A spectator at a professional hockey game was injured when an errant hockey puck flew over the glass boards and struck him in the head, causing permanent eye damage. The spectator brought an action for negligence against the facility owner in federal district court under diversity. By statute, the state in which the federal court is located allows the use of assumption of the risk as a defense when a spectator is injured at a sporting event. Although no valid federal statute or rule governs this issue, federal courts have generally not permitted facility owners to raise an assumption of the risk defense, to encourage facility owners to take more stringent precautions regarding spectator safety. The federal court opted to apply federal common law to resolve the issue, and the resolution was in the spectator's favor. However, a different outcome would have occurred if the district court had applied state law.

Was the court's application of federal common law proper?

Answers

Answer 1

Answer:

No, because a different outcome would have occurred if state law was applied.

Explanation:

Assumption of the risk defense is a law of torts that bars or reduces the plaintiff's right to make a recovery in cases where negligence occurred. The defendant should be able to demonstrate that the plaintiff voluntarily and knowing accepted the risk of participating in an activity.

In the given scenario the spectator is the plaintiff and if the assumption of risk defence is used he will not be able to get a ruling in his favour.

The state allows assumption of risk defence which would have resulted in a ruling in favour of the facility owners.

However the federal court did not allow this defence and ruled in favour of the spectator.

The application of the federal common law was not proper as a different outcome would have occurred if state law was applied.


Related Questions

1. What is development?
2. What are the stages of human development?
Write in one or two senten

Answers

Developmental- explain of growth, change, and consistency of lifespan.
There are 5 stages of human development

Infant Development.
Toddler Development.
Preschooler Development.
Middle Childhood Development.
Adolescent Development.
Adult Development.

It is sunny all year round in the Caribbean is a feature that describes the​

Answers

it describes what the weather is like all year round in the Caribbean

how do you become a member of society?​

Answers

Lesson 1: Enculturation/Socialization

Lesson 2: Conformity and Deviance

Lesson 3: Human Dignity, Rights and the Common Good

The victim owned a cottage in an ocean resort area. He stayed there only during the summer months, and left the cottage unoccupied during the balance of the year. The defendant, a resident of a neighboring cottage, was aware of this practice. For a change in his routine, however, the victim decided to spend a week at the cabin in the off-season. Unaware that the victim was occupying the cottage, the defendant decided to borrow a portable television set that he knew the victim kept in the cottage. To avoid being seen, he entered the cottage late at night, using a key under the front doormat. He found the television set, disconnected it, and headed for the rear of the house to leave. He opened the kitchen door and found the victim seated there in the dark, having a late night snack. Both men were startled and neither man recognized the other in the dark. The defendant assumed that the victim was a burglar, and was afraid that he might be armed. Trying to flee the kitchen as quickly as possible, the defendant dropped the television set in the middle of the kitchen floor. As the set hit the floor, the picture tube exploded with a loud noise. The noise so frightened the victim that he had an immediate heart attack and died.
If the defendant is charged with felony murder as the result of the victim's death, what is his best defense?
A. He did not intend to kill the victim.
B. His only intent was to borrow the television set for a few days.
C. Larceny is not an inherently dangerous crime, and it was not being committed in an inherently dangerous manner.
D. The victim's heart attack was an unforeseeable consequence of the defendant's acts.

Answers

Answer:

C, no harm was meant

Explanation:

A recent study identified bacteria in the guts of some Japanese people with specialized enzymes that metabolize the complex carbohydrates in seaweed. The researchers hypothesize that these bacteria thrive in the guts of individuals who consume a diet composed highly of seaweed, and help their hosts break down the seaweed better. This relationship is an example of _________.

Answers

Answer:

Coevolution

Explanation:

Coevolution

This is a mutual or corresponding genetic change that occurs between two or more species as a result of interactions among them. They are simply regarded as species evolves in response to each other.  it is also when different species have tight/close ecological interactions with one another

Example

Predator-prey relationship.

terms associated with evolution includes;

1. niche

This is the physical and biological conditions that is needed for the survival,growth and reproduction of an organism.  it  is defined by resources also.

2. competition

This is simply known as two or more species  using the same resource. etc.

Which tribe lived in log cabins in Northern Florida?

Inuit
Iroquois
Pueblo
Seminole

Answers

Answer:

Iroquois

Explanation:

Make from memory the major features of society. ​

Answers

Answer:

1. Likeness

Likeness of members in a social group is the primary basis of their mutuality. May be in the beginning assumed or real common lineage, tribal affinity, family benefit or the compactness due to a common to time inculcated between and among the members in the group the feeling of likeness. Likeness means mutuality, and that means Society.

2. The Reciprocal Awareness

Likeness is generative of reciprocity. Once some are aware of the mutual likeness, they, certainly differentiate against those who are not like them. The problem of likes and dislikes was concomitant to the social growth. Consciousness of this kind, alone could make sense of likeness. All social action is based on reciprocal response. This alone, makes possible, the we-feeling.

3. Differences

Sense of likeness in not always sufficient. It alone is not adequate for social organisation. This does not exclude diversity or variation. The social structure of humanity is based on the family which rests upon the biological differences between the sexes, viz, men and women. The economic structure of society is based upon division of labour in which the professions and economic activities of people are different or dissimilar. The culture of society prospers with the differences in thoughts ideals, viewpoints, etc. No two individuals are alike in their nature.

They differ from each other in respect of their interests, capacities, abilities and tendencies etc. These differences do not imply mutual conflict; instead; by it the organisation of society is further strengthened. A 100 percent organised society is not possible.

4. Interdependence

Society implies interdependence. It is another essential element to constitute society. It is not possible for human being to satisfy his desire in isolation.

He cannot live alone. He needs the help of others for his survival. Society fulfills all the needs of the people. For example, the institution of family rests on the biological interdependence of sexes. None of the two sexes is complete by itself and, therefore, each seeks fulfillment by the aid of the other. This fact of interdependence is very much visible in the present day society. Today not only countries but also continents depend upon one another. Likewise, communities, social groups and nations are also interdependent.

5. Cooperation

Cooperation is also another essential element to constitute society. Without cooperation, no society can exist. If the members of the society do not work together for the common purposes, they cannot lead a happy and comfortable life. Cooperation avoids mutual destructiveness and results in economy. In the words of P. Gisbert, “Cooperation is the most elementary process of social life without which society is impossible.”

For want of cooperation, the entire fabric of society may collapse. It is the very basis of social life. C.H. Cooley has rightly remarked, “Cooperation-arises when men realise that they have common interests. So great is the realisation of the necessity of cooperation on the part of every society, Kropotkin says, it is difficult to survive without it.

Nubia rivaled Egypt for control over ____

Answers

Answer:

land trade

Explanation:

you can wright trade but land trade make more sense

according. to mohs scale, which of the following minerals properly corresponds to the hardest and least hard?​

Answers

Answer:

b. hardest: diamond; least hard: talc

Explanation:

According to the the Mohs scale of hardness ; material hardness are arranged using numbers, which higher values indicating increasing hardness level.

From the scale ;

Diamond has a value of 10 which makes it the hardest on the scale

Talc has a vlaue of 1 which makes it the softest.

A picture of the mohs hardness scale is attached below.

Nepal has to have a clear-cut human development policy. Explain​

Answers

Answer:

Human developement policy lack 3 important aspects into its account that includes literacy rate, life expectancy at birth, and per capita income. To increase human development index of Nepal, they need to add given three aspects to remove all kind of inequalities related to poverty and income.

A way you choose to live your life in one word​

Answers

Answer: Happy,grateful because I was born

Explanation:

gamit ang mga pinaghalo- halong letra tukuyin ang mga konsepto at salitang inilarawan ng mga sumusunod na pahayag. Isulat ang nabuong salita sa kahon sa ibaba

1.isang multi-dimensyonal na proseso na kinapalooban ng malaking pagbabago. Isa itong kaisipang maaaring may kaugnayan din sa salitang pagsulong
[DALNUGAP]

2.paggamit ng mga makinarya at makabagong teknolohiya sa paglinang ng mga industriya at pinagkukunang yaman
[SSSNNIIIAADUSYONTRIY]

3.sinusukat ang halaga ng mga yaring produkto at serbisyo na nilikha sa loob ng isang panahon
[AUOPGSLNG]

4.ang itinuturing na tunay na yaman ng isang bansa
[OAT]

5.sa pamamagitan ng mga salik na ito nagagamit ng mas episyente ang iba pang pinagkukunang yaman upang mas marami pa ang mga nalilikhang produkto at serbisyo ng sa gayon ay susulong at to unlad ang isang bansa
[HIYALONOTEK AT OBASYOINN]

pa help poh​

Answers

Answer:

5. TEKNOLOHIYA AT INBINSIYON

para Sa pagunlad Ng ating bansa

The buffalo was the primary source of food shelter clothing and tools for native Americans of the

Answers

Answer:

The Plains Indians

Explanation:

Indian tribes from the Plains region used buffalo for shelter, food, clothing, and artworks. These Indian tribes include Comanche, Arapaho, Kiowa, Cheyenne, Blackfoot Crow, Lakota, etc. American Indian tribes survived on hunting and gathering practices in the Great Plains. They follow buffalo herds (bison)  which allow them to travel from one area to another. They live in tipis made of hides of bison which protect them from winter and rains.

According to Anti-Federalist George Mason, why would state rights no longer be protected? State governments would no longer exist under the Constitution. Local law enforcement would be too busy enforcing national laws. Governors could choose not to enforce laws under the Constitution. National laws and the new Constitution would be stronger than state laws.

Answers

Answer:D)National laws and the new constitution would be stronger than state laws.

Explanation:just took the test e2020

Answer:

D) National laws and the new constitution would be stronger than state laws.

Explanation:

got it right on Edge 2021

A corporation has been the subject of several news reports charging that the pollution put out by its factory endangers 5,000 residents of a subdivision. The corporation filed an action naming all 5,000 residents as defendants and seeking a declaratory judgment that it is not liable for damaging their health, and the court properly certified the action as a class action. Per court order, detailed notice of the suit is posted on every lightpole throughout the subdivision, but the residents are not notified individually.
Was notice in this case constitutional?
A. Yes, because the posting was reasonably calculated to give notice to all 5,000 residents.
B. Yes, if a state statute authorizes such process.
C. No, because all residents could reasonably be notified by mail.
D. No, because individual defendants must always be notified by personal service of a summons.

Answers

Answer: C. No, because all residents could reasonably be notified by mail.

Explanation:

The notice was not Constitutional because there should be a reasonable chance that every defendant has gotten the notice of the suit and they will not be able to do this unless notified individually.

This is why the court should have at least used mail to reach out to them because with mail, there is a reasonable chance that every defendant would be notified.

'if a nation is Rich in natural resources then it can be developed' justify this statement

Answers

Answer:

If a nation is rich in resources then it can be developed because if an economy or a country should have enough resources they can export to countries that needs them and they can use the money for the benefit of the country or nation and with that they can develop the nation with good infrastructures and other available resources provided.

Explanation:

Answer:

Explanation:

I don't think the statement is true, unless it means that it is currently not developed but, because it has natural resources, it can become developed.

Consider Zaire. It has the richest reserve of natural resources of almost any country. However Zaire (currently the Democratic Republic of the Congo) is plagued by internal strife.

It has commercial deposits of gold, diamonds, cobalt, uranium and oil, which should make it one of the richest countries in the world.  Yet it is so unstable that people are afraid to invest there. And this at a time when commodities are about to explode in price to the upside.

Explain the historical circumstances that led to Joseph Stalin’s delivery of the speech to industrial managers in 1931

Answers

Solution :

Joseph Stalin was a former leader of Russia. He ruled Soviet Russia from the year 1927 until his death in 1953. He belonged to the Communist party of the country.

Russia became industrially strong during the rule of Stalin. Russia was basically an agrarian state. For the development of the country, Stalin realized that development of the industries such power industry and heavy industries will help Russia to compare with the other developed countries.

The Bolshevik revolution in the Soviet Russia civil and caused craziness. For this Stalin believed that more industries need to be set up and develop, so he gave an inspirational speech to the peasant that they need to work as industrial workers.

President Andrew Jackson replaced a number of government workers with his

Answers

Answer:

opponents.

Explanation:

In the book i have read it says, President Andrew Jackson replaced a number of government workers with his opponents.

could someone explain about agriculture in mesopotamia in a paragraph?

i'd rly appreciate anyone's help asap, thanks in advance!​

Answers

Answer:

Agriculture was the main economic activity in ancient Mesopotamia. Operating under harsh constraints, notably the arid climate, the Mesopotamian farmers developed effective strategies that enabled them to support the development of the first states, the first cities, and then the first known empires, under the supervision of the institutions which dominated the economy: the royal and provincial palaces, the temples, and the domains of the elites. They focused above all on the cultivation of cereals and sheep farming, but also farmed legumes, as well as date palms in the south and grapes in the north.

Explanation:

How can social media make you?l

Answers

Answer:

use chrome and search on browser social media and follow steps

Which of the following best defines nobles? *

1.people from rich and powerful families
2.powerful artists of the kingdom
3.powerful farmers of the kingdom
4.people from neighboring countries

Answers

1 I’m pretty sure hope this helps

Which of the following best defines nobles? *

[tex]\circ \: \: { \underline{ \boxed{ \sf{ \color{green}{Answer.}}}}}∘[/tex]

People from rich and powerful families. ✔

[tex]\bold{ \green{ \star{ \orange{Mystique35}}}}⋆[/tex]

If you were a teacher , how would you make you online class better?

Answers

Allow kids to use notes

Commoners elect a representative which the upper class approves of, and only the upper class can veto laws b. Upper class chooses a representative and holds more power than the commoners c. Citizens elect representatives who cast votes on their behalf, tribunes had the power to veto any laws, and all laws had to be displayed in a public place. d. A representative is chosen from both classes to represent each group equally

Answers

Answer and Explanation:

A. Oligarchy: commoners elect a representative which the upper class approves of, and only the upper class can veto laws

B. Oligarchy: Upper class chooses a representative and holds more power than the commoners.

C. Representative Democracy: Citizens elect representatives who cast votes on their behalf, tribunes had the power to veto any laws, and all laws had to be displayed in a public place.

D. Representative Democracy: a representative is chosen from both classes to represent each group equally.

A. Oligarchy is a form of government where the upper-class constitute the government and the lower class are ruled by the upper class

B. This is also oligarchy

C. Representative democracy or indirect democracy is democracy whereby lawmakers are elected by citizens and then vote for laws and make laws on behalf of/in representation of the people.

D. This is also representative democracy.

- What was the name of the war between Athens and Sparta?

Answers

Answer:

The Peloponnesian War

Explanation:

it was between the most powerful cities back then

Answer:

The Peloponnesian War

Explanation:

What do you think is more important?School or Money?Both is not allowed.

Answers

Answer:

school

Explanation:

Beacause you can get money if you learn

A psychologist is interested in determining whether a new online pain management program improves (reduces) pain scores for its participants. A group of pain patients are randomly assigned to participate in either the online program or a control group. At the end of the study the researcher administered a widely used pain level scale ranging from 1-10. What is the null hypothesis for the study?

Answers

The available options are:

a. The percentage of treatment and control group participants with significant pain is the same in the population

b. The treatment group mean equals 1 in the population, and the control group mean is greater than 1 in the population

c. Both population means equal 1

d. The difference between the treatment and control group means is zero in the population

e. The difference between the sample means of the treatment and control group is zero

Answer:

D. The difference between the treatment and control group means is zero in the population

Explanation:

Considering the fact a Null Hypothesis is a form of conventional statistical theory that proposes that there is zero or no statistical relationship and significance in a group of assigned single observed variables, between two groups of experimental data and assessed events.

In this case, the NULL HYPOTHESIS is the zero difference between the treatment or online group and the control group means in the population

Babili mansa is title given to which of the president in Africa​

Answers

Answer:n 16 June 2015, a statement from the State House stated that President Jammeh should be addressed as "His Excellency Sheikh Professor Alhaji Dr. Yahya A.J.J. Jammeh Babili Mansa".

Explanation:D

PLEASE HEP
Write out a paragraph showing your understanding of scarcity

Answers

Answer:

Scarcity means lack or scarce or short supply or shortage of any goods during a period or time. It may cause due to the increase of demand, lack of production of good at a required time or any other production factors.

why South Africa exports unprocessed raw materials​

Answers

Probably because they do not have factories or refineries needed to process the raw materials.

You are a clinician working at a local family practice clinic. Karen, a 34-year-old woman, has visited the clinic 3 times in the past 3 months with a variety of complaints. After researching her symptoms online, Karen has come to the conclusion that she is suffering from an autoimmune disease.As you take Karen's recent health history, she makes several comments about what she has read online. Which of the following statements from Karen about autoimmune diseases is true?
A. "Certain autoimmune diseases, like rheumatoid arthritis, are more common in women."
B. "Autoimmune diseases are genetic. They just appear out of nowhere and for no apparent reason."
C. "Autoimmune diseases affect only one organ in the body at a time, and it is usually the lungs."
D. "There are no diagnostic tests available for autoimmune diseases."

Answers

Answer: A. Certain autoimmune diseases, like rheumatoid arthritis, are more common in women."

Explanation:

An autoimmune disease refers to the disease whereby the immune system aof the body attacks the healthy cells. It should be noted that some aautoimmune diseases, such as rheumatoid arthritis, can be seen more in women.

The rheumatoid arthritis is refered to as a chronic inflammatory disorder which affects the joints. In this case, the body's immune system will attack its own tissue.

Other Questions
Natasha and Link have been married for 2 years. They live in North Carolina and are about to make an offer on their first home. Their goal is to own the property so that if either Natasha or Link were to die, the surviving spouse would own the property outright. They also want to keep things private and avoid probate. How should they title their new home?A. Link should own the house fee simple and name Natasha as his beneficiary. B. Tenancy in common is the best way to title the property because it meets all their objectives. C. They should title the home as JTWROS as a way to accomplish their goals. D. Because they live in North Carolina, they should title the home as community property. Find the quotient of 4x^3-12x + 8x/ - 4x O x2 + 3x - 2 O x-12x + 4 O -x2 3x + 2 O x + 12x - 4 Solve the following quadratic equation. *x^2+12x-45=0 A mouse had a gene sequence of GTT coding for leucine, an amino acid. mutation in this gene led to the formation of GTG. However, the amino acid formed was leucine, despite the mutation. This is a mutation for the mouse In a series circuit, there ______ for current to flow. a. are at least two paths b. are multiple paths c. is only 1 path d. are very small paths definition of boiling point Why does the congruency of all angles not prove the congruency of two triangles? which of the following is the best example of using language to empower someone Theo bn ti sao Vit Nam pht trin theo m hnh kinh t th trng nh hng x hi ch ngha Why was President Eisenhower so popular? The area for the circle below is cm2.Use 3.14 for and type your answer to the nearest tenth.r = 5cmPLEASE HELP what creates an ionic bond?a: The attraction between neutral ionsb: The checks between similarly charged ionsc: the attraction between oppositely charged ions d: the attraction between neutral atoms Which of the following is likely to shift the supply curve right? increase in the price of rubber (tires) a tax on businesses that goes into effect immediately scientists find a way to make solar panels more efficient at no extra cost vast increase in hurricanes in the Caribbean (oil) the closing of 70% of a towns restaurants A health clinic dietician is planning a meal consisting of three foods whose ingredients are summarized as follows: One Unit ofFood I Food II Food IIIUnits of Protein 10 15 20Units of Carbohydrates 1 2 1Units of Iron 4 8 11Calories 80 120 100The dietician wishes to determine the number of units of each food to use to create a balanced meal containing at least 40 units of protein, 6 units of carbohydrates, and 12 units of iron, and with as few calories as possible. Use solver to find how many units of each food should be used in order to minimize calories. 3. The leading preventable cause of death in the United States is:A. tobacco useB. drunk drivingC. overdose of prescription drugs.D. illegal drug abuse.__________________________________________4. Snuff and chew are harmful because they:A. contain nicotine.B. increase problems with gum and tooth disease.C. significantly increase the risk of cancers of the mouth, lip, throat, and esophagus.D. All of these choices are correct. The ratio of the populations of town A and B is 6:5, while the ratio of the populations of town B and C is 3:4. If the total population of the three towns is 53000, find the population of each town. Auto Industries Company reported the following on its income statement: Income before income taxes $420,000 Income tax expense (120,000) Net income $300,000 If the income statement also shows interest expense equal to $80,000, what is the company's times interest earned ratio?a. 5 times. b. 6.25 times. c. 5.25 times. d. 8 times. Which of the following illustrates a single-replacement reaction?A. CaCl2 + Na2CO3 CaCO3 + 2NaciO B. 2Fe + 3Br2 2FeBr3O C. Ba(NO3)2 + NISO4 BaSO4 + Ni(NO3)2D. Fe + CuSO4 Cu + FeSO4 Pleaseeee help is for today I need help with this anybody?