Rule 15 of the North Carolina Rules of Civil Procedure concerns amending pleadings. Specifically, it allows a party to amend its pleadings at any time before a responsive pleading is served, or, if no responsive pleading is required, within 30 days of service of the pleading to be amended.
After that time, a party may only amend its pleadings by written consent of the opposing party or by leave of court. The rule also provides that leave to amend should be freely given when justice so requires, but that the court may consider factors such as undue delay, prejudice to the opposing party, and futility of the proposed amendment in deciding whether to grant leave to amend.
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Larry agreed to lease his premises to Tony for two years. Larry will not be liable for breaching an implied warranty of habitability if
In the scenario given, Larry will not be liable for breaching the implied warranty of habitability if Tony was aware of any issues with the premises at the time of the lease agreement and agreed to accept the property in its current condition.
However, if Larry concealed or failed to disclose any known defects or issues with the property, he may be liable for breaching the implied warranty of habitability, even if Tony agreed to lease the property in its current condition.
In a lease agreement, there is often an implied warranty of habitability, which means that the landlord is responsible for maintaining the property in a condition that is safe and suitable for human habitation. If the landlord fails to meet this standard, the tenant may have legal recourse, such as withholding rent or terminating the lease.
In general, a landlord will not be liable for breaching the implied warranty of habitability if the tenant was aware of the condition of the property at the time of the lease agreement and agreed to accept the property in its current condition. This is known as the doctrine of "caveat emptor" or "let the buyer beware."
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T, a month-to-month tenant, notified L on Nov. 16 that she would vacate as of Nov. 30. T then vacated on that date of Nov. 30 and paid no further rent. L, after reasonable efforts, finally relet the premises beginning April 1, of the next year. L sues T for unpaid rent for the months of Dec. through Apr. What result?
In the given case, T would likely be responsible for paying rent for the months of December through March, since T did not provide rent for those months and did not have permission from L to break the lease early.
Rent is a payment made by a tenant to a landlord in exchange for the use and occupancy of a property. The amount of rent is usually determined by the terms of a lease or rental agreement.
The payment of rent is a key component of the landlord-tenant relationship and helps to ensure that the landlord is compensated for the use of their property while the tenant has the right to use and occupy the premises.
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Most states have blood-alcohol concentration limits of __________ percent for drivers under age 21.
Most states have blood-alcohol concentration (BAC) limits of 0.02 percent or lower for drivers under age 21. This is because the legal drinking age in the United States is 21, and drivers under this age are subject to zero-tolerance laws.
The correct answer is 0.02 percent.
Blood alcohol concentration (BAC) limit refers to the legal limit of the amount of alcohol that can be present in a person's bloodstream while operating a motor vehicle. In the United States, the BAC limit varies by state and by the age of the driver.
For drivers who are 21 years of age or older, the BAC limit is typically 0.08 per cent, meaning that if a driver's BAC level is at or above 0.08 per cent, they can be charged with driving under the influence (DUI) or driving while intoxicated (DWI) and face criminal penalties.
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TRUE/FALSE. A peremptory challenge to a prospective juror generally can be exercised without giving a reason.
The statement "a peremptory challenge to a prospective juror generally can be exercised without giving a reason" is true. The tool ensures a fair jury, but discrimination based on protected characteristics is not allowed.
A peremptory challenge is a legal tool used during the jury selection process, which allows attorneys from both sides to exclude a limited number of potential jurors without providing a reason or justification. This type of challenge contrasts with a "for cause" challenge, where an attorney must provide a valid legal reason for excluding a particular juror.
Peremptory challenges are used to ensure that the final jury is impartial and balanced. They allow attorneys to exclude individuals who they believe may be biased or unable to make a fair decision in the case.
However, peremptory challenges cannot be used to discriminate against potential jurors based on race, gender, or other protected characteristics, as established by the U.S. Supreme Court in Batson v. Kentucky (1986) and subsequent cases.
To exercise a peremptory challenge, an attorney simply informs the judge or court officer that they wish to exclude a specific juror without providing a reason. The juror is then dismissed from the pool of potential jurors. Both the prosecution and the defense are typically granted a limited number of peremptory challenges, which varies depending on the jurisdiction and the severity of the case.
In summary, it is true that a peremptory challenge to a prospective juror generally can be exercised without giving a reason. This tool helps ensure an impartial and balanced jury, but it cannot be used to discriminate against potential jurors based on protected characteristics.
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O conveys Blackacre "to A for life, remainder to B and her heirs." B then dies intestate without heirs. A then dies. Who owns Blackacre?
Based on the given information, The property escheats, or goes back to the state as Blackacre. A possesses a life estate.
The fraudulent properties in the form of land are given the placeholder name Blackacre. Professors of law in traditional countries use the titles, mainly in real estate law and sporadically in contract law. The given case signifies this attribute.
A possesses an estate for life. Due to his premature passing, B never receives his portion in fee simple. After A passed away, the property would have passed to B's heirs, but he has none.
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In James v. Bob Ross Buick, where James had been fired from a car dealership that then sent letters to customers under his name, James sued for:a. slander b. libelc. misappropriation of the name of another d. fraude. none of the other choices
In James v. Bob Ross Buick, James sued for c) misappropriation of the name of another. This refers to the unauthorized use of another person's name or likeness for personal gain.
In this case, the car dealership sent letters to customers under James' name without his consent, which led to a loss of reputation and potential business opportunities for him. This is considered a form of misappropriation because the dealership used James' name without permission in order to benefit themselves.
It is important for individuals and businesses to respect the privacy and rights of others and not use their name or likeness for personal gain without permission. James was rightfully able to seek legal action and hold the dealership accountable for their actions.
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TRUE/FALSE. Documents filed by both parties at the beginning of a lawsuit are called the pleadings.
The statement "documents filed by both parties at the beginning of a lawsuit are called the pleadings" is true because, in a civil lawsuit, pleadings refer to the formal documents filed by the parties at the beginning of a case.
The correct answer is true.
These documents typically include the complaint filed by the plaintiff, which sets forth the claims being made against the defendant, and the defendant's answer, which responds to the allegations in the complaint and may include any affirmative defences or counterclaims the defendant wishes to make.
In addition to the complaint and answer, other pleadings may be filed as the case progresses, such as a reply by the plaintiff to any counterclaims made by the defendant or a motion to dismiss the case by either party. Pleadings play a critical role in shaping the direction of a case, as they provide the initial framework for the issues that will be litigated and the evidence that will be presented.
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Illegal wire tapping is an intrusion into a person's solitude and an example of the tort of:a. negligenceb. invasion of solitude c. invasion of privacy d. batterye. false imprisonmentANSWER: c
Illegal wiretapping is an example of the privacy tort and a violation of privacy.
A tort known as invasion of privacy includes a number of wrongdoings, such as invading someone's solitude or seclusion, disclosing private information in public, exposing someone's privacy in a false light, and using someone else's name or likeness for profit.
Illegal wiretapping, which entails the unauthorized interception of personal communications without the parties' consent, is an infringement on a person's right to solitude or seclusion.
Hence, the correct option is C.
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T is a tenant at will of L. L causes a nuisance that interferes with T 's business on the leased premises. T vacates, rents equivalent space at a higher rent, and subsequently sues for damages on a theory of constructive eviction arising from a breach of the covenant of quiet enjoyment. What result?
In this situation, T may be able to succeed in recovering damages from L on a theory of constructive eviction.
What is eviction?Eviction is the legal process of a landlord or property owner forcibly removing a tenant from a rental property. It usually takes place after the tenant has failed to pay rent, violated their lease agreement in some way, or failed to vacate the property after their lease has expired. The eviction process begins when the landlord serves the tenant with an eviction notice, which provides a certain amount of time to remedy the situation or vacate the property.
This is because a tenant at will has the same rights to quiet enjoyment as a tenant with a lease, and the nuisance caused by L has interfered with T's business on the leased premises. If T can show that the nuisance was so severe that it effectively forced them to vacate the premises and move to a more expensive location, then T may be able to recover damages for the increased rent and other related costs.
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Otis conveys Blackacre to his four children, "Amy, Bob, Conner, and Diane, all as joint tenants with the right of survivorship in all four, and not as tenants in common." Amy conveys her interest to Diane. Conner then dies devising his interest to Amy. What are the ownership rights of siblings?
When Otis conveyed Blackacre to his four children as joint tenants with the right of survivorship, it means that each child owns an equal share of the property and has the right to the entire property upon the death of the other joint tenants.
This means that upon the death of one of the joint tenants, their interest in the property passes automatically to the surviving joint tenants, rather than to their heirs.
When Amy conveyed her interest to Diane, she severed her joint tenancy with the other siblings, meaning that she no longer held an equal share in the property. Instead, she transferred her share of the property to Diane as a tenant in common, which means that each sibling held an equal share of the property as tenants in common.
When Conner died, his interest in the property passed to the surviving joint tenants, which in this case were Amy, Bob, and Diane. However, since Amy had already severed her joint tenancy by conveying her interest to Diane, Conner's interest in the property would have been divided equally among Bob and Diane as tenants in common.
Therefore, after Conner's death, the remaining ownership rights of the siblings would be as follows:
Amy: 1/4 interest as a tenant in common with Bob and Diane
Bob: 1/4 interest as a tenant in common with Amy and Diane
Conner's interest is divided equally between Bob and Diane as tenants in common.
Diane: 1/2 interest as a tenant in common with Amy and Bob.
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59. Over the past three decades changes in the process of choosing presidential nominees have increased the role and influence of all of the following EXCEPT
Over the past three decades, changes in the process of choosing presidential nominees have increased the role and influence of all of the following, except party leaders, because it has decreased their role and influence.
The correct answer is party leaders.
Instead, the role of party leaders has been replaced by a more decentralized and democratized process that involves greater participation from rank-and-file voters. This has been driven partly by the rise of primary elections and caucuses, which allow voters to directly select their party's nominee rather than leaving the decision to party leaders or elites.
Additionally, the increased use of social media and other forms of technology has made it easier for candidates to communicate directly with voters, further diminishing the role of party leaders in the nomination process.
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T/F The Daubert decision of the United States Supreme Court makes the employment of the Frye standard unconstitutional in state court.
The Daubert decision of the United States Supreme Court makes the employment of the Frye standard unconstitutional in state court.False
The Daubert decision of the United States Supreme Court did not make the Frye standard unconstitutional in state court. The Daubert decision replaced the Frye standard for admissibility of expert testimony with a more stringent standard in federal court.
However, individual states can still choose to use the Frye standard or a modified version of it in state court. Some states have adopted the Daubert standard, while others continue to use the Frye standard or a hybrid of the two. Therefore, the Frye standard is still a valid standard for the admissibility of expert testimony in state court in some jurisdictions.
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Erin's employer published a story about her that portrayed her as a sneaky, deceitful person when in reality, she is a very open and honest person. Erin will probably sue for:a. defamation b. negligence c. assaultd. false imprisonment e. battery
Erin's employer published a story about her that portrayed her as a sneaky, deceitful person, which could harm her reputation and cause her emotional distress. Erin may have grounds for a) defamation lawsuit against her employer.
Defamation is a statement that harms someone's reputation, and it can be either slander (spoken) or libel (written).
In this case, the story was published, so it falls under libel. To prove defamation, Erin would need to show that the statement was false, that it was communicated to others, and that it caused harm to her reputation.
Additionally, she may need to prove that her employer acted with malice or reckless disregard for the truth. If Erin is successful in her lawsuit, she may be entitled to damages to compensate for her losses.
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32. Except for the years 1984 and 1992, voter turnout in presidential elections has declined steadily since
Except for 1984 and 1992, voter turnout in presidential elections has declined steadily since the 1960s. In 1960, voter turnout was approximately 63%, while in the 2016 presidential election, voter turnout was around 58%.
The correct answer is 1960s.
This trend has been observed in both major political parties, with Democrats and Republicans experiencing similar declines in voter participation. There are a variety of potential explanations for this trend, including factors such as increasing levels of political cynicism, a growing sense of political apathy among young voters, changes in voting laws and regulations, and the rising popularity of alternative forms of political engagement such as social media activism.
Some analysts believe that attempts to enhance voter turnout should include policies that make it simpler for individuals to register and vote, such as early voting, online voter registration, and automated voter registration.
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A DNS-based traffic load balancer
Azure load balancer
Traffic manager
Application gateway
Azure front door
A DNS-based traffic load balancer is a type of Azure load balancer that uses DNS to distribute traffic across multiple servers or endpoints. Thus option (A) is correct.
Azure Load Balancer is a Layer 4 load balancer that distributes incoming traffic across multiple VMs or instances in a backend pool. It supports both public and private IP addresses, and can be used for both inbound and outbound traffic.
When a client requests a connection to a particular hostname, the DNS servers return a list of IP addresses for that hostname, and the client selects one of the IP addresses to connect to.
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O conveys Blackacre "to A for life, then to B forever." What estates do A and B have? Assume 1600? What about 2014?
When O conveys Blackacre "to A for life, then to B forever." A has a life estate and B has a remainder fee simple.
The net value of a person at any given time, whether they are living or not, is their estate. It is the totality of a person's possessions, including all legal claims, interests, and entitlements to any sort of property.
While B owns the remaining fee simple, A possesses a life estate. possesses a life estate. C inherits A's estate in fee simple after A passes away.
Estates with a leasehold are those with an infinite time frame, which may be a single life or perpetually. "Estates of inheritance" is the name given to a few different types of freehold estates.
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The high standard that plaintiffs must meet in intentional infliction of emotional distress cases is what?
The high standard that plaintiffs must meet in intentional infliction of emotional distress cases is the "outrageous conduct" standard. Courts recognize the importance of emotional distress claims but also prioritize the value of free speech and expression.
To meet this standard, plaintiffs must prove that the defendant's behavior was extreme and outrageous, beyond the bounds of decency and utterly intolerable in a civilized society.
Additionally, the plaintiff must demonstrate that the defendant acted intentionally or recklessly and that the defendant's conduct caused severe emotional distress to the plaintiff. Courts have set a high bar for intentional infliction of emotional distress claims to prevent trivial or frivolous lawsuits.
To meet this standard, the plaintiff must prove that the defendant's behavior was so egregious that no reasonable person could have endured it without suffering severe emotional distress. This standard also protects free speech by ensuring that people can express themselves without fear of being sued for causing emotional distress.
Overall, the high standard for intentional infliction of emotional distress cases reflects the courts' recognition that emotional distress claims must be taken seriously but also balanced against the importance of free speech and expression.
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One of the motions that can be made after a verdict has been entered is a motion for a
One of the motions that can be made after a verdict has been entered is a motion for a new trial. This motion asks the court to set aside the verdict and order a new trial.
There are several grounds on which a new trial may be requested, including newly discovered evidence, misconduct by a juror or the opposing party, errors in the court's instructions to the jury, or the verdict being against the weight of the evidence.
The party making the motion must provide evidence supporting their claim that a new trial is necessary. The court will then consider the evidence and determine whether a new trial is warranted. If the court grants the motion, the case will be retried, and a new verdict will be entered.
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In an assault or battery tort case, consent:a. can be either expressed or implied by words or conduct b. must be expressed with wordsc. must be expressed in writingd. must be expressed by all involved parties e. none of the other choices
In an assault or battery tort case, consent can be either expressed or implied by words or conduct. This means that the victim of an assault or battery can explicitly state their agreement to the act or indicate their consent through their actions.
For example, if someone consents to a physical altercation by initiating the fight or if they consent to a medical procedure by signing a form, it can be seen as implied consent. However, it is important to note that consent must be given freely and with full knowledge of the consequences of the act.
If consent is obtained through coercion, fraud, or deception, it is not valid. Additionally, consent can be withdrawn at any time, even if it was initially given. Ultimately, the presence or absence of consent is a crucial factor in determining whether an act constitutes assault or battery in a tort case.
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fill in the blank. _____ are government programs guaranteeing access to some benefit by members of a specific group and based on established rights or by legislation
entitlement programs
Entitlement programs are government programs that guarantee access to some benefit by members of a specific group and are based on established Rights or by legislation.
These programs provide assistance to individuals who meet certain eligibility requirements, such as low-income households, disabled individuals, and seniors. Examples of entitlement programs include Social Security, Medicare, Medicaid, and Supplemental Nutrition Assistance Program (SNAP).
Entitlement programs differ from discretionary spending programs, which are subject to annual appropriations by Congress. While entitlement programs are often controversial due to their high costs and potential for abuse, they remain an important source of support for many vulnerable populations in the United States.
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FILL IN THE BLANK. Under the doctrine of _____, damages are reduced by the percentage of the injuries caused by a plaintiff's own careless conduct.a. intervening conductb. substantial factorc. comparative negligenced. proximate causee. cause in fact
Under the doctrine of comparative negligence, damages are reduced by the percentage of the injuries caused by a plaintiff's own careless conduct. The correct option is C.
Comparative negligence is a legal principle that apportions responsibility for injuries between the plaintiff and defendant based on their respective degrees of fault. In a case where both parties have contributed to the injuries, the court will assess the percentage of fault attributable to each party.
The plaintiff's damages award is then reduced by the percentage of their own negligence. For example, if the plaintiff is found to be 30% at fault for the accident, and the total damages amount to $100,000, the plaintiff will only be able to recover 70% of the damages, which equals $70,000.
This approach is considered fairer than the traditional contributory negligence rule, which often barred a plaintiff from any recovery if they were found to be even slightly at fault.
Comparative negligence aims to distribute liability in a manner that reflects the parties' respective contributions to the harm. It encourages responsible behavior by holding each party accountable for their actions and discouraging reckless conduct that may lead to injuries.
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O conveys "to A for life, then to B if B attains the age of 30." B is now 2 years old. Is there a life being who can validate the interest?
O conveys “to A for life, then to B if B attains the age of 30.” B is now 2 years old. Valid: B is the validating life for B's remainder. If B reaches 30, the remainder will vest; if B dies under 30, the remainder will fail.
Rule Against Perpetuities means no interest is good unless it must vest, if at all, not later than twenty-one years after some life in being at the creation of the interest. Specifically, the rule forbids a person from creating future interests in property that would vest beyond 21 years after the lifetimes of those living at the time of creation of the interest, often expressed as a life in being plus twenty-one years.
Thus the valid B is the validating life for B's remainder. If B reaches 30, the remainder will vest; if B dies under 30, the remainder will fail.
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Enforcement and elaboration of U.S. legislation is given to ________.
A) the legislative branch
B) oversight committees including private citizens
C) administrative agencies
D) the judicial branch
E) watchdog groups
The enforcement and elaboration of U.S. legislation is primarily given to administrative agencies (option c).
These agencies are responsible for implementing and enforcing the laws passed by Congress, as well as drafting regulations and guidelines to further clarify and interpret the laws.
Oversight committees including private citizens and watchdog groups can also play a role in monitoring and ensuring compliance with the law, but they do not have the authority to enforce it.
The judicial branch also plays a role in interpreting and enforcing the law, but this is primarily through the resolution of legal disputes rather than day-to-day enforcement. Ultimately, administrative agencies are the key actors in ensuring that U.S. legislation is effectively implemented and enforced.
Thus, the correct option is c- administrative agencies.
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The types of civil cases that a private citizen can file in federal district courts include:
The types of civil cases that a private citizen can file in federal district courts include cases involving federal question jurisdiction and diversity jurisdiction. Federal question jurisdiction refers to cases where the plaintiff's claim is based on a federal law or the U.S. Constitution.
For example, if a private citizen believes their First Amendment rights have been violated by a government entity, they can file a lawsuit in federal court. Diversity jurisdiction, on the other hand, involves cases between citizens of different states or between a U.S. citizen and a foreign citizen, where the amount in controversy exceeds $75,000.
For instance, if a private citizen from California has a dispute with a citizen from Texas involving a contract worth more than $75,000, they can file a lawsuit in federal court.
It is important to note that certain cases are exclusively heard by federal courts, such as those involving bankruptcy, copyright and patent law, and cases against the United States government. Additionally, some cases can be filed in either state or federal court, depending on the circumstances and the preference of the parties involved.
In summary, private citizens can file civil cases in federal district courts when they involve federal question jurisdiction or diversity jurisdiction, and the specific types of cases include constitutional claims, disputes between citizens of different states, and certain exclusive federal matters such as bankruptcy and intellectual property disputes.
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the jones family lives in washington d.c. and has a booming methamphetamine business out of their house. one night a tree falls on their home exposing their operation to the fire department who in turn calls the police.mr. jones has requested that a jury be present to hear this case. where will his case be heard?
Answer:
If Mr. Jones is facing criminal charges related to his methamphetamine business, his case will likely be heard in a criminal court in Washington D.C. Criminal cases involving federal offenses, such as drug trafficking, are typically tried in federal courts or district courts within the state where the crime was committed. Washington D.C. has a federal court system, which means that federal criminal cases and some criminal cases that involve violations of D.C. law are heard in its courts.
If Mr. Jones requests a trial by jury, he may have the opportunity to have his case heard by a jury of his peers in a criminal trial. The court will follow specific procedures to ensure that the jury is selected fairly and impartially.
Explanation:
TRUE/FALSE. Generally, the prevailing party in a lawsuit is awarded the costs of the action, including witness fees and jury fees.
TRUE, Generally, the prevailing party in a lawsuit is awarded the costs of the action, including witness fees and jury fees. The prevailing party is the party that wins the case, whether it is the plaintiff or the defendant.
The award of costs is intended to offset the expenses incurred by the prevailing party in bringing or defending the lawsuit. The amount of costs awarded may vary depending on the nature and complexity of the case, as well as the court rules and local practices.
In addition to witness fees and jury fees, the costs of the action may also include filing fees, service fees, deposition fees, transcript fees, and other reasonable expenses. However, the award of costs is not automatic and may be subject to court approval and review.
Moreover, the losing party may contest the award of costs and seek to reduce or eliminate it based on various grounds.
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The contract between BootMagic and its union is due to expire in 30 days. If the union and BootMagic cannot successfully negotiate a contract, who must be notified?a.the NLRBb.the FMCSc.the AFL-CIOd.the U.S. Secretary of Labor
If the contract between BootMagic and its union is due to expire in 30 days and they cannot successfully negotiate a new contract, the National Labor Relations Board (NLRB) must be notified, as it is the federal agency responsible for enforcing the NLRA.
The correct option is A.
The NLRB is a federal agency responsible for enforcing the National Labor Relations Act (NLRA), which protects the rights of employees to organize and collectively bargain with their employers. The NLRB has the authority to investigate and remedy unfair labour practices and to oversee union representation elections and collective bargaining.
Under the NLRA, if the union and the employer cannot agree on a new contract and the negotiations reach an impasse, either party may request the Federal Mediation and Conciliation Service (FMCS) to help them resolve the dispute. However, neither the AFL-CIO nor the U.S. Secretary of Labor must be notified.
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"On all sides prurient...for a purpose" (Section 28)
This phrase is part of a longer sentence in Section 28 of Walt Whitman's poem "Song of Myself", which reads:
"On all sides prurient provokers stiffening my limbs,
Straining the udder of my heart for its withheld drip,
Behaving licentious toward me, taking no denial,
Depriving me of my best as for a purpose,"
It talks about different desires and interests that people have, which some people might think are indecent. Whitman thinks these desires are a natural part of being human, and we should accept and enjoy them instead of being ashamed.
The phrase "for a purpose" means that these desires have an essential role in our lives and shouldn't be ignored. The phrase is about how humans have many different desires, and accepting them is essential.
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Assumption of risk is a(n):a. fail safe way to protect oneself from negligence liability b. valid defense against a negligence actionc. insurance policy against being sued for negligence d. all of the specific choicese. none of the specific choices
Assumption of risk is a valid defense against a negligence action. It refers to the idea that if an individual knowingly and willingly participates in a dangerous activity, they cannot hold another person liable for any resulting injuries or damages.
In legal terms, this means that the injured party assumed the risk of the activity and therefore cannot hold the other party responsible. Assumption of risk can be seen in many different contexts, such as sporting events, amusement parks, and even medical procedures.
It is often used by defendants in personal injury cases as a defense to avoid being found negligent and held liable for damages.
However, it is important to note that the assumption of risk is not an insurance policy against being sued for negligence, nor is it a fail-safe way to protect oneself from negligence liability. It is simply a defense that can be used in certain situations where the injured party voluntarily assumed the risk of the activity.
In summary, the assumption of risk is a valid defense against a negligence action, but it is not a guarantee of protection from liability. It is important for individuals and businesses to take appropriate measures to ensure the safety of others, even if the assumption of risk may be used as a defense in some cases.
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If the defendant has failed to correct, within 120 days of the date of the inspection
If the defendant has failed to correct the issues within 120 days of the date of the inspection, it is likely that the court will take action.
This could include ordering the defendant to make the necessary repairs, or to pay a fine for not complying with the inspection order.
The court may also order the defendant to pay for the costs of the inspection, and to pay any other damages that may have been caused due to the negligence of the defendant.
In some cases, the court may even order the defendant to vacate the premises until the repairs have been completed. Ultimately, the court will use its discretion in determining the appropriate action to take.
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