True. To determine whether a duty of care has been breached, a judge typically asks how a reasonable person would have acted in the same circumstances.
This concept is often referred to as the "reasonable person standard" and is a fundamental principle in negligence cases.
The reasonable person standard involves evaluating the defendant's conduct and comparing it to how a hypothetical reasonable person would have acted in similar circumstances. The judge or jury assesses whether the defendant's actions or omissions fell below the level of care expected from a reasonable person in that situation.
By employing this standard, the courts aim to establish an objective measure of care and determine whether the defendant's conduct met the required standard. If the defendant's actions are found to be below what a reasonable person would have done, it may be deemed a breach of the duty of care owed to the plaintiff.
It's important to note that the reasonable person standard takes into account the circumstances and context in which the defendant acted. The assessment considers factors such as the level of knowledge, experience, and expertise that a reasonable person would possess in that specific situation. The standard is not absolute and may vary depending on the specific circumstances, industry standards, or any specialized knowledge applicable to the case.
The reasonable person standard is applied in various areas of law, including personal injury cases, medical malpractice, and negligence claims. It serves as a benchmark to evaluate whether a defendant's actions were negligent and fell below the expected level of care.
In summary, the statement is true. When determining whether a duty of care has been breached, a judge typically considers how a reasonable person would have acted in the same circumstances. The reasonable person standard serves as an objective measure of care, allowing courts to assess whether the defendant's conduct met the expected standard of care or fell below it.
Learn more about judge here
https://brainly.com/question/30584550
#SPJ11
who is the Ugandan nominee to the International Criminal Court
Dominic Ongwen declared guilty of war crimes and crimes against humanity committed in Uganda
The equal justice alliance established civil monetory penalties for the failure to report a suspicion of crime appropriately. True or false
The equal justice alliance established civil monetary penalties for the failure to report a suspicion of crime appropriately. True. This is further explained below.
What is an equal justice alliance?Generally, The Alliance for Equal Justice is a network of organizations that provides and supports civil legal assistance to low-income persons and communities as well as individuals and communities that are vulnerable and disenfranchised.
In conclusion, The Equal Justice Alliance was responsible for the establishment of civil monetary sanctions for failing to disclose a suspect of criminal activity in the right manner. True.
Read more about the equal justice alliance
https://brainly.com/question/15307135
#SPJ1
2. Which of the following is an effect of alcohol on driving?
a) Judgment impairment
b) Increased driving efficiency
c) Increased driving awareness
The defendant can file a(n) _______ if it is believed that the plaintiff caused her damages arising out of the very same set of facts.
Answer: Cross-claim
Explanation:
Different between citizen and alien
Explanation:
A citizen is a permanent resident of a state, while an alien is a temporary resident, who comes for a specific duration of time as a tourist or on diplomatic assignment
3. Bert purchased Ernie’s car. Before selling the car, Ernie had stated to Bert, “This car runs well and is reliable. Last week I drove the car all the way from Seattle to San Francisco to visit my mother and back again to Seattle.” In fact, Ernie was not telling the truth: he had driven the car to San Francisco to visit his paramour, not his mother. Upon discovery of the truth, may Bert avoid the contract? Why?
Bert cannot avoid the contract, though the sale and purchase transaction was based on Ernie's misrepresentation, he can, however, sue Ernie for misrepresentation.
What is contract misrepresentation?Misrepresentation is a false or misleading statement in a contract that induces the contract.
When the aggrieved party discovers the misrepresentation, they can sue the other party for remedies.
What are the types of misrepresentation?Misrepresentation falls into the following categories:
Fraudulent misrepresentationNegligent misrepresentationInnocent misrepresentation.What are the remedies for misrepresentation?For fraudulent and negligent misrepresentations, the aggrieved party can seek rescission or damages as remedies.
Thus, while Bert cannot avoid the contract with Ernie, he can sue Ernie for fraudulent misrepresentation.
Learn more about fraudulent misrepresentations at https://brainly.com/question/14815861
#SPJ1
7. What part of the economy finances public goods?
consumers
public sector
private sector
free riders
Answer: public sector
Explanation: Correct on Gradpoint
The part of the economy that finances public goods is the public sector. The correct option is B.
Public goods are products or services that are available to all members of society and that are neither exclusive nor competitive, meaning that one person's use of them does not affect how readily available they are to others.
Public goods must be provided and financed by the public sector, which is made up of several levels of government. To pay for the provision of public goods and services that benefit society as a whole, the government collects taxes and other income from people and businesses.
Thus, the ideal selection is option B.
Learn more about Public Sector here:
https://brainly.com/question/11503492
#SPJ6
The source of individual rights in the United States is
administrative law
case law
constitutional law
precedent.
if you want to put a pool in your yard, you must check the _____
Answer:
SLOPE ....
YOU MUST CHECK THE SLOPE Before YOU PUT A POOL
Why is fingerprint analysis not accurate in crime?
Answer:
It is only accurate if the criminal is already in the police database.
Explanation:
The print is matched with a fingerprint that is already in the system.
No one disputes that fingerprinting is a valuable and generally reliable police tool, but despite more than a century of use, fingerprinting has never been scientifically validated. This is significant because of the criteria governing the admission of scientific evidence in the US courts. Latent fingerprints, which are collected from crime scenes, have been used as courtroom evidence for decades. ... But there is little certainty that a set of fingerprints can reliably point to the right person, according to the report.
Describe justice and its kinds.
Answer:
Justice is the principle of balancing or reconciling human relations in society in such a way as enables each one to get his due rights, towards and punishments. 8. Justice has several dimensions: Social Justice, Economic Justice, Political Justice and Legal Justice.
The three types of justice are distributive, procedural, and interactional.
I hope it's helpful!
why ethics is a crucial subject that needs to be taken into account?
Answer:
In the illustrating portion underneath the description of the issue is summarized.
Explanation:
Appropriate ethical practice regarding ethics was significant although a multitude of considerations would be taken into consideration. Initially, accountants also have confidential access to important customer records, including certain social security details and documentation or an individual's financial account number.The guilty state of mind required for voluntary manslaughter is that the killing is intentional.
O A True
OB. False
Answer:
Matheson
Explanation:
desemanaeagentevaiter
What more, if anything, must the trial court find in order to sustain the defendant's Sixth Amendment claim
The trial court must find a witness in order to sustain the defendant's Sixth Amendment claim.
Sixth Amendment ClaimThe rights of criminal defendants are guaranteed by the Sixth Amendment, including the right to an impartial jury, the right to an impartial judge, the right to a public trial without undue delay, and the right to know your accusers and the details of the allegations and evidence against you. It has been put to the test most visibly in a number of cases concerning terrorism, but it appears much more frequently in matters requiring, for instance, jury selection or witness protection.The accused has the legal right to a quick and open trial by an impartial jury of the state and district where the offense was committed, such district shall have been determined in advance by law, in all criminal cases.
To learn more about the Sixth Amendment Claim refer to:
https://brainly.com/question/905718
#SPJ4
All of the following would be true about Gerrymandering EXCEPT
a
A Provides an incumbent advantage
Builds public approval of Congress
Answer:
Builds public approval of congress
Answer:
MuRdEr?!??
Explanation:
today this the answer TVT I'm Proud of myself
This law makes it illegal to submit a falsified bill to a government agency and applies to healthcare because medicare is a government agency.
This Federal False Claims Act law makes it illegal to submit a falsified bill to a government agency and applies to healthcare because medicare is a government agency.
The Federal False Claims Prevention Act is the US government's primary anti-fraud measure. This allows whistleblowers to sue individuals or organizations that deceive the government and seek damages and penalties on the government's behalf.
Payment for services not provided or products not provided. Misrepresenting services offered or products offered (improper coding); misrepresenting the nature of a patient's condition (IPPS and OPPS fraud); In short, the False Claims Act makes those who know (or should know) a false claim filed with the federal government liable. An example might be submitting a bill to Medicare for a medical service that you know your doctor doesn't provide.
Learn more about False Claims here: https://brainly.com/question/7343755
#SPJ1
If questioned by the police about a drug dealing ring they are investigating, a defense attorney must tell the police all the
information that his/her client shared during their conversations
true or false
Generally, the legal remedy for breach of contract will be _______ awarded by the court to the nonbreaching party.
Generally, the legal remedy for breach of contract will be money damages awarded by the court to the non-breaching party.
What are money damages?A sort of relief in which money is awarded as recompense for an accident. The amount of money damages, unlike the amount requested in money demand, is not immediately apparent from the circumstances of the case and must be determined by the trier of fact.There are two kinds of damages: compensatory and punitive.What is a legal remedy?A legal remedy, also known as judicial relief or a judicial remedy, is the method by which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate an individual for the harm caused by a wrongful act.Therefore, generally, the legal remedy for breach of contract will be money damages awarded by the court to the non-breaching party.
Know more about money damages here:
https://brainly.com/question/5063656
#SPJ4
James is a taxpayer that files married filing separately. he had a tax liability of $6,700 in the previous tax year. his agi is $85,000 and he knows his tax liability will be more this year and expects to have a balance due. what is the minimum amount of tax james needs to pay to avoid an underpayment penalty in 2020?
For James to avoid an underpayment penalty in 2020, he needs to pay $23,912.50.
What is an underpayment penalty?An underpayment penalty is the IRS fine levied on taxpayers who do not pay enough of their estimated tax liability.
According to the IRS rules, to avoid an underpayment penalty, James must pay either 100% of last year's tax or 90% for 2020.
Data and Calculations:Tax liability from 2019 = $6,700
AGI for the current tax year = $85,000
Taxable income = $76,500 (assumed to be 90% of AGI)
Tax rate = 25%
Tax liability for 2020 = $19,125 ($76,500 x 25%)
Minimum tax to pay to avoid underpayment penalty = $23, 912.50 ($6,700 + $19,125 x 90%)
Thus, for James to avoid an underpayment penalty in 2020, he needs to pay $23,912.50.
Learn more about underpayment penalties at https://brainly.com/question/14328731
#SPJ1
A broker requested that the FREC issue an escrow disbursement order (EDO). Before the EDO was issued, the buyer and the seller settled their dispute over the escrow funds. Within how many business days must the broker notify the FREC that the matter has been settled?
A)
10 days
B)
5 days
C)
15 days
D)
30 days
When is a Medicare Supplement Insurance consumer subject to underwriting and screened for eligibility?
Answer:If you apply for Medigap coverage after your open enrollment period has passed, you may have to go through medical underwriting. The insurer may review your medical history and refuse to sell you a policy, or sell you one at a higher cost, if you do not meet its underwriting requirements.
Explanation:
Why are courts more trustworthy than elected officials ?
Answer:
Basically, courts don't really take advantage of you and actually follow the rules/ laws, meanwhile, elected officials really don't
Explanation:
If James kill ruby and the lawyer lie to the law who is repunseble
Answer:
The lawyer is a trash bec. he is the only one that can keep the evidence and the crime. The lawyer only wants money he didnt want the true investigations...
And btw this app is trash amd the lawyer too
Which Criminal Justice practitioner has the most in fluence over death penalty cases
Answer: The answer is false.
Why do we have a criminal justice system as opposed to a victim justice system? Explain.
The criminal justice system's goals are to defend society, deal with offenders, and rehabilitate criminals.
Why do we have a criminal justice system as opposed to a victim justice system?It accomplishes this by having the culprit be arrested and put on trial for their crimes. If found guilty, they face jail time or additional penalties including fines or community service.
Police-based services offer crucial support to crime victims, such as on-site crisis intervention and arranging for emergency medical care. A victim's short- and long-term rebuilding may also benefit from the information and referrals provided by law enforcement programs to services and resources.
Learn more about criminal justice system here
https://brainly.com/question/7207817
#SPJ1
Promotions that encourage the intemperate consumption of alcohol should be _____ by management.
An form of promotions that encourage the intemperate consumption of alcohol should be stopped by management.
What is an intemperate consumption of alcohol?This refers to the consumption of alcohol in an excessive way that can cause great damage to the person engaged in such reckless and harmful habit.
Despite that promotions are designed to increase brand awareness, create interest, generate sales or create brand loyalty, any form of promotions that encourage the intemperate consumption of alcohol should be stopped by management.
Therefore, the word "stopped" is the correct word.
Read more about intemperate
brainly.com/question/11530556
#SPJ1
How do you drive with CARE?
Drivers ED
Answer:
pay attention to road signs, pedestrians, cyclists, and kids follow the traffic laws and speed limits
Explanation:
Generally, the courts have the power to declare certain types of contracts _______ on the grounds that they are contrary to _______. (Choose two correct answers)
Generally, the courts have the power to declare certain types of contracts void on the grounds that they are contrary to public policy.
Courts commonly follow the law that the parties expressly or impliedly intend to govern the agreement, provided that it bears a reasonable relation to the transaction and the parties acted in correct religion.
The primary factors required for the agreement to be a legally enforceable contract are mutual assent, expressed by a valid offer and popularity; ok attention; capability; and legality. In some states, an element of consideration may be glad by using a valid replacement.
A contract is a venture or agreement by using a person or company to do any creation paintings or activity under certain terms and conditions. these terms are used in conditions of settlement in production.
Learn more about the contract here:https://brainly.com/question/984979
#SPJ4
Explain various situations in which correctional officers are to use force inside a prison. When is force legally accepted? Is it possible for correctional officers to defuse hostility yet uphold rules?
Answer and Explanation:
Correctional officers can use force only when prisoners are threatening their own security, the security of the agent or the safety of other prisoners and officials. However, there are other ways to neutralize hostility, through dialogue and the attempt to resolve dangerous situations in a more peaceful way and without compromising the physical integrity of anyone. In addition, it is important to emphasize that the use of force must be done without causing death or serious injuries.
At common law, if someone solicits, encourages, or commands another to offend, then they are a(n) ________.
Answer:
Accessory someone who gives assistance to the perpetrator of a crime, without directly committing it, sometimes without being present