A gas station owner properly filed a breach of a noncompete clause in an employment contract case in federal court against a former manager, who began building a similar gas station across the street. The owner's complaint requested money damages and an injunction to stop the construction. The former manager wants a jury trial, but the gas station owner prefers that the issue be litigated before the judge. Can the former manager demand a jury trial for both claims

Answers

Answer 1

Answer:

No, because, while the Seventh Amendment gives both the plaintiff and defendant the right to demand a jury trial in civil actions, when a case presents both legal and equitable claims, the right is only preserved for all legal claims, not equitable claims.

Explanation:

Equitable claim is one that requests an injunction from a court. That is the court is asked to compel another party to either take an action or refrain from taking an action. The focus is to prevent a future harm.

A legal claim is one that where the plaintiff proves harm done against their person and he is seeking compensation for harm inflicted.

The Seventh Amendment gives parties the right to request a jury trial only on legal claims.

In the given scenario the case is one that is an equitable claim. The owner's complaint requested money damages and an injunction to stop the construction. This is done to stop breach of the non-compete.

As the Seventh Amendment only allows jury trial for legal claims, the former manager cannot demand a jury trial.


Related Questions

In 2003, the fraudulent accounting practices at ____________, a Houston-based energy company, was the largest of several business scandals of the early 21st century, in which corporate executives inflated company revenues for self-gain and ultimately created widespread distrust of corporate culture, costing investors billions of dollars as well as employees their pensions.

Answers

Answer: Enron

Explanation:

Enron scandal was an accounting scandal that involved Enron Corporation, which was an American energy company that was based in Houston, Texas.

Enron hid huge amount of trading losses, which led to its bankruptcy. The company used fraudulent accounting practices in order to inflate the revenue of the company and.hid the debt that the company incurred.

Large projects that have long time horizons and a very high complexity can be referred to as Multiple Choice white elephants. mega projects or white elephants. None of these alternatives is correct. mega projects. high risk.

Answers

Answer:

Both Mega Projects and White Elephants.

Management at the Relaxing Pines resort chain places great emphasis on customer satisfaction and loyalty. They emphasize quiet, luxurious rooms and personalized service. In fact, bonuses are based primarily on customer evaluations. What perspective does this reflect

Answers

Customer Focus. They convey their soul focus is on the customers enjoyment

importance of hotel managers in points​

Answers

Answer:

bacause what is workers doing

Answer:

hope this will be helpful

Explanation:

The important of hotel management are given below:

1.The quality of food, safe water supply, cleaning should be done.

2.It need receptionist , cooks , waiter, guard , laundry worker , helper guider to run the hotel.

3.A hotel need different manpower from Manager to sweeper.

4.The must provide all required facilities .

The owner of a personal watercraft put an ad for its sale in the paper. Her neighbor saw the ad and told her that he wanted to buy the watercraft but had to arrange for financing. The owner suggested that they write a contract for sale then and there so that they would not have to waste any time while he got his financing. They orally agreed that the contract would not become binding unless the neighbor obtained financing, but the written contract did not mention this and appeared to be a fully integrated document. The neighbor could not obtain financing and the owner brings suit to enforce the written contract. Who will prevail

Answers

Answer: D. The neighbor, because obtaining financing was a condition precedent.

Explanation:

Even though it wasn't listed in the written contract, there was the condition precedent that the contract would not be binding unless funding was obtained. Condition precedent is a condition that must happen for a contract to become enforceable.

Funding was not obtained so the contract cannot be enforced. The neighbor would therefore prevail so long as the owner admits that there was indeed a condition precedent.

Does the education make a difference in salary for a database administrator??

Answers

Answer:

Yes it surely does

Explanation:

please mark me as brainlyest

Richard agrees to supply Henry with all his needs of specially made shampoo for Henry's beauty salon. Henry believes that Richard is a representative of a famous hair products company, but he finds a letter to a competitor written by Richard two days before the agreement is signed proving that Richard is a fraud. Richard says that this letter may not be admitted to court since the contract is wholly integrated. Is he correct?

Answers

Answer: No. Richard is wrong as the letter may be admitted to court.

Explanation:

Based on the information given, Richard is wrong as the letter may be admitted to court.

It should be noted that prior evidence as well as contemporary evidence is excludable, but only in a situation whereby it alters the contract terms. In this case, the evidence is admitted in order to prove that Richard is fraudulent in the inducement.

One of the strengths of Six Sigma program's has been its a.laser-like focus on worker satisfaction. b.clarity of process and the steps companies must take to adopt it. c.contribution to research in production quality. d.increase in customer loyalty.

Answers

HahahjshhHwjjshdhdhaha

Jade puts a picture of a collection of rare sports memorabilia up for bids on BuyBay, an Internet auction site. Khalil makes the highest bid and sends the payment, which Jade receives. Jade deposits the money but does not send the collection because she doesn't own it. This is Group of answer choices

Answers

Answer:

cyber fraud.

Explanation:

Cyber fraud can be regarded as one the numeeous type of cybercrime fraud, it could be a deception or tricks in the use the Internet just to defraud people, stealing of victims information and other valuables. These could able hiding of information by the fraudster or giving fake information so he/she can rob victims online of their valuables.

The answer to this question

Answers

CPI in 1960 = 29.6

CPI in 1970 = 38.8

Dozen Tangerines in 1960 = 0.31

Dozen tangerines in 1970 = 0.39

Option B

Answered by Gauthmath must click thanks and mark brainliest

When increasing production from 12,000 computers to 15,000 ​computers, the​ company's average cost of production will A. increase from ​$10.10 to ​$10.40 due to the​ learning-curve effect. B. increase from ​$16.80 to ​$18.90 due to the​ learning-curve effect. C. decrease from ​$10.40 to ​$10.10 due to diseconomies of scale. D. decrease from ​$10.40 to ​$10.10 due to the​ learning-curve effect. E. increase from ​$16.80 to ​$18.90 due to economies of scale.

Answers

Answer:

When increasing production from 12,000 computers to 15,000 computers, the company's average cost of production will

D. decrease from $10.40 to $10.10 due to the learning-curve effect.

Explanation:

The learning-curve effect describes the learning-curve theory.  This theory states that there is an improved performance of workers who are producing computers over time.  The whole idea behind this theory is that the more workers produce computers, the better they will get at its production.  In turn, this improved production performance will, in the long run, translate to both lower cost and higher output for the organization.

You currently purchase a part used in your production process from an outside supplier, and have decided to begin making this part in-house. You have two equipment options for moving production in-house: special-purpose equipment and general-purpose equipment. Cost information for these two options is as follows:


Alternative fixed cost Variable cost
Special_Purpose equipment 200,000 per yr 15 per unit
General-Purpose Equipment 50,000 per yr 20 per unit
What is the break even quantity between the two options?
a) 40,000 units per year
b) 60,000 units per year
c) 30,000 units per year
d) 50,000 units per year

Answers

Answer:

b )60,000 units per year an is aynul yang

The strategy that schedules processes based on their group affiliation is generally referred to as _________ . Select one: a. simulation modeling b. queuing analysis c. shortest process next d. fair share scheduling

Answers

Answer:

D. Fair share scheduling.

On December 31, 2020, Dow Steel Corporation had 770,000 shares of common stock and 47,000 shares of 9%, noncumulative, nonconvertible preferred stock issued and outstanding. Dow issued a 5% common stock dividend on May 15 and paid cash dividends of $570,000 and $86,000 to common and preferred shareholders, respectively, on December 15, 2021. On February 28, 2021, Dow sold 68,000 common shares. In keeping with its long-term share repurchase plan, 4,000 shares were retired on July 1. Dow's net income for the year ended December 31, 2021, was $2,950,000. The income tax rate is 25%.
Required:
Compute Dow's earnings per share for the year ended December 31, 2021. (Do not round intermediate calculations. Enter your answers in thousands. Round "Earnings per share" answer to 2 decimal places.)

Numerator/Denominator= Earnings per share
Numerator?
Denominator?
Earnings per share?

Answers

The earning per share will be "$3.30". A further solution is provided below.

Given:

Common stock,

= 770,000

Paid cash dividends,

= $570,000

Income tax rate,

= 25%

Common and preferred shareholders,

= $86,000

For the year ended, Dow's net income,

= $2,950,000

According to the question,

→ The weighted average number of shares outstanding will be:

= [tex]770000\times \frac{12}{12}[/tex]

= [tex]770000\times 1.05[/tex]

= [tex]808,500[/tex]

or,

= [tex]68,000\times \frac{10}{12}[/tex]

= [tex]56667\times 1.05[/tex]

= [tex]59,500[/tex]

or,

= [tex]4000\times \frac{6}{12}[/tex]

= [tex]\frac{4000}{2}[/tex]

= [tex]2000[/tex]

The total weighted average will be:

= [tex]808,500+59,500+2000[/tex]

= [tex]870,000[/tex]

hence,

The Earning per share will be:

= [tex]\frac{2,950,000-86,000}{870,000}[/tex]

= [tex]\frac{2,864,000}{870,000}[/tex]

= [tex]3.30[/tex] ($)

Thus the above is the right answer.

Learn more about EPS here:

https://brainly.com/question/2144395

formula for calculating weekly salary from yearly salary?

Answers

First, divide the employee’s annual salary by 52 weeks (the number of weeks in a year).

Example : $31,200 ÷ 52 = $600 per week

What determines which price the company should choose for its running shoes?

Answers

Answer:

the price that can be affordable for every one and it should be by the opinion of the common people and labours

Jones Company issued $500,000 of 5%, 10-year bonds payable at a price of 92. The market interest rate on the date of issuance was 6%, and the bonds pay interest semiannually. The journal entry to record the first semiannual interest payment using the effective interest amortization method is:

Answers

Answer:

Date                     Account Title                                       Debit              Credit

XX-XX-XXXX       Interest expense                               $13,800

                            Discount on bond payable                                        $1,300

                            Cash                                                                           $12,500

Working      

The bonds were issued at a price of 92 which means they were issued at:

= 500,000 * 96/100

= $460,000

Interest expense

= Issue price * interest rate * 6/12 months

= 460,000 * 6% * 6/12

= $13,800

Cash:

= Bond price * coupon rate * 6/12

= 500,000 * 5% * 6/12

= $12,500

True or false: The Mackay Doctrine refers to the 1983 Supreme Court decision in the National Labor Relations Board (NLRB) v. Mackay Radio and Telegraph Co. that required employers to hire only temporary strike replacements to do the work of individuals on strike.

Answers

the answer is false i believe

Consider Luis's decision to go to college. If he goes to college, he will spend $21,000 on tuition, $11,000 on room and board, and $1,800 on books. If he does not go to college, he will earn $16,000 working in a store and spend $7,200 on room and board. Luis's cost of going to college is

Answers

Answer:

$42,600

Explanation:

The computation of the cost of going to college is given below:

the total cost when he goes to college he spends

21,000 on tuition

11,000 on room and board

1,800 on books

So, the total should be $33,800

Now in the case when he does not go to college

So,  

he will earn 16,000 working in a store

and spend 7,200 on room and board

So, the saving amount should be

=  16,000 - 7,200

= $8,800

Now the cost should be  

= 33,800+8,800

= $42,600

When working with text boxes and shapes, which tab contains settings for applying shadows and 3-D rotation to objects?

Fill & Line
Effects
Size & Properties
Picture

Answers

Answer:

B) Effects

Explanation:

In Microsoft Presentation the shadows and 3-D rotation option are available inside the Home tab. This option is used to provide special effects on the slides. and other options are not correct that can be described as:

The fill & Line both option working is different from each other the fill option used for fill color in shapes and the Line is used to provide a line in the presentation.The Size & Properties option is used to change the size and property of an object.The picture option is used to insert a picture or modify a picture in the presentation.

Answer:

Effects

Explanation:

If a firm or a nation desires to maximize its output, each productive assignment should be carried out by those persons who Group of answer choices have the highest opportunity cost. have a comparative advantage in the productive activity. can complete the productive activity most rapidly. least enjoy performing the productive activity.

Answers

Answer:

have a comparative advantage in the productive activity.

Explanation:

A person  has comparative advantage in production if it produces at a lower opportunity cost when compared to other people. It means that the person is more efficient in the production of that good when compared with other people.

For example, farmer A produces 10kg of lettuce and 5kg of wheat. Country B produces 5kg of lettuce and 10kg of wheat.  

for farmer A,  

opportunity cost of producing lettuce = 5/10 = 0.5

opportunity cost of producing wheat = 10/5 = 2

for farmer B,  

opportunity cost of producing lettuce = 5/10 = 0.5

opportunity cost of producing wheat = 10/5 = 2

Farmer A has a comparative advantage in the production of lettuce and farmer B has a comparative advantage in the production of wheat

Farmer A should produce lettuce and farmer B should produce wheat in order to maximise output

रचनात्मक र नविन्तम अबधारण लेख्नुहोस। नयाँ ब्यब्साय विभिन्न विधि हरु ब्य्ख्य गर्नुहोस​

Answers

Answer:

लेख्नुहोस। नयाँ ब्यब्साय विभिन्न विधि हरु ब्य्ख्य गर्नुहोस​

Explanation:

12. Market efficiency and perfect price discrimination Perfect price discrimination is efficient because it converts what would have been deadweight loss into consumer and producer surplus inefficient because it converts a portion of consumer surplus into producer surplus inefficient because it results in no consumer surplus efficient because it converts into producer surplus what had been consumer surplus and deadweight loss

Answers

Market efficiency and perfect price discrimination is efficient because it efficient because it converts into producer surplus what had been consumer surplus and deadweight loss.

Perfect price discrimination allows a firm to be more efficient by making it sell at more output level. The firm would have more efficiency level at its factors of production.

Market efficiency is achieved with perfect price discrimination because what would have been dead-weight loss is converted into consumer and producer surplus through perfect price discrimination.

For the market, efficiency is achieved because the dead-weight loss is converted into producer and consumer surpluses, with enormous benefits to the society.

Thus, perfect price discrimination achieves allocation efficiency for both the producer and the consumer (or the society as a whole).

Learn more about market efficiency and price discrimination here: https://brainly.com/question/10234084

Spending more money on advertising will make the firms' demand increase – shifting to the right (parallel). Therefore, the firms' demand become more elastic at every price level. Providing examples to support your answer.

Answers

Answer:

Example of such product : Ferrari sports car.   due to various alternatives of sports cars available in the market, when the price level of a Ferrari car increases the demand of the product might become more elastic

Explanation:

When more money is spent on advertising by any firm the demand for the firm's product will most likely increase and this is simply because more potential clients will be reached through advertising.

But when the demand of the goods become more elastic with increase in price level, it is simply because the product has suitable alternatives/competitions in the open market.

Example of such product : Ferrari sports car.   due to various alternatives of sports cars available in the market, when the price level of a Ferrari car increases the demand of the product might become more elastic

Social media objectives should: Choose only ONE best answer. A Be independent of competing marketing and organizational goals. B Adhere to the S.M.A.R.T. framework (Specific, Measurable, Achievable, Resourced, Time-bound). C Adhere to the CCAF framework: context, challenge, activity, feedback. D Flow from, and directly support, social media tactics. E Be finalized early, so marketing goals can be designed around them

Answers

Answer:

B is the best answer for this question.

Explanation:

It uses the smart goal which helps you make an achievable and realistic goal

Geoff's fiancée, Susan, comes to meet his parents for the weekend. On Saturday morning, while using Geoff's mother's hair dryer, the blower short-circuits sending sparks across the guest room. Susan's angora sweater and her hands are covered with tiny burns. Susan's mother is a lawyer and wants her to sue the seller of the dryer for breach of warranty. Can she?

Answers

Answer:

Yes, since she is a guest in the home of the buyer, the warranties would extend to her in most states.

Explanation:

Warranty

This is simply known as a type of duty or statement of other representation that is made by the seller or places by law on goods and services mainly concerning the aspect of quality, characteristics, strength and ownership of goods and services. It is often regarded also as a duty or obligation of the seller to the buyer in terms of title, quality, characteristics, or conditions of goods.

Types of warranty

1. Express Warranty

2. Implied Warranty of Title

3. Implied Warranty of Merchantability

4. Implied Warranty of Fitness for a Particular Purpose

Express Warranty

This is simply refered to as the description of the goods that is made part of the basis of the negotiation does bring about an express warranty that the goods will adhere to the description or defined it as an agreement of fact or promise in relation to the goods that becomes part of reasons of negotiation therefore brings about express warranty that goods will adhere to 3 things mainly:

1. Affirmation of Fact

2. Description

3. Sample or model

What does it mean to be in business? And what are the benefits of having your own business?
(Take your time please and thank you)​

Answers

Benefits of having your own business is being independent ,you can be your own boss
•you get all the profits
• schedule your own time so it’s easy to plan your life
•promotions
• you control everything

Sunland Inc. took a physical inventory at the end of the year and determined that $789000 of goods were on hand. In addition, Sunland, Inc. determined that $61500 of goods that were in transit that were shipped f.o.b. shipping point were actually received two days after the inventory count and that the company had $87500 of goods out on consignment. What amount should Sunland report as inventory at the end of the year

Answers

I need points 25;!8;

how does growth of a business affect exports​

Answers

Answer:

a negative effect on the countrys exchange rate

Explanation:

A developer purchased two 135-front-foot lots for $22,900 net each and divided them into three lots of equal front footage. The developer sold the lots for $230 per front foot. Calculate the developer's percentage of profit (round to the nearest whole percentage point).

Answers

Answer should be &169.63
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