Rose is recovering from recent abdominal surgery and is suffering from intense pain. She has an MRI, which shows surgical gauze left in her abdomen. Rose may sue under a. strict liability. b. res ipsa loquitur. c. product liability. d. an intentional tort.
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- Lend Co. discovered that one of its employees, Dana, is an alcoholic. Her manager realized that Dana's alcoholism must be the reason for her absenteeism. To help Dana overcome her alcoholiśm, the employer provided her with counseling services and also asked her to make a firm choice between treatment and discipline. Lend Co. also offered outpatient treatment, and Dana participated in the program without success. When all of these efforts failed, Lend Co. offered to provide inpatient treatment, and Dana refused. Lend Co. fired Dana. According to the courts: O A. Dana has a valid claim under the Americans with Disabilities Act because she willingly participated in the outpatient treatment, even though it did not produce positive results. O B. Lend Co. is not liable under the Americans with Disabilities Act because it offered a reasonable accommodation, and Dana refused. O C. Lend Co, is liable under the Americans with Disabilities Act because it failed to offer Dana time off from…Moises and Rutledge are discussing their views on the law. Moises believes that people should give up some of their rights to the government, but they should be able to retain other inalienable rights. Rutledge believes that the law is a rule of civil conduct prescribed by the supreme power in a state which commands what is right and prohibits what is wrong. Kilroy overhears their conversation and jumps in with his own belief, saying that the law is a social construct that should provide stability. order, and security. He also said that he believes people should relinquish all of their rights to the state. Which philosophers would agree with Moises, Rutledge, and Kilroy, respectively? O Montesquieu, Hobbes, Locke O Blackstone, Hobbes, Montesquieu O Locke, Blackstone, Hobbes O Montesquieu, Blackstone, Hobbes O Locke, Montesquieu, BlackstoneMaranda says that she is fed up with the way a certain employer in Kennesaw treats employees and that she is going to sue that employer in an effort to improve matters. Although she is not a lawyer, Maranda believes that the offenses of the employer are so severe that a court will appreciate her attempt to make things better for the employees involved. Can Maranda act as plaintiff for the employees? Yes, so long as they file no objection Yes, so long as she gets permission slips from them No because venue is lacking No because she lacks standing Yes, so long as she gives any money he receives to them
- Lucy cannot stand the fact that her ex-husband, Ethan, is about to get remarried. After all, it was a horrible breakup, and Ethan was really mean to her. Lucy decides to get her revenge by telling Ethan’s employer that Ethan stole large amounts of money from his previous employer, even though Lucy knows it is not true. If Lucy follows through on her plan, she will have: a) not committed the tort of defamation because the statement would not harm Ethan’s reputation. b) committed the tort of defamation because it is an untrue statement intended to harm Ethan’s reputation, and she stated it to another person. c) not committed the tort of defamation, because she only made the statement to one person.Locate Alberta's Court of Justice Civil Procedure Regulation. Pursuant to Section 3(2)(b) of the Act, a civil claim must clearly state? Answer:in the Escobar case, Universal Health Services, Inc Petitioner v. United States and Massachusetts, es rel. Julio Escobar, April 19, 2016. This unit treated the relators’ allegations in this case as presenting legally false claims. Explain why the relators’ allegations in the case could actually be viewed as presenting factually false claims.
- discuss the concept of the effective assistance of counsel, why the Court looks at the concept of ineffective assistance of counsel, and what the defendant must prove in order for the court to determine if the defendant lacked the effective assistance of counsel.1-5. THE DOCTRINE OF PRECEDENT. Sandra White operated a travel agency. To obtain lower airline fares for her nonmilitary clients, she booked military-rate travel by forwarding fake military identification cards to the airlines. The U.S. government charged White with identity theft, which requires the “use” of another’s identification. As background, the court in the White case had two cases that represented precedents. In the first case, David Miller obtained a loan to buy land by representing that certain investors had approved the loan when, in fact, they had not. Miller’s conviction for identity theft was overturned because he had merely said that the investors had done something when they had not. According to the court, this was not the “use” of another’s identification. In the second case, Kathy Medlock, an ambulance service operator, had transported patients for whom there was no medical necessity to do so. To obtain payment, Medlock had forged a physician’s signature. The court…A property manager tells Marisa, who is Afro- Latina, that no apartments are available in an apartment complex. Marisa wonders if she has been discriminated against on the basis of her race. She asks her partner, who is white, to apply for the unit. Her partner's application is accepted. Marisa decides to file a discrimination complaint with HUD. How long does she have from the time of the violation to file? Marisa has one year to file with HUD. Marisa has six months to file with HUD. Marisa has 90 days to file with HUD. If she also wants to file a civil lawsuit, however, she has two years. Marisa has two years to file with HUD. However, it is unlikely that HUD will take the case since property managers are not covered
- Girly will have the burden of "going forward," meaning that she has to establish the elements of her claim. If she meets the "prima facie claim," then the defendant MMLP will have the burden that the actions taken against Girly were for a legal reason. If MMLP can meet this burden, the burden then shifts back to Girly to prove that the reason MMLP gave is a pretext (or coverup) for discrimination. (See Chapter 21, p.454) 1. Sexual Discrimination: Does Girly have a via claim for intentional sexual discrimination, that is that she is being treated differently based on her gender? Reference specific facts from the case and apply them to the law to reach your final opinion. 2. Sexual Harassment: Does Girly have a viable claim of sexual harassment against MMLP based on "quid pro quo" sexual harassment OR hostile working environment. Both types are discussed in your text.Federal laws such as the Gramm-Leach-Bliley Act and HIPPA, apply to claims handling and to the professional activities of the claims representative. True FalsePost to “The California “Home Protection Bill of Rights” presumes that a person using deadly force on an intruder acted in reasonable fear of death or great bodily harm to himself or herself or a member of the household. Do you agree or disagree with such a presumption? Does the castle doctrine encourage gun ownership?”