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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Defenses to intentional torts are:a. useless to defendants in negligence tortsb. not available to defendants in negligence torts c. also available to defendants in negligence tortsd. rarely available to defendants in negligence torts e. none of the other choices
Defenses to intentional torts are also available to defendants in negligence torts. The correct answer is (c). Defenses to intentional torts can also be used as defenses in negligence torts.
These defenses include consent, self-defense, defense of others, defense of property, and necessity. Consent is when the plaintiff gave permission for the defendant's actions. Self-defense is when the defendant acted to protect themselves from harm.
Defense of others is when the defendant acted to protect someone else from harm. Defense of property is when the defendant acted to protect their property. Necessity is when the defendant acted in a way that was necessary to prevent harm from occurring.
These defenses can be used in both intentional torts and negligence torts, as they apply to situations where the defendant had a valid reason for their actions.
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In an intentional tort action, motive is the act. a. legally indistinct fromb. legally distinct fromc. indistinguishable from d. a key component ofe. none of the other choices
In an intentional tort action, motive is legally distinct from the act itself. This means that the intention or motive behind an act may not necessarily determine its legal consequences.
For example, if someone punches another person with the intention of causing harm, they may be held liable for an intentional tort such as battery. However, if they accidentally bump into someone and cause injury, their motive may not be relevant in determining their legal liability.
In intentional torts, the key component is the intent to cause harm or offense, not the underlying motive for the act. Therefore, while motive may be relevant in some cases, it is not legally indistinguishable from the act and is not a determinative factor in intentional tort actions.
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According to "Nonalignment as a Foreign Policy Strategy: Dead or Alive," in addition to political independence and economic equality, nonaligned states historically have sought to protect their:
Nonalignment as a foreign policy strategy historically sought to protect the sovereignty, territorial integrity, and national independence of states in the international system.
This included protecting the right of nonaligned states to choose their own economic and social systems, free from interference or pressure from external powers. In particular, nonalignment sought to protect states from outside attempts to control their political systems or to impose certain economic models.
Nonalignment was also seen as a way to ensure that states could make decisions about their security without being overly influenced by the major powers or by the blocs of the Cold War. Nonalignment meant that states could choose their allies on an ad hoc basis, and not be dragged into alliances that went against their own interests or values.
In this way, nonalignment was seen as a way to protect the autonomy of states and their right to pursue their own interests in the international system.
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give a brief overview of constitutional reform in 2005 and its affect on the judicial system
The Constitutional Reform Act of 2005 was a major reform of the United Kingdom's constitutional arrangements. The Act abolished the office of Lord Chancellor as head of the judiciary and replaced it with a new Supreme Court, which became the highest court of appeal in the country.
The Act also established the Judicial Appointments Commission, an independent body responsible for selecting judges based on merit. This was intended to increase the diversity of the judiciary and reduce political influence in the selection process. The creation of the Supreme Court was seen as a particularly significant step, as it signalled a move away from the old tradition of having the highest court located within the House of Lords.
The constitutional reform of 2005 profoundly affected the judicial system, as it represented a significant shift in the balance of power between the different branches of government. It increased the judiciary's independence and strengthened the UK's rule of law.
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The Omnibus Budget Reconciliation Act (OBRA) of 1990, led to most states requiring:
The Omnibus Budget Reconciliation Act (OBRA) of 1990 was a landmark piece of legislation that had a profound impact on the way states deliver healthcare services.
The act established a number of requirements for states in order to receive federal funding. Most notably, the act mandated that states establish a Medicaid fraud control unit, which is responsible for detecting and preventing fraud in the Medicaid system.
Additionally, the act required states to develop and implement quality assurance and utilization review programs for Medicaid services. Furthermore, OBRA established a National Practitioner Data Bank to track malpractice settlements and disciplinary actions taken against healthcare providers, in order to protect patients from negligent practitioners.
As a result of the OBRA, states are now required to meet a host of federal standards in order to ensure the safety, quality, and efficiency of healthcare services across the country.
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In the U.S., how long are employers required to maintain their employees' medical records?
Under federal law, employers are required to maintain their employees' medical records for at least 30 years after the employee's employment ends.
However, state laws may require employers to keep medical records for a longer period of time. It is important for employers to comply with both federal and state laws regarding the maintenance and confidentiality of medical records. Failure to do so can result in legal consequences and penalties.
Additionally, employers must ensure that their employees' medical records are securely stored and protected from unauthorized access. Overall, maintaining employees' medical records is a crucial responsibility for employers to ensure the health and safety of their workforce.
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If you pass a working emergency vehicle stopped on the side of a freeway, you are to ____1) Change lanes away from the emergency vehicle when practical.2) Slow down and proceed with extreme caution
If you pass a working emergency vehicle stopped on the side of a freeway, you are generally required to do both of the following:
Change lanes away from the emergency vehicle when it is practical. This means moving your vehicle to the lane furthest from the emergency vehicle, if there is one, to provide a buffer zone between your vehicle and the emergency vehicle. This is intended to protect the emergency responders and give them room to work safely.If changing lanes is impractical or there is only one lane, slow down and proceed cautiously. This means driving at a safe and appropriate speed for the conditions, keeping a safe distance from the emergency vehicle and its crew, and being alert and prepared to stop if necessary.It's important to note that the specific rules and requirements for passing emergency vehicles can vary by jurisdiction, so it's a good idea to familiarize yourself with the laws and regulations in your area. However, in general, the goal is to ensure the safety of emergency responders and other drivers on the road and to help prevent accidents and injuries.
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In Daubert, a court deciding whether to admit expert scientific testimony must first determine whether the expert is proposing to testify to
The expert is proposing to testify to scientific knowledge that is based on valid reasoning or methodology, and whether that testimony can be applied to the facts of the case.
In Daubert v. Merrell Dow Pharmaceuticals, Inc., the U.S. Supreme Court held that a court deciding whether to admit expert scientific testimony must first determine whether the expert is proposing to testify to scientific knowledge that is based on valid reasoning or methodology and whether that testimony can be applied to the facts of the case.
This standard is known as the Daubert standard. It requires that the expert's testimony be based on scientific methodology that has been tested and subject to peer review and that the testimony is relevant and reliable in relation to the facts of the case. The purpose of the Daubert standard is to ensure that scientific evidence presented in court is based on sound science and is relevant and reliable to the case at hand.
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TRUE/FALSE. To initiate a lawsuit, both parties must appear in person and state their claims and defenses in court
FALSE, To initiate a lawsuit, one party (the plaintiff) must file a complaint with the court, which outlines their claims against the other party (the defendant).
The defendant is then served with the complaint and has the opportunity to file a response (answer) admitting or denying the allegations. The parties may also engage in discovery, which involves exchanging information and evidence related to the case.
However, not all cases require a court appearance. In some cases, the parties may be able to settle out of court through negotiation or mediation. If the case does go to trial, the parties may appear in court to present their evidence and arguments, but this is not always required. Some cases can be decided based solely on the written submissions of the parties.
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A panel of neutral third parties has been brought in to decide an impasse over pay and scheduling be-tween the firefighters and the city.This is called ________ arbitration. a.grievance b.interest c.mandated d.rights
A panel of neutral third parties brought in to decide an impasse over pay and scheduling between the firefighters and the city is called interest arbitration because it focuses on resolving disagreements over the terms and conditions of employment.
The correct option is B.
Interest arbitration is a dispute resolution process in which a neutral third party or panel is brought in to resolve a disagreement between labour and management over the terms and conditions of employment. In interest arbitration, the arbitrator or panel is tasked with considering the interests of both parties and coming up with a fair and equitable decision.
In the case of the firefighters and the city, the interest arbitration would be focused on resolving the disagreement over pay and scheduling. The neutral third party or panel would review the positions of both sides, consider the relevant facts and evidence, and make a decision binding on both parties.
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To be liable for an intentional tort, the defendant must have:a. acted voluntarilyb. acted unknowingly c. acted quicklyd. acted in an informed mannere. acted as a reasonable person would under the same circumstances
To be liable for an intentional tort, the defendant must have acted voluntarily. The defendant intentionally caused harm to another person and knew the consequences of their actions, which is necessary to prove liability.
In the context of an intentional tort, acting voluntarily means that the defendant made a conscious decision to perform an action that resulted in harm to another person. This is different from acting unknowingly, which implies that the defendant was unaware of the consequences of their actions.
Acting quickly, in an informed manner, or as a reasonable person would under the same circumstances are not the primary factors in determining liability for an intentional tort.
In order for a defendant to be held liable for an intentional tort, there must be proof that they had the intent to cause harm or knew that their actions would likely result in harm.
This requires demonstrating that the defendant knew their actions were wrongful and chose to proceed with them anyway. Additionally, the plaintiff must show that the defendant's voluntary actions directly caused the harm they experienced.
In summary, for a defendant to be liable for an intentional tort, they must have acted voluntarily, meaning they made a conscious decision to engage in actions that resulted in harm to another person.
The defendant's knowledge of the potential harm and the direct link between their actions and the plaintiff's harm are essential factors in establishing liability.
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trur/false. Given the wide range of personal protective equipment, work practice controls and containment equipment, Principal Investigators or Institution's never have to exclude or prohibit anyone from an experiment.
FALSE
Despite the availability of personal protective equipment, work practice controls, and containment equipment, there may be situations where Principal Investigators or Institutions need to exclude or prohibit someone from an experiment. The statement is FALSE.
This could be due to various reasons such as the individual's health status, lack of training, or inability to follow safety protocols. For instance, if an individual has a medical condition that may put them at risk of exposure to hazardous materials or infectious agents, it may not be safe for them to participate in an experiment even with the use of personal protective equipment. Similarly, if an individual has not received proper training on the safe handling of hazardous materials or equipment, they may not be allowed to participate in an experiment.
In such cases, it is the responsibility of the Principal Investigators or Institutions to prioritize safety and ensure that all individuals involved in an experiment are qualified and capable of following safety protocols.
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When parking near a curb while facing uphill, you should turn your (front) wheels _____.
When parking near a curb while facing uphill and there is a curb, you should turn your front wheels away from the curb and towards the road. This is because it will help prevent the car from rolling back down the hill.
The correct answer is away from the curb and towards the road.
Turning your wheels this way creates a wedge that will prevent your car from rolling back down the hill if the brakes fail. If the car starts to roll, the curb will stop the rear wheels from rolling, while the front wheels will roll away from the curb and towards the road.
The angled wheels will help the car to move away from the curb, giving it enough space to turn and correct itself, thus preventing the car from rolling back down the hill. It's also essential to engage the handbrake when parking on a hill, regardless of whether your wheels are turned.
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Conduct is likely to be held to be negligent if:a. it results in misappropriationb. it creates an unreasonable risk of harm to othersc. it results in profits for a business at the expense of its employees d. it creates incentives for people to harm others' propertye. none of the other choices
Conduct is likely to be held to be negligent "if it creates an unreasonable risk of harm to others". So, the correct answer choice is (b).
Negligence is a legal concept that refers to the failure to exercise the level of care that a reasonable person would have exercised under similar circumstances, resulting in harm or injury to another person or their property.
Conduct that creates an unreasonable risk of harm to others is considered negligent because it falls below the standard of care that a reasonable person would have exercised in the same situation. The other options may also be examples of wrongful conduct, but they do not necessarily meet the definition of negligence.
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Briggs doesn't think the police really investigated the crime
A tort is NOT:a. a civil wrong, other than a breach of contractb. a breach of duty owned to another that causes harm c. a criminal actd. conduct that unreasonably interferes with the interests of another e. none of the other choices
A tort is not a criminal act. So, as per the mentioned informations, the correct answer choice is option (c).
A tort is a civil wrong that is committed against another person, but it is not a criminal act. Criminal acts are those that are prohibited by law and are punishable by the government, whereas torts are wrongs that are committed against individuals and can be remedied through civil legal action. The other options are all correct descriptions of torts.
While criminal acts are prosecuted by the government and can result in punishment such as imprisonment, fines, or probation, torts are pursued by individuals or entities seeking compensation for damages or harm suffered as a result of the wrongful conduct of another party.
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explain the role judges have 'decide sentencing in criminal cases'
Judges play a very important role in deciding the sentencing in criminal cases. Sentencing is a key part of the criminal justice process, as it is the judge’s decision that determines the punishment for the guilty party.
The judge must consider a variety of factors when determining the sentence, including the severity of the crime, the defendant’s criminal history, and the impact the crime has had on the victim and their family.
The judge must also consider mitigating factors in the defendant’s favor, such as any evidence that suggests that the crime was committed in a moment of temporary insanity or under duress. Judges must also take into consideration any applicable sentencing guidelines or laws, as well as the defendant’s age and mental state.
The judge must then make a decision that is fair and just to both the victim and the defendant. Ultimately, it is the judge’s decision that will determine the sentence, and will have a lasting impact on the defendant’s life.
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What if in the same situation, T1 signed the lease second, but showed up and took possession first, while T2 signed first and showed up second. Who gets what?
In the situation where T1 signed the lease second but took possession of the property first, and T2 signed the lease first but showed up second, the question of who gets what depends on the terms of the lease agreement.
A lease agreement is a legally binding contract between a landlord and tenant that outlines the terms and conditions for renting a property. It sets out the rights and responsibilities of both parties during the lease period.
Lease agreements are designed to protect both the landlord and tenant's interests and provide a clear framework for the rental relationship.
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what is Amendments During and After Trial, For Issues Tried by Consent.
Amendments during and after trial for issues tried by consent refer to the process by which a party to a lawsuit seeks to amend or add new claims or defenses to a pleading after the close of evidence, based on issues that were tried by consent of the parties.
In some cases, the parties may agree to try a particular issue or claim, even if it was not specifically raised in the pleadings. This can happen through informal discussions or in pre-trial conferences. If the parties agree to try an issue, it is considered to have been tried by consent.
If, during or after trial, a party wishes to amend their pleading to include additional claims or defenses related to an issue that was tried by consent, they may be able to do so with the court's permission.
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Voluntary participation in a contact sport is an example of:a. consent in participation b. consent to risk takingc. consent in batteryd. all of the other specific choicese. none of the other specific choices
When an individual voluntarily participates in a contact sport, they are aware of the potential risks involved, such as injuries and physical harm. By participating, they are consenting to the inherent risks associated with the activity.
This type of consent is different from consent in battery, which refers to non-consensual physical contact, and consent in participation, which is a broader term that encompasses activities beyond just contact sports.
While there may be other specific choices related to consent, such as informed consent in medical procedures, voluntary participation in a contact sport specifically falls under consent to risk taking. It is important for individuals to fully understand the risks involved before participating in any activity, and to provide their consent to those risks.
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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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U-turns are prohibited1) on On-way streets.2) where you do not have an unobstructed view of the roadway for at least 200 feet in both directions3) in front of fire stations
U-turns are prohibited on one-way streets, where there is an obstructed view of the roadway for at least 200 feet in both directions and in front of fire stations to ensure safety and efficient traffic flow. Therefore, all the options are correct.
Firstly, U-turns are not allowed on one-way streets. Performing a U-turn on a one-way street would cause you to go against the direction of traffic, increasing the risk of collisions and disrupting the flow of traffic.
Secondly, U-turns are prohibited where you do not have an unobstructed view of the roadway for at least 200 feet in both directions. This rule is in place because it is crucial to see oncoming traffic before making a U-turn. If your view is obstructed, you may not see approaching vehicles, pedestrians, or cyclists, leading to a potential accident.
Lastly, U-turns are not permitted in front of fire stations. Fire stations require unobstructed access to the road for emergency vehicles to quickly respond to calls. Performing a U-turn in front of a fire station could impede emergency vehicles from exiting the station, causing delays in response time and potentially putting lives at risk.
In summary, U-turns are prohibited on one-way streets, where there is an obstructed view of the roadway for at least 200 feet in both directions, and in front of fire stations to ensure safety and efficient traffic flow.
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Late one night a deputy sheriff catches Bill and Rudy stealing Javier's cattle. When apprehended, the two had successfully loaded six calves into a trailer. The fair market value of the calves is $200 each. The most serious offense Bill and Rudy may be charged with is:
Bill and Rudy could be charged with the crime of grand larceny or grand theft, which is the unlawful taking of property that is valued above a certain amount, typically set by state law.
The value of the six calves at $200 each gives a total value of $1,200, which exceeds the threshold for grand larceny in most states.
The specific charge and degree of the offense will depend on the laws of the state where the crime occurred and the circumstances of the theft. However, based on the information given, it appears that Bill and Rudy could be charged with a felony offense of grand larceny or grand theft.
It should be noted that additional charges, such as burglary or criminal trespass, may also be applicable depending on the circumstances of how Bill and Rudy gained access to Javier's property and committed the theft.
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T/F Gatekeeping under Daubert/Kumho/Rule 702 requires that the trial court find the presence of sufficient assurances of the correctness of the explanative theory as actually applied to the facts, data, or opinions sufficiently established to exist.
According to Daubert/Kumho/Rule 702, gatekeeping demands that the trial court determine whether there are enough guarantees that the explanative theory is accurate when it is really applied to the facts, information, or opinions that are adequately proven to exist. True
Gatekeeping refers to the process by which trial courts evaluate the admissibility of expert testimony under the Daubert standard, which was established by the US Supreme Court in 1993, and subsequently expanded by Kumho Tire Co. v. Carmichael in 1999. The standard requires that trial courts act as "gatekeepers" and ensure that expert testimony is both relevant and reliable.
To meet the reliability requirement, the trial court must determine whether the expert's testimony is based on a scientifically valid theory or technique and whether it has been properly applied to the facts of the case. This requires the court to evaluate the underlying methodology, principles, and techniques used by the expert, as well as the data and facts on which they relied in forming their opinion.
The court must determine whether there are sufficient "assurances of the correctness of the explanative theory as actually applied to the facts, data, or opinions sufficiently established to exist." This means that the court must evaluate whether the expert's testimony is based on sound scientific methodology and principles, whether their techniques have been properly applied, and whether their opinions are based on reliable data and facts.
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during which step of the dfeh complaint process does the dfeh explore options to resolve a complaint after a violation of the law has been found?
Conciliation. The DFEH will attempt to address your complaint during conciliation by coming to a consensual settlement agreement with the employer. (This is exactly what happens once the EEOC determines Reasonable Cause in the EEOC complaint process.)
The CRD receives more complaints about workplace discrimination and harassment than any other issue, despite the California Labor Commissioner's Office hearing most disputes involving pay and hour claims. The FEHA forbids harassing a potential employee, employee, applicant, unpaid intern or volunteer, or contractor because of a protected class. All workplaces, even those with fewer than five employees, are prohibited from engaging in harassment.
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T devises property "to A for life, and on A's death to A's children for their lives, and upon the death of A and A's children, to ["B's children then living"]." A and B survive T. A has one child, X, who also survives T.
T devises property "To A for life, and on A's death to A's children for their lives, and upon the death of A and A's children, to B's children A and B Survive T. A has one child X, who also survives T. The contingent remainder in "B's children then living" is void.
The contingent remainder in "B's children then living" is void because the vesting event is for a child of B to be living at the death of the longest-lived of A's children. The interest will remain contingent until the end of the lives of all of A's children; only then would we be able to identify which of B's children, if any, can vest.
A's current children are not validating lives. Because A is living at the time of the conveyance, A's children may not all have been born yet; conceivably the current children could die, a new child might be born to A, and this child's interest could vest or fail more than 21 years after the death of all of A's current children.
B is not a validating life, because A's children could live more than 21 years after B's death. B's current children are not validating lives, because they could die, and B might give birth to new children whose interest could vest more than 21 years after the death of the current children. Since we cannot find a validating life, the interest is void.
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The question is incomplete, but the full question probably was:
T devises property "To A for life, and on A's death to A's children for their lives, and upon the death of A and A's children, to B's children
A and B Survive T. A has one child X, who also survives T.
Is the devise of the remainder in fee simple valid or void under Rules Against Perpertutites if the follow words are interested in the bracket?
One winter night, Pierre, a homeless person, climbs through the open window of a closed business in order to get out of the cold. He is discovered the next morning asleep on the floor of the storage room. Pierre has committed:
Pierre has committed the crime of criminal trespass.
Criminal trespass occurs when a person enters or remains on property without the owner's consent, and either knows that they do not have the owner's consent or recklessly disregards the fact that they do not have the owner's consent.
In this case, Pierre entered the closed business through an open window without the owner's consent and remained there without permission. Although Pierre may have entered the property with the intention of seeking shelter from the cold, he still committed criminal trespass by entering the property without permission.
In most cases, criminal trespass is considered a misdemeanor offense and can result in fines and/or imprisonment.
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T/F An expert for the defendant but not the prosecution may testify as to whether the accused lacked the capacity to have a premeditated intent to commit a homicide.
True, an expert witness for the defendant but not the prosecution may testify as to whether the accused lacked the capacity to have a premeditated intent to commit a homicide.
In criminal cases, expert witnesses may be called by either the prosecution or the defense to provide specialized knowledge or opinions to assist the fact-finder (judge or jury) in making a decision. If the defense intends to argue that the accused lacked the capacity to form the specific intent required for the charged offense, such as premeditated intent to commit homicide, an expert witness may be called to provide testimony on the accused's mental state or capacity at the time of the offense. However, the admissibility of such testimony and the weight it is given by the fact-finder will depend on the specific circumstances of the case and the applicable rules of evidence.
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Contact that does not cause actual physical harm, but offends a reasonable person's sense of dignity could be a tort of:a. negligence b. fraudc. malicious prosecution d. batterye. assault
The tort that would apply to contact that does not cause actual physical harm, but offends a reasonable person's sense of dignity is e) assault.
Assault is the intentional act that causes the victim to fear that they will be physically harmed, even if the physical harm does not actually occur. The key element of an assault is the apprehension of harm, not the actual harm itself.
Therefore, assault applies to situations where the victim feels threatened, insulted, or humiliated, even if they are not physically harmed. Negligence and fraud involve different elements and do not apply in this scenario. Malicious prosecution and battery involve actual physical harm, which is not present in this situation.
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The term res ipsa loquitur means:a. an event was the cause in factb. an event was the proximate cause of an injury c. the thing speaks to the courtd. the thing speaks for itself e. none of the other choices
The term res ipsa loquitur means "the thing speaks for itself" in Latin. It is a legal doctrine that allows for the inference of negligence based on the circumstances of an accident or injury. (d) the thing speaks for itself.
In other words, if an accident or injury occurs under circumstances that would not normally occur in the absence of negligence, then the doctrine of res ipsa loquitur allows the plaintiff to argue that negligence is the most likely cause of the accident or injury. So the correct answer is (d) the thing speaks for itself.
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