The answer to this question is False. The borrower cannot engage the appraiser in a federally-related lending transaction. The appraiser is required to be unbiased and impartial.
Federally-related lending transactions are mortgage-related transactions that involve federal financial institutions or other governmental entities. A federally related mortgage lending transaction is a mortgage loan purchase by federal institutions and other governmental entities, mortgage loans insured by the federal government, and mortgage loans that are eligible for purchase by Fannie Mae or Freddie Mac.
An appraiser is an individual who is qualified to evaluate the value, worth, and quality of a property. A licensed appraiser is a specialist who examines real estate properties, assesses the market value of those properties, and writes appraisal reports.
A borrower may not select an appraiser for a federally-related lending transaction. The appraiser must be chosen by the lender or a third-party appraisal management company that the lender hires. The appraiser's primary responsibility is to provide a neutral, unbiased valuation of the property for the benefit of the lender.
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credit repair organizations are now subject to federal law and disclosure requirements. True or false?
Answer:
True
Explanation:
Credit repair businesses are governed by federal law and must make certain disclosures. The Credit Repair Organizations Act (CROA) is a federal statute that governs credit repair businesses. It establishes certain requirements and provisions that credit repair companies must follow when providing services to clients. The legislation compels these organizations to give customers with specific disclosures, such as information about their services, fees, and consumer rights. It also forbids some misleading activities and gives consumers certain rights and remedies in the event of a breach. As a result, credit repair companies MUST follow these federal rules and disclosure standards.
when a dispute arises between different countries, the preferred method of resolution is to litigate the case through the foreign court system because it is less expensive and more private to do so. True or False
Litigation in a foreign court system is often time-consuming and expensive. It's also worth noting that in certain circumstances, the laws of a foreign nation may not provide appropriate protection. As a result, countries have established alternate ways of resolving disputes that avoid the need for foreign litigation. Hence, the statement is false.
When a dispute arises between different countries, litigating the case through the foreign court system is not the preferred method of resolution due to several reasons. First, it is false that litigating the case through foreign courts is less expensive. International litigation can be costly due to legal fees, travel expenses, and the need for expert witnesses. Additionally, navigating the foreign legal system may require engaging local counsel, which adds to the overall expense.
Second, it is also false that litigating through foreign courts is more private. International litigation often involves public proceedings and court records, which may be accessible to the public. This can result in a lack of privacy and confidentiality.
Instead of litigation, countries typically prefer alternative methods of dispute resolution, such as negotiation, mediation, arbitration, or diplomatic channels. These methods offer more flexibility, confidentiality, and the potential for a mutually satisfactory resolution without the need for costly and time-consuming court proceedings.
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the driver of an automobile was tried and convicted of manslaughter in the death of a cyclist. subsequently, family members of the cyclist initiated a wrongful death action against the driver. in this civil action, the plaintiffs seek to introduce testimony given by a witness at the criminal trial that the witness had observed the driver's reckless speeding less than a minute before the accident with the cyclist. the witness died of natural causes before the wrongful death action began. the driver objected, noting that, although the witness was cross-examined at the criminal trial, the driver's attorney had not, for tactical reasons, made a serious effort to undermine the witness's credibility despite the availability of substantial impeachment information. should the witness's testimony from the manslaughter case be admitted?
The admissibility of the witness's testimony from the manslaughter case in the wrongful death action would depend on the applicable laws and rules of evidence in the jurisdiction where the case is being heard.
Generally, in a civil action like a wrongful death lawsuit, the rules of evidence may differ from those in a criminal trial.
In this situation, the driver is objecting to the admission of the witness's testimony, arguing that their attorney did not make a serious effort to undermine the witness's credibility during the criminal trial. This could be a valid argument for the driver's attorney to make, as the witness's credibility is an important factor in determining the weight and reliability of their testimony.
However, the final decision on whether to admit the witness's testimony would be up to the judge presiding over the wrongful death action. The judge would consider the arguments of both parties, the relevant rules of evidence, and any applicable case law to determine the admissibility of the testimony. Factors such as the importance of the testimony, the availability of impeachment evidence, and the overall fairness of admitting the testimony may also be considered.
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Questions 9-10 are based on the following fact situation. Until 1954, the state of New Atlantic required segregation in all public and private schools, but all public schools are now desegregated. Other state laws, enacted before 1954 and continuing to the present, provide for free distribution of the same textbooks on secular subjects to students in all public and private schools. In addition, the state accredits schools and certifies teachers. Little White School, a private school that offers elementary and secondary education in the state, denies admission to all non-Caucasians. Stone School is a private school that offers religious instruction. _____________________________________________________________ Which of the following is the strongest argument against the constitutionality of free distribution of textbooks to the students at the Little White School?
A. No legitimate educational function is served by the free distribution of textbooks.
B. The state may not in any way aid private schools.
C. The Constitution forbids private bias of any kind.
D. Segregation is furthered by the distribution of textbooks to these students.
The answer to the question that asks which of the following is the strongest argument against the constitutionality of free distribution of textbooks to the students at the Little White School is D, Segregation is furthered by the distribution of textbooks to these students
One reason segregation persisted in the United States was that African Americans were often denied access to the same educational opportunities as white people, such as public schools and access to the same textbooks as white students. As a result, if segregation was going to be challenged, the desegregation of educational institutions would be required. In addition, it was discovered that the segregation of African Americans harmed their educational attainment and future prospects.
Therefore, D is the strongest argument against the constitutionality of free distribution of textbooks to the students at the Little White School since segregation is furthered by the distribution of textbooks to these students.
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Make sure that you have read and studied all of Chapter 5. Excluding vision, which body sense do you think is most important? Explain why and provide at least 2 examples. Note: You must include textbook data on your chosen sense in your response and cite appropriately
The body sense that is most important, excluding vision, is the sense of touch. Touch allows us to gather information about our environment, perceive textures, and feel sensations such as pain or pressure.
Firstly, touch is important for our safety and protection. For example, when we touch a hot stove, our sense of touch immediately alerts us to the danger, allowing us to quickly remove our hand and avoid injury. This quick response is due to specialized nerve endings called nociceptors, which detect harmful stimuli and send signals to our brain to initiate a protective reflex.
Secondly, touch plays a crucial role in social interactions. It enables us to communicate emotions and establish connections through physical contact. Hugs, handshakes, and pats on the back are all examples of how touch can convey affection, support, or congratulations. In fact, research has shown that touch can have a positive impact on our well-being and can even reduce stress levels.
According to our textbook data from Chapter 5, touch is mediated by specialized receptors in the skin called mechanoreceptors. These receptors respond to different types of mechanical stimuli, such as pressure, vibration, or stretching. They transmit signals through nerve fibers to the somatosensory cortex in the brain, where the information is processed and interpreted.
In conclusion, touch is the most important body sense after excluding vision. It serves vital functions in ensuring our safety and facilitating social interactions. Through specialized receptors in the skin, touch allows us to perceive the world around us and connect with others. So, in a nutshell, touch is a fundamental sense that helps us navigate our environment and interact with the world.
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According to The Buffalo Creek Disaster Book, which of the following motions were not filed by either the plaintiffs or defendant?
i. To dismiss personal injury claims of the "Absent Plaintiffs"
ii. To add more time to discovery
iii. To make the case public
iv. To amend complaint to add 200 more plaintiffs
v. To have Pittston's insurance documents
vi. To create a shield of liability between a corporation and a shareholder
Only ii and iv
Only v and vi
Only v
Only vi
Only i and iii
The motions that were not filed by either the plaintiffs or defendant in The Buffalo Creek Disaster case are (B) Only v and vi. These motions, to have Pittston's insurance documents and to create a shield of liability between a corporation and a shareholder, were not filed by either party in relation to the Buffalo Creek Disaster case.
In The Buffalo Creek Disaster case, the motions that were not filed by either the plaintiffs or defendant are (B) Only v and vi. These motions involve requesting Pittston's insurance documents and creating a shield of liability between a corporation and a shareholder.
It is important to note that the other motions listed in the options, such as dismissing personal injury claims of "Absent Plaintiffs" (i), adding more time to discovery (ii), making the case public (iii), and amending the complaint to add 200 more plaintiffs (iv), were filed by either the plaintiffs or defendant at some point during the legal proceedings. However, motions v and vi were not filed by either party in the context of The Buffalo Creek Disaster case.
Hence, (B) Only v and vi is the correct answer.
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a defendant is on trial for the crime of menacing due to allegedly making threatening phone calls to a woman living in his apartment building. the prosecution called a female witness who lived in the defendant's prior apartment building to testify that she also received a number of unidentified but identical threatening phone calls while the defendant lived in her building. the defense objected to the testimony on the ground of relevance. the prosecution responded by explaining that it plans to introduce further evidence establishing that the calls received by this witness were made by the defendant. is the witness's testimony admissible?
In this case, the court may deem the witness's testimony admissible. The testimony of the female witness who lived in the defendant's prior apartment building could be relevant to the case of menacing.
To determine the admissibility of evidence, courts typically evaluate its relevance and probative value. The witness's testimony becomes relevant if it tends to establish a material fact, such as the defendant's pattern of making threatening phone calls. The prosecution's plan to introduce additional evidence linking the defendant to the calls further strengthens the relevance and probative value of the witness's testimony.
The court will assess the overall circumstances, including the credibility and consistency of the witness's testimony, the strength of the prosecution's evidence connecting the defendant to the calls, and the potential for prejudice or undue influence. If the court finds the evidence relevant and its probative value outweighs any potential prejudice, it is likely to admit the witness's testimony.
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For tort of Trespass one must prove intent to cause unlawful
harm. The same hurdle must be passed to establish Tort of
Negligence.
Group of answer choices
True
False
For tort of Trespass one must prove intent to cause unlawful harm. The same hurdle must be passed to establish Tort of Negligence. the statement that one must prove intent to cause unlawful harm to establish the tort of negligence is false.
To establish the tort of trespass, one does not need to prove intent to cause unlawful harm. Intent to cause harm is not an essential element of trespass. Trespass generally refers to the unauthorized entry onto another person's property or interference with their possession or use of the property.
Intent to cause harm is more relevant in intentional torts such as assault or battery. In the case of negligence, the tortfeasor's intent is not a requirement. Negligence focuses on a failure to exercise reasonable care, resulting in harm or injury to another person.
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. under what circumstances will a judge grant a motion for a new trial? a. when the jury clearly misapplied the law or misunderstood the evidence. b. when the jury did not ask enough questions during the trial. c. when the attorneys ask too many questions of witnesses. d. when the attorneys did not ask enough questions of witnesses.
A judge may grant a motion for a new trial under certain circumstances, which may vary depending on the jurisdiction and the specific rules of the court. However, among the options provided, option A is the most accurate.
When the jury clearly misapplied the law or misunderstood the evidence: A judge may grant a new trial if it is determined that the jury's decision was clearly influenced by a misapplication of the law or a misunderstanding of the evidence presented during the trial. This can include situations where the jury was given incorrect instructions, where there was misconduct by jurors, or where there is clear evidence that the jury's decision was not based on the facts and the law.
The other options provided, (b) when the jury did not ask enough questions during the trial, (c) when the attorneys ask too many questions of witnesses, and (d) when the attorneys did not ask enough questions of witnesses, are not typically grounds for granting a new trial. The number of questions asked by the jury or the attorneys during the trial does not usually determine whether a new trial should be granted. The focus is generally on errors in the application of the law or the presentation of evidence that could have affected the fairness and integrity of the trial.
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A homeowner resides downhill from a metal fabrication facility. She has sued both the ownerof the facility and the supplier of a solvent usedat the facility. She contends that contaminants, consisting mostly of the solvent, were released into the ground at the facility and have migrated and continue to migrate to her property, contaminating the soil, the groundwater, and her well. She alleges various acts of negligence on the part of the facility owner in causing the release of the contaminants into the ground. She also alleges that employees of the solvent supplier were negligent in frequently spilling some of the solvent onto the ground while filling a rooftop tank at the facility.
The solvent supplier has moved for summary judgment, arguing that if there was any contamination, the facility owner and the supplier independently contributed indeterminate amounts to the contamination and that therefore the homeowner cannot show how much damage each has inflicted on her.
There is no evidence that the facility owner and the solvent supplier acted in concert.
Should the court grant the summary judgment motion?
Question ID#: 190314
Rule: when multiple defendants caused a single harm, both or liable for the entire amount of damages.
Here, the court should not grant the summary judgment motion. The plaintiff has sued both the facility owner and the supplier of the solvent used at the facility.
She contends that contaminants, consisting mostly of the solvent, were released into the ground at the facility and have migrated and continue to migrate to her property, contaminating the soil, the groundwater, and her well. She alleges various acts of negligence on the part of the facility owner in causing the release of the contaminants into the ground. She also alleges that employees of the solvent supplier were negligent in frequently spilling some of the solvent onto the ground while filling a rooftop tank at the facility. The solvent supplier has moved for summary judgment, arguing that if there was any contamination, the facility owner and the supplier independently contributed indeterminate amounts to the contamination and that therefore the homeowner cannot show how much damage each has inflicted on her.
The summary judgment motion should not be granted because when multiple defendants caused a single harm, both or liable for the entire amount of damages. In other words, each defendant is jointly and severally liable for the entire harm suffered by the plaintiff, and either defendant can be held liable for the entire amount of damages. Therefore, the court should not grant the summary judgment motion.
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attorney-client privilege means that a defense attorney is not permitted to violate a client's confidentiality for any reason. group of answer choices a. true
b. false
True. The attorney-client privilege means that a defense attorney is not permitted to violate a client's confidentiality for any reason.
Attorney-client privilege is a legal concept that prevents lawyers from disclosing confidential information about their clients without their consent. Clients must be able to speak candidly with their lawyers about their legal issues to get the best possible representation and advice from their lawyers, which is why the law imposes this responsibility on attorneys.
The doctrine of attorney-client privilege applies to any confidential communication between a lawyer and his or her client that is made for the purpose of obtaining or providing legal advice or services. It is important to note that not all communications between a client and a lawyer are privileged. Communications must be made in confidence for the purposes of obtaining or providing legal advice or services to be covered by the privilege.
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Olivia is elated that her roof is finally going to be fixed. She waits anxiously for the work to be done, And she waits. And she waits. And she waits. Finally, 4 years and 1 month after the project was originally completed, and 3 months after Sam promised to repair the roof, she reaches out to Sam. He states he's not yoing to do the work because she's barred from filing a lawsuit due to the 4-year statute of limitations on breach of a written contract. Why is Sam mistaken? A. Thisis a tort claim so chat 4 year statute of limetations doebn't apply. B. The roof leak was a latent detect to she has 10 years to file ctain. C. The 5 -year waranty for detects, and Sam's promite to repair the work both loep a lesal yomedy alive. D.The City of Salieas Huilitine Departinent has an ordinance scanting more time to sue solar Panel instillers.
As the 5-year warranty for defects, and Sam's promise to repair the work, both keep a legal remedy alive, Sam is mistaken.
Sam is mistaken in his belief that Olivia is barred from filing a lawsuit due to the 4-year statute of limitations on breach of a written contract. In this case, the 5-year warranty for defects and Sam's promise to repair the roof extend the legal remedies available to Olivia.
While the 4-year statute of limitations may apply to breach of a written contract in general, the existence of a warranty and a subsequent promise to repair can modify the legal timeframe for seeking recourse. Warranty provisions often provide an additional period beyond the statute of limitations for addressing defects or issues related to the work performed.
In this scenario, Olivia waited for several years, believing Sam would fulfill his promise to repair the roof. By doing so, Sam potentially extended the time period for Olivia to take legal action, as the promise to repair can be considered an acknowledgment of the ongoing contractual obligation.
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which of the following statements is not true regarding a presentence investigation (psi)?
The following statement is not true regarding a presentence investigation (PSI).
A presentence investigation (PSI) is a comprehensive assessment conducted by probation officers or other authorized individuals to gather information about an offender before sentencing. It is used to provide the court with relevant information to make an informed decision regarding the appropriate sentence for the convicted individual. The PSI report typically includes details about the offender's personal and criminal history, social and family background, employment and education, substance abuse history, and any other relevant factors.
Based on this understanding, the statement "The PSI is conducted after the sentencing decision has been made" is not true. In reality, a PSI is conducted before the sentencing decision. The purpose of the PSI is to assist the court in making an appropriate and fair sentencing decision by providing a comprehensive understanding of the offender's background and circumstances. It is an essential step in the sentencing process that helps ensure that the punishment fits the crime and considers the individual's specific circumstances.
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In its most recent review from the ASC, California BREA received a rating of:
1) Excellent
2) Good
3) Needs improvement
4) Not satisfactory
The Bureau of Real Estate Appraisers (BREA) is a department of the Department of Consumer Affairs of the state of California. The California BREA received an “Excellent” rating from the ASC in its most recent review. So, the correct option is 1) Excellent.
The Bureau of Real Estate Appraisers (BREA) is a government organization responsible for the licensing and regulation of real estate appraisers in California. BREA is a sub-agency of the California Department of Consumer Affairs, which is responsible for protecting the public by licensing and regulating professionals in various industries. The department's principal mission is to ensure that Californians receive the highest possible standards of service and protection in the real estate appraisal industry.
ASC stands for the Appraisal Subcommittee, which is a government agency that oversees state licensing and certification programs for real estate appraisers. ASC was formed in response to the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), which called for the establishment of national standards for real estate appraisers.
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as chief justice, ___________ led the supreme court into a new era of prominence and power.
As Chief Justice, John Marshall led the Supreme Court into a new era of prominence and power.
Marshall served as the fourth Chief Justice of the United States from 1801 to 1835 and played a significant role in shaping the Court's authority and influence. Through landmark cases such as Marbury v. Madison and McCulloch v. Maryland, Marshall established the principle of judicial review and asserted the Court's power to interpret the Constitution.
His decisions solidified the Court's role as the final arbiter of constitutional interpretation and greatly enhanced its stature as a co-equal branch of government.
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Which answer best describes Accreditation O a. Mandatory inspection to determine compliance with legislation and regulatory standards O b. Provides a facility with a license to operate based on a successful health and safety inspection O c. Independent, third-party evaluation of compliance with national standards of excellence for quality in care and patient safety O d. Recognition awarded to hospitals for having no surgical errors Question 13 Not yet answered Marked out of 1.00 Flag question
The best answer that describes accreditation is option c. Accreditation is an independent, third-party evaluation of compliance with national standards of excellence for quality in care and patient safety.
It involves a comprehensive assessment of a healthcare facility's processes, practices, and outcomes to ensure they meet or exceed established standards. Accreditation is a voluntary process that demonstrates a commitment to delivering high-quality care and improving patient safety. It provides an external validation of a healthcare organization's performance and serves as a recognized symbol of excellence in the healthcare industry. Accreditation is not limited to hospitals and can be applicable to various healthcare settings such as clinics, long-term care facilities, and home care agencies.
Accreditation is an independent evaluation process that assesses healthcare facilities' compliance with national standards of excellence in care and patient safety. It provides validation and recognition of a facility's commitment to quality and serves as a symbol of excellence. It involves a thorough assessment of processes and outcomes to ensure high-quality care delivery.
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assembling is one means by which americans may lawfully
Assembling is one means by which Americans may lawfully exercise their First Amendment right to peaceably assemble. This right is guaranteed by the United States Constitution.
This right allows individuals to come together for the purpose of peaceful assembly and to express their views. However, the government can impose reasonable restrictions on the time, place, and manner of assembly to ensure public safety and protect the rights of others. Individuals who assemble must do so in a peaceful manner, without inciting violence or breaking the law.
Assembling is an important way for citizens to voice their opinions and grievances, and it plays a vital role in the democratic process. By gathering together, people can unite in support of a cause and work together to achieve their goals.
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when a case is remanded, the lower court must conduct additional proceedings.
When a case is remanded, the lower court must conduct additional proceedings. Hence, the statement is true.
The verb remand refers to the process of sending back a case to a lower court for further examination. When an appellate court remands a case, it instructs the lower court to conduct further proceedings or take corrective action.
When a case is remanded to a lower court by an appellate court, the following are the procedures that the lower court follows:
The lower court evaluates the ruling made by the appellate court and prepares for the new proceedings or review.The lower court then schedules the case for a hearing and asks the parties to present their evidence and make their arguments.The lower court examines all of the new evidence and argument presented, as well as the evidence already on record.The lower court may issue a new decision based on the new evidence and arguments presented.To know more about appellate court visit: brainly.com/question/29614649
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______ ______ may increase prejudice through overt policies like school segregation or media stereotypes.
The answer to fill in the blank is "Structural discrimination". According to the concept of structural discrimination, prejudice is perpetuated through overt policies such as school segregation or media stereotypes.
It's a form of institutional bias that arises from the use of unjust laws, practices, and norms that undermine marginalized people's social, political, and economic rights.
Structural discrimination refers to situations where policies and structures promote systematic and widespread inequalities. For instance, the provision of poor-quality health services in minority communities, where they are more likely to develop illnesses due to environmental factors like lack of access to clean water and proper sanitation, is an example of structural discrimination.
In summary, structural discrimination may increase prejudice through overt policies like school segregation or media stereotypes.
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