An artist entered into a written agreement to sell a patron a partially finished painting once it was complete. The patron later learned that the artist planned to sell the painting to a third party who offered to pay the artist more than the contract price. The patron filed suit to compel the artist to sell the painting to her in accord with the terms of their agreement, while the artist denied that the painting the artist planned to sell to the third party was the subject of the agreement with the patron. At trial, the patron did not introduce the written agreement or explain its absence. Rather, the patron sought to testify that, when she signed the agreement, the artist had pointed to the painting in question and stated that it was the patron's painting. The artist's attorney objected to the testimony that the artist identified the painting as belonging to the patron.
How should the court rule?

Answers

Answer 1

The court should likely sustain the artist's objection to the patron's testimony that the painting in question was identified as belonging to the patron by the artist based on parole evidence rule.

It is a rule of contract interpretation that generally bars the admission of extrinsic evidence (i.e., evidence outside of the written contract) to explain the terms of an integrated written agreement.

Assuming that the written agreement is an integrated agreement (i.e., a complete and final statement of the parties' agreement), the court would typically not allow the patron to introduce extrinsic evidence that contradicts, modifies, or adds to the terms of the written agreement.

In this case, the patron's testimony that the painting in question was identified as belonging to her by the artist would likely contradict the terms of the written agreement (which apparently does not identify the painting in question) and thus would be barred by the parole evidence rule.

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Related Questions

What does selective incorporation mean?

Answers

The concept of selective incorporation means that the Court has held the provisions of a Bill of Rights in order to limit or restrict the activities undertaken by the state governments.

The doctrine of selective incorporation is given under the Supreme Court's power to make a law or pass a bill that embraces the restrictive activities or powers that are already held under the full capacities of the states governments in the Americas. The provisions of selective incorporation are based on case-by-case methods.

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in what year was the needlestick safety and prevention act signed into law?

Answers

On November 6, 2000, the Needlestick Safety and Prevention Act (NSPA) (HR. 5178) was ratified.

In November 2000, the Needlestick Safety and Prevention Act (NSPA) was ratified. It required OSHA to update its bloodborne pathogens standard in order to provide specific new definitions and specifications.

Healthcare institutions are mandated to employ safer devices to lower the risk of needlesticks under the Needlestick Safety and Prevention Act of 2000 and the ensuing revision of the Occupational Safety and Health Administration's bloodborne pathogens standard.

The Needlestick Safety and Prevention Act places new regulations on businesses, such as hospitals and ASCs, regarding their sharps procedures in an effort to significantly decrease the exposure of healthcare workers to bloodborne diseases.

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What is meant by unity of command?

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The unity of command means that the people in the group must follow the commands given to them by the leader of the groups, and must commit the acts in a unified direction to attain their objectives.

The unity of command can be referred to or taken into the aspect of general understanding as the concept that tends to explain that all the individual who are a part of a group must keep the group ahead of themselves, and must adhere to the command made by the leader of the group. Thus, it has an indispensable significance.

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A cyber ______ is a hacker whose intention is the exploitation of a target computer or network to create a serious impact, such as the crippling of a communications network or the sabotage of a business or organization.
O virusO terroristO magistrateO informant

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A cyber terrorist is a hacker whose intention is the exploitation of a target computer or network to create a serious impact, such as the crippling of a communications network or the sabotage of a business or organization.

A cyber terrorist is a hacker or a group of hackers who use their technical skills to cause widespread harm through digital means, often with the goal of advancing a political or ideological agenda.

They typically target critical infrastructure, such as power grids, financial systems, or government networks, with the intention of causing chaos, panic, or physical harm.

Cyber terrorism can take many forms, including website defacement, denial of service attacks, data breaches, and the spread of malicious software. The impact of cyber terrorism can be far-reaching and devastating, affecting not only the target organizations but also the public at large, who may rely on the services provided by these organizations.

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Why were Southerners unable to maintain unity in the Peopleâs Party? a. Lack of Coordination b. Economic depression c. Racial Conflict d. The ideological conflict between leaders of the party

Answers

Out of the given alternatives, it may be stated that the Southerners were not able to maintain the level of unity in the People's Party due to the lack of coordination that they had. Therefore, the option A holds true.

The People's Party was formed with an intention to bring the people together in a unified goal towards the development of the American society. However, the southerners, or people from the southern states, were not in a sense of unity that also took a toll on their coordination lacking.

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what must the prosecution prove in order to get a guilty verdict

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The prosecution must implement the use of witnesses and evidences in order to prove and get a guilty verdict in the court of law.

The prosecution is to be referred to or considered as the person who takes the responsibility of representing a plaintiff or a defendant in the court of law for a case related thereto. For proving the guilt of related parties, the prosecutor may present facts based on evidences witnesses for the purpose of getting a guilty verdict being adjudged by the justice in the court of law.

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Which of these early amendments to the Constitution guarantees the government will provide just compensation for private property that it takes?
a. Second
b. Fifth
c. Eighth
d. First

Answers

The correct option is B ; Fifth , The Fifth Amendment to the United States Constitution, on the other hand, states that "nor shall private property be seized for public purpose without reasonable compensation.

" As a result, once the United States acquires a property through eminent domain, it has a constitutional obligation to compensate the property owner fairly for the land's fair market worth. The First Amendment guaranteed freedom of religion, freedom of the press, freedom of speech, freedom of assembly, and the right to petition.

According to the Fifth Amendment, no one shall be "deprived of life, liberty, or property without due process of law." The Due Process Clause of the Fourteenth Amendment, passed in 1868, employs the same eleven words to express a legal requirement of all states.

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Which of these is the defining characteristic of a federal system of government? a.Elected representatives make decisions for the nation.
b.Power is divided between central and regional bodies.
c.Separate branches have different areas of responsibility
d.Legislative actions are limited by a set of written guidelines.

Answers

Division of power between the central and regional bodies is the defining characteristic of a federal system of government.

Hence, the correct option is B.

Federal government is a system of division of powers between the center and the state or regional authorities which are connected to one another by national government. Some functions are handed over to the union government such as defense, international trade etc. while responsibilities related to maintaining local trade and commerce, land disputes and other civil matters is located in the hands of regional government. This division of powers is conferred in the government of United States by the Constitution itself. The federal government consists of three branches the legislature, the executive and the judiciary. And division of powers can be seen in all of these branches.

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what major difficulty prevented legislators from rewriting elections laws to account for covid-19 and the 2020 presidential election?

Answers

Political division among lawmakers, who had different opinions on how much election law revision was necessary to address COVID-19 concerns, was one significant challenge. Moreover, legal "rewriting

Rewriting election rules to take COVID-19 and the 2020 presidential election into consideration was extremely challenging for Rewriting Political division among lawmakers, who had differing opinions on how much election law revision was necessary to address COVID-19 issues, was one of the main obstacles. This resulted in heated discussions and the failure of new laws to pass. The process was made more difficult by legal issues and disagreements on state authorities' power to alter electoral rules. Due to these problems, it was challenging for lawmakers to reach agreement and pass significant election law amendments in time for the 2020 presidential election, emphasising the necessity for bipartisan collaboration in resolving other election-related concerns.

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Question 6 (1 point)
What kind of theory would you MOST likely learn about if you were studying
environmental criminology?
constitutional theory
chemical theory
theory of deviant places
Olabeling theory

Answers

The kind of theory that you would most likely learn if you were studying environmental criminology is C. theory of deviant places

What is the theory of deviant places ?

The theory of deviant places is one of the most commonly studied theories in environmental criminology. This theory suggests that crime is not only caused by individual factors, but also by the physical and social characteristics of the environment in which crimes occur.

This theory helps researchers and policymakers understand how the environment can contribute to criminal behavior and guide them in developing solutions to reduce crime in these areas.

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What is the 19th Amendment in simple words?

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The nineteenth amendment of the American Constitution means that every American citizen will hold rights and protection against being denied for voting based on their gender or sexual discrimination.

The voting rights have been included as the fundamental rights of the American citizens under the 19th amendment of the National Constitution of the United States of America. Thus, there have been a number of instances wherein the citizens were sexually discriminated from voting, and thus, this amendment was enforced in the year 1920.

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Which form of political participation did Congress suppress restrict with the Alien and Sedition Acts?

Answers

The Alien and Sedition Acts, which were passed by the United States Congress in 1798, restricted the freedom of speech and the press.

The Alien and Sedition Acts, approved by the United States Congress in 1798, limited freedom of expression and the press. The Sedition Act, in instance, made "false, scandalous, and malicious writing" against the government or its officers a crime, and was used to prosecute those who attacked the Federalist Party or its policies. As a result, the Alien and Sedition Acts curtailed and limited political engagement that included criticizing the government and its acts, especially through the press.

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________ powers exist when both state and national governments possess a certain level of authority.
A. Expressed
B. Reserved
C. Concurrent
D. Implied
E. Police

Answers

Option (c), When both the state and the federal governments have a certain amount of power, there are concurrent powers.

What exactly does "shared concurrent power" between the federal and state governments entail?

Concurrent powers are those that the federal and state governments both possess. This includes the power to impose taxes, build roads, and set up lower courts.

How much authority does the federal government have compared to the states?

The federal system of governance with state governments sharing power is known as federalism. All states are subject to national jurisdiction, but states are only sovereign inside their own borders. The American Revolution is where federalism first emerged.

What additional obligations does the government have?

Concurrent responsibilities include writing legislation, putting it into effect, keeping track of it, and evaluating performance, for instance. Housing, agriculture, social welfare, and education are among the matters that fall under the joint jurisdiction of the federal and provincial administrations.

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How do the Texas and U.S. constitutions approach the issue of impeachment?

Answers

Answer:

It's easier to impeach an individual in Texas than in the national government. In recent years, most proposed constitutional amendments have been approved.

Explanation:

I hope it helps:)

Answer:

It is easier to impeach an individual in Texas than in the national government.

Explanation:

Impeachment in Texas is a little different than it is in Washington, D.C. If the Texas Legislature wants to remove a governor or other elected official, the first step is basically the same as it is in the federal system. The Texas House of Representatives holds the power of impeachment, just as the U.S. House does. By a majority vote, the legislators can impeach the official, a step that’s comparable to an indictment in a criminal court.

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What is the difference of transference and countertransference?

Answers

The transference differs from the concept of countertransference in a way that the former is related to the emotional reaction of the client, whereas, the latter is related to the emotional behavior of the therapist.

The concept of countertransference can be referred to or considered as the one wherein the client experiences emotional reactions by the therapist in a session of counseling that they both are involved in. The concept of countertransference is completely in contrast to that of the transference, wherein the emotional reactions are given by the client itself.

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What Happened to Jeffrey Dahmer's Apartment Building?

Answers

Jeffrey Dahmer's apartment building, located in Milwaukee, Wisconsin, was demolished in 1992. After Dahmer was arrested for the murder of 17 people, the landlord of the building decided it was best to tear it down. The landlord, landlord's lawyer, and the police department all agreed that it was the best course of action.


After Jeffrey Dahmer's arrest in 1991, the apartment building where he committed his crimes became a focal point for media attention and public curiosity. Eventually, the building at 924 North 25th Street in Milwaukee, Wisconsin was demolished in 1992. The lot where the building once stood remained vacant for many years until a new apartment building was constructed on the site in 2018. This new building has no association with Dahmer or his crimes.

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Why is Kepler's third law important?

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Kepler's third law states that the square of the orbital period of a planet is directly proportional to the cube of the semi-major axis of its orbit. This law is important because it allowed us to determine the mass of planets, which in turn, helped us calculate the mass of the Sun. It also helped us understand that planets move in elliptical orbits around the Sun and not in circles.


It is important because it relates the period of a planet's orbit to its distance from the sun. This law, also known as the Harmonic Law, states that the square of the period of a planet's orbit is proportional to the cube of its average distance from the sun. Mathematically, this can be represented as P² ∝ a³, where P is the period of the orbit and a is the average distance from the sun.

This law is important because it allows astronomers to calculate the distance of a planet from the sun based on its orbital period, or vice versa. This is useful for studying the solar system and for understanding the behavior of planets and other celestial bodies. Additionally, Kepler's third law has been used to estimate the masses of stars and to discover exoplanets, or planets outside of our solar system.

Overall, Kepler's third law is an important tool for astronomers and has helped to further our understanding of the universe.

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What does the Supremacy Clause state?

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According to the Supremacy Clause, federal law is "the supreme law of the country."

The Supremacy Clause declares that only the federal government has complete power over all state governments. It emphasizes explicitly that state laws and constitutions must be consistent with the federal Constitution, statutes, and treaties as they are the ultimate law of the land. According to this, the federal laws and the Constitution supersede any conflicting state law standards.

Throughout the country's history, this theory has been efficiently applied to settle a wide range of legal disputes, including those involving civil rights, environmental laws, and other situations where competing federal and state interests may arise. Additionally, it guarantees that, despite the relevant legislations and conventions of any one state, the fundamental principles of the Constitution and federal law are constantly upheld throughout the nation.

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what is the primary purpose of the filibuster power in the united states senate?

Answers

The primary purpose or the intention of the filibuster powers in the United States' Senate is to restrict the vote on a measure to be taken in the United States Legislative Assembly.

The filibuster power can be referred to or considered as the powers granted to each and every senate in the United States Legislative Assembly, wherein they can put a never-ending debate on a topic, and allow a majority to block from voting for a measure or a decision, or at least threaten from doing the same in its essence.

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How did the Constitution framers view the presidency?

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The framers of the U.S. Constitution viewed the presidency as an important and powerful office but believed it required checks and balances from other branches of government to limit potential abuses and safeguard the liberties of the American people.

The framers of the U.S. Constitution recognized the need for a strong executive branch, but they also understood the potential dangers of concentrated power. They believed that by establishing a system of checks and balances, with each branch of government having the ability to limit the powers of the others, they could prevent any one branch from becoming too dominant.

The presidency was designed to be an independent and co-equal branch of government, with the power to execute the laws and act as the armed forces commander-in-chief.

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which branch of the government appoints justices to the u.s. supreme court?

Answers

Answer:

Executive Branch

Explanation:

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What is New England law known for?

Answers

Few aspects New England law is particularly known for are historical significance, excellence in legal education, public interest law, maritime law, constitutional law, etc.

New England is known for having several prestigious law schools and a strong legal tradition.

1. Historical significance: New England is home to some of the oldest law schools in the United States, including Harvard Law School, which was founded in 1817.

Many of these institutions have played important roles in the development of American jurisprudence.

2. Excellence in legal education: New England law schools are known for providing high-quality legal education, often with a strong emphasis on practical training.

3. Public interest law: Many New England law schools have a strong commitment to public interest law and social justice.

4. Maritime law: Due to the region's history and geography, New England has a strong tradition in maritime law.

5. Constitutional law: New England has a long history of producing legal scholars and practitioners who specialize in constitutional law.

This is due in part to the region's connection to some of the most important constitutional debates in American history, such as the drafting of the U.S. Constitution in Philadelphia and the adoption of the Bill of Rights.

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The United States does not have a unitary form of government because
a. The British would not allow it B. The states have powers reserved to them in the Constitution
c. The executive and legislative branches are separate
d. The states hold more power than does the federal government

Answers

Option B is correct - Because the states have powers reserved to them by the Constitution, the United States does not have a unitary form of government.

The US government relies on the federal system to run because it allows the federal government and the states to share power. This decentralised system's multiple levels of administration ensure that no level of government has excessive power and that each state is able to address issues particular to its own citizens.

The federal structure also offers a system of checks and balances, with each level of government acting as a check on the others. This will prevent the abuse of power and ensure that no individual or group has an undue influence on the decision-making process.

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A skier broke his leg when he was knocked down by the chair lift as he tried to avoid other skiers who had fallen off while disembarking. The ski resort employee operating the lift had not been paying attention and had failed to stop the lift. Ski patrol personnel placed the skier on a stretcher, which they then hooked up to a snowmobile to bring him down the mountain. The route down ran along the edge of a ski trail. Midway down, a novice snowboarder tried to see how close he could come to the stretcher without hitting it, but he lost control and landed on top of the skier's leg, damaging it further. The skier filed a lawsuit against the snowboarder and the resort in a jurisdiction that has adopted a comparative contribution system in joint and several liability cases. At trial, the skier's physician testified that the skier's leg was permanently disabled, but that neither injury, by itself, would have caused the permanent disability and it was impossible to quantify how much each injury contributed to the disability. The jury determined that the damages from the permanent disability equaled $2 million, and that the snowboarder and the resort were each 50% at fault.
What amount of damages can the skier recover from the snowboarder for his permanent disability?

Answers

$2 million was chosen because it was impossible to determine how much of the damage the snowboarder was responsible for.

Due to the snowboarder's joint and several liability for the injury, the skier may recover $2 million from the snowboarder. According to the doctrine of joint and several liability, each defendant will be held jointly and severally liable for any harm that the plaintiff suffers as a result of two or more tortious acts acting together to cause. This means that the plaintiff may seek payment from any defendant for the full amount of his damages. The doctrine holds true even when each tortfeasor took different steps and acted on their own. Here, the skier's right to reasonable care was violated by both the snowboarder and a resort employee.

The skier's disability was actually caused by both of the tortfeasors' actions because without either of them, his leg would not have become permanently disabled. Because the disability was a direct result of the snowboarder's act, that act was the proximate cause of the skier's disability. The extent of the harm was unpredictable, so it doesn't matter; the tortfeasor must treat the victim as he finds him. The skier can therefore sue the snowboarder for the full $2 million.

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Complete Question -

What amount of damages can the skier recover from the snowboarder for his permanent disability?

A $1 million, because the jurisdiction follows comparative contribution rules.

B $2 million, because it was not possible to identify the portion of the injury that the snowboarder caused.

C Nothing for his permanent disability, because the skier has not met his burden of proof as to the amount of damages that the snowboarder caused.

D Nothing for his permanent disability, because the injury inflicted by the snowboarder, by itself, would not have caused the disability.

What is Amendment 11 to 27 called?

Answers

Amendment 11 to 27  is known as the "due process revolution" or the "second Bill of Rights."

The official titles of the amendments are as follows:

Amendment 11: Judicial Limits

Amendment 12: Choosing the President, Vice-President

Amendment 13: Slavery Abolished

Amendment 14: Citizenship Rights

Amendment 15: Race No Bar to Vote

Amendment 16: Status of Income Tax Clarified

Amendment 17: Senators Elected by Popular Vote

Amendment 18: Prohibition of Intoxicating Liquors

Amendment 19: Women's Suffrage

Amendment 20: Presidential, Congressional Terms

Amendment 21: Repeal of Prohibition

Amendment 22: Presidential Term Limits

Amendment 23: Presidential Vote for District of Columbia

Amendment 24: Poll Taxes Barred

Amendment 25: Presidential Disability and Succession

Amendment 26: Vote Age is 18 Years

Amendment 27: Limiting Congressional Pay Increases

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What is definition enclosure movement

Answers

The Enclosure Movement was a push in the 18th and 19th centuries to take land that had formerly been owned in common by all members of a village

the texas bill of rights is different from the u.s. bill of rights because

Answers

Similar safeguards are provided by the Texas Bill of Rights, however they are written in a more positive manner. But it also transcends any federal safeguards. For example, Section 3a specifically forbids discrimination on the basis of sex, race, color, creed, or national origin.

What variations can be seen between the Texas Bill of Rights and the US Bill of Rights?

In several crucial areas, the Texas Bill of Rights and the US Bill of Rights are very different. The Texas Bill of Rights differs from the US Bill of Rights in several ways, the first being that it is included in Article I of the Texas Constitution as opposed to the US Bill of Rights, which is composed of the first ten amendments to the US Constitution. The Texas Bill of Rights contains 33 distinct rights as opposed to the US Bill of Rights' ten complex rights, making it a different document from the US one. The Texas Bill of Rights is written in terms of positive rights as opposed to the US Bill of Rights, which is presented in terms of negative liberties.

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it is not burdensome for a business to comply with the law. True/False ?

Answers

It is not burdensome for a business to comply with the law. This statement is false.

A law is a formal written enactment of a legislative body that, with the cooperation of other parties, governs the legal entities of a city, state, or nation.

Cases must adhere to the precedents of other such cases in related jurisdictions under the principle of stare decisis. Because the U.S. Supreme Court is the country's highest court, all states are bound by its rulings.

Legislative authority is separated into three categories. Union list, concurrent list, and state list. While statutory laws are the fundamental legal structure needed by the contemporary legal system. Additionally, there are two different sorts of the legislature: subordinate legislation and supreme legislation.

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true/false. no cause or reason needs to be given by the lawyer to excuse a prospective juror when using a peremptory challenge, and peremptory challenges are unlimited (the lawyer may use as many as he/she wishes) during voir dire.

Answers

No cause or reason needs to be given by the lawyer to excuse a prospective juror when using a peremptory challenge, and peremptory challenges are unlimited during voir dire. This statement is true.

A lawyer does not need a justification to utilize a peremptory challenge to excuse a potential juror. Such challenges empower each party to exclude jurors who are otherwise eligible but appear to favor the opposite party.

Peremptory challenges, on the other hand, cannot be used to disqualify jurors on the grounds of race or class. Lawyers are limited to a certain number of peremptory challenges, which varies by state and based on the nature of the case (a misdemeanor, felony, or death penalty trial).

The prosecution and defense take turns defending their challenges for cause during the "striking a jury" procedure. The juror will be removed from the jury panel if the judge allows the challenge.

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the cuban missile crisis was an incident involving cuba, the united states, and what other country?

Answers

In 1962 the Soviet Union began to secretly install missiles in Cuba to launch attacks on U.S. cities. The confrontation that followed, known as the Cuban missile crisis, brought the two superpowers to the brink of war before an agreement was reached to withdraw the missiles.
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How do the Arabian jasmine seeds move? Clark County sprays for mosquitoes during some years but not every year. Researchers for the Bat Protection Society studied the number of bats for several years and recorded the data in the table above. If Clark County passed a law to prohibit mosquito spraying in 1995, what would a scientist predict about the number of bats in 1996? A. There would be between 2200 and 2560 bats. B. There would be less than 2200 bats. C. There would be more than 3250 bats. D. There would be between 2560 and 3250 bats. INSTRUCTION:Write photo caption with thefollowing picture.*Kicker - 1-3 words*Headline*Caption - 5-7 wordsWhat: Photography ActivityWho: Grade 11 STEM students (SHS)Where: Grace of ShekinahSchool GymnasiumWhen: February 6Pls po i really need help ASAP. I'll mark brainliest who answered po. 2. Which of the following is a decreasing exponential function whose y-intercept is 20?(1) y=2020()*(2) y=20(3) y=-2x+20-()*(4) y=+20 condensation on a cup which two nerves are involved in the pupillary reaction? Graphing quadratics find: y = - x^2 + 6x - 4Axis of symmetry:Vertex:With process pls. Illustrate with a diagram a consumer in equilibrium with indifference curves and a budget constraint. Measure units of X on the horizontal axis and units of Y on the vertical axis. Provide intuitive and mathematical explanations for what must be true in equilibrium. to change conditional formatting that applies a red fill color to one that applies a green fill color, which of the following can you do? true or false. most bacterial cells are encased by a strong cell wall composed of which is a carbohydrate matrix cross-linked by polypeptides. in a frictionless setup, two block of different masses are laying on two incline planes with different slopes and joined together by a pulley (see figure). find the acceleration of each block and the tension in the rope. also write the criteria (or equation) needed to be satisfied for block 2 to be moving down its incline plane. what temperature is ideal for disease-producing pathogens to grow? wents experiment differed from all previous plant tropism experiments byA. determining the chemical properties and structure of a hormone that influences plant growth.B. demonstrating that plants respond to indirect light by growing toward the light.C. isolating a plant hormone from one plant and using it to change growth patterns in a different plant.D. showing that the coleoptile portion of a plant is essential in responding to light signals. Which one of the following can be classified as a strong electrolyte?A) CHOB) CHOHC) NHNOD) HCHOE) HO What 1950 activity, in which Mandela participated, turned violent The vertex from of a function is g(x)=(x-3)2+9 how does the graph of g(c) compare to the graph of the function f(x)=x2 What structure is the sequence of amino acids in a protein? which choices are equivalent to the product below? check all that apply. 63 which organization is your best source of help with the complain about a dangerous product? identify a statement that refers to the ideology of individualism. multiple choice question.A. governments should own businesses because in a capitalist society only few would benefit. B. government interest should not solely influence one's behavior. C. the needs and goals of society are considered more important than individual desires. D. individual rights need to be sacrificed, and property should be commonly owned.