A plaintiff who was a citizen of State A was traveling to adjoining State B to visit his relatives. While still in State A, the plaintiff's auto was struck in the rear by a vehicle driven by the defendant, a citizen of State B. The plaintiff suffered personal injuries and damage to his vehicle amounting to approximately $90,000. The plaintiff filed suit in the federal district court for State A and obtained proper service of process on the defendant. Under the laws of State A, the driver of a vehicle that strikes another vehicle in the rear is presumed to have acted negligently, regardless of the surrounding circumstances. Neither the law of State B nor the federal statutes or case law has adopted such a rule. Should the court apply the presumption in question

Answers

Answer 1

Answer: Yes, because the presumption at issue operates upon elements of the prima facie case.

Explanation:

Based on the scenario illustrated in the question, the court should apply the presumption. It should be noted the federal court should be able to apply the state law where the court sits in a case that relates to the diversity of the citizenship under the Erie doctrine.

In this case, the court should apply the presumption in question because the presumption at issue operates upon elements of the prima facie case. It should be noted that the matters that has to do with prima facie case are substantive therefore state law should be applied to such scenarios.


Related Questions

The table below lists sources of law.


Sources of Law

Statutes and Acts

Ordinance

?



Which phrase completes the table?
Criminal law
Case law
Military law
Juvenile law

Answers

Answer:

military law

Explanation:

tell me I'm right

1. Write short notes Welfare Fund under Labour Rules, 2049.​

Answers

Answer:

xigrsfzizrhzvorxjbxigfxhv

Explanation:

dHfzuf jfhbkvgxnzh ydj ys

Which type of laws are passed by Congress and affect all states?
federal laws
or
state laws

Answers

Answer:

Federal laws are bills that have passed both houses of Congress, been signed by the president, passed over the president's veto, or allowed to become law without the president's signature. Individual laws, also called acts, are arranged by subject in the United States Code. Regulations are rules made by executive departments and agencies, and are arranged by subject in the Code of Federal Regulations.

Explanation:

hope it will help you Mark Me as brilliant

Federal laws. They are arranged by subject in the United States Code.

A three-car accident occurred in a city in the Northern District of State A. The cars were driven by a citizen of State B who resides in the Southern District of State B, a citizen of State A who resides in the Southern District of State A, and a citizen of State C who resides in the Northern District of State C. The State B citizen filed a negligence action against the other two drivers in the United States District Court for the Southern District of State A. Although the two defendants believed that venue was improper, neither filed a pre-answer motion objecting to venue. They instead proceeded to file their answers, responding to the merits of the claim. The State C defendant, however, included in her answer a motion to dismiss the action for improper venue. How should the court rule on the State C defendant's motion to dismiss for imprope

Answers

Answer:

The motion should be granted, given that a defendant can raise objections to venue in their answer, where the Rule 12(b) pre-answer motion is not asserted by the defendant and that the venue is improper, given that the Southern District of State A is not the location of any of the events for which the claim is being made, and that one of the defendant is not a resident of State A

Explanation:

ADMINISTRADORES LEAN ESTO PORFAVOR
Quisiera que tengan en cuenta a las personas que ponen de admins tuve el problema con una persona la cual me puntos,me amenazó y acoso,y al final a mi me borraron todo,mis preguntas,mis respuestas,TODO y ella que ponía preguntas como "busco novio" no le borraron nada,esa persona hasta me amenazó diciéndome que sabía dónde vivía y que sabía quienes verán mis padres,les pido de favor hacer esta app más segura para los usuarios y menos injusta ya que a mi me borraron todo cuando ella fue quien me amenazó y hasta ella misma dijo que hera amiga de un administrador hasi que vean quienes son administradores por favor,porque esto no es justo.

Answers

Answer:

wow espero que se solucione este problema que tuviste

Explanation:

1. What is Ms. Roman’s employment background?
Ms. Roman's employment background is that she's been a police officer for 25 years.

2. What statistics from police academies in the state of New Jersey were alarming to Ms. Roman?
The statistics from the police academies in the state of New Jersey that were alarming to Ms. Roman are the rates between 65 and 80 percent of women are failing due to the physical fitness test.

3. What was a major reason for women failing at the police academies?
A major reason for women failing at the police academies are recruits needing to pass the fitness exam within 10 short workouts and only have three weeks to try to pass due to a new policy.

4. What had these police recruits been required to do in order to reach the point in the process that allowed them to take the physical fitness test?
Police recruits were required to pass very lengthy background checks, medical exams, psychological exams, and clearly quit any other job.

5. What data does Ms. Roman share about women serving as police officers? What data does she share about women working as police chiefs?
The data Ms. Roman shares about women serving as police officers is that less than 13% of the police officers hadn't changed much in the past 20 years. Only 3% of women were police chiefs in 2013.

6. How are other countries doing when it comes to female representation in the police force compared to the US?
When female representation in the police force compares to the US some countries have nearly twice as many women police officers.

7. According to research, what are some positive results to having female police officers on the force?
Positive results to having female police officers on the force include female police officers tending to have more of a positive influence, great job performance, trustworthiness, and fairness in the police force.

8. What does Ms. Roman define as the main problem with the different policy agencies and their standards?
Ms. Roman defines that the main problem in different policy agencies and their standards is that the the differing policy agencies and their standards is that the main focus is on physical strength.

9. What should police academies also focus on, aside from physical strength, when recruiting officers?
Other than physical strength police academies should focus on problem-solving skills, community policing, and interpersonal communication skills.

10. What are some ways to encourage more female recruits to join the police force? How must the testing process be changed to ensure women are not unfairly excluded from the force?
Some ways to encourage more female recruits to join the police force could be good salary package and suitable environments. When it comes to good salaries for the police force and an environment that feels safe and suitable with lack of sexual harassments then more women will join, some just cause they want to not for the "encouragement". The testing process could be conducted under fair supervision in order to ensure that women are not being unfairly justed from the force.

Answers

1. What is Ms. Roman’s employment background?

Ms. Roman is a police officer in an Urban city and has been one for 25 years. She has served in every rank from police officer to the police chief.

2. What statistics from police academies in the state of New Jersey were alarming to Ms. Roman?

She found out that women were failing from ranks from65-80% due to various aspects of the fitness test. She learned that there was a change in policy that required recruits to pass the fitness test within 10 workout short sessions.

3. What was a major reason for women failing at the police academies?

The fitness test

4. What had these police recruits been required to do to reach the point in the process that allowed them to take the physical fitness test?

They had to pass lengthy background checks, pass medical and psychological exams and had to pay over $2000 for fees and equipment.

etc.
can you be more specific show a graph.

Mr krabs went to the store

Answers

Answer:

yes he did

Explanation:

maybe

Answer:

and got money

Explanation:

The "crime index" reflects which of the following?

Answers

Answer:

2222222222222222

yesssssssssssssss

Part l offenses on the UCR

Who do you think plays the most challenging role in a criminal trial ?explain.

Answers

Answer:

The Judge.

Explanation: I believe the judge plays the most challenging role since they are the ones who would ultimately have to decide weather or not the person is innocent or guilty  Which in some cases is difficult to decide.

So I believe the judge plays the more challenging role in a criminal trial

The Judge plays the most challenging role in a criminal trial.

What is Criminal Trial?

In a criminal trial, the accused and their defense attorney appear in court with the government prosecutor to decide the case in front of the judge. Find out what criminal trials are for and what their five key elements are: voir dire, opening remarks, witness testimony, closing arguments, and jury deliberation.

The voir dire phase of the trial procedure is the first step. This is how the jury is chosen. In order to decide whether there is anything that would make a possible juror's service on that particular case inappropriate, the attorneys for both sides ask the potential jurors various questions about the case during this approach.

Hence, the Judge is the most impotent in criminal law cases.

To learn more about Criminal Trials follow the link.

https://brainly.com/question/11694967

#SPJ2

While in a department store, a man picked up a sweater and slipped it under his shirt. The man then started for the door. A woman, who also was shopping in the store, saw the man take the sweater. The woman grabbed a baseball bat from the sporting goods aisle and chased the man into the parking lot. The woman began swinging the bat at the man's head, hoping to knock him out and thus prevent the theft. The man pulled a knife from his pocket and stabbed the woman, killing her. The man was arrested and charged with murder. At trial, will the man most likely be found guilty

Answers

Answer:

D). No, because the man was acting in self-defense.

Explanation:

In the given situation, the man would not be considered guilty of murdering the woman and this is because the action took place when was defending himself from the attacks made by that woman on him. However, the man was attempting to steal the sweater at the store yet the deadly attack made by the woman on his head with the baseball bat cannot be justified in any case. Her act would be categorized under 'dangerous felony' and therefore, the use of a knife by the man was enforced on him to save himself. Hence, the action was in 'self-defense' and he will not be punished for it as it was the woman who initiated the physical violence and harm and he just reacted. Thus, option D is the correct answer.

Can someone help me with this word search?

Answers

Where is the list of all words

(6) Match the columns :
Column 1
(1) Funaria
(2) Spirogyra
Column II
ka) Spiral chloroplast
b) Capsule
(c) Leaflets
d) Flowers

Answers

2----------------------------------------1

Giving brainliest to correct answer

Which situation best illustrates the problem of scarcity?
A. A local government forces all city employees to take a pay cut of 5 percent of their current salary.
B. A local government uses the money from a tax levy to build a new school and add lanes to a highway.
C. A local government has to choose between building a new school and adding lanes to a busy highway.
D. A local government decides to provide free health care for all employees and their families.​

Answers

The answer is A, the local government forces all city employees to take a pay cut of 5 percent of their current salary.

This is the answer because it really illustrates the problem and how it effects everyone.

can my sister enroll me in school without custody in Florida?

Answers

No not directly but you can use the 1302 form to still enroll if not .

Which of the following would an accused be automatically tried by jury?
a) Disturbing the peace
b) Murder charges
c) Drug possession charges
d) Assault and battery charges
e)Trespassing charges

Answers

B.. murder...

family want answers, why, how...

motive...

xbfrnd, spouse, b...

consider defense........

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