A homeowner sued a contractor in federal court for damages resulting from an unsuccessful roof repair. However, the homeowner failed to attend status conferences and failed generally to prosecute the action. As a result, the court dismissed the case with prejudice for want of prosecution. The homeowner then filed her complaint in a different federal court. In his answer the contractor asserts the affirmative defense of claim preclusion. Should the court dismiss the case

Answers

Answer 1

Answer: No, because a dismissal based on lack of personal jurisdiction is not on the merits.

Explanation:

Following the information given in the question, it should be noted that the case should not be dismissed by the court due to the fact that the dismissal is based on the lack of personal jurisdiction.

It should be noted that the claim preclusion should be added to the answer of the defendant as it's an affirmative defense and it requires more than the claimant bringing a case against the same defendant.


Related Questions

Tori files a suit against the state of Utah, claiming that a Utah state law violates the commerce clause. The court will agree if the statute impinges on citizens' private activities. imposes a substantial burden on interstate commerce. imposes a substantial burden on the state. promotes the public order, health, safety, morals, or general welfare.

Answers

Answer: imposes a substantial burden on interstate commerce.

Explanation:

The Commerce Clause simply gives power to the Congress to regulate both interstate and foreign commerce.

Since Tori files a suit against the state of Utah, claiming that a Utah state law violates the commerce clause, then the court will agree in a situation whereby the statute imposes a substantial burden on interstate commerce.

A safe following distance for a car is?
Group of answer choices

1 car length for every 10 m.p.h

1 car length at any speed

1 second for every 10 m.p.h

two seconds under good conditions

Answers

1 car length every 10 mph.

A safe following distance for a car is 1 car length for every 10 m.p.h. Distance is the sum of an object's movements, regardless of direction. Thus, option A is correct.

Distance may be defined as the amount of space an item has covered, regardless of its beginning or finishing position. Distance is the separation of two objects. It also serves as a gauge for the distance between two objects. Any path may be used to measure it.

Therefore, even if his location has not changed, a person who circles about has moved a certain distance. While distance and displacement appear to have the same meaning, they really have quite different definitions and implications. While displacement refers to the measurement of "how far out of place an object is," distance is the term for "how much ground an object has covered during its motion."

Therefore, option A is the ideal selection.

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Aggressive Driving is someone that is controlled by their emotions.
Group of answer choices

True

False

Answers

Answer:

False.

Explanation:

Aggressive Driving is not someone that is controlled by their emotions. That would be driving with no regard for the safety of others. Someone who is completely controlled by their emotions is either lacking in self-control or has a disorder such as personality disorder.

I hope this is of help to you

I think it would be false

3. V o F. Justificar.
a) El ser humano existe.
b) La verdadera libertad es hacer lo que quiero sin importar las consecuencias, soy libre!
c) Las áreas de la persona son cuerpo, mente y lo biológico. v
d) Las tres dimensiones de la persona están en constante interrelación

Answers

Answer: C

Explanation: Las áreas de la persona sin cuerpo mente y lo biológico

Mr krabs went to the store

Answers

Answer:

yes he did

Explanation:

maybe

Answer:

and got money

Explanation:

Can someone answer this pls
Select the correct answer.
Anya believes that a strong federal government is important to protect the environment and the rights of minorities. She also supports some government regulation of the economy. Which political party is the most closely aligned with Anya's beliefs?
A.
the Democratic Party
B.
The Libertarian Party
C.
the Constitution Party
D.
the Republican Party

Answers

A. The Democratic Party

The Democratic Party:

- believes that the government should protect the environment

- supports increased domestic renewable energy development

- strives for equality of opportunity for all Americans

- more willing to intervene in the economy (i.e., regulate businesses)

Is modern family a funny show, i fink i like it duh no though. I like the luke. He hits thoughs. BUT IS IT funny friends not so. Thanks

Answers

Explanation:

Modern family komik bir şov mu, sanırım hoşuma gidiyor ama hayır. luke'u severim. Yine de vuruyor. AMA komik arkadaşlar öyle değil. Teşekkürler

Answer:

it was ok

Explanation:

i rate it 8/10

*and ya i also agree it was not funny*

It's impossible to pick out a drunk driver until it is too late.
A. True
B. False

Answers

I think it’s false. I may be wrong though.

While in a department store, a man picked up a sweater and slipped it under his shirt. The man then started for the door. A woman, who also was shopping in the store, saw the man take the sweater. The woman grabbed a baseball bat from the sporting goods aisle and chased the man into the parking lot. The woman began swinging the bat at the man's head, hoping to knock him out and thus prevent the theft. The man pulled a knife from his pocket and stabbed the woman, killing her. The man was arrested and charged with murder. At trial, will the man most likely be found guilty

Answers

Answer:

D). No, because the man was acting in self-defense.

Explanation:

In the given situation, the man would not be considered guilty of murdering the woman and this is because the action took place when was defending himself from the attacks made by that woman on him. However, the man was attempting to steal the sweater at the store yet the deadly attack made by the woman on his head with the baseball bat cannot be justified in any case. Her act would be categorized under 'dangerous felony' and therefore, the use of a knife by the man was enforced on him to save himself. Hence, the action was in 'self-defense' and he will not be punished for it as it was the woman who initiated the physical violence and harm and he just reacted. Thus, option D is the correct answer.

observe a farming system in your neighbourhood and write short notes on it.​

Answers

Answer:

Observing farming activities around this neighborhood are poor and traditional type of farming because it is rural based.

Explanation:

Farming system around this neighborhood is traditional where there's a use of cow and donkeys. People tend to practice mono culture which decrease soil fertility

how did john get the alcohol

Answers

Answer:

Get first aid advice about alcohol poisoning. Learn about what alcohol positioning is,

A patient properly filed a medical malpractice claim against a doctor in federal district court. The complaint simply asserted negligence as the grounds for relief without any facts supporting the claim. The doctor filed a pretrial motion for a more definite statement, which the court denied. Immediately thereafter, and without submitting an answer, the doctor filed a motion to dismiss, asserting that the court lacked personal jurisdiction. Will the court grant this motion to dismiss

Answers

Answer:

No. The Plaintiff should re-file with more substantiating evidence.

Four common types of distractions are
A. food, drink, interesting topics, and loud noises
B. teenagers, vehicles, construction, and stop lights
C. tech, personal, passenger, and emotional
D. food, tech, passenger, and emotional

Answers

Answer:

A. All these are sources of distractions. A delicious food, a tasty drink, an engrossing topics and noise pollution

the answer is a, all of them are distractions

Which of the following would an accused be automatically tried by jury?
a) Disturbing the peace
b) Murder charges
c) Drug possession charges
d) Assault and battery charges
e)Trespassing charges

Answers

B.. murder...

family want answers, why, how...

motive...

xbfrnd, spouse, b...

consider defense........

How a bill becomes Law in Canada?

Answers

Answer:

they go through the canadian government

Explanation:

To become law, a bill must first be introduced in either the Senate or the House of Commons. It must then pass through various stages in each House: first, second and third reading. Then it must receive Royal Assent.

A 15-year-old sophomore high school student became pregnant, and the school board required her to attend a special program for pregnant students instead of her regular classes. The girl did not want to attend a special program; rather, she wanted to attend her regular classes. She sued the school district in federal district court, demanding that she be allowed to attend her regular classes. Before her case came to trial, the girl gave birth to the child. Subsequently, the district reinstated her in her regular classes. When her suit comes before the federal district court, what should the court do

Answers

Answer:

No case; she gave birth and made the case moot.

Can someone help me with this word search?

Answers

Where is the list of all words

How are the majority of felony charges are handled?

Answers

The majority of felony charges are plea bargained into a guilty plea either lowering the charge or minimizing the penalty. It is impossible to have a trial in every case. The system would come to a halt if plea bargaining did not exist.

In the United States, felonies are typically offenses that carry a maximum sentence of more than one year in prison. Even if the offender is given a sentence of less than a year in jail, the crime is still regarded as a felony. Felony prisoners are typically housed in state prisons.

What type of felony occurs most often?

According to some estimates, drug misuse offenses account for around 2,000,000 felonies annually, making them the most prevalent felony charges in recent years. Property crimes including car theft, burglaries, larceny, arson, and theft are also included. As long as the case's statute of limitations is active, a felony charge may remain active.

A felony charge may remain active for the duration of the applicable statute of limitations. For instance, if the felony has a statute of limitations of five years, the charges are still pending for that amount of time. For felonies, the statute of limitations is three years at the very least.

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1. If your vehicle breaks down while moving, pull off the road as far as
ten feet
the shoulder
the ditch
possible

Answers

I would say possible. That is the best answer.
i think as far as possible is the best answer

hope this helps ! :)

A three-car accident occurred in a city in the Northern District of State A. The cars were driven by a citizen of State B who resides in the Southern District of State B, a citizen of State A who resides in the Southern District of State A, and a citizen of State C who resides in the Northern District of State C. The State B citizen filed a negligence action against the other two drivers in the United States District Court for the Southern District of State A. Although the two defendants believed that venue was improper, neither filed a pre-answer motion objecting to venue. They instead proceeded to file their answers, responding to the merits of the claim. The State C defendant, however, included in her answer a motion to dismiss the action for improper venue. How should the court rule on the State C defendant's motion to dismiss for imprope

Answers

Answer:

The motion should be granted, given that a defendant can raise objections to venue in their answer, where the Rule 12(b) pre-answer motion is not asserted by the defendant and that the venue is improper, given that the Southern District of State A is not the location of any of the events for which the claim is being made, and that one of the defendant is not a resident of State A

Explanation:

Which type of laws are passed by Congress and affect all states?
federal laws
or
state laws

Answers

Answer:

Federal laws are bills that have passed both houses of Congress, been signed by the president, passed over the president's veto, or allowed to become law without the president's signature. Individual laws, also called acts, are arranged by subject in the United States Code. Regulations are rules made by executive departments and agencies, and are arranged by subject in the Code of Federal Regulations.

Explanation:

hope it will help you Mark Me as brilliant

Federal laws. They are arranged by subject in the United States Code.

can my sister enroll me in school without custody in Florida?

Answers

No not directly but you can use the 1302 form to still enroll if not .


Effective and thorough traffic safety education involves
family, community, industry, government, and personal
factors such as motivation, and perceptive abilities.

Answers

Answer:

maturity.

Explanation:

Traffic safety education can be defined as a form of road safety education that comprises both an informal and formal education that is typically focused on teaching, enhancing and improving the attitude, skills, knowledge, understanding, values, and insight of a road user such as pedestrians, drivers, motorcyclists, cyclists, etc.

Basically, traffic safety education are necessary and essential for safe traffic procedures, participation and commitments by road users and commuters.

Hence, an effective and thorough traffic safety education involves an active participation by family, community, industry, government, and personal factors such as motivation, maturity, and perceptive abilities.

mention a short description of make an observation , ask a question , do a background resaerch related to scientific learning .​

Answers

Answer:

Explanation:

Israeli lawyer Moshe Strugano (Attorney - Moshe Strugano and Co Law firm),  an expert in the “formation of offshore companies" says,   observation refers to something, which we have learned by watching or checking out something and continuously thinking about it. When a person is making an observation, he is simply making a comment about something or someone, generally depends on someone's behaviour.

tatiana tarasoff was killed by prosenjit poddar, a graduate student at the university of california. tatiant's parents sued; the case was heard by the supreme court of california. the tarasoff case is important because

Answers

Answer:

esp

Explanation:

How are criminal cases different from civil cases?
A. Criminal cases use reasonable doubt as the burden of proof.
B. Criminal cases always give a judge the power to make the ruling.
C. Criminal cases include both opening and closing statements.
D. Criminal cases deal with both torts and breach of contract laws. ​

Answers

Answer:

d or b is answer but i am confuse

Which federal agency enforces regulations for product advertising and labeling?

Office of the Comptroller of the Currency
Federal Deposit Insurance Corporation
Securities and Exchange Commission
Bureau of Consumer Protection

Answers

The federal agency that enforces regulations for product advertising and labeling is known as Bureau of Consumer Protection

What is a Federal Agency?

This refers to the organization which is set up by the federal government to carry out a set of specific tasks.

Hence, we can note that the federal agency which enforces regulations for product advertising and labeling in America is the Bureau of Consumer Protection and they work very closely with quality control agencies.

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Answer:Bureau of Consumer Protection

Explanation:

bvcv

HELP ASAP
Offender: Johnny Theft
Crime: Burglary by breaking into 3 homes and stealing numerous items such as gaming systems, flat-screen TVs, and gold jewelry.


Create a scenario that applies 1 of the crime theories discussed in the session.


Include reasons for explaining why the crime was committed based on your theory. Provide details in 3-4 sentences.

Answers

I am no lawyer my guy my fault g

What are the Bill of Rights made up of?

Answers

Answer:

Answer to the following question is as follows;

Explanation:

The Us Bill of Rights, influenced by Jefferson and authored by James Madison, was accepted, and the first 10 constitutional amendments entered law in 1791.

The first ten amendments of the United States Constitution are known as the Bill of Rights. It outlines the rights of Americans in regard to their government. Individual ’s dignity rights and freedoms, such as freedom of expression, press, and religion, are guaranteed.

How can people ensure that governments do not restrict their rights and freedoms?

Answers

Answer:

Some ways people can ensure that their rights are not restricted by the government include;

1. Active participation in political activities such as voting.

2. Preventing the formation of a one-party system.

3. Defending institutions like the courts against governmental intimidation.

4. Peaceful protests when their rights are breached.

5. Holding lawmakers, and representatives accountable when important decisions are to be made.

6. Patriotism and incorruptibleness in their individual positions.

Explanation:

Some governments that were instituted for the people turn against their citizens and restrict their rights. There are several ways in which citizens can prevent the government from restricting their rights. Some of them include;

1. Active participation in political activities: This will make the will of the people to be reflected in the daily activities of the government.

2. Preventing the formation of a one-party system: Most tyrannical governments begin by silencing the voice of their opposition thus making them the only existing and controlling party.

3. Defending institutions like the courts: Tyrannical governments sometimes intimidate or bribe judges to execute their will. The judges and citizens must resist all such efforts.

4. Peaceful protests: When their rights are breached, citizens should use legal measures or peaceful protests to register their displeasure.

5. Holding representatives accountable: When lawmakers pass bills that are not suitable for the people, their ward members should resist such moves.

6. Patriotism and incorruptibleness: Tyrannical governments thrive in corrupt societies. Citizens must be patriotic and incorruptible at every level that they find themselves.

Other Questions
3. When Wassily Leontief tested the predictions of the Heckscher-Ohlin theory, he found that in 1947 the United States was exporting relatively labor-intensive goods and importing relatively capital-intensive goods. This finding: A. Contradicted the Heckscher-Ohlin theory as the United States was relatively capital-abundant. B. Contradicted the Heckscher-Ohlin theory as the United States was relatively labor-abundant. C. Was never duplicated by other studies and has thus been labeled a paradox. D. Fit the predictions of the Heckscher-Ohlin theory concerning the trading patterns of a capital-abundant country. True or False? Oklahoma has experienced a significant growth in the number of seismic events even though it is not close to any sizable earthquake fault zones, leading scientists and policy makers to conclude that the earthquakes are due fracking. True or false Which word MOST affects the tone of this sentence?A slender woman walked into the room wearing a pink dress and a gaudy hat.A- roomB- gaudyC- womanD- slender Mr. Mancuso plants tomatoes on 1/3 acre of land, corn on 3/4 acre, and carrots on 1/2 acre. On how many acres of land total did he plant?1 acres1 acres1 acres2 acres What are the x-coordinates of the solutions to this system of equations? x2 + y2 = 100 y = x + 2 2. En una divisin el dividendo es 445, el divisor es 32, el cociente es 14 y el resto es 7. Est bien hecha? Comprubalo de dos maneras diferentes The difference between a pH of 5 and a pH of 8 isGroup of answer choicesA) 3xB) 30xC) 100xD) 1,000x Data concerning Farm Corporation's single product appear below: Selling price per unit $ 170.00 Variable expense per unit $ 66.30 Fixed expense per month $ 127,490 The break-even in monthly dollar sales is closest to: What was prohibited by the 18th Amendment?A.the production, sale, and transportation of liquorB.the sale and transportation of slavesC.the production, sale, and transportation of gunsD.the sale and transportation of drugs Given f(x) = 6x + 2, find f(x 3).A. f(x 3) = 6x 1B. f(x 3) = 6x 16C. f(x - 3) = x - 1D. f(x 3) = 6x2 16x - 6 how were the arts used to support the french revolution ? PLSS HELP ASAP In the Native American version of Cinderella, how does the main character differ from her sisters? Why is she rewarded by Strong Wind while they are not?She is the prettiest.She has suffered the most.She is more honest.She risks her life many times. A bullet weighing 0.08 lb is fired with a horizontal velocity of 1800 ft/s into the lower end of a slender 23-lb bar of length L = 30 in. Knowing that h = 12 in. and that the bar is initially at rest. Determine the angular velocity of the bar immediately after the bullet becomes embedded. Lines c and d are parallel lines cut by transversal p.Horizontal and parallel lines c and d are cut by transversal p. On line c where it intersects with line p, 4 angles are formed. Clockwise, from uppercase left, the angles are: 1, 2, 3, 4. On line d where it intersects with line p, 4 angles are formed. Clockwise, from uppercase left, the angles are: 5, 6, 7, 8.Which must be true by the corresponding angles theorem?A. 1 7B. 2 6C. 3 5D. 5 7 4. Zach is a high school football player. He took a hard blow to the left flank and has a large bruise. He came into the ER with a suspected acute kidney injury. What signs and symptoms would you expect to see Concern for the environment among consumers causes consumers to substitute away from traditional autos to electric-powered autos.Equilibrium quantity: Increases / DecreasesEquilibrium price: Increases / Decreases What is the range of the function find the mean of the following,-6,-10,-4,8,9,-2,5,6. I cannot understand the instructions. they ''re....spanish ? please help, its urgent !