A federal district court denied certification of an action as a class action. In doing so, the court made a mistake of law. Thirteen days after the entry of the district court's order, the plaintiff filed a petition with the clerk of the applicable circuit court for permission to appeal the denial of certification.
Must the appellate court hear this appeal?
No, because entertaining this appeal is at the discretion of the appellate court.
No, because the petition was not timely filed.
Yes, because the district court denied rather than granted certification of the class.
Yes, because the district court made an error of law.

An example of a concurrent power is the power to collect taxes.

Both the federal government and state governments have the authority to collect taxes from their citizens.

Concurrent powers are laid out in the United States Constitution, specifically in Article I, Section 8, which outlines the powers of Congress, and the Tenth Amendment, which states that any powers not given to the federal government are reserved for the states.

Other examples of concurrent powers include the power to regulate commerce, establish courts, and maintain law and order.

These powers are shared by both the national and state governments, but the Constitution gives ultimate authority to the federal government in case of a conflict between federal and state law.

To know more about concurrent power here:

https://brainly.com/question/2459928

#SPJ4

True. The federal government has issued an executive order to advance racial fairness and support for underserved communities.

Executive Order 13985, titled "Advancing Racial Equity and Support for Underserved Communities Through the Federal Government," was signed by President Biden on January 20, 2021. It calls for a comprehensive strategy for the Federal Government to transform itself so that fairness and equity are not just ideals.

According to Executive Order 13985, the director of the Office of Management and Budget and the assistant to the president for domestic policy must meet to develop a strategy for dealing with the following issues: any obstacles preventing underprivileged communities and individuals from enrolling in or using federal benefits, services, or programs; and any obstacles preventing full and equal participation.

Learn more about executive Visit: brainly.com/question/26909217

#SPJ4

The statement "Bond A was issued by a financially weak corporation and Bond B was issued by a financially strong corporation" is correct whereas the statement "Bond A was issued by the Exxon Mobil Corporation and Bond B was issued by the state of New York." is not necessarily true.

A financially weak corporation is more likely to default on its debt obligations, which makes its bonds riskier for investors. To compensate for this higher risk, the interest rate on Bond A would need to be higher than the interest rate on Bond B, which is issued by a financially strong corporation with a lower risk of default.

The interest rate on a bond is based on a variety of factors, including the creditworthiness of the issuer, the length of the bond's maturity, prevailing market interest rates, and the overall supply and demand for the bond. Therefore, we cannot say for certain that the interest rate on Bond A would be higher than the interest rate on Bond B based solely on the difference in issuers.

To know more about Bond here

https://brainly.com/question/16993444

#SPJ4

Answer:

True

Explanation:

Hope it helps:)

28 U.S.C. 1391 is a federal law that defines the venue for civil suits in federal court. It states that the proper venue for a federal civil case is a judicial district in which the claim arose, where the defendant resides, or in which a substantial part of the events or omissions giving rise to the claim occurred.

It is a section of the United States Code that outlines the rules for determining the proper venue for a civil action in federal court. The section includes three subsections that address the different types of civil actions that may be brought in federal court:

- Subsection (a) addresses actions involving federal question jurisdiction.
- Subsection (b) addresses actions involving diversity jurisdiction.
- Subsection (c) addresses actions involving alienage jurisdiction.

Each subsection provides specific criteria for determining the proper venue for a civil action. For example, subsection (a) states that a civil action arising under federal law may be brought in the judicial district where any defendant resides, if all defendants reside in the same state, or in the judicial district where a substantial part of the events or omissions giving rise to the claim occurred. Subsection (b) provides similar criteria for actions involving diversity jurisdiction, and subsection (c) provides criteria for actions involving alienage jurisdiction.

In general, 28 USC 1391 is designed to ensure that civil actions are brought in the most appropriate federal court, taking into account the convenience of the parties and witnesses, the interests of justice, and other relevant factors.

For more such questions on U.S.C.

https://brainly.com/question/28189378#

#SPJ11

Always use low beam headlights within 350 feet when approaching or overtaking a bicyclist at night.

When you are within 500 feet (approximately one block) of an incoming car, use your low beams. When following another vehicle within 300 feet, use your low beams as well. If you are over the official speed limit, slow down as you approach a bend.

On high beam, headlights must illuminate people and objects for 350 feet and on low beam, for 100 feet. Low-beam headlights provide visibility up to 200 feet away and are ideal for speeds up to 25 mph. High-beam headlights allow you to see around 350 feet ahead and may be utilized at speeds of up to 25 miles per hour.

Learn more about low beam headlights

https://brainly.com/question/1035725

#SPJ4

Some areas where an officer's trauma can be an asset to a department are supporting staff development; creating a safe and supportive environment;  assessing needs and providing support; building social and emotional skills.

Trauma is an emotional response to a terrible event like an accident, or natural disaster. Immediately after the event, shock and denial are typical. Longer-term reactions include unpredictable emotions, flashbacks, strained relationships, and even physical symptoms like headaches or nausea. While these feelings are normal, some people have difficulty moving on with their lives.

Psychologists can help them find constructive ways of managing their emotions.

Learn more about trauma, here:

https://brainly.com/question/29869423

#SPJ1

The initiative was instituted by the government to eliminate fraud and abuse and recover overpayments and involves the use of Medicare Recovery Audit Contractors (RACs). Charts are audited to identify Medicare overpayments and underpayments. These entities are paid based on a percentage of the money they identify and collect on behalf of the government.

Hence the correct answer is Medicare Recovery Audit Contractors (RACs).

Medicare Recovery Audit Contractors (RACs) are entities hired by the government to identify and recover overpayments in the Medicare program. They review medical charts and claims to identify improper payments and notify healthcare providers of overpayments. RACs are compensated based on a percentage of the improper payments they recover.

To learn more about Medicare Recovery Audit Contractors, visit:

https://brainly.com/question/29999929

#SPJ4

The federal court must use the state's procedures for the choice of law in a diversity case.

The federal court, in this case, is in State A. In accordance with the conventional method of choosing the applicable law, the court would impose State B's legal system on the parties. The recent practice, meanwhile, is to use the law of the state that has the closest connection to the complaint. The jeweler in this instance is from State A, the importer could or might not be from State A, and the accident took place in State B.

The jeweler has no legal basis for a claim under State B tort law; State B is simply connected to the accident's location. On the other hand, because the jeweler is from State A, State A has a major connection to the action and the jeweler has a strong claim under State A's tort law. As a result, State A's tort law should be applied by the federal court in State A.

Learn more about jurisdiction of a trial court here:

https://brainly.com/question/10377896

#SPJ4

The statement "A state law unconstitutionally burdens interstate commerce only when it violates a federal statute that was enacted under the Commerce Clause" is false.

The commerce is mentioned in the article 1, section 8 of the Constitution of united States that empowers the state to restrict or interfere in the matters of commerce. It is the duty of the congress to balance the commerce clause with states police powers, it should balance the merits and purposes of the regulations before burdening the interstate commerce. All the restrictions by the congress pursuant to the state police are presumed to be valid notwithstanding its effect on the commerce but if these law substantially interfere in the commerce clause it can be held unconstitutional.

To know more about "Commerce Clause" visit-

brainly.com/question/29973908

#SPJ4

Political and Legal forces affect the way politics shape laws and the way laws shape the opportunities for and threats to an organization. For example, some cities in the United States (including New York and San Francisco) have set the minimum wage far above the federally mandated minimum wage

These forces come into play when different people have different views about the way an organisation should function. The organisations and businesses could not let them be affected by the political situation and let it not impact them before the law has changed.

To know more about businesses

https://brainly.com/question/28434924?referrer=searchResults

#SPJ4

The provision of the usa patriot  made it possible for investigators to obtain information when looking into a wide range of terrorism-related crimes, such as chemical-weapons violations, the use of weapons of mass destruction, the assassination of Americans abroad, and terrorism financing.

The sections of the USA PATRIOT Act that guarantee the right to privacy are not widely known. Indeed, it is frequently chastised for broadening the government's monitoring powers and potentially intruding on civil freedoms. Section 802, which defines the federal offense of domestic terrorism to exclude acts of protest or dissent, could be interpreted as an attempt to safeguard privacy. This provision is intended to prevent the government from targeting people or groups engaging in lawful political activity under the broad definition of terrorism.

For such more question on provision:

https://brainly.com/question/414562

#SPJ4

The following question may be like this:

What is a provision of the USA patriot act designed to protect the right of privacy?

The Marine Corps Tattoo Policy states that all permanent tattoos must not be "excessively offensive" and must not be visible while in any of the official Marine Corps uniforms. Marines may have a maximum of four tattoos, which must be smaller than the wearer's hand, below the elbow and/or knee, and above the neckline. For more detailed information, please refer to Marine Corps Order P1020.34F.

The Marine Corps tattoo policy is designed to balance the Marine Corps' high standards of professional military appearance and heritage with the personal desires of Marines. According to the policy, tattoos are allowed as long as they are not visible when wearing the standard physical training (PT) uniform, which consists of a green t-shirt and shorts. Additionally, tattoos are not allowed on the head, neck, or hands (except for a single band tattoo on one finger), and they cannot be larger than the size of the Marine's hand. Tattoos that are considered offensive, extremist, indecent, or sexist are also prohibited. Marines are required to document their tattoos and have them approved by their commanding officer. The policy is designed to ensure that Marines maintain a professional appearance and uphold the values and traditions of the Marine Corps.

For more such questions on Marine corps tattoo policy.

https://brainly.com/question/12046102#

#SPJ11

There are various skills that "Marines learn in boot camp as part of their socialization into the Marnie Corps" such as how to carry and use equipment they have been issued, how to conform to rules about personal attire and personal areas and how to kill.

The marines are taught how to use the ammunition that they have been given and the correct way to operate them.

They are also taught to conform with the rules about the uniforms they wear and their respective duty area.

Most importantly, the marines are taught how to kill the enemies, using their ammunitions.

To know more about Marines here

https://brainly.com/question/30112838?referrer=searchResults

#SPJ4

Roger Clinton, the half-brother of President Bill Clinton got the nickname “Headache” by the secret service.

Roger Clinton, notorious for his endeavors at influence-peddling and a conviction for cocaine use, got the nickname for obvious reasons.

“I don’t have a choice of being first brother,” he told The New York Times.

The Secret Service is a federal law enforcement agency that is responsible for protecting the President of the United States, among other duties. It is unlikely that they would use a disrespectful nickname for a sitting President.

It is possible that some Presidents have been given nicknames by the Secret Service as a way of referencing them during security operations, but these nicknames are typically not made public. Additionally, any such nickname would likely be chosen with respect and professionalism.

To know more about secret service here:

https://brainly.com/question/21516009

#SPJ4

D. You get off easier if you admit to it

Certiorari pool refers to the computerized lottery system by which the Supreme Court of the United States selects the cases it will hear each year. Therefore the correct option is option C.

The certiorari pool is made up of legal clerks from each of the justices who screen the thousands of petitions filed each term and recommend which matters should be heard by the Court. The use of the certiorari pool has been criticised for lowering the number of cases heard by the Court and limiting the variety of problems presented for consideration.

The certiorari pool is a procedure utilised by the United States Supreme Court to help manage the huge number of certiorari petitions (requests for the Court to review a lower court decision) that are filed each year.

For such more question on Supreme Court:

https://brainly.com/question/18228641

#SPJ4

High profits for drug sellers are NOT one of the three concerns that led to the adoption of the first U.S. law regulating what we now call controlled substances.

The correct option is A.

By purview of the U.S. Constitution's commerce clause, the Harrison Narcotic Act of 1914 was proposed and approved as a way to control the production and distribution of opiate-containing substances.

The Harrison Narcotics Act of 1914, the Opium Poppy Control Act of 1942, and the Narcotic Drug Control Act of 1956 were significant pieces of American law throughout the 20th century.

The Pure Food and Drug Act of 1906 mandated that the contents and dose of a number of certain narcotics, including alcohol, cocaine, heroin, morphine, and cannabis, be appropriately labelled.

The older regulations governing the use of narcotics and other harmful drugs in the United States were replaced in 1970 by the Comprehensive Drug Abuse Prevention and Control Act, which also introduced the Controlled Substances Act (CSA).

The question is incomplete. The complete question is:

The text lists three concerns that led to the adoption of the first U.S. law regulating what we now call controlled substances. Which of these was NOT one of the three?

a. High profits for drug sellers

b. Monitors drug-related medical emergencies

c. Syringe exchange programs

d. Substance use disorders

To know more about Drug laws, click here:

https://brainly.com/question/4920246

#SPJ4

In the condition given above, the concept that the attorneys are making an argument over is about jurisdiction.

The jurisdiction of any activity is the concept that defines the total scope or total extent up to which an authority has control over the undertaking of activities. For example, the jurisdiction for police is divided as per the departments of the individual cities. Moreover, the jurisdiction of the law is also helpful in determining the extent to which a thing may be done or abstained from being done.

Learn more about jurisdiction here:

https://brainly.com/question/14179714

#SPJ4

If Maddie signs a cell phone agreement without being able to read the document, this is an example of an "illiteracy" issue.

Illiteracy is the inability to read or write, which can limit a person's ability to access and understand important information, such as legal documents, contracts, and other written agreements. In this scenario, Maddie may not fully understand the terms and conditions of the cell phone agreement that she is signing, which could potentially put her at a disadvantage or expose her to risks or obligations that she did not fully comprehend. This underscores the importance of promoting literacy and ensuring that people have access to education and resources that can help them understand and navigate complex legal and financial documents.

To know more about illiteracy click here:

brainly.com/question/28499076

#SPJ4

The Article 19 of the Universal Declaration of Human Rights states that each and every individual can openly carry their right to express themselves, and hold any opinion that they feel, as is seen under a democratic society.

The Human Rights is the most essential part of every constituency. The inclusion of articles of human rights becomes an indispensable aspect of the existence of any society. Under the same essence, freedom of opinion  and expression is one of the human rights provided under the article 19 of Universal Declaration.

Learn more about Human Rights here:

https://brainly.com/question/3444313

#SPJ4

The California private notice is a control given to consumers to protect their personal information that businesses collect from them.

The notice was prescribed under the California Consumer Privacy Act of 2018 (CCPA), while controls the personal privacy of the consumers from the businesses collect. It gives various rights to the consumers such as right to delete personal information collected by a business, right to opt-out to share personal information as well as the right to non-discrimination from exercising above rights. Further through amendments two new provisions were also added the right to correct inaccurate user information, and the right to limit the use and disclosure of such information that carry personal information of the users. All the businesses are subject to such rights and the consumers can request exercise of these rights whenever needed.

To know more about "CCPA" visit-

brainly.com/question/28672983

#SPJ4

The two main tools to implement fiscal policy are taxes and spending.

The government possesses two major fiscal tools for influencing the economy. These tools can be divided into spending tools and revenue tools. Spending tools refer to the overall government spending. On the other hand, revenue tools refer to taxes collected by the government. Fiscal policy is the governmental decision to increase or decrease taxation and spending. If the government is trying to spur consumer spending, it can decrease taxes which will increase extra cash with families, which the government hopes will in turn be spent on goods and services, thus spurring the economy as a whole.

Spending is used as a tool for fiscal policy to drive government money to specific sector needing an economic boost. which will result in extra cash and taxes, the government hopes that money will be spent on other goods and services.

Learn more about "fiscal policy" here:

brainly.com/question/29790045

#SPJ4

Examples of expansionary monetary policy are lowering federal fund rate, easing, lowering reserves etc.

Expanding the money supply quickly or lowering short-term interest rates are two ways that expansionary monetary policy works. It is put into practise by central banks through interest rate control, margin requirements, and open market activities. The examples are -

Easing: Buying government bonds or other securities from banks and other financial institutions is another kind of quantitative easing that the Federal Reserve can utilize. This expands the money supply and lowers borrowing costs, which can promote lending and amplify economic activity.

Cutting the rate of federal funds: In order to boost economic activity, the Federal Reserve can reduce the federal funds rate, which is the ideal interest rate that banks typically charge each one for overnight loans. A decrease in rate lowers the cost of borrowing for banks, which can increase the amount of money available for loans to people and businesses and promote investment and expenditure.

Lowering the reserves: The Federal Reserve can lower the amount banks must keep in reserve as protection against depositors. Lowering the reserve requirement allows banks to lend out more money, which can boost the economy.

Read more about expansionary monetary policy on:

https://brainly.com/question/29982410

#SPJ4

The given statement "Today, social and economic regulations generally receive rational basis review when they are challenged on the grounds of equal protection" is false because they are subject to intermediate scrutiny.

In India, social and economic regulations are generally subject to intermediate scrutiny when they are challenged on the grounds of equal protection, not rational basis review. It requires that the regulation serve an important government interest and be substantially related to that interest.

This is a more rigorous standard of review than rational basis review, which requires only that the regulation have a rational relationship to a legitimate government interest.

The Constitution provides for equal protection under the law and prohibits discrimination on the grounds of religion, race, caste, gender, or place of birth.

To know more about rational basis review here:

https://brainly.com/question/7383512

#SPJ4

All the justices of the U.S. supreme court are nominated by the president and appointment are made with the advice and consent of the senate.

The supreme court consists of a chief justice and other eight associate justices. The president with his power nominates the justices of the apex court however, the senate appoints the justices by giving a majoritarian consent. The supreme court being the apex court of justice in the United States reviews the working of lower courts and addresses various norms of the constitution. The judicial branch interprets the laws, applies laws on individuals, decides if laws are unconstitutional. The judiciary has one most important function to protect the individual rights of the people of the country.

To know more about "supreme court" visit-

brainly.com/question/224703

#SPJ4

Mahan's writings, particularly "The Influence of Sea Power Upon History," had a significant impact on American efforts to rise to the status of a superpower by arguing for the need for a strong navy and the control of

American naval commander and strategist Alfred Thayer Mahan (1840 1914) wrote extensively on the significance of sea power in determining the direction of global history. The Influence of Sea Strength Upon History, Mahan's most well-known essay, made the case that a country's capacity to command the seas and project naval power was necessary for it to become a major player on the global stage. In the late 19th and early 20th centuries, his theories profoundly influenced American foreign policy and military strategy, encouraging choices to create a contemporary fleet and conquer foreign lands. Mahan has had a lasting impression on naval history and strategy as a strategic thinker and

Learn more about Mahan's here:

https://brainly.com/question/11925808

#SPJ4

Plea bargains can be helpful to defendants in criminal cases because they can force the government to provide defendants with a lawyer. Hence, option A is correct.

Because he receives a shorter punishment for admitting to a lesser offense, the defendant may frequently benefit from the plea negotiation process. The public trial and its accompanying psychological suffering are spared the defendant, his family, and the victim.

Plea bargaining is frequently used for pragmatic purposes. Defendants can escape the time and expense of representing themselves in court, the possibility of receiving a heavier sentence, and the potential attention a trial could bring.

Thus, option A is correct.

For more information about plea bargaining beneficial to the defendant, click here

https://brainly.com/question/20125776

#SPJ9

Answer: Substantive Unconscionability

Explanation:

Substantive Unconscionability. Substantive unconscionability refers to when the terms of the contract are so one-sided that it is unfair to one party. The contract includes overly harsh and one-sided language, which means that it is likely to be found substantively unconscionable by a court.