A windstorm blew down a light in the parking lot of a grocery store, hitting one of the store's customers. The customer filed a civil action against the store seeking compensatory damages, alleging that the store negligently maintained the light. After the action was filed, the store's lawyer visited the store and spoke with one of the store's clerks who saw the light fall. The lawyer asked the clerk to write out in his own words and handwriting exactly what he saw, and the clerk did so. The lawyer then asked the clerk a number of questions about the incident and wrote his own notes in the margins of the statement written by the clerk. Unfortunately, the clerk died in an unrelated car accident two weeks later. The customer's lawyer served a document request on the store seeking all documents relating in any way to the accident. In response, the store described the written statement prepared by the clerk but refused to produce it. The customer filed a motion asking the court to compel the store to produce the statement. How should the court rule

Answers

Answer 1

Answer: As long as the customer can show that she has no other way to obtain the information provided by the clerk, the document must be produced but with the notes written by the store's lawyer redacted

Explanation:

It should be noted that the court should order the statement to be produced by the store but the notes which are written by the lawyer of the store should be redacted.

The statement is a work product and this is discoverable as long as the opposing party can be able to show substantial need and due to the fact the clerk died in an accident, this is a substantial need.


Related Questions

1 - Una persona comete un delito a 100 millas de la costa de Punta del Este, cuando estaba en viaje hacia ese balneario. ¿Dónde debe ser juzgado? Explica.

Answers

Answer:

Si una persona comete un delito a 100 millas de la costa de Punta del Este, cuando estaba en viaje hacia ese balneario, deberá ser juzgado por el juez con competencia territorial en el territorio donde se cometió el delito, sin importar hacia dónde se dirigía la persona. Esto es así pues en derecho penal, será siempre competente el juez del lugar del delito, en tanto es quien conoce las vicisitudes y particularidades de la zona, teniendo estadísticas precisas de los crímenes que allí se cometen.

¿Qué importancia tiene la elaboración de las leyes mediante mecanismos democráticos?

Answers

La respuesta correcta para esta pregunta abierta es la siguiente.

Aunque no se anexan opciones o incisos para responder, podemos comentar lo siguiente.

La importancia que tiene la elaboración de las leyes mediante mecanismos democráticos es la siguiente.

En una democracia, son los ciudadanos los que eligen libremente a sus gobernantes. Los gobernantes elegidos, juntos con los miembros del Congreso, deben comprometerse honestamente a luchas por los intereses del pueblo, y para ello, deben debatir en el Congreso las leyes que más convengan para crear paz social y desarrollo económico en el país.

Esas leyes deben ser debatidas y votadas, siempre pensando en los intereses de la gente, del ciudadano común, y no para favorecer a los intereses de las grandes empresas privadas o multinacionales, que nada más están interesadas en ganar más dinero a expensas de la gente pobre.

Si no se elaboran las leyes mediante mecanismos democráticos, entonces los intereses particulares y la corrupción serán los que dicten la forma de gobernar a un país.

19. WHICH OF THESE IS A GOOD WAY TO SPOT DRIVING HAZARDS A. Focus on the vehicle ahead B. Focus on your inside mirrors C. Scan ahead of your vehicle​

Answers

C- scan ahead of your vehicle

Which of the following is NOT considered exploitation?
Select one:
O a. Intimidating a elderly person to give them money.
O b. Deceptively convincing a senior to sell their home at below market price.
O c. Not responding quickly to a residents call button.

Answers

Answer is A. Exploitation generally means to take unfair advantage of a person.

The following which is not considered as exploitation is Intimidating a elderly person to give them money Option(a) is correct.

What does Exploitation means?

Exploitation is the demonstration of egotistically exploiting somebody or a gathering to benefit from them or in any case benefit oneself.

Exploitation is a thing type of the action word exploit, which ordinarily means to take advantage in such a manner. The modifier structure is manipulative, as in shady practices By a wide margin the most compelling hypothesis of exploitation at any point put forward is that of Karl Marx, who held that specialists in an entrepreneur society are taken advantage of to the extent that they are compelled to sell their work capacity to business people for not exactly the full worth of the products they produce with their work.

Overexploitation or overfishing is the evacuation of marine living assets to levels that are excessively low for supporting suitable populaces. At last, overexploitation can prompt asset consumption and put various compromised and imperiled species in danger of annihilation.

Therefore Option(a) is correct.

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There are three friends: Joaquin, Adam and Jennifer. The three of them witness an accident. When the police questions them, each makes a statement about the accident. Later on, Tim asks the three friends about this discussion with the police. Here’s what they say: Joaquin says: Both Adam and Jennifer lied. Adam says: One of the other two lied. Jennifer says: One of the other two told the truth. Who told the truth?

Answers

If I’m correct I believe that Adam was telling the truth (I think)
Adam is your answer, hope this helps

criminologist wants to gain an in-depth understanding of the subculture of a street gang in a particular city. Which one of the following methods would be the most appropriate method for obtaining such an understanding? P.S. how down to talk....

Answers

Answer:

Undercover?

Explanation:

How better than to become one of them?

A pedestrian was injured when hit by a chair that was thrown from an upper-story hotel window. The pedestrian sued the occupants of all the rooms from which the chair might have been thrown. At trial, the pedestrian has been unable to offer any evidence as to the exact room from which the chair was thrown. The defendants have filed a motion for a directed verdict. Should the court grant the motion

Answers

Answer:

Yes the court should grant the motion

Explanation:

Because the pedestrian is injured and he knows that the from hotel the chair was thrown. The hotel manager should be responsible for this because he didn't mention that throwing chair outside is strictly prohibited.

Yes the court should grant the motion because the pedestrian is injured and he knows that the from hotel the chair was thrown. The hotel manager should be responsible for this because he did not mention that throwing chair outside is strictly prohibited.

What does it mean when a motion is granted?

If the motion is granted, a decision on the claims involved is made without a trial. In most cases, the motion must demonstrate that there is no genuine issue of material fact and that the opposing party loses on that claim even if all of its allegations are accepted as true.

A pedestrian was injured when hit by a chair that was thrown from an upper-story hotel window. The pedestrian sued the occupants of all the rooms from which the chair might have been thrown. At trial, the pedestrian has been unable to offer any evidence as to the exact room from which the chair was thrown. The defendants have filed a motion for a directed verdict.

Therefore, the court should grant the motion.

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Successful coping skills can be_______.
a) stress management
b) relaxation skills
c) both
d) neither

Answers

Answer:

A. & B. Both

both be a perfect answer for this blank questions

what is political participation​

Answers

Refers to actions of citizens to take part in election campaigns rallies, decision making processes, town hall meetings/public meetings using their digital devices.

Which act could be considered an acceptance of the social contract?

-paying the electric bill in exchange for using electricity

-viewing commercials in exchange for watching network news broadcasts

-observing traffic laws in exchange for driving on the highway

-paying the water bill in exchange for taking a shower

Answers

Answer:

c. observing traffic laws in exchange for driving on the highway

Explanation:

Viewing commercials in exchange for watching network news broadcasts could be considered an acceptance of the social contract. Thus, option B is correct.

What is a social contract?

A social contract is an unspoken arrangement of the obligations of the populace or the governing body. The agreement's conditions can change significantly.

One could argue that consuming news channel broadcasts in return for ads signify endorsement of the social contract.  People must engage with each other in this condition of affairs, therefore citizens establish an agreement between themselves to govern this contact.

The social contract hypothesis is not only the oldest but also the most well-known of the explanations for how the state came into existence. The core of this thesis is that men without prior governmental organization agreed to a deal that led to the creation of the state.

Therefore, option B is the correct option.

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1.
If you're feeling sleepy, but can't wait to get to the destination, you should
A. drive faster
B. drink a lot of coffee, then drive
C-turn up the music to stay awake
D. take a nap or call a rideshare service or taxi

Answers

The answer is D. Those who feel tired are not fit to drive themselves.

A homeowner sued a contractor in federal court for damages resulting from an unsuccessful roof repair. However, the homeowner failed to attend status conferences and failed generally to prosecute the action. As a result, the court dismissed the case with prejudice for want of prosecution. The homeowner then filed her complaint in a different federal court. In his answer the contractor asserts the affirmative defense of claim preclusion. Should the court dismiss the case

Answers

Answer: No, because a dismissal based on lack of personal jurisdiction is not on the merits.

Explanation:

Following the information given in the question, it should be noted that the case should not be dismissed by the court due to the fact that the dismissal is based on the lack of personal jurisdiction.

It should be noted that the claim preclusion should be added to the answer of the defendant as it's an affirmative defense and it requires more than the claimant bringing a case against the same defendant.

If a judge learns that a defendant was abused as a child and committed the crime while under extreme financial pressure, what is the most likely outcome?

Answers

Reduced sentence because of mitigating factors

What are some potential problems or risks of relying on the information provided by anonymous 9-1-1 callers to serve as proof of impending criminal activity? P.S. If anyone has information of the user playboy please contact me in the comment section please, please.

Answers

You don’t really have the necessary proof the convict or act upon the situation

The defendant is on trial for fraudulently signing a check for $10,000. The defendant has denied that she signed the check. The prosecutor calls the landlord of the apartment building in which the defendant has resided for three months before her arrest. The landlord intends to testify that it is the defendant's signature on the check, and he bases his opinion of the authenticity of her signature on the ground that he saw her sign the lease to his apartment. Should the trial court find this testimony admissible

Answers

Answer: Yes. because the landlord has previously seen the signature.

Explanation:

In this situation, the trial court should find this testimony admissible due to the fact that the landlord has previously seen the signature.

Since the landlord intends to testify based on the fact that he saw her sign thesame signature on the lease to his apartment, then this should be admissible by the court as it's an evidence to show that she was the one involved in the fraudulent signing of the check.

Select all the correct answers
What are three responsibilities of political parties?


1. Run election campaigns for selected candidates.
2. Influence voters to understand a candidate’s views.
3. Fund PACs and Super PACs to finance election campaigns.
4. Interview moderators for political debates.
5. Finance election campaigns for selected candidates.

Answers

Answer:

123

Explanation:

ehm me brain say so

The three common responsibilities of a political party are to run election campaigns for selected candidates, influence voters to understand a candidate’s views, and fund PACs and Super PACs to finance election campaigns. So 1, 2 and 3 are correct.

What do you mean by Political Party?

A political party is a group that organizes candidates to run for office in a given nation. Parties may support particular ideologies or political objectives, and it is typical for party members to share similar political views.

Further political party is made up of people who band together to run the government, win elections, and shape public policy. Currently, the two major parties in Congress are the Democratic and Republican.

However a collection of political activists that unite to win elections, run the government, and establish public policy could be formally designated as a political party.

Therefore an organized collection of people with at least substantially comparable political goals and viewpoints is referred to as a political party.

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You see a green buoy. What should you do?

Answers

Answer:

pass to the right

Explanation:

Green buoy means pass to the right

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: 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.

identify the powers used by the election commission towards the conduct of election is it good for the democracy to give theses all powers to election commission​

Answers

Answer:

Explanation:

The election commission has the right to allow symbols to the political parties. It gives recognition to the national parties, state parties and regional parties. It sets limits on poll expenses. The commission prepare electoral rolls and update the voter's list from time to time.

A judge cites precedent when delivering a ruling in a case. In doing this, he is harkening back to a practice begun in which set of laws?

Answers

Answer: C. Common law

Explanation:

Since the judge cites precedent when delivering a ruling in a case, then he is harkening back to a practice that was begun in a set of common laws.

Common law refers to a body of unwritten laws that was based on legal precedents that was established by the courts. It should be noted that common law influences the process of decision-making in cases whereby it's difficult to determine the outcome of the case based on the written rules of law.

To achieve bipartisanship, what do both major parties have to do?


work together


work against each other


have healthy debate


campaign strongly

Answers

Campaign strongly or work together

Answer:

Work together

Explanation:

: )

The signs of drug addiction are similar to those related to drug abuse...
A. but to a lesser degree.
B. but to a greater degree.
C. in the all same ways.

Answers

The best answer choice is c

The internet has been a particularly difficult problem for which of the following types of intellectual property?
(A) Trademarks
(B) Copyright
(C) Patents
(D) Designs

Answers

i think its either a or b i'm not sure
I believe that it is answer b

Compare and contrast a federalist system of government to a confederate system of government.

Answers

Answer:

The main comparative difference between a federal state and a confederate state lies in the role of the sub-national entities of each. Thus, in a federation, it is the federal state that has sovereignty over sub-national entities, which cannot secede or nullify federal laws, that is, they are in a clear position of inferiority with respect to the federation. For their part, in confederation, sub-national entities remain sovereign, that is, with the full capacity to make decisions on their own, including the rights of secession and nullification; with which the confederate state is rather a central point of debate between the different sovereign states that make up the confederation.

A state department of education has created a fund of a specific amount to be distributed among the public and private elementary schools within the state to provide instructional programs in mathematics. The amount of funds available to a school will be based on the number of students attending the school and the number of schools that elect to receive funds. Concerned that the expenditure of funds will benefit parochial schools at the expense of public schools, parents of public-school children have filed suit against the state secretary of education in federal district court seeking an injunction to block the distribution of these funds to parochial schools as a violation of the First Amendment to the United States Constitution as made applicable to the state via the Fourteenth Amendment. How is the court likely to rule in this suit

Answers

Answer:

Doesn't fall under the First Amendment nor the Fourteenth Amendment. Try again.

La pieza de abajo está muy arriba coherencia ejemplo

Answers

Explanation:

Coherence is defined as anything that is logical, continuous, and makes more sense world in general. An argumentation with no contradictions is an example of coherence. Congruency is the characteristic of being intellectually integrated, consistent, and understandable. His tale was disjointed.

Answer:

La pieza que se encuentra arriba esta en lo bajo

Creo que es asi, perdon.

Alabama permit test

Answers

Answer:

Alabama is a state located on the south of the United States. With an area of ​​135,765 km2, Alabama is the 30th largest state in the United States, the 24th most populous state in terms of population (4.9 million) and 27th in terms of population density of 37 inhabitants per km2.  

The territory of Alabama was explored by the Spaniards in the 16th century, the first permanent European settlement was founded by the French in 1702 (near today's city of Mobile). Until 1763, this coastal area was part of their Louisiana colony, then, until 1783, part of British West Florida. At that time, the territory of Alabama was divided by the United States and Spain (as part of Florida). In 1798, Mississippi territory was created in the United States, which by 1812 had spread to the entire territory of today's Mississippi and Alabama. Five years later, its own territory was separated, which subsequently became a US state. It got its name from the river of the same name, named after the Alabama Indian culture. On December 14, 1819, Alabama became the 22nd state of the United States. During the Civil War, Alabama was part of the Confederation from 1861 to 1865, and was rejoined the Union in 1868.

A drug addict gives his or her drug more importance than __________.

Answers

Answer:

Anything else

Explanation:

They will do any thing even give away family and being homeless.

The plaintiff was severely injured when a tire on her car blew out and caused her to lose control of the car. She filed an action in federal district court against the manufacturer of the tire, alleging that the tire was defective. The plaintiff intends to introduce remnants of the tire into evidence at trial as part of her proof that the tire was defective. In what way are the remnants subject to discovery

Answers

Answer:

Everything she uncovers through her Mechanic is Discovery and MUST be disclosed!

A small cruise ship struck a whale swimming underwater, causing the ship to suddenly lurch sideways. A passenger on the ship who was walking down a corridor lost his balance and bumped his head on the edge of a doorway. Because of a previously existing medical condition that made him susceptible to bleeding on the brain, he suffered a cerebral hemorrhage and permanent mental impairment, despite prompt medical attention on the ship. The passenger brought suit against the cruise ship owner for his damages. At trial, the passenger presented evidence of how he was injured as he walked down the hallway, his previous medical condition, and his medical expenses and other damages. The cruise ship owner presented evidence that the cruise ship was following its approved route and that the whale could not have been detected before impact, and that the bump would not have injured someone in ordinary health. At the close of the evidence, the cruise ship owner moved for a directed verdict. How should the court rule

Answers

Answer: Grant the motion, because there is no evidence that the crew operated the ship negligently.

Explanation:

The court should rule by granting the cruise ship owner's motion due to the fact that the passenger has not been able to establish a case of negligence against the ship.

It should be noted that in order to establish a prima facie case for negligence, the plaintiff in this case must be able to show a duty of care, then a breach of that duty, a proximate cause, and the damages. However, in this case, the passenger doesn't have enough evidence to back up his claim.

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