In Flagiello v. Pennsylvania Hospital, the court had to balance the hospital's negligence against the charitable immunity doctrine to determine whether Flagiello could recover for injuries sustained on the hospital's property. The court determined that:
A. the charitable immunity doctrine was specifically and clearly written so they were bound to follow the clear intent of the statutory scheme and find for the hospital.
B. the charitable immunity doctrine had been litigated in the past and stare decisis required that the court adhereto established case precedent and find for the hospital.
C.current societal norms rendered the charitable immunity doctrine inapplicable to this case and that fundamental fairness allowed the court to deviate from established case precedent and find for Flagiello.
D. the charitable immunity doctrine can only be repealed or overturned by the state's legislature and that stare decisis required that case precedent be followed, however, due to the severity of Flagiello's injuries, the charitable immunity doctrine allowed for certain exceptions, permitting Flagiello to recover in this case.
Answer:
current societal norms rendered the charitable immunity doctrine inapplicable to this case and that fundamental fairness allowed the court to deviate from established case precedent and find for Flagiello.
Explanation:
In Appeals, Nos. 293 and 351, Jan. T., 1964, from judgments of Court of Common Pleas No. 4 of Philadelphia County, Dec. T., 1963, No. 4018 is found a case of Mrs. C Mary, and her husband Thomas Flagiello against the Pennsylvania Hospital, in which the Flagiellos rightly stated that Mrs Mary was injured in the Pennsylvania Hospital where she paid $24.50 a day for hospital facilities and nursing care. An action of trespass was brought against the medical institution and two employees were said to be involved.
The hospital accepted their wrong doings but they should not be liable since they are an organization dependent on charity. After series of legal proceedings, the court finally affirmed that precedents would not be followed in the case and that charities, like the hospital, must be liable
Final answer:
In Flagiello v. Pennsylvania Hospital, the court found that societal changes made the charitable immunity doctrine inapplicable, allowing Flagiello to recover for injuries sustained on the hospital's property.
Explanation:
In Flagiello v. Pennsylvania Hospital, the court had to weigh the application of the charitable immunity doctrine against claims of negligence by the hospital in a case where Flagiello was injured on the hospital's property. The correct decision made by the court was that current societal norms rendered the charitable immunity doctrine inapplicable in this case. The court found that fundamental fairness and changing societal values allowed for deviation from established case precedent, enabling Flagiello to recover for her injuries.
This represents a significant shift in how courts perceive and apply doctrines like charitable immunity, often influenced by changes in societal attitudes toward institutions and the accountability expected of them, especially in contexts where public safety and welfare are concerned.
Formal rulemaking differs from informal rulemaking in: a. public notice is required for formal rulemaking not informal. b. a public comment period is needed for formal rulemaking but not informal. c. no modification period exists in formal rulemaking. d. none of the above
Answer:
Option D is correct
Explanation:
Informal rule process doesn't require hearings to be conducted on proposed rules but public comment is required for crafting regulations in a manner that reflects the stake holders popular opinions.
A formal rule requires a hearing process to be conducted in other to deliberate on the proposed rules.
A legal provision known as the _______________ provides a "bounty" provision for whistleblowers whose actions result in a legal conviction. The monetary award may total as high as 30% of the amount collected for violations that exceed $1 million.
Answer:
A legal provision known as the ______Dodd-Frank Wall Street Reform and Consumer Protection Act_________ provides a "bounty" provision for whistleblowers whose actions result in a legal conviction. The monetary award may total as high as 30% of the amount collected for violations that exceed $1 million.
Explanation:
The Dodd-Frank Wall Street Reform and Consumer Protection Act is a law that regulates the financial markets and protects consumers.
Where is this found in the constitution In 2008, senators called on congress to stop taxing gasoline. This was to help with rising gas prices that summer
Answer:
B) It included mathematical equations that explained and predicted the movement of the sun and the moon. Explanation: Isaac Newton is regarded as one of the most significant scientists in history. During his lifetime Newton revealed the law of gravity, the laws of motion which became the foundation for physics, a new type of mathematics named calculus, and made discoveries in the field of optics such as the reflecting telescope.
One of the key difficulties was the national government's lack of tax-levying authority. To avoid any perception of “taxation without representation,” only state governments were allowed to impose taxes under the Articles of Confederation.
What senators called on congress to stop taxing gasoline?The power to “lay and collect taxes” was granted to Congress in the first clause of Article I, Section 8, not only to pay off the nation's immediate debt from the Revolutionary War. Which was at the time its most pressing concern. But also, more broadly and in the future, to “provide for the common Defense and general Welfare of the United States.”
The new form of government prohibited states from issuing their own minted money and gave Congress jurisdiction over interstate commerce. Additionally, it gave the federal government authority to tax people.
Therefore, the Constitution expanded the federal government's authority over money and taxes.
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Many jurisdictions have contracted with private prisons to solve their overcrowding problems. Identify at least two benefits achieved in contracting with a private prison.
Identify at least two disadvantages resulting from contracting with a private prison.Cite at least two articles (not in the class reading list) to support your response.
Comment on the postings of at least two of your classmates.
Answer: According to the article "The Economics of Private Prisions", the advantages of contracting with private prisions are the prices, which are cheaper than public ones for tax payers, since the company hired is the one responsible for solving any structural demands for example, that is currently generating over 80 billion dollars a year in expenses to be mantained for the government. Also, private companies generate jobs for the community, which could be the other advantage of contracting private prison services. The disadvantages, as pointed in "ISSUES IN CONTRACTING FOR THE PRIVATE OPERATION OF PRISONS AND JAILS", are concerning the fact that those prisons are able to "choose the criminal" according to the offense of the convict, and then aren't obliged to accept all of them as public ones are. Also, the ratio of convicts to employees are higher, and it is reported that these employees face 50% more violence acts against them when compared to public institutions.
Answer:
In parts of the United States there are prisons which, instead of being run directly by the government, in the traditional style, are run with private interests. The state authorities allocate money to the financing and make sure that they follow the same standards as state prisons, for example in terms of cells, food, work, rights and other conditions.
Advantages and disadvantages arise from this situation. As for the advantages, we can see that the government invests less money than it would invest if the prison were state-owned, so less money is invested in an activity that is not productive in itself, being able to allocate that public money to another type of expenses most necessary to improve the life of society. In addition, the fact that private prisons coexist with state prisons implies that the prison system is not saturated, since many investors can create new prisons, avoiding overcrowding of convicts as happens in other parts of the world.
As for the disadvantages, the main one is that the prison ceases to be a punishment for the inmate and a protection for society to be a business, so that since there is an economic interest, there can be an over-incarceration of the accused in the various criminal trials of the country. In addition, the lowering of costs in the prison day to day may lead to the violation of the rights of prisoners.
Contributions to PACs are protected by: a. the due process clause. b. the First Amendment. c. various state laws, but not protected at the federal level. d. none of the above
Answer:
b. the First Amendment.
Explanation:
The First Amendment Protects Both Political Donations and Campaign Spending
E-Sign: a. applies only to interstate transactions. b. must still be adopted by the states to be effective. c. does not apply to contracts for the sale of goods. d. applies in all 50 states. e. none of the above
Answer:
The answer is option d.
Explanation:
Congress adopted an Act that accepted the use of electronic signatures across all the fifty states of the United States of America. Thr president signed this into law in the same year of 2000.
E-signs refer to electronic signatures. In layman terms, rather than only a signature made in writing being considered as legally valid, an electronic signature was accepted as being legally valid as well. The law was introduced in part to correct the issues arising from different states having their own divergent laws concerning electronic signatures at a state level. This act made it a standard that would be applied all the 50 states.
Was Congressional Reconstruction more about racial equality or political power? Explain your answer.
Answer:
Congressional Reconstruction more about ‘racial equality‘
Explanation:
Because congressional reconstruction was about the rights of the freed slaves when they were released from captivity, so that they can have equal rights with the non slaves. And it also encourages newly freed slaves to pursue economic , social and political opportunities
The United States Courts of Appeals are: Select one: a. The original jurisdiction for filing actions for civil rights actions against the United States. b. Located in each state in the union. c. Regional federal courts which hear appeals from lower federal courts.
Answer:
Option C, Regional federal courts which hear appeals from lower federal courts.Explanation:
The United States Courts of Appeal or the Circuit Courts hear appeals from district court as well as appeals from decisions of federal administrative agencies.
When the decision passed by the lower feral courts fail to resolve disputes, the concerned parties may file an appeal from the United States Courts of Appeal to resolve the case.
Most cases of appeals are finalized in these courts. The court of appeals' decision usually is the final decision in most cases, unless the parties ask the U.S. Supreme Court to review the case through an appeal again.
Why have some states placed restrictions on intrastate and interstate branches? What historical laws gave this right to states? What law changed these restrictions?
Answer:
The wave of bank failures in the 1920s threatened to undermine political support for banks. Eight states located in the east and south allowed the opening of branches without restrictions. Another 13 states allowed the opening of branches with strong restrictions to protect competition from bankers in rural areas.
Explanation:
The Grass-Steagall Act of 1933 was used to support unit banks and preserve their income by isolating them from competition. This law was designed to hinder the chains and groups of unit banks to organize themselves in a farm. This law discouraged bank consolidation by limiting operations when subscribing securities by banks. The ban on paying interest on demand deposits affected banks even more.
The reforms of the 1930s not only managed to limit mortgage loans, but also established certain specific restrictions to attract agricultural interests affected government subsidies.
A major blow to these laws that prohibited the opening of interstate branches came in 1982, when the Bank Holdings Act of 1956 was amended by Congress to allow bankrupt banks to get acquired by any bank holding .
The final blow to the unit banks came in 1994, when Congress reached the Riegle-Neal Law on interstate banking and branch efficiency. With this law, banks have branches both inside and outside the borders.
Describe several situations in which compulsion, consent, or other excuses take away criminal liability.
Answer:
Absolute excuses are the causes that operate on a crime, eliminating its punishability, as a result of reasons not linked to either unlawfulness or guilt, but rather the reasons linked to utility or material justice.
Explanation:
Among some causes of exclusion from punishment are inviolabilities, which are based on the relevant role played by the body to which the person who has the prerogative of inviolability belongs, for example, the Head of State, deputies and Senators, the Constitutional Court magistrates and the Ombudsman.
Another cause of exclusion is the cover-up between relatives, those of their spouse or person to whom they are stably linked through an emotional relationship, their ascendants, descendants, brothers, by nature or by adoption.
Another cause is the exceptio veritatis, in which the defendant of the crime of slander will be exempt from any penalty proving the criminal act he has charged. The exceptio veritatis constitutes an objective cause of exclusion of the penalty that may take place during the course of the slander process and that finds its foundation in the interest of the State.
Compulsion, consent, and other excuses can take away criminal liability in certain situations in criminal law. Examples include compulsion under duress, informed consent, and other excuses like self-defense or necessity.
Explanation:In criminal law, there are situations in which compulsion, consent, or other excuses can take away criminal liability. Some examples include:
Compulsion: If a person is forced or threatened to commit a crime under duress, they may be considered not criminally liable. For example, if someone is held at gunpoint and instructed to rob a bank, their actions may be excused due to the compulsion.Consent: In certain cases, if a person willingly and informedly consents to an act that would otherwise be considered a crime, it may take away their criminal liability. For instance, if two individuals engage in consensual activities that are typically illegal, such as sexual acts between consenting adults, their actions may not be considered criminal.Other Excuses: There are various other situations that can excuse criminal liability, such as self-defense, necessity, and infancy. For example, if someone acts in self-defense to protect themselves from harm, their actions may be justified and not considered criminal.A traffic court: a. is a court of federal jurisdiction. b. is a court of limited jurisdiction. c. is an appellate court from small claims. d. both a and b
Answer:
b. is a court of limited jurisdiction.
Explanation:
A traffic court is a minor court for disposition of petty prosecutions for violations of statutes, ordinances, and local regulations governing the use of highways and motor vehicles
An attorney, who is a certified elder law specialist, entered into a partnership with a certified financial planner. The partnership provided legal and other assistance to clients in connection with issues related to aging. The attorney did not allow the certified financial planner to interfere with the attorney's independent legal judgment. The financial planner performed only work that she was authorized to perform as a certified financial planner.Is the attorney subject to discipline?(A) Yes, because the attorney formed a partnership with a certified financial planner and some of the activities of this partnership consisted of the practice of law.(B) Yes, because the attorney's clients are subject to undue influence if they receive their legal services and financial planning at the same time.(C) No, because it is in the best interests of the attorney's clients to receive coordinated advice about both legal services and financial planning.(D) No, because the attorney did not allow the certified financial planner to interfere with the attorney's independent legal judgment.
Answer:
(A) Yes, because the attorney formed a partnership with a certified financial planner and some of the activities of this partnership consisted of the practice of law.
Explanation:
Rule 5.4: Professional Independence of a Lawyer
(b) A lawyer shall not form a partnership with a nonlawyer if any of the activities of the partnership consist of the practice of law.
A compulsory workers’ compensation law claims that are made when an injury took place on the employer’s premises but did not arise out of the worker’s employment are covered by workers’ compensation.a. Trueb. False
Answer:
false
Explanation:
Accidents and illnesses are part of the injuries mostly covered in the employee compensation claims as result of the exposure of the individual to the work related activities, materials or equipment. The injured employee, in most cases, are required to quickly file for the claims within a stipulated number of days as stated in their employment acts.
However, when the employee gets injured within the premises while he or she engages in other unsafe acts or from another fellow employee, such are not usually covered in the compensation benefits claims.
If history is a guage, the U.S. Government cannot be trusted when it comes to sending our children to war. It seems that many years after Congress sends our children to war, we find out that the basic premise for the war was an intentional lie.a. Trueb. False
Answer:
true
Explanation:
During the bloody Vietnam war, it was said that on august 1964, a certain section of the media reported that there were renewed attacks against the American destroyers by the Vietnam people and in response to that, the sitting president of America ordered the retaliatory attacks in which the American planes were seen to hit north Vietnam in order to stop the aggression. Further investigation revealed that there was NO renewed attacks and all were lies about that, which resulted in the death of over 50,000 American
The Superior Court of New Jersey decided that (select 3 of the answer options below): a. The jury verdict should be reinstated. b. The Pagans were liable for the assault. c. The trial court ruling should be upheld. d. In most circumstances, a bar owner does not have a general duty of care to his/her patrons. e. Kerkoulas violated her duty of care because she knew of a likely danger to visitors.
Answer:
A,C,E
Explanation:
The Superior Court of New Jersey decided to uphold the jury verdict and the trial court ruling, also stating that a bar owner usually does not have a general duty of care toward patrons.
Explanation:The Superior Court of New Jersey reviewed the case and made the following decisions: a. The jury verdict should be reinstated. c. The trial court ruling should be upheld. d. In most circumstances, a bar owner does not have a general duty of care to his/her patrons. This highlights the complex nature of the legal system and the necessity for accurate interpretation of laws and precedents.
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2. Japan, North Korea, and the Philippines each have a constitution. What role does each country's constitution play in organizing power in the government and shaping the lives of citizens? (3 points)
Answer:
In Japan the role of the constitution is to provide a parliamentary system of government and it also guarantees the fundamental human rights of its citizens.
In North Korea: The constitution institute the supreme peoples's assembly as the highest government institution but the citizens have limited freedom of movement outside the country.
In Philippines: the role of the constitution in Philippines is that it promotes effective industrialization and all natural resources within the country shall be owned by the states. The citizens try to choose leaders that will embody their ideas.
Explanation:
constitution: this is an establish law that determines how things are to be conducted or how a place is to be governed.
Citizens:A person who is a member of a particular country and has his fundamental human rights.
1. Which body parts are most protected by the head restraint in a vehicle? A. Head, hands, and neck B. Neck, spine, and torso C. Head, back, and shoulders D. Arms, shoulders, and hands
Answer:
ID GUESS B IF ANYTHING
Explanation:
LOGIC
Neck, spine, and torso are most protected by the head restraint in a vehicle
Why are head restraints used in automobiles?In addition to obstructing the rear view and providing a pleasant place to rest your head while driving, head restraints, also known as headrests, are crucial for protecting the head and neck in auto accidents and reducing the risk of whiplash. The main purpose of headrests in cars is safety; they're designed to lessen whiplash, a painful consequence of the head and neck moving backward during a rear collision.
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What is the monetary floor an federal government contractor must meet to have executive order 11246 imposed?
Answer:
Explanation: Executive Order 11246 originally issued by President Johnson in 1965 but which was On July 21, signed into law by President Obama. The order which provides requirements for the non-discriminatory practices in the process of hiring and overall employment of contractors.
The Executive Order prohibits federal contractors and federally-assisted construction contractors and subcontractors who do over Ten Thousand Dollars in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin. The Executive Order also requires Government contractors to take affirmative action to ensure that equal opportunity is provided in all aspects of their employment.
It requires federal contractors with fifty or more employees and Fifty Thousand dollars or more in federal contracts to develop written affirmative action plans for women and minorities.
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs is tasked with enforcing this E.O.
Answer:
Prohibition of contractors who earn above $10000 to discrimination.
Explanation:
The Executive Order prohibits federal contractors and federally‐assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identity or national origin
Congress has the power to overturn an executive order by passing legislation that invalidates it. ... In the case of the former, the president retains the power to veto such a decision; however, the Congress may override a veto with a two-thirds majority to end an executive order.
You are a criminal defense attorney who has been asked to represent two youths who engaged in "gay bashing" against a homosexual male. The two defendants, both males, were propositioned by the victims in a bar near a college campus. In response to the solicitation by the victim, your clients brought the victim to a motel under the guise of a romantic encounter but once the three arrived, the two youths attacked the victim, beating him with fists, feet, and clubs. The victim sustained serious injuries and was in a coma for ten days.
The two suspects were arrested a few days after the assault and contacted you to represent them. You have taken a strong and very public stance against gay people and same-sex marriage. You have also tried to influence Congress to repeal hate crime legislation, stating that it unfairly discriminates against some types of victims. This public stance was the main reason the two suspects contacted you to represent them.
Questions
Do you agree to represent the two suspects or turn them down? Why?
If you agree to represent the two suspects, could you separate your personal biases against gays and adequately represent them?
Do you think your public (and personal) stance on homosexuality will adversely affect the jury? If so, in what ways?
Should there be a different standard of justice on the basis of race, religious beliefs, or sexual orientation? Why or why not?
Would you use the homosexual advance theory in this case? Why or why not?
Answer:
You press charges.
Explanation:
If someone is "gay bashing" it is law to press charges.
Some assaults are lawful
Answer:
Yes, some assaults are lawful. They are;
Assault committed as a result of self-defenseIn a case of Medical interventionA sport that allows touching.AccidentExplanation:
Assault refers to a situation when a person is threatened and physically caused grievous bodily harm by another person. Assault can both be a civil and criminal wrong. When it is a civil wrong, you claim damages (money) for the harm caused by the act of another. When it is a criminal wrong, the person who assaulted another person will be sentenced to prison for a specified number of months or years depending on how grievous the harm is by a Court of Law. In the United States, the maximum sentence given to a person guilty of assault depends on the Jurisdiction (States).
To prove an assault, certain elements must be present, namely;
That the defendant was the one that committed the wrong.That the defendant intentionally caused the victim grievous bodily harm.That the Defendant caused the victim to have grievous bodily harm.What court case established the principle of judicial review
Answer:
Judicial Review was established by the landmark decision in Marbury v. Madison, 1803.
Explanation:
Judicial review is the ability of court to decide if any law violates the constitution.
A woman entered into a contract with a famous painter for a portrait of her cat. Tragically, the painter, the cat, and the half-completed portrait perished together in a fire.
If the woman sues the painter's estate for breach of contract, a court will likely find that the fire caused the painter's contractual duties to be discharged by:___________
Answer:
It would find the impossibility excuse which would mean that no further duties could possibly be discharged by the painter under these circumstances and all duties before these circumstances occurred had been discharged by the painter.
Explanation:
The impossibility defense would mean that since it is impossible for the painter to discharge his duties due to the cat, the painting, and the painter himself having perished in the fire, an action which is non reversible, It is impossible for the work to continue.
Answer:
impossibility
Explanation:
A discharge of contract by impossibility of performance happens when the duty being contracted can no longer be formed due to death, or illness, or maybe as a result of a reason caused by the other party being involved in the contractual process. The painting is the subject matter which was destroyed in the process as stated in the question and if the painter remained alive, while other things got destroyed, he or she could be in a better position to repaint what was required either from the memory of the cat being retained or from a possible photograph of the cat that was taken before the incident.
Although both Sec61 and Sec33 are both involved in secretion, do their localization patterns suggest that they have different roles? Why?
Answer:
They do have different roles.
Explanation:
A secreted protein begins its process in the Endoplasmic Reticulum then transported to the Golgi. Sec61 is present in the Endoplasmic Reticulum, we can say it's in the Endoplasmic Reticulum a role it is playing in the Endoplasmic Reticulum.
Also, Sec 33 is found in the Golgi, we can also say that Sec 33 has a role in the Golgi.
Sec61 might have a role in relational translocation in the Endoplasmic Reticulum, while Sec 33 a role of maybe processing the protein in the Golgi or transport protein between the Endoplasmic Reticulum and the Golgi.
Hence, since the roles of the Endoplasmic Reticulum and the Golgi are different in secretion so invariably, the roles of Sec 33 and Sec 61 must also be different.
Sec61 and Sec33 have different roles in protein secretion based on their localization patterns. Sec61 is a ribosome receptor and a gated pore for target proteins, while Sec33 is involved in post-translational import.
Explanation:Sec61 and Sec33 are both involved in protein secretion, but their localization patterns suggest that they have different roles. Sec61 is a ribosome receptor and a gated pore for the passage of target proteins, while Sec33 is involved in the post-translational import of proteins. Sec61 is part of the ER translocon complex and is located in the ER membrane, while Sec33 is required for the import of proteins into the ER and is also located in the ER membrane.
A promises B that if B doesn’t break any state or federal laws before he is 21 he will give B $5,000. B turns 21 and has not broken any state or federal laws. What best describes B’s legal position with respect to enforcing A’s promise to pay
Answer:
A has made a promise; therefore he must keep it.
Explanation:
A has made the promise to give the monet to B. He must keep that promise and make it real as B has done his part and did not break the law.
Civil law addresses activities and conduct harmful to society and is actively enforced by the state. _________________________
Answer:
This statement is false.
Explanation:
Civil law deals with disputes between organisations, individuals, or both. Damages are sought in the form of monetary compensation and settlements. The cases are filled by private parties, and the burden of proof is on the plaintiff.
The definition in the statement is that of criminal law which is enforced by the state, and where the burden of proof is on the state.
Data that must be retained for legal reasons is considered ______________ data. Select one: a. sensitive b. vital c. critical d. noncritical
Answer:
c. critical
Explanation:
Data that must be retained for legal reasons is considered _____critical_________ data.
The retention of data is a way of helping protect an organization's data and avoid economic, civil, and criminal penalties that increasingly accompany poor data management practices.
Why was the decision to assign jurisdiction over controversies between citizens of different states to the Supreme Court significant? a. It meant that the state courts, rather than the federal judiciary, would ultimately become the primary venue for resolving disputes. b. It meant that the federal judiciary, rather than the state courts, would ultimately become the primary venue for resolving disputes. c. It meant that courts at both the state and federal levels would become irrelevant to the operating of the American political system. d. It meant that the state courts would be allowed to use the power of judicial review on cases involving economic disputes.
Answer:
It meant that the federal judiciary, rather than the state courts, would ultimately become the primary venue for resolving disputes.
Explanation:
The decision to assign jurisdiction over controversies between citizens of different states to the Supreme Court meant that the federal judiciary, rather than the state courts, would ultimately become the primary venue for resolving disputes.
If all proper hand washing steps are followed, how long should the entire process take? At least 20 seconds At most 2 minutes At least 60 seconds At most 30 seconds
Answer:
At least 20 seconds
Explanation:
The hand washing process should take approximately 20 seconds.
The entire handwashing process, when following all proper steps, should take at least 20 seconds according to the CDC recommendations for the general public.
Explanation:The entire handwashing process, when following all proper steps, should take at least 20 seconds according to the CDC recommendations for the general public.
To ensure that you're washing your hands for the appropriate amount of time, you can use a timer or hum the 'Happy Birthday' song from beginning to end twice, as this takes around 20 seconds.
It's important to scrub your hands thoroughly, making sure to wash the most commonly missed areas, such as the thumb, wrist, areas between the fingers, and skin under the fingernails. Ideally, you should use a nail brush to remove any debris or microorganisms under the fingernails.
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Ralph is a resident of North Carolina. While driving through Texas, he has an accident involving Peter, a Texas resident. Peter files a lawsuit in a Texas state court. Over Ralph, the Texas court has:
Answer:
in personam jurisdiction.
Explanation:
Ralph is a resident of North Carolina. While driving through Texas, he has an accident involving Peter, a Texas resident. Peter files a lawsuit in a Texas state court. Over Ralph, the Texas court has in personam jurisdiction.
In personam means that a judgment can be enforceable against the person wherever he/she is.
Answer:
in personam jurisdiction
Explanation:
An in personam jurisdiction refers to the authority of the court to determine right and duties of the parties brought before it. when a court it means that the court has has the power to decide matters of a particular defendant.
A in personam jurisdiction will obligation that is imposed on an individual by the court become binding and the individual is obliged to carry out the decision imposed on him/ her by the court.
In the case of Ralph a North Carolina resident, who had an accident involving a Texas resident in Texas, the decision of the court will automatically be binding on him because the accident occurred with the state where the court has a jurisdiction.