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?
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.
future wheel showing what happens when cohesion exists among members on a football team
Answer:
Winning of world cup.
Explanation:
Future wheel showing that the team can win the world cup when cohesion exists among members on a football team because cohesion helps the team members to achieve a common goal and the common goal for the football team is winning the football world cup for their country so if they work very hard to achieve this common goal, there is high possibility of winning the world cup.
Critically evaluate how social media and the print media reports on human rights violations
impacts on communities during the pandemic.
Social and printed media sometimes over hypes a certain topic especially concerning social media since most ppl wanna go viral
HELP PLEASE
why is it important for economies to invest in education and training in order to develop new technologies
impact of lockdown on business
Do you think it is essential to have a policy on alcohol? Why?
Answer:
YesExplanation:due to the depletion of alcohol stocks. Because People almost consume alcohol in large quantities.
#Correct me if I'm wrong#Hope it's HelpWhat are the importances of professional education?
A farmer contracted to sell 100,000 bushels of wheat to a buyer. When the wheat arrived at the destination, the buyer discovered that the farmer had delivered only 96,000 bushels. The buyer sued the farmer for breach of contract. At the trial of the case, the court found that the written contract was intended as a complete and exclusive statement of the terms of the agreement. The farmer offered to prove that in the wheat business, a promise to deliver a specified quantity is considered to be satisfied if the delivered quantity is within 5% of the specified quantity. The buyer objected to the offered evidence. Is the court likely to admit the evidence offered by the farmer?
Answers:
A. No, because the offered evidence is inconsistent with the express language of the agreement.
B. No, because the written contract was totally integrated.
C. Yes, because the offered evidence demonstrates that the farmer substantially performed the contract.
D. Yes, because the offered evidence explains or supplements the agreement by usage of trade.
Answer:
B. No, because the written contract was totally integrated.
Explanation:
5% of the order i.e 100,000 = 0.05 * 100,000 = 5,000 bushels
Now as per the contract order will be considered delivered if the delivered quantity is within 5% of the specified quantity.
This condition is fulfilled by the farmer but this is not correct and hence court will consider it as incorrect
hello can u plz help me and give the right answer and there's a screenshot below
Answer:
The United States was meant to stretch from the Atlantic to the Pacific Ocean.
Explanation:
During the 19th century, "manifest destiny" was the cultural belief that U.S. expansion across North America was completely justifiable and inevitable. This meant the United States's territory would stretch from the right side of North America, bordered by the Atlantic Ocean, to the left side of North America, bordered by the Pacific Ocean. Therefore, the correct answer is the last option.
What advice would you give someone who thought s/he might have a STI?
Why does Australia have such unique biodiversity (variety of animals and plants) in its fauna and flora?
Answer:
Australia has unique biodiversity in its fauna and flora because it has been separated from the rest of the world (from other lands) for millions of years.
Explanation:
Australia is located in the Oceania continent. It's the country that has the most unique biodiversity and environment in the entire continent. Being isolated from the rest of the world, and also being completely surrounded by oceans, made Australia a place where plants and animals evolved.
Which valley was used for trade with Central Asia over the Silk Road Arabic Social Studies
A Chitral Valley
B Greiti Valley
C Crendal Valley
D Marsk Valley
A defendant is on trial for violating a statute forbidding possession of a concealed weapon within 100 yards of a government building. The prosecution presents evidence that the defendant was arrested on a street corner with a handgun in his pocket. The building housing the local city hall occupies the entire block on the north and east sides of the two streets where the defendant was apprehended.
Which of the following statements is most accurate regarding judicial notice of the location of the city hall?
A The judge may take judicial notice of this fact without resort to a map, and should instruct the jury that it may, but need not, accept this fact as evidence of an element of the offense.
B The judge may take judicial notice of this fact only upon reference to an official street map of the city.
C The judge may not take judicial notice of this type of fact in a criminal case without a request by the prosecution.
D If the judge properly takes judicial notice of this fact, a presumption is created that shifts the burden of persuasion to the defendant to disprove this fact.
Answer:
The judge may take judicial notice of this fact without resort to a map, and should instruct the jury that it may, but need not, accept this fact as evidence of an element of the offense
Explanation:
Trial courts
This is a type of court where they listen to testimony, put evidence into consideration, and decide the facts in disputed occurrences or situations. There are 2 parties in each case.
Judicial Notice
This is knowing that a fact is true even without the formal presentation of any piece of evidencee
Types of Judicial Notice
1. Legislative Facts: includes legal reasoning and lawmaking, constitutions, statutes etc.
2. Adjudicative Facts: this occurs in specialcase. Either when generally known in the jurisdiction or when capable of ready movement or determination.
Intervention strategies that the government can implement to make sure that the citizens are living in healthy environment
Fun fact there's a village named “sus” southwest France.
ohhh I see interesting:))!!!!
What's the process of an Information technology Teacher?.
Answer:
Explanation:
Evolutions in technology and media have made existing without a computer a thing of the past. Whether it be simple management of data in a day-to-day job or preparing for a career in software development, being fluent in the management and use of computers and other technologies is part of a 21st century education. If you speak the language of information and technology and want to get students ready for a cutting edge education, you might make a great IT teacher.
Water scarcity is caused by exploitation and the contamination of water sources.” Do you agree with this statement? Explain your answer.
Answer:
Yes.
Explanation:
Yes, Water scarcity occurs due to exploitation and the contamination of water sources. There are less amount of fresh water present on planet earth and the human activities also contaminated the available fresh water which leads to water scarcity. There are about 3% of water is fresh water that is drinkable while the remaining is the salty water present in the oceans which is not drinkable so we can conclude that exploitation and the contamination are the main causes of water scarcity.
what happened at the capitol ?
Answer:
It got raided by protestors after Trump lost.
five countries practicing written Constitution
Answer:
Hello There!!
Explanation:
Brazil,New Zealand,Australia,Denmark,USA.
hope this helps,have a great day!!
~Pinky~
JUICE WRLD or XXXTENTACION
Answer:
juice wrld
Explanation:
Answer:
that is a tough question they are both legends i would say 999
Explanation:
Why did Constantine convert to Christianity?
1.He wanted an alternative to Judaism.
2.He was ordered to do so by Hadrian.
3.He was ordered to do so by Theodosius.
4.He had a religious vision before battle.
Answer:
4.He had a religious vision before battle.
South America and Africa appear to fit together like pieces in a puzzle. This observation is explained by __________. A. Gravitational theory B. Electromagnet forces C. The laws of motion D. The hypothesis of continental drift
Answer:
D
Explanation:
D
In the mid 1800’s, Antonio Snider-Pelligrini acknowledged that the same plant fossils were in the coal beds of Europe and North America at places where the continents seemed to have fit together geographically (Plate Tectonics: Continental Drift)
The phenomenon described can best be explained by D. The hypothesis of continental drift.
The Theory of Continental DriftPosits that all continents were once together and part of a super continent. Gives evidence as the fact that continents are moving apart and that certain continents seem to fit together.Two such continents are Africa and South America which seem to fit on the western side of Africa and the eastern side of South America thereby giving credence to the theory.
In conclusion, option C is correct.
Find out more on the Continental drift hypothesis at https://brainly.com/question/394265.
What term is typically used to describe protections guaranteed under the 1st Amendment?
A.
civil rights
B.
civil liberties
C.
precedents
D.
executive orders
E.
amendments
The term basically used to describe protections guaranteed under the 1st Amendment is civil liberties. Thus option (B) is correct.
What is an amendment?An amendment is a change or addition made to a legal document, such as a constitution, statute, or contract. An amendments are typically used to modify or update the original text of a legal document to reflect changing circumstances, new information, or different interpretations of the law.
An amendment to a constitution changes the fundamental law of the land, while an amendment to a statute changes the legal rules that apply to a particular area of activity.
An amendments play an important role in the evolution of legal documents, allowing them to be adapted and improved over time to better serve the needs of society.
The civil liberties is a term basically used to describe protections guaranteed under the 1st Amendment. Therefore, option (B) is correct.
Learn more about the amendment here:
https://brainly.com/question/29372567
#SPJ7
The two types of county governments allowed in Washington are
home rule and strong mayor.
weak mayor and city council.
commission and home rule.
council-manager and home rule.
Answer:
commission and home rule
What is a political party?
a group of people who decide where to hold political events
a group of people who seek to be elected to public office
a group of people who hold meetings to discuss politics
a group of people who share common ideas about government
Answer:
A?
Explanation:
Im not so sure.
The map below shows the location of some natural resources in North America.
The map shows various natural resources across North America. In Mexico, the map indicates copper, silver, and iron are found. Across the United States, iron, oil, coal, copper, gold, and silver are found. In Canada, lead and zinc, coal, copper, oil, iron, gold, silver, and uranium are found.
© 2011 FLVS
According to the map, which natural resource is found in Canada, the United States, and Mexico?
Uranium
Lead
Iron
Gold
Answer:
The answer is CExplanation:
hope this helps :D
According to the details given of the map, the natural resource found in Canada, the United States, and Mexico is Iron.
Materials found in the various countriesEach country boasts of having a wide array of minerals to exploit for the nation's benefit. One mineral is present in all three nations however, and that is Iron.
Other minerals found in all three countries include sliver and copper showing that the North American continent is blessed with various resources.
In conclusion, option C is correct.
Find out more on natural resources at https://brainly.com/question/1129771.
Drag each tile to the correct location. Match each description to its written source. describes how Muslims should interact with one another the holy book of Islam contains all the messages God communicated to Muhammad
Answer:
Please find the complete solution in the attached file:
Explanation:
Answer:
Qur'an:
The holy book of Islam
Contains all the messages God communicated to Muhammad
Sunnah:
Describes how Muslims should interact with one another
Explanation:
what are the features of the development of your society discuss them
Explanation:
In addition to the segments of the discourse of modernity and modernization that have been classified, a structure of essential features of modern society is revealed comprising 1) universality (invariance) of social development; 2) civilization variability and uniqueness of cultural programs; 3) emancipation trend
As part of a unit on weather systems, a first-grade class will be reading a scientific, informational text with many new, tier-three vocabulary terms. Before this reading takes place, the teacher has students write about their favorite type of weather, identify the current weather outside over the course of a week, and watch a few videos depicting different types of weather systems. The main purpose for these pre-reading activities is to:
Answer:
The purpose of pre-reading is to allow students to have a prior knowledge of the subject that will be covered in a more complex text.
Explanation:
Pre-reading is a very useful tool to be used in the classroom, because it is through it that students can prepare themselves to understand more complex texts and even simultaneous readings. In pre-reading, students have prior access to the subject that will be covered in the complex text. This early access allows the student to understand the text in a more detailed and complete way, improving comprehension and reading efficiency.
You have decided to organize your presentation by presenting the events in the order they happened. What is this
type of organization called?
Ochronological
O cause and effect
O problem and solution
O research question
Answer:
A. Chronological
Explanation:
edge
