A homeowner from State A hired a contractor from State B to build a vacation home for her in State C. The parties signed the contract in State A. The contractor breached the contract, and the homeowner sued the contractor in a court of State A, seeking damages of $100,000. The contractor removed the case to the federal court for State A. The homeowner promptly moved to remand the case to state court, arguing that venue was improper.

Which of the following facts is most relevant to the court's decision on the homeowner's motion?

A The contract was signed in State A.

B The contractor resides in State B.

C The homeowner commenced the action in a State A court.

D The vacation home was to be built in State C.

Answers

Answer 1

Answer:

The Home owner commenced the action in a state A court ( C )

Explanation:

The Defendant ( the contractor)  can decide to transfer the case from a state court to a federal court within the same state in which the case was filled by the The home owner  if the federal court has the Jurisdiction to rule on the case

Since the contract was signed in state A under the laws of the state the case is definitely a state case and the Homeowner's move to remand the case to a state court with the argument that the Federal court lacks proper Jurisdiction is in order. The court decision on the matter will be based on the fact that the Homeowner commenced the action in a state A court where the contract was signed.


Related Questions

Congress enacted a statute appropriating money to the states on condition that the states use the money to support "public performances of classical ballet open to the public." The statute provided that the money was not to be used to support any other type of dance, and that tickets to any performance paid for with these funds were to be distributed to the public on a first come, first served basis. A state that accepted a grant of $500,000 under the federal statute gave half of the grant to a state-sponsored ballet company. The company had been started 20 years earlier as part of a state effort to bring culture to poor, inner-city areas. By state law enacted when the company was formed, no less than 35% of the tickets to each performance of the ballet company must be distributed to the inner-city school systems to be given to minority school children. Is the state's method of distributing tickets to the state ballet company's performances constitutional?

Answers

Answer:

The question does not mention what the remaining 65% are used for.  If they are used to support "public performances of classical ballet open to the public," then we cannot conclude that the state's method of distributing tickets to the state ballet company's performances is unconstitutional.

Let us assume that the 65% left from the $500,000 special-purpose grant was used as per statute, then the state's method is constitutional, because the other 35% is still used for purpose, but only to encourage the participation of the vulnerable persons in the state.

If however, the 65%, amounting to $325,000 was used for another purpose, perhaps, to support any other type of dance other than "public performances of classical ballet open to the public," then the state would have obviously breached the law.

Explanation:

The evidence does not point to a conclusive unconstitutional act on the part of the state.  Surely, more information is required in order to arrive at a better judgement.

Which of the following is a characteristic of the Leader paradigm? A. Handles opposition primarily through compromise. B. Derives power primarily from his or her own position and grade. C. Is motivated primarily by self-preservation. D. Perceives senior management as providing vision and direction.

Answers

Answer:

Perceives senior management as providing vision and direction.

Explanation:

Remember, usually in an organizational setting, a leader falls under the rank of senior management.

Thus, it should come as no surprise that he perceives senior management as providing vision and direction; invariably complementing himself towards his responsibilities as a leader.

The practice of "gift giving" between the parties to a business negotiation is considered right and proper in many Asian cultures. However, some Westerners view the practice as a form of bribery, and therefore unethical, particularly if the gifts are substantial. This demonstrates that

Answers

Answer:

It demonstrates that this a difference between two cultures (intercultural communication).

In March 2012, the state of California started requiring that all packaging for food and drink with the additive 4-methylimidazole (4-MI) be clearly labeled with a cancer warning. Because of this, both Pepsi and Coke changed their formulas to eliminate 4-MI as an ingredient. If Pepsi and Coke did NOT change their formulas, holding all else constant, what do you think would have happened to the demand for these goods, assuming Pepsi and Coke were in a competitive market?

Answers

Answer:

Option E.

Explanation:

In case when Pepsi and Coke did not modify its formulas and keeping other things constant the demand for these goods is shifted to left as the price of the products would decline due to which the profit for both companies would fall

Moreover, the fall in demand is not due to an increase in price but it has harmful chemicals which shifted the demand curve to the left

hence, the correct option is E.

What does Eric Ames name as being the most challenging aspect of managing his finances?

Answers

Answer:

"my economy is bad lots of people are poor and lots of people are jobless and homeless  "

Answer:

Eric Ames says that the most challenging aspect of managing his finances having the discipline to say no to things that you feel you want. He says that you will always want something, but it is best to say no for yourself.

Explanation:

got a 100%

have a gr8 day UwU

An organization with a(n) _____ structure operates much like a multinational corporation, but subsidiaries depend on headquarters more for process and production decisions. Group of answer choices

Answers

Answer: International

Explanation: The International organizational structure adopts a somewhat central control policy which is used to manage and direct the affairs of multinational firms or corporation. Multinationals refers to businesses operating in more than one nation. The international structure ensures that the control division of the corporation handles affairs that has to do with international relations including organization, coordination and control by defining or outlining roles, responsibilities, chores and relationship within the the organization.

Lawrence recently bought a brand new Bentley Mulsanne, a very expensive car, but he is suffering from buyer's remorse. He wishes he would have bought something that made a bigger impression on the ladies at the Taco Bell drive­through. Howard, however, recently purchased a pre­owned '86 Camaro with a flame job on the hood from a car dealer, and when he rolls through Taco Bell with the T-tops off, the drive-through ladies are always staring at his car and his mullet hairdo. Howard is far more satisfied with his car than Lawrence. From a marketing point of view, which of the following concepts has contributed to Howard feeling satisfied with this purchase?
a. CRM implementation
b. Howard's full partnership with his '86 Camaro
c. Perceived value of the car
d. Customer loyalty

Answers

Answer:

The marketing concept that contributed to Howard feeling satisfied with his purchase of "a preowned '86 Camaro with a flame job on the hood" is

c. Perceived value of the car

Explanation:

Howard evaluates the merits of this preowned '86 Camaro as it has the ability to satisfy his needs for winning the attention of the drive-through ladies at Taco Bell.  When he "rolls through the Taco Bell with the T-tops off the ladies keep staring at his car."  It is this attention that he needs.  And the car investment ensures that he achieves this attention from the ladies.  Howard's feeling of satisfaction is accentuated the more when compared with the less-than-impressive attention that Lawrence pools with the girls, while driving his expensive Bentley Mulsanne through the same Taco Bell.

Charlie, the CEO of Collier Chemical, likes to boast that his company offers the highest salaries in the industry, has excellent working conditions, and has clear and consistent company policies. Yet he admits his workforce is not highly motivated. Herzberg's research suggests that Collier Chemical is having difficulty motivating its employees because it is focusing on:

Answers

Answer: hygiene factors

Explanation:

From the analysis in the question, we can infer that the organization is focusing on the hygiene factors. According to Herzberg, even though the hygiene factors are vital, they don't motivate workers but they may lead to dissatisfaction at workplace when they're not in place.

Examples of hygiene factors are the organizational policies, relationships with co-workers, compensation, physical work environment, and job security.

Suppose that an issuing bank pays on documents that are conforming to the requirements of the letter of credit, but the seller has shipped worthless goods to the buyer. Which of the following statements, if any, are true?
a) As long as the documents strickly comply with the letter of credit requirements, the bank will not have to reimburse the buyer
b) If there is fraud in the transaction, the bank will have to reinburse the buyer and seek its remedies against the seller
c) The strick compliance insulates the bank from liability, since it assures the bank that the underlying contract between the buyer and seller is entirely independent from the letter of credit contract
d) A and B

Answers

Answer:

a) As long as the documents strictly comply with the letter of credit requirements, the bank will not have to reimburse the buyer

Explanation:

A letter of credit refers to the letter in which the bank is made a guarantee to pay the amount to a particular person by compiling the specific conditions during the exporting of goods

Since in the question, it is given that the seller has shipped the goods that are worthless i.e of no use for the buyer so in this case,  the bank would not reimburse the buyer.

Therefore the correct option is A.

On March 3, Sheridan Company sells $707, 700 of its receivables to National Factors Inc. National Factors Inc. assesses a service charge of its receivables to Western Factors Inc. Western Factors Inc. assesses a service charge of 5% of the amount of receivables sold.
Prepare the entry on Sheridan Company books to record the sale of the receivables.

Answers

Answer: The answer is given below

Explanation:

From the question, we are informed that on March 3, Sheridan Company sells $707, 700 of its receivables to National Factors Inc. National Factors Inc. assesses a service charge of its receivables to Western Factors Inc. Western Factors Inc. assesses a service charge of 5% of the amount of receivables sold.

The entry on Sheridan Company books to record the sale of the receivables has been prepared and attached. It should be noted that the service charge expense was calculated as:

= 5% × $707,700

= 0.05 × $707,700

= $35,385.

Other information has been attached.

How does price war affect businesses?

Answers

Price wars can come at a high cost since it decreases a company's profit margins in the short-term. However, price wars can help companies gain a sizable increase in market share and lead to more profitability in the long-term.

Which type of insurance includes the assumption of a contractual obligation to reimburse the insured against all or a portion of his fees, costs, and expenses related to or arising out of services performed by or under the supervision of an attorney who is an active member of the bar of any jurisdiction or jurisdictions of the United States?

Answers

Answer:

Legal Insurance

Explanation:

Legal insurance is a type of insurance that provides legal advice and also the costs related to a dispute regardless of whether the policy holder is a plaintiff or the defendant in the case.

In legal insurance , the insurance provider assumes the contractual obligation to reimburse the insured against all or portion of the legal fees arising out of services performed  by or under the supervision of an attorney who is an active member of the bar of any jurisdiction of the United States.

A bond currently has a price of $1,050. The yield on the bond is 7%. If the yield increases 23 basis points, the price of the bond will go down to $1,037. The duration of this bond is ____ years.

Answers

Answer:

The duration of the bond is 5.8 years

Explanation:

Given that :

Current price of a  bond $1,050

Yield on the bond = 7% = 0.07

If the yield increases 23 basis points, the price of the bond will go down to $1,037

The objective is to determine the duration of the bond.

In order to determine the duration of the bond; we need to first find the change in percentage of the price. Afterwards, this is find the modified duration which quantify the change in percentage  in the market price for every change in the yield to maturity. Then finally to the determination of  the duration of the bond.

Mathematically;

Percentage change in price = [tex]\dfrac{new \ price - old \ price }{old \ price}[/tex]

Percentage change in price =[tex]\dfrac{1037 - 1050 }{1050}[/tex]

Percentage change in price =[tex]\dfrac{-13 }{1050}[/tex]

Percentage change in price = −0.01238

Percentage change in price ≅ - 0.0124

Percentage change in price  = - 1.24%

Let recall from the knowledge of our basis points which say;

1 basis point = 1/100

Therefore ; given that if he yield increases 23 basis points, then we have:

23 basis point = 23/100 = 0.23

The modified duration = [tex]\dfrac{percentage \ change \ in \ price }{ change}[/tex]

The modified duration = [tex]\dfrac{1.24 }{0.23}[/tex]

The modified duration = 5.3913 years

Finally, The duration of the bond = Modified duration × (1 + Yield to Maturity)

The duration of the bond =  5.3913 × (1 + 0.07)

The duration of the bond = 5.3913 × 1.07

The duration of the bond = 5.768691 years

The duration of the bond ≅ 5.8 years

Two years ago Joshua Ryan bought 100 XYZ at $60 per share. While he held the stock it paid dividends of $1 the first year and $1.50 the second year. Joshua sold the shares at $40 per share after a 2 for 1 stock split. How much gain or loss did he incur per share for tax purposes

Answers

Answer: He incur $10 per share for tax purposes.

Explanation:

Formula to calculate a gain or loss for tax purposes:

Gain or Loss for tax purposes = proceeds - cost basis

Cost per share = $ 60

After 2 for 1 stock split, the value of per share = (Cost per share) ÷2

= ($60) ÷2 = $30

Sale price of a share = $40

Since, $40 > $30, i.e. Sale price> Cost per share .So its a gain.

Gain=  $40 - $30 = $10

Hence, he incur $10 per share for tax purposes.

Suppose GDP consists of wheat and rice. In 2005, 20 bushels of wheat are sold at $4 per bushel, and 10 bushels of rice are sold at $2 per bushel. In 2004, 20 bushels of wheat are sold at $2 per bushel and 10 bushels of rice are sold at $1 per bushel. Using 2004 as the base year, it follows that, for 2005. Group of answer choices Nominal GDP is $100, real GDP is $50, and the GDP Deflator is 50. Nominal GDP is $100, real GDP is $50, and the GDP Deflator is 200. Nominal GDP is $40, real GDP is $100, and the GDP Deflator is 50. Nominal GDP is $50, real GDP is $100, and the GDP Deflator is 200.

Answers

Answer:

Nominal GDP is $100, real GDP is $50, and the GDP Deflator is 200

Explanation:

Given that:

Base year = 2004

2004:

20 Bushels of wheat = $2 per bushel

10 Bushels of rice = $1 per bushel

2005:

20 Bushels of wheat = $4 per bushel

10 Bushels of rice = $2 per bushel

Nominal GDP

GDP deflator = (Nominal GDP / Real GDP) * 100

2005 Nominal GDP:

Final value of goods at current year prices:

(20 * $4) + (10 * $2)

$80 + $20 = $100

2005 Real GDP:

Final value of goods at base year prices :

(20 * $2) + (10 * $1)

$40 + $10 = $50

Deflator :

(Nominal GDP / Real GDP) * 100

($100 / $50) * 100

2 * 100 = 200

= 200

If a decision variable is not positive in the optimal solution, its reduced cost is _______ Group of answer choices its dual price. the amount its objective function value would need to improve before it could become positive. what its objective function value would need to be before it could become positive. zero.

Answers

Answer:

yes

Explanation:

A negative dual price for a constraint in a minimization problem means

as the right-hand side increases, the objective function value will increase.

When a decision variable is not positive in the optimal solution, its reduced cost is B. The amount its objective function value would need to improve before it could become positive.

A decision variable refers to the quantity that is controlled by the decision-makers. The objective function refers to the equation that describes the production output target that will correspond to the profit maximization.

It should be noted that in a situation where the decision variable is not positive in the optimal solution, the reduced cost will be the amount its objective function value would need to improve before it could become positive.

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Which of the following stocks has the highest risk? A. stock a with a beta equal to 0.0 B. stock b with a beta equal to 0.5 C. stock c with a beta equal to 1.0 D. stock d with a beta equal to 2.0

Answers

Answer:

Option D, stock d with a beta equal to 2.0, is the right answer.

Explanation:

Option D has the highest risk because the magnitude of beta represents the risk involved or associated with the stock. So, higher the beta magnitude, higher is the risk associated with stock and higher is the return. While lower value shows the lower risk and lower return on the stock. Therefore, option D has the highest magnitude so this stock has the highest risk.

John has an auto which is covered for collision losses subject to a $250 deductible. Kate's auto also has collision coverage but her deductible is $500. Which of the following statements describes how a $2,000 collision loss will be paid if it occurs when John borrows Kate's car because his car is in the shop for repairs?
A) John's policy will pay $1,500, and Kate's policy will pay nothing.
B) John's policy will pay $1,750, and Kate's policy will pay nothing.
C) Kate's policy will pay $1,750, and John's policy will pay nothing.
D) Kate's policy will pay $1,500, and John's policy will pay $250.

Answers

Answer: D. Kate's policy will pay $1,500, and John's policy will pay $250.

Explanation:

The deductible is the amount that a policy holder has to pay before the insurance company pays the remaining amount.

From the question, we are informed that John has an auto which is covered for collision losses subject to a $250 deductible while Kate's auto also has collision coverage but her deductible is $500.

If a $2,000 collision loss occurs when John borrows Kate's car because his car is in the shop for repairs, since John has a deductible of $500, Kates policy will pay ($2000 - $500) = $1500 and John's policy will pay $250.

Which of the following may be deductible in 2019? a.Fines paid for violations of the law. b.Interest on a loan used in a hobby. c.Bribes that relate to a U.S. business. d.All of these choices are correct. e.None of these choices are correct.

Answers

Answer:

b.Interest on a loan used in a hobby.

Francisco and Maria have three children and want to complete a detailed worksheet to determine the amount of life insurance they need to purchase. They will consider factors such as Social Security and liquid assets. Which method are they using to determine their life insurance needs?

Answers

Answer: Family need method

Explanation:

The family need method is used to estimate the life insurance needs based on what the family really needs.

From the question, we are informed that Francisco and Maria have three children and want to complete a detailed worksheet to determine the amount of life insurance they need to purchase and they considered factors such as Social Security and liquid assets. This shows that the family needs method is utilized.

Suppose the MPC is 0.60. Assume there are no crowding out or investment accelerator effects. If the government increases expenditures by $200 billion, then by how much does aggregate demand shift to the right

Answers

Answer:

$500 billion

Explanation:

we must first calculate the economy's multiplier = 1 / MPS

marginal propensity to save (MPS) = 1 - MPC = 1 - 0.6 = 0.4

economy's multiplier = 1 / 0.4 = 2.5

this means that if the government increases expenditures by $200 billion, the the economy will grow (rightward shift) by $200 x 2.5 = $500 billion

As a part of strategy formulation, a firm's functional strategy primarily concerns questions relating to when to compete. where to compete. how to implement business strategy. how to enter target markets.

Answers

Answer:

C). how to implement business strategy.

Explanation:

Strategy formulation is defined as the process in which an organization selects the most appropriate and viable course of action to achieve its intended goals. It is one of the crucial steps as it helps in preparing the required framework for the attainment of desired outcomes. Thus, as an element of strategy formulation, the functional strategy of a firm would primarily focus on 'the ways to implement business strategies effectively' because then only maximum resources((skills and potential of each department and their employees), as well as productivity, can be ensured which is the path(short-term objective) to achieve the bigger goal eventually. Thus, option C is the correct answer.

Maximizing the efficiency of the manufacturing or product development process to minimize costs is referred to as _________. A. managerial skill B. business superiority C. maintenance strategy D. operational excellence

Answers

D. operational excellence

What is the first thing the law requires you to do when you arrive at an intersection? Explain what you should do if there is an officer directing traffic.

Answers

Answer:

If a law enforcement officer if directing traffic where there are traffic lights, OBEY the officer – not the signals. You must yield the right-of-way to all other traffic and pedestrians at stop signs. Move forward only when the road is clear. At four-way signs, the first vehicle to stop should move forward first.

The very first action we do is stop at the junction as if it were a red light and waiting for police to notify you when it is safe to go.

Explanation:

If a police officer directs traffic in an area with traffic signals, respect the officer rather than the signals. At stop signs, you must surrender the right-of-way to all other cars and pedestrians. Only proceed when the road is clear. When approaching a four-way stop, the first car to halt shall proceed first.

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An American company is in a joint venture with an overseas Middle East company. The U.S. managers are particular about time management and appointments for conference calls and meetings. However, their overseas Middle Eastern counterparts are not conditioned the same way and don’t necessarily adhere to schedules. This variation in time management is an aspect of their _____ environment.

Answers

Answer:

This variation in time management is an aspect of their _cultural____ environment.

Explanation:

The working environment of countries differ.  This environment also dictates approaches to issues.  For example, this Middle Eastern company operates in a cultural environment that does not take issues with time management serious unlike the American counterpart.  The prevalent cultural environment may not be easy to overcome.  For this reason, companies engaging in international relationships should factor in this consideration of differences in culture whenever they venture outside.

This variation in time management is an aspect of their cultural environment.

The following information should be considered:

The cultural environment is the important reason for the Saudi Arabia delegation to not adhere to the schedule. This is due to the USA and Saudi Arabia contains different time zones and the Saudi delegates have different cultures and also have working environment unlike USA.

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Winona's Fudge Shoppe is maximizing profits by producing 1,000 pounds of fudge per day. If Winona's fixed costs unexpectedly increase and the market price remains constant, then the short run profit-maximizing level of output
a. is less than 1,000 pounds.
b. is still 1,000 pounds.
c. is more than 1,000 pounds
d. becomes zero.

Answers

Answer:

b. is still 1,000 pounds.

Explanation:

profit-maximising level of output is found where marginal cost = marginal revenue

if fixed cost increases, the marginal cost still remains unchanged. so, the profit-maximizing level of output remains unchanged

According to Mr. Hankel, all below are evidence of falling commodity prices except Group of answer choices Corn sold for 10-11 cents per bushel after 1929 Land prices dropped to around $40/acre. There was lots of market activity, because people could now afford to buy so much more farm products. Eggs sold for as low as 10 cents/dozen.

Answers

Answer:

There was lots of market activity, because people could now afford to buy so much more farm products

Explanation:

The evidence with respect to the price of commodity falls could be arise when the corn sold at 10-11 cents after the year 1929. The dropped in the price of the land to approximate $40 per acre also the egg sold as low as 10 cents per dozen

but the lots of market activity could not reflect the evidence of dropping the price of the commodity

So this same should be considered

Omni Healthcare's analgesic drug Cetaprin has a 40% share in the analgesics market in the country of Terrania. Its closest competitor, Febex, has a 25% share in the market, while four other analgesic brands split the remainder. Which statement indicates that Cetaprin is a cash cow according to the BCG matrix

Answers

Answer:

C) The demand for analgesic drugs in the Terranian market is expected to remain stable.

Explanation:

The options were missing:

A) Omni Healthcare often takes money from other strategic business units to support Cetaprin. B) A customer survey shows that Cetaprin users do not prefer it to other analgesics in the market. C) The demand for analgesic drugs in the Terranian market is expected to remain stable. D) Febex is rapidly gaining market share over Cetaprin due to aggressive marketing efforts. E) The Terranian market for healthcare products is expanding rapidly.

A cash cow is a mature product that is sold in a slow growth market, but holds a significant market share, and generate large and constant cash inflows to the company.

The GDP of a country was $300 billion in 2016. In 2017, consumption spending increased by $200 billion, imports increased by $150 billion, and investment fell by $25 billion, and the country experienced inflation. Real GDP for 2017 will be: econ exam

Answers

Answer: $325 billion

Explanation:

Given: The GDP of a country was $300 billion in 2016. In 2017, consumption spending increased by $200 billion, imports increased by $150 billion, and investment fell by $25 billion

GDP = (Consumption+Investment+(Exports-Imports))

GDP in 2017 = ((GDP in 2016) +Consumption increased - investment decreased-imports increased)

= $300 billion + $200 billion - $25 billion - $150 billion

= $325 billion

Hence, the real GDP for 2017 will be $325 billion.

By what method did the Securities and Exchange Commission try to reform the stock market in the 1930s? Nationalizing the New York Stock Exchange Distributing stocks to all unemployed Americans Monitoring all stock transactions Establishing mandatory sentences for traders convicted of fraud.

Answers

Answer:

Monitoring all stock transactions

Explanation:

The Securities and Exchange Commission (SEC) is a U.S. regulatory institution responsible for safeguarding resources and the investors, regulating the stock market, and developing and implementing federal securities legislation. The commission was the result of inquiring the cause of the Great Depression and prevent such events in the future. The Securities Act was designed to help deter fraud in securities and provided that investors must provide accurate financial information.

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