A spectator at a professional hockey game was injured when an errant hockey puck flew over the glass boards and struck him in the head, causing permanent eye damage. The spectator brought an action for negligence against the facility owner in federal district court under diversity. By statute, the state in which the federal court is located allows the use of assumption of the risk as a defense when a spectator is injured at a sporting event. Although no valid federal statute or rule governs this issue, federal courts have generally not permitted facility owners to raise an assumption of the risk defense, to encourage facility owners to take more stringent precautions regarding spectator safety. The federal court opted to apply federal common law to resolve the issue, and the resolution was in the spectator's favor. However, a different outcome would have occurred if the district court had applied state law.

Was the court's application of federal common law proper?

Answers

Answer 1

Answer:

No, because a different outcome would have occurred if state law was applied.

Explanation:

Assumption of the risk defense is a law of torts that bars or reduces the plaintiff's right to make a recovery in cases where negligence occurred. The defendant should be able to demonstrate that the plaintiff voluntarily and knowing accepted the risk of participating in an activity.

In the given scenario the spectator is the plaintiff and if the assumption of risk defence is used he will not be able to get a ruling in his favour.

The state allows assumption of risk defence which would have resulted in a ruling in favour of the facility owners.

However the federal court did not allow this defence and ruled in favour of the spectator.

The application of the federal common law was not proper as a different outcome would have occurred if state law was applied.


Related Questions

A housecleaning agency was given a key to a customer's house so that the agency could have its employees clean while the homeowner was away. After a maid sent by the agency had finished and left the homeowner's house, she went back because she had forgotten her cigarettes. She neglected to lock the door when she left the second time because she was already late for the next job. When the homeowner returned after a few days away, she discovered that her house had been ransacked and several items of jewelry stolen. The front door was open, and there were no signs of forced entry.
If the homeowner brings an action against the agency that employed the maid, what is the likely result?
A. She will not prevail, because she is limited to claims for breach of contract based on her agreement with the agency.
B. She will not prevail, because the act of the burglar was an independent superseding cause of the homeowner's loss.
C. She will prevail, because the maid's failure to lock the door created the risk that someone might enter and take the homeowner's valuables.
D. She will prevail, because when the maid returned after having completed her work, she was technically a trespasser, making the agency vicariously liable for any damage she caused to the premises.

Answers

Answer:

C. She will prevail, because the maid's failure to lock the door created the risk that someone might enter and take the homeowner's valuables.

Explanation:

The owner of this house would win this case given that the the house cleaners negligence was what exposed her home to criminal activity. Such criminal acts can be foreseen. An open door increases the risk of theft. By not locking the door, the maid was negligent and she caused the theft to happen. This makes the agency liable for the maids negligence since they happen to be her employer

Though under siege for almost 900 days, the people of Leningrad held out against the German forces. Please select the best answer from the choices provided T F

Answers

Answer:

Its true that the Russians did hold out for 900 days

Explanation:

https://www.history.com/this-day-in-history/siege-of-leningrad-begins

What are the three contributing factors that led to human trafficking ?​

Answers

Mass displacement, conflict & extreme poverty

A farmer contracted to sell 100,000 bushels of wheat to a buyer. When the wheat arrived at the destination, the buyer discovered that the farmer had delivered only 96,000 bushels. The buyer sued the farmer for breach of contract. At the trial of the case, the court found that the written contract was intended as a complete and exclusive statement of the terms of the agreement. The farmer offered to prove that in the wheat business, a promise to deliver a specified quantity is considered to be satisfied if the delivered quantity is within 5% of the specified quantity. The buyer objected to the offered evidence. Is the court likely to admit the evidence offered by the farmer?
Answers:
A. No, because the offered evidence is inconsistent with the express language of the agreement.
B. No, because the written contract was totally integrated.
C. Yes, because the offered evidence demonstrates that the farmer substantially performed the contract.
D. Yes, because the offered evidence explains or supplements the agreement by usage of trade.

Answers

Answer:

B. No, because the written contract was totally integrated.

Explanation:

5% of the order i.e  100,000 = 0.05 * 100,000 = 5,000 bushels

Now as per the contract order will be considered delivered if the delivered quantity is within 5% of the specified quantity.

This condition is fulfilled by the farmer but this is not correct and hence court will consider it as incorrect

Which tribe lived in log cabins in Northern Florida?

Inuit
Iroquois
Pueblo
Seminole

Answers

Answer:

Iroquois

Explanation:

Emotions are defined as Question 20 options: feelings that are not directed toward anything in particular. physiological, behavioral, and psychological episodes experienced toward an object, person, or event that create a state of readiness. our judgments about what is right or wrong. the cluster of beliefs, assessed feelings, and behavioral intentions toward a person, object, or event which is called an attitude object.

Answers

Answer:

The correct answer is ''physiological, behavioral, and psychological episodes experienced toward an object, person, or event that create a state of readiness.''

Explanation:

Emotions are a set of physiological, cognitive and motor changes that arise from the conscious or unconscious assessment of a stimulus, in a given context and in relation to the objectives of an individual at a specific moment in his life. This feeling is physically expressed through some physiological function such as changes in breathing, sweating or heart rate, and includes some behavioral reactions such as relaxation, well-being, anxiety, among others.

Which of the following situations is an example of voting fraud?
A.
A citizen must pay a large tax before voting.
B.
A citizen is fired from his or her job for voting.
C.
A citizen impersonates others in order to vote multiple times.
D.
A citizen must pass a reading test before voting

Answers

Answer:

CCCCCCCCCCCCCCCCC

Explanation:

Answer:

It was C

Explanation:

Give the other person brainliest because they got me 100% on my test not lying its true if the answer doesnt work for you im sorry but good luck

How did the romans invent the Latin alphabet?

Answers

By inventing it..................

An example or standard set up for society to follow is called a

Answers

A standards organization, standards body, standards developing organization ( SDO), or standards setting organization ...

HELP PLEASE
why is it important for economies to invest in education and training in order to develop new technologies

Answers

It’s important for economies to invest in education and training of their people in order to develop new technologies because, when more people are becoming educated there are also going to be more advancements in that society.
A country's economy becomes more productive as the proportion of educated workers increases since educated workers can more efficiently carry out tasks that require literacy and critical thinking. In this sense, education is an investment in human capital, similar to an investment in better equipment. :)

Which of the following best defines nobles? *

1.people from rich and powerful families
2.powerful artists of the kingdom
3.powerful farmers of the kingdom
4.people from neighboring countries

Answers

1 I’m pretty sure hope this helps

Which of the following best defines nobles? *

[tex]\circ \: \: { \underline{ \boxed{ \sf{ \color{green}{Answer.}}}}}∘[/tex]

People from rich and powerful families. ✔

[tex]\bold{ \green{ \star{ \orange{Mystique35}}}}⋆[/tex]

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

could someone type me a paragraph about how the spread of christianity affected today's society

i'd rly appreciate anyone's help, thanks in advance!​

Answers

Answer:

Christianity has been intricately intertwined with the history and formation of Western society. Throughout its long history, the Church has been a major source of social services like schooling and medical care; an inspiration for art, culture and philosophy; and an influential player in politics and religion. Some historians of science, have argued that the Church had a significant, positive influence on the development of science. Some of the Church's priests have contributed to science. In various ways the Church has sought to affect Western attitudes to vice and virtue in diverse fields.

Explanation:

credits to Wikipedia for the information

CAGIGISO Very short answer questions. 1. How do you define human development? ​

Answers

Answer:

the changes in there body and the things newly do

(HeLp hOomAnZ i iZ neEdS uR HelPinG :V)

What compromise was made by the South in 1790 that changed the location of the nation’s capital?


a. The North would allow the federal government to collect taxes.

b. The national capital would later be moved north to Philadelphia.

c. The North would repay its own war debt.

d. The South agreed the federal government would take over the war debt owed by the states.

Answers

Answer:

its c or d

Explain

Thomas Jeffereson and southern states who wanted the capital placed  in a location friednly to slave holding agricultural interests AND Alexander Hamilton and northern states wanted the new federal government to assume revolutionary war debts

Make from memory the major features of society. ​

Answers

Answer:

1. Likeness

Likeness of members in a social group is the primary basis of their mutuality. May be in the beginning assumed or real common lineage, tribal affinity, family benefit or the compactness due to a common to time inculcated between and among the members in the group the feeling of likeness. Likeness means mutuality, and that means Society.

2. The Reciprocal Awareness

Likeness is generative of reciprocity. Once some are aware of the mutual likeness, they, certainly differentiate against those who are not like them. The problem of likes and dislikes was concomitant to the social growth. Consciousness of this kind, alone could make sense of likeness. All social action is based on reciprocal response. This alone, makes possible, the we-feeling.

3. Differences

Sense of likeness in not always sufficient. It alone is not adequate for social organisation. This does not exclude diversity or variation. The social structure of humanity is based on the family which rests upon the biological differences between the sexes, viz, men and women. The economic structure of society is based upon division of labour in which the professions and economic activities of people are different or dissimilar. The culture of society prospers with the differences in thoughts ideals, viewpoints, etc. No two individuals are alike in their nature.

They differ from each other in respect of their interests, capacities, abilities and tendencies etc. These differences do not imply mutual conflict; instead; by it the organisation of society is further strengthened. A 100 percent organised society is not possible.

4. Interdependence

Society implies interdependence. It is another essential element to constitute society. It is not possible for human being to satisfy his desire in isolation.

He cannot live alone. He needs the help of others for his survival. Society fulfills all the needs of the people. For example, the institution of family rests on the biological interdependence of sexes. None of the two sexes is complete by itself and, therefore, each seeks fulfillment by the aid of the other. This fact of interdependence is very much visible in the present day society. Today not only countries but also continents depend upon one another. Likewise, communities, social groups and nations are also interdependent.

5. Cooperation

Cooperation is also another essential element to constitute society. Without cooperation, no society can exist. If the members of the society do not work together for the common purposes, they cannot lead a happy and comfortable life. Cooperation avoids mutual destructiveness and results in economy. In the words of P. Gisbert, “Cooperation is the most elementary process of social life without which society is impossible.”

For want of cooperation, the entire fabric of society may collapse. It is the very basis of social life. C.H. Cooley has rightly remarked, “Cooperation-arises when men realise that they have common interests. So great is the realisation of the necessity of cooperation on the part of every society, Kropotkin says, it is difficult to survive without it.

This line graph shows statistics related to agriculture in China.
What information does the y-axis provide?
A: how much grain was produced
B: how many workers produced the grain
C: the period of time this information was gathered
D: the countries where this information was gathered

IM BEING TIMED PLEASE HELP

Answers

Answer:

A: how much grain was produced

Explanation:

The Y axis of a graph is represented by the line that is vertical. In the graph shown in the figure above, the Y axis is the one with the title "Millions of Tons."

The title of the graph shows that the graph seeks to present grain production in China. So, if the Y axis represents the millions of tons produced over the years, we can see that the Y axis refers to the amount of grain produced in China, in different years, so the answer to your question is the letter A.

Why is it important to vote? Give two (2) reasons.

Answers

Answer:

it's important to vote to keep democracy in tact. it is also important to vote to represent your community and values.

Answer:

Voting is an opportunity for change.

Voting gives you that chance! Support the candidates and ballot measures that can help your community, state, and even the nation for the greater good. Make your voice heard in these elections.

Not voting is giving up your voice

Elections are decided by the people who go out and vote. Take some time and learn about the measures and the candidates. If you don’t vote, someone else will make the decision for you. Your power is in your vote.

(ख) कस्तो ज्ञान पक्का हुन्छ ?​

Answers

Answer:

मनले सिकेको ज्ञान पक्का हुन्छ ।

आशा छ मेरो उत्तर ले हजुर लाई मद्दत मिल्ने छ ।

The two types of county governments allowed in Washington are

home rule and strong mayor.
weak mayor and city council.
commission and home rule.
council-manager and home rule.

Answers

Answer:

commission and home rule

what is a moderm please elaborate ​

Answers

Answer: A modulator-demodulator, or simply a modem, is a hardware device that converts data from a digital format, intended for communication directly between devices with specialized wiring, into one suitable for a transmission medium such as telephone lines or radio

Explanation: is this what you’re talking about? If not the please clarify for me so I can give u the correct answer.

Answer:

A modulator-demodulator, or simply a modem, is a hardware device that converts data from a digital format, intended for communication directly between devices with specialized wiring, into one suitable for a transmission medium such as telephone lines or radio.

The halo effect is the tendency to believe that physically attractive people have a host of other positive qualities, such as a high level of intelligence or a good personality. When asked to guess what the halo effect is before learning about it, many mistakenly assume that the reverse is true (that attractive people are seen as less smart or less kind). Once they learn about the effect, however, many say that it is no surprise and that they knew it all along. This reflects

Answers

Answer:

the hindsight bias.

Explanation:

From the question we are informed about The halo effect which is the tendency to believe that physically attractive people have a host of other positive qualities, such as a high level of intelligence or a good personality. When asked to guess what the halo effect is before learning about it, many mistakenly assume that the reverse is true (that attractive people are seen as less smart or less kind). Once they learn about the effect, however, many say that it is no surprise and that they knew it all along. In this case, This reflects the hindsight bias.

Halo effect can be regarded as tendency of individual to have positive impressions about a person or company as well as brand or product as regards a particular area so that this can positively influence one's opinion and feelings as regards areas. It is a term that define phenomenon in which particular evaluators could be influenced as a result of their previous judgments of performance as well as personality

Hindsight bias on other hand can be regarded as a psychological phenomenon which gives room to people to be able to convince themselves after the occurrence of an event which was been accurately predicted by them before it happened. And this usually give people conclusion that it is possible to predict other events accurately.

Intervention strategies that the government can implement to make sure that the citizens are living in healthy environment

Answers

Government intervention can help lower healthcare costs and expand health insurance coverage through correcting market failures and subsidizing costs. Specific reasons for government intervention in healthcare include:

Pre-existing conditions
Contagious diseases
Free riders
Opacity and confusion
Affordable healthcare as a right

whar are the responsibility of citzens in a democrazy do the media best sopport

Answers

Answer: i'm pretty sure its Making informed decisions when voting

Explanation: that's all :)

©
The solid crust or the hard to
layer
of the Earth is​

Answers

The outermost layer of the Earth.

Hope this helps! :)

Answer:

The ans is lithosphere

Make in brainlist

how can Corruption be eliminated from the society write any six point​

Answers

Answer:

Stay away

Explanation:

Avoid the society

Which factor motivated The Egyptians and The Mesopotamians choice in their settlement location?

Answers

Answer:

River and river valleys

Explanation:

The availability of rock as well as the Nile River impacted how and where early Egyptians inhabited and established their civilisation. These three elements are examined in depth: landforms, weather, and water. Egypt was considered to be a gift from the Nile by the greeks And romans.

The Tigris and Euphrates rivers, which supplied vital irrigation for crop production, were among the most important elements in the formation of societies in ancient Mesopotamia.

FOUR reasons why incidents of gender based violence in communities continue despite various campaigns to discourage it.​

Answers

1. The way a person is raised has a big impact on how they will act as an adult.
2. Misogyny and gender hatred is often something that cannot be fixed simply by discouraging campaigns.
3. People who have a history of gender based violence are likely to be repeat offenders.
4. Seeing campaigns may, unfortunately, only aggravate said offenders more, causing them to act out.

Question: What is this????

Answers

I don’t know if the image is in bad quality or it’s a painting I have no idea

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

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11. Cmo puedes responder? Qu llevaste contigo? *O Yo llev la ropa y el perro conmigoO Yo llevasia la ropa y el perro conmigoO Yollav la ropa y el perro conmigo please help me its due nowww Solve, using a proportion. If Joe travels 434 miles in 7 hours, how far will he travel in 10 hours at the same speed? Comment about the articles-a, an, the as used in relation to nouns A kite is staked to the ground and blowing in the wind. It currently has a string let out to a length of 45 meters. It has an altitude of 38 feet. To the nearest tenth of a degree, find the angle of elevation. ______ What is the equation x^2+12x-3=16 written in the form (x-p)^2=q using the method of completing the square ? What is the value of x in the equation 1/3 X- 2/3= -18-560-525256 HELP AFAP I WILL GIVE BRAINLISTEach person in a group of students was identified by year and asked when he or she preferred taking classes: in the morning, afternoon, or evening. The results are shown in the contingency table. Find the probability that the student preferred afternoon classes given he or she is a junior. Round to the nearest thousandth. Be sure to show and explain your work.When Do You Prefer to Take Classes?FreshmanSophomoreJuniorSeniorMorning 29510Afternoon 8988Evening 915163 Simplify (34.67) to the power of 0 Write a program that first reads in the name of an input file and then reads the input file using the file.readlines() method. The input file contains an unsorted list of number of seasons followed by the corresponding TV show. Your program should put the contents of the input file into a dictionary where the number of seasons are the keys, and a list of TV shows are the values (since multiple shows could have the same number of seasons).Sort the dictionary by key (least to greatest) and output the results to a file named output_keys.txt, separating multiple TV shows associated with the same key with a semicolon (;). Next, sort the dictionary by values (alphabetical order), and output the results to a file named output_titles.txt.Ex: If the input is:file1.txtand the contents of file1.txt are:20Gunsmoke30The Simpsons10Will & Grace14Dallas20Law & Order12Murder, She Wrotethe file output_keys.txt should contain:10: Will & Grace12: Murder, She Wrote14: Dallas20: Gunsmoke; Law & Order30: The Simpsonsand the file output_titles.txt should contain:DallasGunsmokeLaw & OrderMurder, She WroteThe SimpsonsWill & GraceNote: There is a newline at the end of each output file, and file1.txt is available to download.currently, my code is:def readFile(filename):dict = {}with open(filename, 'r') as infile:lines = infile.readlines()for index in range(0, len(lines) - 1, 2):if lines[index].strip()=='':continuecount = int(lines[index].strip())name = lines[index + 1].strip()if count in dict.keys():name_list = dict.get(count)name_list.append(name)name_list.sort()else:dict[count] = [name]return dictdef output_keys(dict, filename):with open(filename,'w+') as outfile:for key in sorted(dict.keys()):outfile.write('{}: {}\n'.format(key,';'.join(dict.get(key))))print('{}: {}\n'.format(key,';'.join(dict.get(key))))def output_titles(dict, filename):titles = []for title in dict.values():titles.extend(title)with open(filename,'w+') as outfile:for title in sorted(titles):outfile.write('{}\n'.format(title))print(title)def main():filename = input()dict = readFile(filename)if dict is None:print('Error: Invalid file name provided: {}'.format(filename))returnoutput_filename_1 ='output_keys.txt'output_filename_2 ='output_titles.txt'output_keys(dict,output_filename_1)print()output_titles(dict,output_filename_2)main()The problem is that when I go to submit and the input changes, my output differs.Output differs. 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