3. Bert purchased Ernie’s car. Before selling the car, Ernie had stated to Bert, “This car runs well and is reliable. Last week I drove the car all the way from Seattle to San Francisco to visit my mother and back again to Seattle.” In fact, Ernie was not telling the truth: he had driven the car to San Francisco to visit his paramour, not his mother. Upon discovery of the truth, may Bert avoid the contract? Why?

Answers

Answer 1

Bert cannot avoid the contract, though the sale and purchase transaction was based on Ernie's misrepresentation, he can, however, sue Ernie for misrepresentation.

What is contract misrepresentation?

Misrepresentation is a false or misleading statement in a contract that induces the contract.

When the aggrieved party discovers the misrepresentation, they can sue the other party for remedies.

What are the types of misrepresentation?

Misrepresentation falls into the following categories:

Fraudulent misrepresentationNegligent misrepresentationInnocent misrepresentation.

What are the remedies for misrepresentation?

For fraudulent and negligent misrepresentations, the aggrieved party can seek rescission or damages as remedies.

Thus, while Bert cannot avoid the contract with Ernie, he can sue Ernie for fraudulent misrepresentation.

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Related Questions

What is the irs underpayment penalty for an overstated charitable contribution deduction taken directly on form 1040?.

Answers

The irs underpayment penalty for an overstated charitable contribution deduction taken directly on form 1040 is 50% of your total deduction amount, up from 20% under prior law. The most difficult penalty provision works in this direction: If the IRS determines that you've overstated charitable tax deductions and underpaid your tax liability, you may be assessed a penalty of 50% of your total deduction amount, up from 20% under prior law.

What leads to the penalty for a substantial understatement?

Substantial Understatement of Income Tax Penalty happens when you project a Section 199A Qualified Business Income Deduction on your tax return, the penalty applies if you understate your tax liability by 5% of the tax required to be shown on your return or $5,000, whichever is higher.

Therefore, the correct answer is as given above

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Which approach to law relies on decisions made by judges in previous cases along with statutes and regulations made by legislatures

Answers

Common law relies on decisions made by judges in previous cases along with statutes and regulations made by legislatures.

What is Common law?

In law, common law is the body of law formed by judges and comparable quasi-judicial tribunals by virtue of being declared in written decisions. It is also known as judicial precedent, judge-made law, or case law. The fact that "common law" emerges as precedent is its distinguishing feature. In circumstances where the parties differ on the law, a common law court looks to previous precedential decisions of competent courts and synthesizes the principles of those previous cases as applicable to the current facts. If a similar matter has already been decided, the court is usually compelled to follow the reasons employed in the earlier ruling (a principle known as stare decisis).

Therefore, common law relies on decisions made by judges in previous cases along with statutes and regulations made by legislatures.

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In the state of Texas at what age is it legal for you to start buying or consuming
alcohol?

Answers

Answer:

21 years old.

Explanation:

In America, the legal age for consuming and drinking alcohol is 21 years old. Texas is a state in America, so the legal age is 21.

Foreign policy, especially such issues as declaring war, is primarily conducted at the – level. The only level of government not mentioned in the constitution is the – level.

Answers

Foreign policy, especially such issues as declaring war, is primarily conducted at the federal level. The only level of government not mentioned in the constitution is the local level.

What exactly is foreign policy?

The methods a state employs to safeguard its national and international interests, as well as how it engages with other states and non-state entities, are referred to as its foreign policy. A nation's national interests must be protected, whether by nonviolent means or aggressive ones, and this is the main goal of foreign policy.

Foreign policy examples

China created the Belt and Road Initiative in 2013, which is the country's plan to forge closer economic relations with North America, Europe, and Africa. Many American presidents are remembered for their significant foreign policy choices, like the Monroe Doctrine, which forbade the imperialist invasion of an independent state.

A foreign policy can also be the choice not to engage in global discussions and organizations, as in North Korea's more isolationist stances.

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——-Heighten aggressive or hostile behavior and distort the drivers decision making process

Answers

Stimulant Heighten aggressive or hostile behavior and distort the drivers decision making process.

What is stimulant?

They are substance consumed by an individual that makes them do thing irrationally.

It gives them additional strength and can raise their nervous activity in the body.

Therefore, Stimulant Heighten aggressive or hostile behavior and distort the drivers decision making process.

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Stimulants heighten aggressive or hostile behavior and distort the drivers decision making process. Option B. Stimulants is the correct answer. Read below about stimulants.

What are stimulants?

Stimulants is an overarching term that covers many drugs including those that increase activity of the central nervous system and the body, drugs that are pleasurable and invigorating, or drugs that have sympathomimetic effects.

Therefore, the correct answer is option B. Stimulants.

The complete question goes thus:

________ heighten aggressive or hostile behavior and distort the driver's decision-making process.

(A) Hallucinogens

(B) Stimulants

(C) Depressants

(D) Narcotics

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Lily and Jayla are residents of New Hampshire. They are involved in a car accident in Maine. Lily suffers serious injuries that result in $100,000 in medical bills. Lily can sue Jayla in
a.
federal court due to diversity jurisdiction.
b.
federal court due to federal question jurisdiction.
c.
an appellate court.
d.
state court.

Answers

Answer:

Explanation:

soorry

Lily and Jayla are residents of New Hampshire. They are involved in a car accident in Maine. Lily suffers serious injuries that result in $100,000 in medical bills. Lily can sue Jayla in federal court due to diversity jurisdiction.

What is federal court?

The hearing of the cases of criminal, civil, and financial scandal matters is referred to as “federal court.” There is only one power, the federal court. Conflict between the two states was settled by the federal court. District courts, circuit courts, and the Supreme Court make up the federal judiciary. The federal court is able to override the constitution.

Lily and Jayla are the residents of the New Hampshire. They are the involved in the car accident in Maine. It was to suffer it was the serious injuries are the result of the $100,000 are the medical bills are the based of the diversity of the jurisdiction. The decision of the federal courts are the main motive of they solve the dispute.

Therefore, option (a) is correct.

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What is the maximum penalty for selling beverages to an intoxicated person alcoholic beverages

Answers

The Liquor manages Act prohibits an alcoholic liquor permittee or their employees from supplying alcohol to intoxicated individuals (CGS § 30-86(b)(1)). Violations are punishable by using as much as $1,000  up to at least one-12 months imprisonment, or, for every offense (CGS § 30-113).

Some commonplace signs and symptoms of intoxication are Loud speech, boasting, crude conduct, consuming on my own, ingesting too fast, slurred speech, ordering doubles, looking for rounds, and stumbling.

Single indicator as a way to particularly become aware of seen intoxication.

1)frequency of drinking.

2)Speech.

3)Incoherent, rambling, and slurring.

4)conduct.

5)impolite, offensive, overly pleasant, annoying, confused, aggressive, violent, and inappropriate.

6)stability.

7)Unsteady on toes, dazzling and swaying.

8)Coordination.

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The Code of Hammurabi is a _______ legal code that dates back to 1754 BC, most of which deals with contract law.

Answers

The Code of Hammurabi is a Babylonian legal code that dates back to 1754 BC, most of which deals with contract law.

The Code of Hammurabi Around 1755–1750 BC, the Babylonians wrote the Code of Hammurabi, a legal code. It is the longest, most well-organized, and most well-preserved legal treatise to have ever existed in the ancient Near East. Hammurabi, the sixth monarch of Babylon's First Dynasty, is credited for writing it in the Old Babylonian dialect of Akkadian.From 1792 until 1750 BC, Hammurapi, the sixth king of Babylon's Amorite First Dynasty, ruled (middle chronology). He used military prowess, diplomacy, and treachery to establish Babylonian domination over the Mesopotamian plain. The local hegemon at the time Hammurabi succeeded his father Sin-Muballit was Rim-Sin of Larsa, and Babylon had little influence in the region. Hammurabi left Rim-organization Sin intact and waited until he was old before advancing to seize his land. Hammurabi later turned on his allies at Eshnunna.

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Which assignment would require you to use domain-specific academic vocabulary from more than one domain?

Answers

Draft a persuasive essay about climate change.

What does domain-specific vocabulary actually mean?

The term "domain-specific vocabulary" describes words that are unique to a certain field of study. This is the precise, subject-specific terminology that permeates all of our lessons. These might be the terms found in our textbook glossaries for math, science, and social studies as well as on our word walls.

Domain-specific terms fall into the third group of the three tiers of vocabulary words, which are words that are not often a part of our vocabulary unless we are conversing or studying a specific subject.

Science-related terms like photosynthesis, hibernation, nocturnality, classification, species, hypothesis, etc. fall under this category.

Domain-specific math vocabulary includes phrases like equivalent, quotient, product, etc. that are quite exact.

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A person who believes an agency has violated his or her userra rights may file a complaint with the veterans employment and training service in the department of.

Answers

A person who believes an agency has violated his or her userra rights may file a complaint with the veterans employment and training service in the department of the Secretary of Labor.

What is the secretary of labor department?

In the United States of America, the secretary of labor is the office that is responsible for the overseeing and the management of all functions that pertains to labor in the country.

This person is one that is also in charge of the laws that are made with respect to labor in the nation.

He has to work closely with unions and other labor parastatals to take care of the issues that have to do with workers and their employees and the relationships in the workplace.

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Can ABC agents arrest an individual for criminal violations of the laws pertaining to alcoholic
beverages?
O a. No, they only investigate civil complaints
O b. No, they must work with local law enforcement to make an arrest
O c. No, they can only issue written warnings
Od. Yes, as they are sworn peace officers
E

Answers

Yes,  ABC agents arrest an individual for criminal violations of the laws pertaining to alcoholic beverages: d. Yes, as they are sworn peace officers.

Who is an ABC agents?

ABC agent are the agents whose role and responsibility is to prevent excessive drinking of alcohol or  the abuse of alcohol beverage.

Hence, option D is correct because ABC Agents are sworn peace officers who help to conduct criminal investigation and to arrest those  who violated alcohol beverage law.

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Why is the Prosecuting Attorney often cited as the most powerful office in the criminal justice system

Answers

The exercise of discretion resides with this office, which is why the prosecutor's position is so powerful. The prosecutor has the authority to charge (or not charge), choose the charge(s), or dismiss the case. In plea negotiations, the prosecutor has the most sway.

Why is the prosecutor's role so very important?

To lessen the severity of a charge in exchange for a guilty plea or other types of cooperation with the prosecution, the prosecutor can propose plea deals. Additionally, he oversees the state's trial and proposes sentences.

What is the most powerful tool in the criminal justice system?

Decision-making freedom is provided through discretion, namely the authority to decide on matters within the bounds of the law. Many people believe that the most effective instrument in the criminal justice system is discretion.

Is the prosecutor more powerful than the judge?

The prosecutor frequently has more control over the punishment a person convicted of a crime receives than the judge who sentences them because the punishment for a crime is mostly dictated by the sentence that lawmakers have defined in the criminal code.

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_______ is the application of law from previous cases to current cases with substantially similar circumstances.

Answers

The answer is…. Precedent.

________ covers the legal principles that apply to government agencies, bureaus, boards, or commissions. Group of answer choices Criminal law Contract law Constitutional law Tort law Administrative law

Answers

The law that covers the legal principles that apply to government agencies, bureaus, boards, or commissions is; Administrative Law

What is the law that governs the principles?

There are different laws for different parastatals and also purposes for different countries.

Now, like we see in the options that there are different laws like Criminal Law, Constitutional Law, Administrative Law, e.t.c.

In this question, the correct answer would be administrative law because it covers the legal principles that apply to government agencies bureaus, boards, or commissions (Part of Public Law).

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Administrative law  covers the legal principles that apply to government agencies

What is an Administrative law ?

An administrative law is a legal framework set out to regulate the functions of the executive and its agencies to prevent the abuse of power by the executive. Also protecting the citizens.

Hence we can conclude that Administrative law covers the legal principles that apply to government agencies

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Tim has recently been laid off from his job. He was the one in his family who took care of health insurance. Which law will help him to continue to provide care for his family?

Answers

Men are pretty gay but yea

Tim can profit from the Consolidated Omnibus Budget Reconciliation Act (COBRA) in the US.

COBRA permits people who have been laid off or encountered specific qualifying occasions to proceed with their health care coverage inclusion, even subsequent to losing their employment. Under COBRA, Tim and his family can select to keep a similar medical coverage plan they had while he was utilized, however presently he should pay the full charge (counting the business' commitment) in addition to a little managerial expense.

COBRA inclusion commonly goes on for a restricted period, for the most part as long as year and a half, giving Tim a chance to track down elective medical coverage choices while keeping up with congruity of care for his loved ones.

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What type of contract did Godfrey form when he put the advert for his lost phone up, and can the young boy enforce this contract against him?

Answers

The advert for Godfrey's lost phone is not a contract but an invitation to treat.

What is a contract?

A contract is an agreement between different parties that is enforceable by law.

For a contract to exist, these elements are required:

Mutual assentValid offer and acceptanceAdequate considerationCapacityLegality.

Thus, the young boy cannot enforce the contract against Godfrey as none was made between him and Godfrey.

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After an outcry, how long do educators have to report the outcry to family services according to texas law?.

Answers

After an outcry, educators are required to report the outcry to family services according to Texas law immediately but not later than 48 hours.

What is an outcry according to Texas law?

An outcry refers to the passage of information by a child or disabled victim of a statutorily- designated offense, like a sexual offense.

Educators are regarded as outcry witnesses.  An outcry witness is legally obligated to report the statutorily-designated offense and may be invited during the trial proceedings to testify.

Under Texas law, an outcry by a child against any form of abuse can be used as sufficient legal evidence to support a criminal conviction of the perpetrator.

Thus, after an outcry, educators are required to report the outcry to family services according to Texas law immediately but not later than 48 hours.

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According to the Statute of Frauds, which of the following need NOT be in writing to be enforceable at law

Answers

Primary obligations are not within the statute of frauds and therefore need not be in writing to be enforceable.

As per the Statute of Frauds, specific sorts of agreements should be recorded as a hard copy to be enforceable at regulation.

In any case, one classification of agreement that need NOT be recorded as a hard copy to be enforceable is the "part performance" exemption. Part execution alludes to circumstances where one party has currently to some degree played out their commitments under an oral agreement.

In such cases, if implementing the agreement would forestall vile improvement or misrepresentation, a court might perceive the agreement's legitimacy, despite the fact that it isn't recorded as a hard copy. Part execution gives a lawful cure in circumstances where one party has depended on the oral understanding and made critical moves in light of it.

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According to lesson 4,5, what are 3 of 4 questions you can ask yourself when assessing your fitness to drive?

Answers

Are you emotionally capable of operating a vehicle at that time?

Are the documents you need to drive legitimate documents?

Do you understand how your automobile works and the applicable traffic laws?

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A few questions are:

Are you emotionally fit enough to drive at that time?

Do you have the proper paperwork you need to drive?

Do you know how your car works and what the rules of the road are?

What is the medical fitness to drive assessment?

Evaluating Fitness to Drive for Commercial and Private Vehicle Drivers describes the applicable national medical criteria that must be followed while conducting the test. It contains the examination proforma and examiner instructions in detail. The Registrar of Motor Vehicles is in charge of granting, renewing, suspending, or cancelling a driving license or an auxiliary certificate. Decisions on granting licenses are made after carefully weighing all pertinent variables, such as an applicant's health and driving prowess.

Criminal Liability & Insurance - Health professionals may be held civilly responsible if a court determines that they failed to take reasonable precautions to guarantee that intoxicated drivers only operate vehicles in situations that do not place them in danger. Health practitioners may be held liable, therefore professional indemnity insurers may fairly expect them to adhere to national medical standards.

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A plaintiff sued a defendant for injuries allegedly suffered when he slipped and fell on the defendant's business property. At trial, without asking that the defendant's property manager be declared a hostile witness, the plaintiff called him solely to establish that the defendant was the owner of the property where the plaintiff fell. On cross-examination of the manager, the defendant's attorney sought to establish that the defendant had taken reasonable precautions to make the property safe for business invitees. Should the defendant's cross-examination of the manager be permitted over the plaintiff's objection?

Answers

In Ability Center, et al. v. Moline Builders, et al., the court issued a decision on August 10, 2020 giving partial summary judgement in favor of the plaintiffs and against the defendants (N.D. Ohio).

The front entrance and the walkway leading to a covered unit must be accessible to people with disabilities under the Fair Housing Act's accessibility standards for newly built multifamily residences.

Defendants contended that their primary responsibility was to create a path for people with disabilities to enter the apartment, which they claimed they had accomplished by constructing a path through the garage.

The front entrances and walkways of covered houses are "public use and common use components," according to the United States' Statement of Interest.

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Local governments in texas, such as cities and counties, derive their authority from which sources?.

Answers

Answer:

mention four benefits the people on earth derive from oceans

2. If you ran the world, which acts that are now legal would you make
criminal? Which criminal acts would you legalize? What would be the
probable consequences of your actions?

Answers

It can enhance social integration and social regulation.  A prohibited act is usually an unlawful physical movement that is expressed in a statute, or a case in jurisdictions that permit common-law crimes. The illegal act must be volunteer and cannot be based solely on the status of the defendant or the defendant's views.

What are some crimes that should be decriminalized?abortiondrug possession, and recreational drug use.euthanasia.gambling.homosexuality.polygamy.

What is an accurate depiction of civil laws?

Civil law is a broad, codified set of legal regulations created by legislators. A civil system absolutely defines the cases that can be brought to court, the procedures for handling claims, and the punishment for an offense.

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State v. Damms

7. What if Damms knew the gun was unloaded? Should he still be guilty of attempted murder? Explain your answer.

Answers

Any attempted murder will most likely be guilty before the law whether the pointed gun is knowingly loaded or not.

What is the case of State v. Damms?

The court rule that since the handgun was empty and unknown by the the assailant who constituted some extraneous factor, this is enough conviction of attempted murder.

Also, majority of opinion hold that a person that points an unloaded gun (pistol) at someone knowing it to be unloaded and pulls the trigger will be found guilty of an attempt to commit murder.

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The specific format, deadlines, and requirements of each pleading are set forth in court rules known as the _______..

Answers

Rules of civil procedure

Justin wants to file a suit against mikayla. for a court to hear the case a. the court must issue a deposition. b. the court must have jurisdiction. c. the parties must own property. d. mikayla must agree.

Answers

Answer: B

Explanation:

Because teens can obtain tobacco illegally, ____ are being removed from unsupervised areas.

Answers

Because teens can obtain tobacco illegally, the cigarette vending machines are being removed from unsupervised areas.

What are the benefits of being tobacco free?

Improves health status and enhances quality of life. Reduces the risk of premature death and can add as much as 10 years to life expectancy. Reduces the risk for many adverse health effects, including poor reproductive health outcomes, cardiovascular diseases, chronic obstructive pulmonary disease (COPD), and cancer.

What is the name of the stimulant found in tobacco leaves?

Nicotine is a stimulant drug that speeds up the messages travelling between the brain and body. It is the main psychoactive ingredient in tobacco products and so this Drug Facts page will focus on the effects of nicotine when consumed by using tobacco.

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The correct answer is Cigarette machines.

Because teens can obtain tobacco illegally, Cigarette machines are now being removed from unsupervised areas.

Why is tobacco harmful? Tobacco can cause problems with immunity as it makes you prone to various infections. The digestive system also faces issues with the use of tobacco. Tobacco can cause addiction and therefore it also affects your sleep schedule and sleep patterns. Another major issue lies with infertility. Use of tobacco can cause erectile dysfunction and many other problems. Tobacco has harmful chemicals in it that can cause blackening of lips, nails and it has harmful effects on the skin. Cancer due to Tobacco abuse is also very common and fatal.

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what are the cons of the national incident-based reporting system? NIBRS

Answers

The inference is that the disadvantage of the NIBRS is that it has limited coverage.

What is  NIBRS?

The National Incident-Based Reporting System brings detailed, incident-based data to the Uniform Crime Reporting program.

It is an incident-based reporting system for crimes known to the police

In this case, the inference is that the disadvantage of the NIBRS is that it has limited coverage.

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If the legislature creates an idea for a law, debates the bill, then allows people to vote on their proposed legislation, its called a ____

Answers

If the legislature creates an idea for a law, debates the bill, then allows people to vote on their proposed legislation, its called an Act.

What is an Act?

An act is a bill that has been decide on by the legislators to be approved.

An act can be a bill that is approved  and it has the potential to becoming a law.

Therefore, An act create an idea for a law, debates the bill, and then allows people to vote on their proposed legislation.

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Includes patents, trademarks, service marks, trade secrets, copyrights, proprietary information and inventions or techniques.

Answers

An asset that includes patents, copyright, service marks, proprietary information, trade secrets and techniques or inventions is known as an intangible asset.

What is Intangible Asset?

An intangible asset is an asset that is purchased by a company and they have a legal right to use it, it have a useful life sometimes there is no defined life.

If the life of an intangible is defined it is amortized over its legal useful life but there is a case that the life of an intangible asset is not defined and determinable it is not amortized instead it is checked for impairment review, such as intangible asset's example is Goodwill.

Goodwill is an intangible asset that is acquired by a company when an acquisition of another company is made. The Goodwill is calculated at the acquisition date and then is reviewed for impairments.

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A license holder is discussing a contract with a client. What should she NOT say?
"From a legal standpoint, I think it's best if you add a contingency here. I'll write one for you”
"Oh, you don't understand that sentence? Let me explain it to you."
"This clause here means that you have to get the seller the earnest money by that date and time”
"You sign right here.”

Answers

A license holder is discussing a contract with a client. she NOT say is A. "From a legal standpoint, I think it's best if you add a contingency here. I'll write one for you”

What are advantages of licensing?

Some of the benefits of licensing include the following.

Income without overhead.Potentially better marketingDiffuse competitions.Risk of IP theft.No proof of revenue.Forced competition.Risk of diminished importance.What are the benefits of being a licensee?

Benefits to the license include:

The license gaining entry to established intellectual property and being able to enter the market more quickly. The license not having to pool help to conduct research and product to develop their own creations or assistance.

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Other Questions
Define each of the following: Management by objectives (MBO Quality circle Sensitivity-training groups (T-groups) Organizational culture Choose a company for which you would like to work or have worked in the past. As a manager which of the above do you believe would be more useful to you in your organization, why? Which of the above would you find least useful?Which of the above are you most/least familiar with? what is the ksp for the following equilibrium if calcium hydroxide has a molar solubility of 0.0111 m? ca(oh)2(s)ca2 (aq) 2oh(aq) Consider the quadratic form Q(x, y, z) = x^2 - 2xy + 4xz + 3y^2 - 6yz - 2z^2 (a) Express Q as the difference of two sums of perfect squares with positive coefficients. (b) Use your answer in (a) to classify the critical point of f(x, y, z) = 12 + x^2 - 2xy + 4xz + 3y^2 - 6yz - 2z^2, at (0, 0, 0)Previous question I need help with this please fast transforming forecasts into plans of activity to satisfy the projected demand is known as In the difficult economic times of 2008, Black families' median net worth, ortotal assets owned minus debts, declined by over 44% compared to that of White families at 26%. TRUE OR FALSE? Arap Moi has always been tolerant of opposition parties? The pressure distribution on the 1-m-diameter circular disk in the figure below is given in the table. Determine the drag on the disk Note. Apply the right endpoint approximation do you believe gandhis system of non violent protest offers a complete answer to politcal problems the length of the path described by the parametric equations x=cos3t and y=sin3t , for 0t2 is given by explain in words why borrowers are better-off when the inflation rate is higher than expected. The key difference between depictive representation and propositional representation is based on which of the following?a. Validityb. Contentc. Longevityd. Neural respons the predominant rhythm in this listening example can most accurately be described as: the integuments of the ovule develop into the _______, and the carpels ultimately become the wall of the _______. The air inside a hot-air balloon has an average temperature of 78.0 C. The outside air has a temperature of 21.8 C. What is the ratio of the density of air in the balloon to the density of air in the surrounding atmosphere? Consider a boundary layer growing along a thin flat plate. This problem involves the following parameters: boundary layer thickness 6. downstream distance x, free-stream velocity V, fluid density p. and fluid viscosity u. The number of expected nondimensional parameters Is of this problem is: Fill in the blank the letter that best matches your solution. a) 5 b) 4 c) 3 d) 2 e) 1 f) None of the above What does ""non-updatable"" mean with regard to the definition of a data warehouse? Determine the probability of event E if the odds for (i.e., in favor of) E are 14 to 5. Note:For any final answer that has up to four decimal places, enter your answer without rounding the number. For any answers with more than four decimal values, round your final answer to four decimal places. a patient presents to the ed with weakness on the left side and aphasia. tests are ordered and the patient is admitted with a cerebrovascular accident (cva). what icd-10-cm code(s) is/are reported? Monster.com's products and services strategy around the globe is best described as which of the following?