c) Run Presentation (d) Check Spelling 3. In MS-Excel, you can create If condition using (a) AND (b) OR (c) Both (a) and (b) 4. How many database(s) can be open at a time in MS-Access 2007? (a) Any number (b) Three (c) Two (d) None of these (d) One​

Answers

Answer:

Explanation:

(a) Section breaks

(c) Run Presentation

(c) Both (a) and (b)

(d) One

when do the courts choose how to detain a juvenile and decide if the case will be handled formally or informally?

Answers

Courts typically decide how to detain a juvenile based on factors such as the seriousness of the alleged offense, the juvenile’s history, and community safety. The decision whether to proceed informally or formally will be made after the court considers additional information such as the age of the juvenile, their history of juvenile delinquency, their amenability to supervision and treatment, and the community's need for protection from the alleged offense.

you do when you reach a STOP sign?
What must
a Come to a complete stop in the crosswalk.
Come to a complete stop.
Come to a complete stop behind the stop line.
D
Slow down and check for cross traffic and pedestrians.

Answers

Answer:

B. Come to a complete stop.

Explanation:

Answer:

Explanation:

Come to a complete stop behind the stop line.

when congress wants to regulate an issue, it most often passes very detailed regulations so that there are no questions about its intent.
True or False

Answers

The given statement " When congress wants to regulate an issue, it most often passes very detailed regulations so that there are no questions about its intent." is false in light of the fact that When congress needs to direct an issue, it most frequently passes extremely nitty gritty guidelines so there are no inquiries regarding its aim.

An administrative agency depicted about that framed by empowering regulation likewise gives the power to lay out guidelines that will authorize and execute the law.

Rule is another word that is utilized conversely with regulation. Regulations are otherwise called Demonstrations of Congress. The capability of the bureaucratic organization is to plays out an essential tasks in government that is execution, organization and guideline.

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Family A thinks family B is not entitled to a portion of the land because they are not the biological children of the ancestor whose land is in disputes. But family disagrees because they think they were adopted by the ancestor and therefore
her children also. A) diagnoses the nature of the family dispute, is it verbal or substantive?
b) identifies the source of disagreement?
c) outline your approaches to bringing peace between the two groups

Answers

A) The nature of the family dispute is substantive.

B) The source of the disagreement is over the entitlement to the land based on biological or adopted relationship with the ancestor.

C) Approaches to bringing peace between the two groups could include mediating the dispute with a neutral third party, exploring options for a compromise or cooperative solution, or engaging in a collaborative dialogue to better understand each other's perspectives and needs.

Family B may have a valid claim to the land if they can provide evidence that they were adopted by the ancestor whose land is in dispute. Adoption is a legal process and would be documented. If they can prove that they were adopted by the ancestor, they would likely be entitled to a portion of the land.

Both families should consider consulting a lawyer to help them settle the dispute. Additionally, if the dispute involves legal matters, both families may benefit from seeking legal counsel.

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Your attorney says that you have the preponderance of the evidence in your civil case. How do you interpret that statement?
O You are expected to win. The majority of facts and evidence provide support for your claim.
O You are expected to lose. The majority of facts and evidence support the claim of the other party.
O You are expected to win. The facts and evidence from the other party have been ruled inadmissable.
O You are expected to lose. The facts and evidence supporting your claim have been ruled inadmissable.

Answers

According to the preponderance standard, the burden of proof is satisfied when the party presenting it persuades the fact-finder that the claim has a higher than 50% chance of being true. In a civil trial, the burden of proof is this.

What is  preponderance standard ?

To establish anything by a majority of the evidence is to merely demonstrate that it is more probable than not. Do you think that each part of his or her [claim/counterclaim] is more likely to be true than false in light of the evidence and the law, to put it another way?

When presented with contradictory probabilities regarding a circumstance, a cautious man will proceed under the assumption that the real fact exists unless, after assessing the various possibilities, he decides that the preponderance is in favour of another course of action.

Hence option B is correct .

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Answer:

You are expected to win. The majority of facts and evidence provide support for your claim.

Explanation: got it right on my law studies exam

Tarek is single and has an adjusted gross income of $37,059. He claims one
exemption of $12,400. What is his tax due?
Use the table below to help you answer this question.

Answers

Tarek's tax due is given as $3200

How to solve for the tax due

To determine Tarek's tax due, we need to calculate his taxable income, then use the tax tables or a tax calculator to find the amount of tax owed.

First, let's calculate his taxable income:

Adjusted Gross Income (AGI) $37,059

Less: Personal exemption ($12,400)

Taxable Income $24,659

Next, we can use the tax tables for the 2021 tax year to find the amount of tax owed. Based on the taxable income of $24,659 and the tax tables for the 2021 tax year, Tarek's tax due would be approximately $3,206.

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True or false. All forms of notarial certificates require that the notary public lit the State and County in which the notarial action takes place.

Answers

I think the answer is true

All forms of notarial certificates require that the notary public lit the State and County in which the notarial action takes place. This statement is true.

What are notarial certificates?

The notarial certificate is a written declaration that certifies the details of a notarial act and is signed and sealed by a notary public. Giving oaths and accepting acknowledgments are the two most typical notarial actions that a notary will be required to complete. Oaths and acknowledgments are two distinct notarial acts, so each will call for a separate language in the certificate. Always ensure that you utilize proper notarial wording by consulting the commissioning authority in your state.

Notarization of legal documents helps to prevent fraud and ensure that transactions are carried out correctly. In order to weed out forgers and make sure that participants enter into an agreement voluntarily and knowingly, notaries are required to identify signatories to a document while confirming its authenticity.

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if the government becomes destructive what should happen?

Answers

It is the right of the people to change or abolish any form of government if it becomes harmful to these purposes (life, liberty, and the pursuit of happiness) and to enact new forms of governance.

This is a well-known quotation from Thomas Jefferson, and the phrase "whenever any Form of Government becomes destructive of these ends" means that:

According to the Declaration's fourth and last self-evident truth, citizens of a country have the right to organize a revolution if their government violates rather than protects their unalienable rights. The people have the right to overthrow such a government and install a new one that will behave in a way that would offer them safety and pleasure if the government is unable to achieve that.

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when a broker-dealer assists a corporation going public, it is acting as

Answers

A broker-dealer assists a corporation going public by acting as an underwriter.

In this role, the broker-dealer helps the corporation to issue and sell its securities to the public. This involves determining the price of the securities, creating a prospectus for potential investors, and managing the sale of the securities to the public.


As an underwriter, the broker-dealer also assumes some of the risk associated with the offering by agreeing to buy any unsold securities. This helps to ensure that the corporation is able to raise the necessary capital through the offering. Overall, the broker-dealer plays a crucial role in helping the corporation to go public and raise capital from investors.

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What is the first step in the pre writing process for an argumentative essay

Answers

Explanation:

The author should submit an evidence-based claim. Thus, the first step in the prewriting process for an argumentative essay is to develop an opinion.

Which of these results from the repeal of an item's subsidies?answer choicesa. a decrease in the price of that itemb. a leftward shift of that item's supply curvec. a rightward shift of that item's supply curved. an increase in reliance upon government regulation

Answers

The removal of an item's subsidies causes the supply curve for that item to move to the left.

A leftward shift of the supply curve represents a reduction in the amount of a good or service offered at a particular price. The non-price factors of demand cause changes in demand.

Tastes and preferences, population size or composition, costs of comparable commodities, and even expectations are other factors that might alter demand. A shift will result from a change in any one of the underlying variables that govern the volume of goods people are willing to purchase at a specific price.

The supply curve shifts to the right, creating an intersection where quantity and prices are lower, when demand is stable and supply is growing. A decrease in supply, on the other hand, leads the curve to shift to the left, increasing costs and decreasing quantity.

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full activation of an eoc can include personnel from assisting agencies. t/f

Answers

True. Personnel from supporting agencies may be included in the full activation of an eoc. To enhance event management, the EOC offers multiagency coordination of information and resources (on-scene operations).

In reaction to a significant catastrophe or disaster, the EOC is activated with all employees and may stay operational at this level for a number of weeks. Within NIMS Command and Coordination, EOCs perform the following primary duties: Information management is the process of gathering, evaluating, and communicating key information from multiple sources.

Resource management is the coordination of assistance for requests and needs for resources. When the EOC is activated, along with the supporting agencies, that is considered the full activation level. These organizations are in charge of assisting in the reaction to serious incidents or credible threats.

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The crime control perspective views the justice system as a means of caring for and treating people who cannot manage themselves. True or False

Answers

It is highly inappropriate and completely wrong to be mentioning that the crime control perspective is viewed as the justice system for treating people who are not able to manage themselves. Therefore, the given statement is false.

The justice system can be stated or considered as the system that provides legal aid and relief at the same time for the purpose of maintaining the law and order in the society that it exists in. The perspective of rehabilitation is viewed as the one wherein it provides justice for those who are not able to keep a control over themselves.

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QUESTION 1
All of these are ways to express a legal description EXCEPT

a. rectangular survey.
b. benchmarks.
c. lot and block.
d.metes and bounds.

Answers

All of these are ways to express a legal description EXCEPT benchmarks. Option B

Ways to express a legal description

A benchmark is a point of reference for surveying or mapping, often a physical mark on a permanent object such as a building or monument.

The method of expressing a legal description that is NOT one of the ways is "benchmarks."

While benchmarks may be used in the process of creating a legal description, they are not typically considered a method of expressing the description itself.

The other three methods listed are ways to express a legal description:

a. Rectangular survey: A rectangular survey is a system of surveying land in a grid pattern, with each parcel of land described by its location in the grid.

b. Lot and block: A lot and block system is a method of describing a parcel of land by its location within a subdivision or plat, often using a map or plan of the subdivision.

c. Metes and bounds: The metes and bounds system is a method of describing a parcel of land by its boundaries and physical landmarks, often using measurements and angles to define the boundaries.

Hence, the correct answer is benchmarks.

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In the United States, what recourse does an accused person have in case he or she cannot afford a private defense lawyer?a) The government will provide an attorney to the accused free of charge.b) The accused will have to spend his or her time in jail until he or she can obtain enough money to afford an attorney.c) He or she will have to defend himself or herself when the trial starts.d) A public defender will be appointed to the accused by the government for a nominal fee.

Answers

In the United States, an accused person who cannot afford a private defense lawyer the government will provide an attorney to the accused free of charge. (Option A)

In the US, if an accused person cannot afford a private defense lawyer, a public defender will be appointed to them by the government for free.  This is outlined in the Sixth Amendment of the U.S. Constitution, which guarantees the right to counsel for criminal defendants.

It is important to note that the right to counsel does not mean that an accused person is entitled to the lawyer of their choice, but rather that they are entitled to effective assistance of counsel. If an accused person is deemed indigent, or unable to afford a private defense lawyer, the government will appoint a public defender to represent them. Public defenders are attorneys who are employed by the government specifically to provide legal representation to those who cannot afford it.

In summary, an accused person in the United States who cannot afford a private defense lawyer will be provided with a public defender by the government at no cost to them.

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