A plaintiff properly filed a complaint in federal district court under diversity jurisdiction against an electrician. According to the complaint, the electrician allegedly negligently performed electrical work in a building owned by the plaintiff, which resulted in a fire that caused $150,000 in damages to the building. The electrician served an answer to the complaint. Twelve days later, the electrician filed with the court and served, without leave of the court, a summons and third-party complaint on his partner. The electrician and his partner are citizens of different states. According to this complaint, if the electrician is liable to the plaintiff, the partner is liable to the electrician for half of the damages. The partner has moved to dismiss this claim against him.

How should the court rule?

Answers

Answer 1

Answer:

Allow the claim, because the electrician has timely asserted the claim against his partner, and the court has supplemental jurisdiction.

Explanation:

In the given scenario after the electrician has been served with the complaint, he in turn filed twelve days later with the court and served, without leave of the court, a summons and third-party complaint on his partner.

The electrician and the partner are in different states.

Supplemental jurisdiction gives a federal court the right to hear additional claims related to a case before them. Even though the court would not normally have jurisdiction if the claim were presented independently.

So the court can here the claim even when the partner is from another state. Also the electrician asserted the claim in a timely manner.


Related Questions

Power balance and power struggles between genders​

Answers

Wage gap
Crime
Education

mrdunami ate kenkey and fried fish and pepper describe digestion in processn

Answers

Answer:

Each part of your digestive system helps to move food and liquid through your GI tract, break food and liquid into smaller parts, or both. Once foods are broken into small enough parts, your body can absorb and move the nutrients to where they are needed. Your large intestine absorbs water, and the waste products of digestion become stool. Nerves and hormones help control the digestive process.

Does the Constitution prevent the abuse of power?
I need an essay for these question

Answers

Answer: To prevent concentration of power, the U.S. Constitution divides the central government into three branches and creates a system of checks and balances.

Explanation: Separation of Powers in the Central Government. One important principle embodied in the U.S. Constitution is separation of powers. To prevent concentration of power, the U.S. Constitution divides the central government into three branches and creates a system of checks and balances.

Hope it what you mean by supporting and hope it right

What is accessibility ?

Answers

Answer:

The ability to access a certain thing

Explanation:

Accessibility means that people can do what they need to do in a similar amount of time and effort as someone that does not have a disability

How did the invention of the cotton gin increase the demand for slaves

Answers

Answer:

Cotton exploded in terms of business, calling for more slave labor. Cotton gin reduced the labor that was required of slaves but increased the amount of slaves.

Explanation:

Answer: While it was true that the cotton gin reduced the labor of removing seeds, it did not reduce the need for slaves to grow and pick the cotton. Cotton growing became so profitable for the planters that it greatly increased their demand for both land and slave labor.

Explanation:

Hope it helps

how can discussions projects campaigns and events support victims of human trafficking​

Answers

Answer:Discussion, projects, campaigns and events provide a supportive platform to the victims of human right violations not only by spreading awareness and letting people know about it, but also by giving them a platform to report their grievances and get the support of the common mass

Explanation:

Answer:Discussion, projects, campaigns and events provide a supportive platform to the victims of human right violations not only by spreading awareness and letting people know about it, but also by giving them a platform to report their grievances and get the support of the common mass

Explanation:

Which source is most likely to be impartial

Answers

Answer:

A university study or Educational field source is most likely to be impartial.

Explanation:

Hope it helped you!!

Government data and data collected by individual companies can be partial. So, you may want to use some encyclopaedia like Britannica or Wikipedia. I personally prefer Britannica, as Wikipedia sometimes reflect personal views because anyone can edit it. You can visit some research by universities. I will advise to refer to more than one sources, so you can decide for yourself what to include and what not to include.

Income is a variable often used in business and economics. Income is an example of a variable that uses the ______.

Answers

Answer:

Ratio scale

Explanation:

Ratio Scale

This type of scale measurements usually rates or classifies and ranks variables or scores only on the stand that there is equal intervals and a true zero point. It is often regarded as the highest most precise level of measurement. It is also called a Goniometry measurements on a patient. Examples of the ratio scale of measurement includes wages, weight, distance between branch offices, and height etc. Ratio data gives room for a meaningful ratio comparison.

Income

This is commonly regarded as money received based on work done or through investments that was made.

They are also refered to as payment received in the form of wages, salary, gifts, government payments or investments etc. Income are usually spent on needs or wants and it can also be saved.

The defendant is charged with the battery of a bouncer at a local tavern. At the trial, the prosecutor introduces evidence that while the bouncer was attempting to question the defendant about her intoxicated demeanor, the defendant committed a battery on the bouncer. The defendant attempts to defend against the charge on the basis of self-defense, insisting that the bouncer used excessive force in stopping her from entering the tavern. The defendant attempts to introduce into evidence an authenticated copy of the tavern records that show that three patrons had written complaints against the bouncer within the past six months for the use of excessive force. The prosecutor objects on the grounds that the records are inadmissible character evidence.
Should the court sustain the objection?
A. Yes, because the character of a victim can be established only by reputation or opinion evidence.
B. Yes, because there is no evidence that the incidents involving the three patrons were based on the same facts as the defendant's claim.
C. No, because the records were authenticated.
D. No, because the character trait of a victim may be established by opinion evidence, reputation evidence, or specific acts of misconduct.

Answers

Answer: Yes, because the character of a victim can be established only by reputation or opinion evidence

Explanation:

Character evidence is a testimony that's submitted in order to price that an individual acted in a certain way regarding a particular situation based on the person's character.

Based on the information given in the question, if the prosecutor objects on the grounds that the records are inadmissible character evidence, then the court would sustain the objection because the character of a victim can be established only by reputation or opinion evidence.

Character evidence is typically not admissible especially when it's offered to show that there is conformity of trait of the character.

Therefore, the correct option is A.


b. Why is school regarded as a secondary means of socialization?

Answers

Answer:

Secondary socialization refers to the social learning that children undergo when they enter other social institutions, like school.

Characteristics of the school, teachers, and the peer group all influence the socialization of children within school settings, that's why school regarded as a secondary means of socialization.

Answer:

By educating and modelling socialization to the learners they will learn the meaning of generosity and kindness. They will then be able to go out into society and contribute in a productive, meaning and positive way.

Which of the following issues relates most to foreign policy?

Health care
Jobs
Taxes
Weapons

Answers

Answer:

Weapons

Explanation:

Foreign policy tends to preserve national interests when dealing with other nations. The foreign policies many times involved dealing with weapons. Weapons play a crucial role in leading power over other nations. Foreign policies bring stability in making weapons like nuclear and missiles and protect the countries from possible attacks from other nations.  

Answer:

D. Weapons'

Explanation:

I got it right on the FLVS test! Hope this helps.

what do you mean by Pointing?​

Answers

Answer:

Pointing is a way of filling in the gaps between the bricks or stones on the outside of a building so that the surface becomes sealed

On which concept did the French base their North American empire? A) fur trading B) Bartering C) The fact that they were the largest European population in America. D) The belief that they had the strongest forts.

Answers

Answer:

A) Fur trading

Explanation:

Informed consent in research with homeless youth is:
A. Complicated and should involve parental or guardian consent unless waived by the courts
B. Often carried out with waiver of documentation when risk is no greater than minimal
C. Permitted with signed certificates of confidentiality given to each subject or their legal guardian
D. Allowed only with written parental permission when risk is no greater than minimal

Answers

Answer:

Permitted with signed certificates of confidentiality given to each subject or their legal guardian  ( C )

Explanation:

An informed consent in research is required by law because it has to deal with sensitive issues and participation of minors. The competency of the minor or patient should be considered during an informed consent.

A homeless youth can be said to be fending for himself by himself hence he or she can be considered emancipated so an Informed consent in research with a homeless youth is  Permitted with signed certificates of confidentiality given to each subject or their legal guardian

What led to the Missouri compromise?

Answers

Answer:

In 1820, amid growing sectional tensions over the issue of slavery, the U.S. Congress passed a law that admitted Missouri to the Union as a slave state and Maine as a free state, while banning slavery from the remaining Louisiana Purchase lands located north of the 36º 30' parallel.

Explanation:

The issue of slavery is the answer

Enjoy your week

In your opinion what can be done for nepal to develop make a list of suggestion

Answers

Answer:

1.we should plat trees

2.stop overgrazing

3.make embankments in rivers

4.donot cut trees

Nepal should utilize their available resources properly. It should maintain peace and security in the country. Nepal should try to generate more amount of hydroelectricity from the fast flowing rivers as it has been expected that Nepal can generate upto 83000 megawatt of hydroelectricity. As we know that in Nepal there is a problem of illiteracy,poverty, superstition,unemployment,brain drain,discrimination,traditional thinking, backwardness and many other. Nepal should tackle all those problems and try to solve these all the problems. The leader of Nepal should be sincere and well educated at the same time the citizens of Nepal should be able to choose the best representative because most of leaders of Nepal are involved in corruption. As Nepal is country of natural beauty and lot of tourists used to come from the entire world to see and enjoy the beautiful scenery, historical palaces, religious palaces and many other things. So, Nepal should try to improve in these sectors and also try to develop trade with other countries. Nepal should try more and more to be self dependent and also try as far as possible to more export and less import the product. There are many other things which Nepal can to be developed.

Wanda had been procrastinating on taking her continuing education courses. As the end of the year approached, she saw a course she had taken the previous year was available. Since she had already mastered the information, she decided to take it again. Will this course count towards her continuing education hours for the current year

Answers

Answer:

No,the course will not count towards her continuing education hours

Explanation:

Here is the quiz-let to your entire test

h t t p s : / / q u i z l e t . c o m / 2 6 7 0 3 6  4 9 9 / m o r t g a g e - e x a m - v 2  - f l a s h -  c a r d s /

charity, one of the pillars of Islam, demonstrates muslims

Answers

That’s right, What’s the question though?

A psychology professor decides to play a practical joke on a colleague in the history department. While the historian is giving a lecture on the first day of class, the psychology professor interrupts and asks to speak with her outside the classroom. While they are conversing, all of the students leave through a back door and are replaced with a completely new group of students. Upon returning, the history professor continues her lecture without noticing that the students are different, thus illustrating:

Answers

Answer: change blindness

Explanation:

Change blindness occurs when there's a change in a visual stimulus and the observer isn't aware of the change.

Since the professor wasn't aware that the sets of students in the class gas been replaced by another set of students and continued teaching like nothing happened, then this is a change blindness.

Which of these is distributed by Louisiana’s petrochemical supply?
A. Nylon
B. Chlorine
C. Cotton
D. Fertilizers

Answers

Product that Louisiana’s petrochemical usually distribute as regards this question is B:. Chlorine

Louisiana’s petrochemical can be regarded as  global manufacturer which has six sites in different states, New Orleans to Baton Rouge.

This company produces products such as

chlorineethylenepolyethylene specialty chemicals such as industrial and household goods.

Louisiana Operations that was sited at Plaquemine is regarded as the largest petrochemical facilities in Louisiana and it has More than 150 petrochemical plants

Therefore, option B is correct.

Learn more at:https://brainly.com/question/16397310?referrer=searchResults

In the 15th century china stopped trading with other areas of the world and became isolated.Which of the demonstrates that this action was the result of china's fear of cultural change?

Answers

The available options are:

A. China took this action to control all trade along the Silk Road.

B. China took this action to encourage its citizens to fight again Mongol invaders.

C. China took this action at the demand of Confucian scholars who tired of barbarian contact.

D. China took this action to eliminate the migration of Chinese people to other parts of the world.

Answer:

China took this action at the demand of Confucian scholars who tired of barbarian contact

Explanation:

What demonstrates that china stopped trading with other areas of the world and became isolated due to fear of cultural change is that "China took this action at the demand of Confucian scholars who tired of barbarian contact".

During this period, the Chinese Scholars felt that the people of their outside regions were uncultured and barbaric hence they must stay away from them so they won't affect their unique way of life.

what kind human resource do you want to be future? give reason.

Answers

Answer:

The future of HR will be about delivering three things to the organisation. Efficient and effective human capital processes— streamlining, standardising, and integrating talent management processes across the organisation (recruiting, training, performance management, rewards,

Dr. Franklin wants to study the accuracy of eyewitness testimony. He will tell his subjects that they will take a paper and pencil test and have them sign forms to agree to participate. He will then tell them he left their test papers in his office and will be back in a few minutes with them. While he is away, one of his research assistants will run into the room and steal something from the professor's desk and run back out again. Dr. Franklin will then come back in, hand out the test papers, and ask the participants to describe the suspect in detail. Dr. Franklin will explain what occurred after he collects the participants' papers.

Answers

Answer:

- The proposal is approved, as it meets the ethical guidelines defined by the APA.

Explanation:

As per the given description, the ethics review committee would approve 'the proposal because it follows all the necessary ethical guidelines issued by APA(American Psychological Association).' The researchers formally seek informed consent from the subjects that they are going to participate in specific research. This displays the ethical consideration of the research in order to ensure voluntary participation from the subjects while keeping their safety and dignity as the priorities. Thus, they completely follow the guidelines, and hence, it would be approved.

The Social problem prevalent in nepalese society mustly affect the woman than man. why? suggest major to slove the poblem

Answers

Answer:

because man think women is fool they can't do anything.

Explanation:

study both man and women.

think man and wimen is equall.

help plz???? no wrong answer people​

Answers

Answer:

don't understand questions

Explanation:

calcium-Ca

fluorine-F

aliminium-Al

hydrogen-H

carbon-C

Of the following government types, which two have the most in common?
A.
a democracy and a dictatorship
B.
a republic and a monarchy
C.
a republic and an aristocracy
D.
a monarchy and a dictatorship

Answers

I believe the answer is D. on EGU

The most common from of government is a democracy and a dictatorship.

As to my own part, having turned my thoughts for many years upon this important subject, and maturely weighed the several schemes of other projectors,[6] I have always found them grossly mistaken in their computation. It is true, a child just dropped from its dam[7] may be supported by her milk for a solar year, with little other nourishment; at most not above the value of two shillings, which the mother may certainly get, or the value in scraps, by her lawful occupation of begging; and it is exactly at one year old that I propose to provide for them in such a manner as instead of being a ______________ upon their parents or the parish, or wanting food and raiment for the rest of their lives, they shall on the contrary contribute to the feeding, and partly to the clothing, of many thousands

Answers

Answer:

[...] by her lawful occupation of begging; and it is exactly at one year old that I propose to provide for them in such a manner as instead of being a charge upon their parents or the parish [...]

Explanation:

The text shown above is an excerpt taken from "A Modest Proposal" written by Jonathan Swift. In this text, Swift shows, in a very sarcastic way, a criticism of how Irish high society, the church and the English were treating the situation of the poor in Ireland. To criticize this situation, he suggests that children be used to feed the English, the clergy and the high society. In this way these children would no longer be a cost to their parents and society and would be useful in keeping the individuals who controlled Irish policies well fed.

The word "charge" added to the text is present in the original text and demonstrates the fact that high society, the church and the English see poor children as a burden, a cost and not a responsibility.

How can we increase the HDI rank of Nepal? suggest two measures

Answers

Answer:

Well, the HDI takes 3 aspects into its account i.e. life expectancy at birth, literacy rate and per capita income. We must improve these three areas to directly increase the HDI. For increasing life expectancy, we must improve our health services and overall social health.

Explanation:

Radhe Radhe

Which leaders and groups disagreed about the French Revolution?
a George Washington and the Democratic-Republicans
b Thomas Jefferson and the French revolutionary government
c Alexander Hamilton and the British government
d Alexander Hamilton and the Federalists

Answers

Answer:

a.George Washington and the Democratic-Republicans.

Conference committees are Group of answer choices temporary and are created to take up an issue that falls between the jurisdiction of existing committees, to highlight an issue, or to investigate a particular problem. temporary, involve members from both houses of Congress, and are charged with reaching a compromise on legislation once it has been passed by both the House and the Senate. permanent and have the power to write and propose legislation. permanent and involve members from both the House and the Senate.

Answers

Answer: temporary, involve members from both houses of Congress, and are charged with reaching a compromise on legislation once it has been passed by both the House and the Senate.

Explanation:

Conference committees are temporary panels that are made up of members of both the House and the Senate in an effort to reach a compromise on controversial legislation that passed both houses but having done so with two different versions.

The members of the committees are called conferees and this panel can only be formed when the legislation in question has passed both houses because the legislation would have to be made uniform to avoid confusion in its enforcement.

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