Some argue that civil plaintiffs have not overall benefited from the replacement of Frye with Daubert/Kumho/Rule 702 in federal court, while others believe that the new standards have improved the quality of expert testimony and the reliability of scientific evidence.
One argument against the new standards is that they place a higher burden on plaintiffs to provide admissible expert testimony, which can make it more difficult for them to prove their case. Under the Frye standard, expert testimony was admissible if it was generally accepted in the relevant scientific community, while under the new standards, the testimony must meet a more rigorous test of reliability and relevance.
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You look at a box of cereal in the grocery store and, to your surprise, see your photo on it. You may probably sue for the tort of:a. assaultb. malicious prosecutionc. invasion of privacyd. defamatione. none of the other choices
If your image was put on a cereal box without your permission, we might have a strong case for invasion of privacy.
A multitude of wrongdoings, such as using someone else's name or likeness for profit, are included in the tort known as invasion of privacy. A person's right to privacy may be violated by unauthorized use of their picture or likeness for commercial gain, which may give rise to a lawsuit for damages.
However, whether you have a good case for invasion of privacy in this situation would rely on a number of things, including the specifics of how your photograph was used, the context where it was used, and if you have previously
Hence, the correct option is C.
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O conveys Whiteacre "to A for life, remainder to the heirs of B" B is alive at grant but dies soon after. C is B's heir. What's C get when A dies?
Conveys Whiteacre "to A for life, remainder to the heirs of B" B is alive at grant but dies soon after. C is B's heir. B has no interest whatsoever at the time of conveyance, but A has a possessory life estate.
A, the life tenant, is still living, hence C will obtain an ownership remainder in fee simple upon B's passing. O's reverting will end once the remainder of C vests. A's vested remainder will turn into a possession fee simple absolute upon A's passing.
A has a possessory life estate and B has no interest at all at the time of conveyance. Due to the lack of descendants for live individuals, C will inherit only as B's heir obvious. O keeps a reversion, therefore for C to be considered B's successor, B must live C.
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What is the population in Canada likely to experience soon?
A) exponential population growth
B) government institution of a population control policy
C) more senior citizens
D) more single males
E) resource depletion and decreased quality of life
The population in Canada is likely to experience more senior citizens in the near future.
This is because the country is experiencing an aging population due to a decrease in birth rates and increased life expectancy. The proportion of senior citizens is expected to increase significantly, which could have implications for healthcare, retirement benefits, and social welfare programs.
However, Canada has a well-established healthcare system and retirement benefits, which can help mitigate the impact of an aging population. On the other hand, resource depletion and decreased quality of life may also be a concern if proper measures are not taken to manage population growth and resource use.
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Under FRE 702, expert must meet five requirements to be admissible:
Under FRE 702, an expert witness must have specialized knowledge, assist the trier of fact, base their testimony on reliable methods and principles, reliably apply those methods, and base their testimony on sufficient facts or data.
Under FRE 702 (Federal Rules of Evidence), an expert witness must meet five requirements to be admissible. These requirements are as follows:
The expert must have specialized knowledge or skill in a relevant field that is based on education, training, or experience.The expert's testimony must assist the trier of fact in understanding the evidence or determining a fact in issue.The expert's testimony must be based on reliable methods and principles.The expert must have reliably applied those methods and principles to the facts of the case.The expert's testimony must be based on sufficient facts or data and must be the product of reliable principles and methods.These requirements ensure that the expert's testimony is relevant, reliable, and helpful to the trier of fact in reaching a just decision.Learn more about Federal Rules of Evidence)
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Suppose that a landlord, L, has a tenant, T, that leases to T1 and included a right of re-entry. What rights does L have over T1 under the privity of estate?
Under the privity of estate, if T1 breaches the terms of the lease agreement with T, L may have the right of re-entry, which would allow L to terminate the lease agreement and regain possession of the property.
A lease agreement is a legal contract between a landlord (lessor) and a tenant (lessee) that sets out the terms and conditions of renting a property. It outlines the responsibilities of both the landlord and the tenant during the lease term.
The right of re-entry is a contractual provision that allows the landlord to terminate the lease and regain possession of the property if the tenant or sub-tenant violates a specific term or condition of the lease agreement.
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The decline in union membership can be attributed to:a. many workers have become disenfranchised with their unions.b. corrupt union leadership.c. union members' perception that cost of membership outweighs the benefits.d. All of these are correct.
Option (d), The disenchantment of many employees with their unions, corrupt union leadership, and the belief among union members that the costs of participation exceed the benefits all contribute to the drop in union membership.
What are the reasons behind the demise of the unions?At its peak in the 1950s, around one-third of private sector employment was unionized; now, that number is barely over 6%. Technical development, company concentration, and globalization are frequently cited as the main causes of weakening union authority and an improvement in employers' bargaining position relative to workers.
How does a union go about representing the interests of each of its members?Collective bargaining is a process wherein employees and employers negotiate contracts to specify terms of employment such as compensation, benefits, working conditions, hours, leave, workplace health and safety standards, ways to balance work and family duties, and more.
What three elements might be the cause of the decline in union membership?Technical development, company concentration, and globalization are frequently cited as the main causes of weakening union authority and an improvement in employers' bargaining position relative to workers.
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The complete question is:
The decline in union membership can be attributed to:
a. many workers have become disenfranchised with their unions.
b. corrupt union leadership.
c. union members' perception that cost of membership outweighs the benefits.
d. All of these are correct.
alice alpha has a long standing grievance against ben beta and had threatened to kill him when alpha saw beta standing on a street corner amidst a crowd of people alpha pulled a gun and fried a shot
In this case, the main crime committed by Alice Alpha is attempted murder.
What crime did Alice Alpha commit?In this scenario, Alice Alpha pulled out a gun and fired a shot at Benjamin Beta with the intention to kill him, which constitutes attempted murder. Although she only grazed Beta's arm and did not succeed in killing him, her intention and action to kill Beta meet the criteria for attempted murder under criminal law.
Additionally, Alice Alpha's actions resulted in the unintended consequence of killing Gerry Gamma, which could also result in charges of involuntary manslaughter or negligent homicide, depending on the specific jurisdiction's laws and the circumstances of the incident.
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The ____ Act made certain anti-union actions by management unfair labor practices.Railway LaborWagnerCivil Service Reform
The Wagner Act made certain anti-union actions by management unfair labour practices to protect workers' rights to form and join unions, engage in collective bargaining, and participate in other union activities.
The correct option is C.
The National Labor Relations Act (NLRA), also known as the Wagner Act, is a federal law that was enacted in 1935. The act created the National Labor Relations Board (NLRB), responsible for enforcing the law and resolving disputes between employers and unions.
The Wagner Act also provides for the right of employees to engage in strikes, picketing, and other forms of collective action, as long as these activities are peaceful and do not involve violence or coercion. Additionally, the act prohibits employers from establishing company unions, which are unions controlled by management and not independent organizations representing the interests of workers.
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When playing soccer, two players go for the ball at the same time. Player A misses the ball and kicks Player B, whose leg is broken. If B sues A for negligence, A's defense will likely be:a. privilegeb. defense of property c. consentd. self-defensee. all of the other choices may be defenses
When playing soccer, the likelihood of players going for the ball at the same time is high. In the scenario presented, Player A misses the ball and ends up kicking Player B, causing a broken leg. If B sues A for negligence, A's defense will likely be the defense of property.
The defense of property is a defense that allows a person to use reasonable force to protect their property from harm or damage. In this case, Player A may argue that he was trying to protect the ball, which is his property. Since he missed the ball and accidentally kicked Player B, he may argue that he did not intend to harm B and did not act negligently.
The other choices of privilege, consent, and self-defense are not applicable in this scenario. Privilege refers to a legal justification for an action that would otherwise be considered illegal, such as using force to defend oneself. Consent refers to a person voluntarily agreeing to a particular action, which is not relevant in this case. Self-defense refers to the use of force to protect oneself from harm, which is not applicable in this scenario.
In conclusion, the defense of property is the most likely defense that Player A would use if sued by Player B for negligence in this scenario.
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When testifying at trial, the witness for the plaintiff will undergo _______ by the plaintiff's attorney, and a(n) _______ by defense counsel
When testifying at trial, the witness for the plaintiff will undergo examination-in-chief by the plaintiff's attorney, and cross-examination by defense counsel.
Examination-in-chief is the initial questioning of a witness by the lawyer who called that witness to testify. During this questioning, the witness provides evidence to support the plaintiff's case.
Cross-examination is the questioning of a witness by the opposing party's lawyer after the witness has completed the examination-in-chief. During cross-examination, the opposing lawyer will ask questions aimed at testing the witness's testimony, challenging the witness's credibility, and undermining the plaintiff's case.
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A criminal case differs from a tort case because:a. in a criminal case the victim does not receive compensationb. in a criminal case the victim is a witnessc. a criminal case is brought against the alleged wrongdoer by the governmentd. all of the specific answer choicese. none of the other specific choices
A criminal case differs from a tort case because: c. a criminal case is brought against the alleged wrongdoer by the government.
A criminal case is different from a tort case in that it is filed by a prosecutor on behalf of state or society and contains accusations of misconduct that are seen as crimes against society as a whole. In a criminal case, suspected offender is accused of a crime and, if proven guilty, might be punished with fines, jail time, or other types of punishment. The victim of the crime may testify in the criminal case, but neither they nor the prosecution are the ones who start it.
A tort case, on the other hand, deals with civil wrongs that hurt a person or piece of property, and it is often brought by the victim against the accused perpetrator. In a tort lawsuit, the plaintiff seeks restitution for losses brought on by the defendant's claimed wrongdoing; the victim is compensated rather than the offender is punished. However, In specific event that the tort action is successful, the victim can be compensated.
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a state attorney general may recover up to how much in damages (civil penalties) resulting from sherman act violations?
O conveys "to A for life, then to such of A's children as survive him, but if none of A's children survives him, to B and her heirs." At the time of the conveyance, A is alive and has two children, C and D. What is the state of the title?
The conveyance of "to A for life, then to such of A's children as survive him, but if none of A's children survives him, to B and her heirs" creates a life estate in A with a contingent remainder in A's children.
The remainder is contingent because it is subject to the condition that A's children must survive A in order to take possession of the property.
At the time of the conveyance, A is alive and has two children, C and D. Therefore, C and D both have a contingent remainder in the property. If A dies and either C or D survives him, that child will take possession of the property. If neither C nor D survives A, the property will pass to B and her heirs.
In summary, A has a life estate, and C and D have a contingent remainder in the property. If neither C nor D survive A, the property will pass to B and her heirs.
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fill in the blank. The Sarbanes-Oxley Act increased the maximum jail sentence for fraudulent reporting to__years.
20
The Sarbanes-Oxley Act, passed in 2002 in response to corporate accounting scandals, increased the maximum jail sentence for fraudulent reporting to 20 years.
The law was named after its sponsors, Senator Paul Sarbanes and Representative Michael Oxley, and aimed to restore public trust in the financial reporting of publicly traded companies. Among its provisions, the act established stricter accounting and auditing standards, required companies to disclose any material financial information, and created the Public Company Accounting Oversight Board to oversee accounting firms. Failure to comply with these regulations can result in severe penalties, including hefty fines and lengthy prison sentences.
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Of the following injuries, which meets the definition of "serious bodily injury" as defined in the Texas Penal Code?
Of the following injuries, the one that meets the definition of "serious bodily injury" as defined in the Texas Penal Code would be an injury that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily organ.
Serious permanent disfigurement such as severe scarring or the loss of a body part. Impairment of the function of any bodily member or organ such as permanent paralysis or loss of vision in an eye.
It's important to note that the determination of whether an injury meets the definition of "serious bodily injury" is a factual determination that is made on a case-by-case basis, taking into account the specific circumstances of the injury.
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TRUE/FALSE. If there is a reference to a third party to determine a dispute, in most cases the decision is binding.
The statement "If there is a reference to a third party to determine a dispute, in most cases the decision is binding" is true because when parties agree to refer a dispute to a third party for resolution, they are essentially entering into a contract with that third party to be bound by their decision.
This is often done through a process called arbitration, where the parties agree to have a neutral third party make a binding decision based on the evidence presented to them.
In some cases, the decision of the third party can be challenged or appealed, but this is usually only allowed in limited circumstances, such as where there was a procedural error or bias on the part of the third party.
Overall, the use of third-party dispute resolution mechanisms can be a useful way for parties to resolve disputes without the need for lengthy and expensive litigation.
However, it is important for parties to carefully consider the terms of any such agreement and ensure that they are comfortable with the potential outcome before agreeing to refer their dispute to a third party.
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The tort of emotional distress protects from conduct that goes beyond the bounds of decency, but not from:a. petty insults b. bad languagec. annoying behaviord. all the other specific choices
The tort of emotional distress is a legal concept that protects individuals from severe emotional harm caused by the conduct of others.
This tort provides legal recourse for individuals who have suffered emotional distress due to conduct that goes beyond the bounds of decency. However, it does not protect individuals from petty insults, bad language, or annoying behavior.
The tort of emotional distress requires that the conduct in question is extreme and outrageous, which means that it must be beyond the realm of what is acceptable in society. This means that mere annoyances or trivial matters will not be sufficient to establish a claim for emotional distress.
To establish a claim for emotional distress, the conduct must be so severe and outrageous that it causes a reasonable person to suffer severe emotional distress.
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A tort is:a. a breach of a duty owed to another that causes harm b. a public lawc. designed to criminally punish wrongdoers d. a wrong defined by Congresse. a legal wrong defined by state legislatures
A tort is a legal wrong defined by state legislatures. It refers to a breach of a duty owed to another that causes harm and is a civil, not criminal matter.
The key element of a tort is that it involves a breach of duty owed to another, which causes harm or damages. Examples of torts include negligence, intentional infliction of emotional distress, defamation, and product liability. Torts differ from criminal law in that they are not punishable by imprisonment, but rather through monetary damages awarded to the injured party.
Torts can be defined by either state legislatures or through common law, which is based on the legal precedents set by previous court cases. Overall, the concept of tort law aims to hold individuals and entities accountable for their actions and provide a means for those who have suffered harm to seek compensation.
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O conveys Blackacre "to the School Board so long as it is used for a school, then to A and her heirs."
Q: Is the interest valid?
O conveys Blackacre to the School Board so long as it is used for a school then to A and her heirs. This violates the Rule Against Perpetuities.
O conveys Blackacre to the School Board so long as it is used for a school executes interest violates the Rule Against Perpetuities. It will not necessarily vest within A's Teome or within 21 years after A's death it may vest and become possessory centuries from now. When an interest vicates the Rule Against Perpetuities it is struck out and the remaining valid interests stand. Take a pencil and line out the void gift, then to A and her hers.
This leaves a fee simple determinable in the School Board Since 0 has not given away as entire test, O has a possibility of reverter.
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Due to criticism that the proximate cause rule is difficult to understand and apply, some states have replaced it with the:a. fault factor testb. considerable factor test c. substantial factor testd. ultimate cause rulee. none of the other choices
Due to criticism that the proximate cause rule is difficult to understand and apply, some states have replaced it with the: c. substantial factor test
A legal theory known as the proximate cause rule in tort law restricts a defendant's culpability to damages that were reasonably foreseeable as a result of their actions or inactions. However, some states have substituted other standards, including the "substantial factor test," in place of the proximate cause rule due to criticism that it can be challenging to grasp and apply in some situations.
In situations when several circumstances contribute to the injury sustained by a plaintiff, the substantial factor test is a criteria used to establish causation. According to this standard, a defendant may be found accountable if their actions had a significant role in the injury, even if other people or things also played a role. This technique is frequently applied in situations involving complicated or many causes, such as those involving hazardous torts, product responsibility, or environmental contamination.
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A statement in the employee handbook that the employee or the employer may terminate the relationship at any time, for any reason, with or without cause or notice is called a/an ____ statement.implied contracttemporary employmentemployment-at-willno-fault-employment
A statement in the employee handbook that the employee or the employer may terminate the relationship at any time, for any reason, with or without cause or notice is called an employment-at-will statement. The correct option is c.
Employment-at-will is a common law doctrine that applies in many states in the United States, including Texas. It means that absent a contract or statutory provision to the contrary, an employer can terminate an employee at any time, for any reason, with or without cause or notice, and an employee can leave their job at any time, for any reason, with or without notice.
The employment-at-will doctrine is often expressed in employee handbooks or other employment policies, and the language described here is a typical example of an employment-at-will statement. Therefore, the correct option is c.
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T devises property "to my grandchildren who reach 21." T leaves two children and three grandchildren under 21.
T devises property "to my grandchildren who reach 21." T leaves two children and three grandchildren under 21. This is valid.
If a person passes away without making a will, or "intestate," then his or her assets will be distributed in accordance with state statutes that are written and explained therein.
The T leaves a will to my grandchildren when they become 21. It is allocated to people above the age of 21 if there are two children and three grandchildren who are under the age of 21. This criterion fulfills the attributes of will-making based on the law.
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The complete question is probably
T devises property "to my grandchildren who reach 21." T leaves two children and three grandchildren under 21. Is this valid?
If OC expert is requiring pre-payment of depo fee, DFC prepays and then sends us the invoice, correct?
Answer:
calculate it by self and know
Answer: There are certain situations where a deposit is required from either buyer or seller. In such cases, you may issue a prepayment invoice, sometimes called a prepaid invoice.
A prepayment invoice is a document used to record advance payments from suppliers or clients. It contains the amount to be prepaid on a sales order and enables you to invoice deposits required from clients or sellers.
Prepayments can be calculated based either on the percentage of the total order or have a fixed amount.
Explanation:
Why does the Party try to isolate citizens from each other?
A. To prevent romantic relationships from occurring
B. To prevent citizens from discussing the Party's policies and rising up against the government
C. To prevent an outbreak of a deadly pandemic
D. To maintain class separation
Answer:
B to prevent citizen from discussing the party policies and rising up against the government
The Party in George Orwell's novel 1984 tries to isolate citizens from each other mainly to prevent them from discussing the Party's policies and rising up against the government. The correct option is B
This is because the Party's ultimate goal is to maintain absolute control over the population and any form of dissent or rebellion is seen as a threat to its power.
Additionally, the Party discourages romantic relationships as they may distract citizens from their loyalty to the Party and potentially create a sense of loyalty towards their partner instead.
Maintaining class separation is also a tactic used by the Party to prevent unity among citizens and maintain the hierarchical structure of society.
The prevention of a deadly pandemic is not a primary reason for the Party's isolation tactics in the novel.
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A major purpose of tort law is to:a. replace the insurance industryb. provide compensation for injured parties by wrongdoers c. impose criminal penalties on the negligentd. ensure Equal Protection of the 14th Amendment is operational e. ensure the effective operation of the Due Process Clause
The major purpose of tort law is to provide compensation for injured parties by wrongdoers. option (b)
Tort law deals with civil wrongs committed by individuals or entities that result in harm or injury to another person or property. The law aims to provide a means of redress for those who have suffered losses due to the actions of others. Tort law is not concerned with criminal penalties, as it is a separate branch of law.
Additionally, while the principles of equal protection and due process are fundamental to the American legal system, they are not the primary focus of tort law.
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Self-defense is a based on the need to allow people who are attacked to take steps to protect themselves. a. proximate causeb. defense c. consent d. privilegee. none of the other choices
Self-defense is considered a legal defense, which means that it allows a person to use force to defend themselves against an imminent threat.
The defense is based on the idea that individuals have the right to protect themselves from harm and that their actions are justified if they are acting in self-defense. In order for self-defense to be a valid defense, the individual must be facing an immediate threat of harm and must use only the amount of force necessary to protect themselves.
This defense is different from "privilege", which refers to a legal exemption from liability, and "consent", which means that a person has given their agreement for an action to take place. "Proximate cause" refers to the event that directly leads to an injury or harm, but is not related to self-defense.
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what is When an Amendment Relates Back.
When an amendment relates back, it means that a revised legal pleading is treated as if it were filed at the same time as the original pleading. This is significant because it affects the statute of limitations and other time-sensitive aspects of a case.
For example, if a plaintiff files a complaint that includes a claim that is later found to be deficient, the plaintiff may seek to leave to amend the complaint to correct the deficiency.
If the court grants the motion to amend and allows the amended complaint to relate back to the original filing date, the plaintiff will avoid being time-barred by the statute of limitations.
The doctrine of relation back is governed by rules of civil procedure and varies by jurisdiction. Generally, an amendment may relate back if it arises from the same transaction or occurrence as the original claim and if the defendant had notice of the claim within the applicable statute of limitations period.
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Check all of the true details about firemen in F451.
In Ray Bradbury's Fahrenheit 451, firemen are responsible for starting fires, rather than putting them out.
The novel F451 is set in a dystopian society where books are banned and burned, and firemen are employed to carry out these burnings. The protagonist, Guy Montag, is a fireman who becomes disillusioned with the society he lives in and begins to question the actions of his fellow firemen.
Firemen in F451 are highly trained and well-organized, with their activities supervised by a central authority. They are equipped with a mechanical hound, a robotic device designed to track down and apprehend anyone who is suspected of having books in their possession. The firemen are seen as loyal servants of the state, but Montag's growing dissent exposes the corruption and oppression at the heart of their regime.
In conclusion, firemen in Fahrenheit 451 are not the traditional heroes we are accustomed to, but rather enforcers of a repressive regime that seeks to suppress free thought and expression. Their actions symbolize the dangers of censorship and the importance of intellectual freedom.
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Assumption of risk is a(n) _____ defense. a. proactiveb. positivec. conciliatory d. affirmativee. none of the other choices
Assumption of risk is a(n) affirmative defense. option (D)
Assumption of risk is an affirmative defense in tort law that can be raised by a defendant to escape liability for injuries suffered by the plaintiff. The defense is based on the idea that the plaintiff knew of the risks involved in an activity and voluntarily assumed those risks, and therefore cannot hold the defendant responsible for any resulting injuries.
To successfully invoke the defense of assumption of risk, the defendant must show that the plaintiff had knowledge of the risks involved in the activity, voluntarily participated in the activity despite the risks and that the plaintiff's injuries were caused by those risks. This defense is often raised in cases involving sports or recreational activities, where participants assume certain inherent risks.
Therefore, option (d) affirmative is the correct choice to describe the assumption of risk as a defense in tort law.
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What is report of traffic accident occurring in California SR 1?
Report of traffic accidents occurring in California SR 1 is California State University Maritime Academy's "SR-1 Form" for reporting traffic accidents on California State highways used to document any property damage, injuries, or fatalities resulting from the accident.
The California DMV requires that the SR-1 Form be submitted within 10 days of the accident. This requirement applies to all accidents on a California State highway, regardless of who is at fault. If the accident involves injury, death, or property damage over $1,000, it must be reported using the SR-1 Form.
The SR-1 Form is typically completed by the driver involved in the accident or by their insurance company. It requires detailed information about the accident, such as the date, time, and location, as well as all parties' names and contact information.
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