A gas station owner properly filed a breach of a noncompete clause in an employment contract case in federal court against a former manager, who began building a similar gas station across the street. The owner's complaint requested money damages and an injunction to stop the construction. The former manager wants a jury trial, but the gas station owner prefers that the issue be litigated before the judge. Can the former manager demand a jury trial for both claims

Answers

Answer 1

Answer:

No, because, while the Seventh Amendment gives both the plaintiff and defendant the right to demand a jury trial in civil actions, when a case presents both legal and equitable claims, the right is only preserved for all legal claims, not equitable claims.

Explanation:

Equitable claim is one that requests an injunction from a court. That is the court is asked to compel another party to either take an action or refrain from taking an action. The focus is to prevent a future harm.

A legal claim is one that where the plaintiff proves harm done against their person and he is seeking compensation for harm inflicted.

The Seventh Amendment gives parties the right to request a jury trial only on legal claims.

In the given scenario the case is one that is an equitable claim. The owner's complaint requested money damages and an injunction to stop the construction. This is done to stop breach of the non-compete.

As the Seventh Amendment only allows jury trial for legal claims, the former manager cannot demand a jury trial.


Related Questions

It is not necessary, when rejecting a job candidate, to worry about how the rejection is worded, as it will have minimal, if any, impact on the organization. True False

Answers

i would say false……….

Currently, you can exchange $1 for SF 1.14. Assume that the average inflation rate in the U.S. over the next two years will be 2.5 percent annually as compared to 3 percent in Switzerland. Based on this information and relative purchasing power parity, which one of the following assumptions can you make regarding the next two years?
A. The Swiss franc will appreciate against all currencies.
B. The Swiss franc will appreciate against the U.S. dollar.
C. The U.S. dollar will appreciate against all currencies.
D. The U.S. dollar will appreciate against the Swiss franc.
E. Both the U.S. dollar and the Swiss franc will appreciate against all other currencies.

Answers

In the next two years, the U.S. dollar will appreciate against the Swiss franc.

Exchange rate is the rate at which one currency is exchanged for another currency. In this equation $1 would be exchanged for SF1.14.

Purchasing power parity theory states that the same basket of books would cost the same when the exchange rate between the countries have been adjusted for. If the inflation rate of one country is expected to increase more than that of the other country, the country with the higher inflation rate, will experience a depreciation of its currency.

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According to the Securities and Exchange Commission, one of the easiest ways to boost your retirement savings is:

Answers

One of the easiest ways to boost your retirement savings is to take

advantage of your employer's matching , focus on low fees, and save by

payroll deduction.

Retirement savings can be boosted by the employer matching the

employee's contribution.This involves them contributing a certain amount

monthly or yearly to the retirement savings plan.

Other factors include avoiding high cost and fees of things and saving

through having certain amount deducted to help save for the future.

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Students at a major university must go through several registration steps. Officials have observed that it is typically the case that the waiting line at the fee-payment station is the longest. This would seem to suggest that the fee-payment station is the ___________ in the student registration process. Multiple Choice capacity cushion first station bottleneck economy of scale diseconomy of scale

Answers

Answer:

bottleneck

Please give Brainliest answer if this has helped!

Explanation:

A bottleneck can be illustrated as a situation that causes a delay in a process. The waiting line at the fee payment station exists very long and this controls the smooth sailing of the registration procedure therefore it comprises a bottleneck.

What is a bottleneck in machine learning?

The bottleneck in a neural network exists only in a layer with more irregular neurons than the layer below or beyond it. Maintaining such a layer enables the network to condense segment expressions (of salient features for the target variable) to the most suitable fit in the available space.

A bottleneck can be illustrated as a situation that causes a delay in a process. The waiting line at the fee payment station exists very long and this controls the smooth sailing of the registration procedure therefore it comprises a bottleneck.

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what is the expected return for a stock that has a beta of 1.4, if the risk-free rate is 5% and the market rate of return is 10%?

Answers

Answer:

% 3.9

Explanation:

what’s the bestselling movie soundtrack of all time?

Answers

Answer:

The Bodyguard is the bestselling movie soundtrack

Which term accurately describes Melanie, who was born in the United States and is currently working in Italy for a company headquartered in China

Answers

A third-country national serves as term that is utilized in description of Melanie, that is been given birth to, in the United States but Working in another country like China.

What is third-country national?

This serves as term to describe an individual that is doesn't belong to a citizen of a country such as United States but is is been assigned a duty.

People do this so as to get better opportunity in their career.

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Lily is planning to sell her home, which she bought seven years ago for a total of $168,000. The property value has increased by 2. 5% each year for the past seven years. In the meantime, Lily has made improvements and renovations to the home which increase its sale value by $52,000. How much will Lily sell the home for, to the nearest hundred dollars? a. $261,500 b. $249,400 c. $267,000 d. $251,700.

Answers

The amount that Lily will sell the home for, to the nearest hundred dollars is d. $251,700.

First step is to calculate the amount using this formula

A=P(1+r)^n

Let plug in the formula

A=168,000(1+0.025)^7

A=168,000(1.025)^7

A=168,000(1.18869)

A=199,699

Second step is to calculate the how much will Lily sell the home for.

Selling price=$199,699+$52,000

Selling price=$251,699

Selling price=$251,700 (nearest hundred dollars)

Inconclusion the amount that Lily will sell the home for, to the nearest hundred dollars is d. $251,700.

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if a client would receive virtual currency as a gift, what would the client use as their basis for reporting purposes?

Answers

Based on the information given, it should be noted that the basis of reporting for the virtual currency is D. None of the above.

A virtual currency simply means a digital representation of value available in electronic form. This is usually transferred in a software.

From the complete question, it should be noted that the basis of reporting for the virtual currency is None of the above. It's neither, today's cost, donor basis, or fair market value.

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the two ways that a corporation can be classified by ownership are

Answers

Answer:

The two ways that a corporation can be classified by ownership are: publicly held and privately held

Explanation:

Corporation is majorly defined by the ownership of the entity and this ownership can only be determined by the number of share being held by private groups and promoters or the general public.

When evaluating business plans THESE are primarily concerned with the four Cs of credit. Employees Investors Vendors Lenders

Answers

During an evaluation of business plan, the four Cs of credit are mostly important and used by investors,

An investor in this context are those who borrow people money in return for interest payable on the loan given out.

The investor are the set of people who mostly employs the 4C's of credit.

Hence, during the evaluation of a business plan, the four Cs of credit are mostly important and used by investors,

Therefore, the Option B is correct.

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with no other positions in her account, a customer buys 100 shares of XYZat 45$ per share and simultaneously buys 1 XYZ Jan 45 put for a premium of 3. What is the customer's maxium loss potential on the option

Answers

Answer:

The maximum loss is unlimited

Explanation:

For the last 20 years, Terry has made regular quarterly payments in the amount of $308 into an account paying 1. 5% compounded quarterly. If, at the end of the 20 year period, Terry stops making deposits, transfers the balance to an account paying 5. 5% interest compounded annually, and withdraws a annual salary from the account, determine the amount that he will receive every year for 10 years. Round to the nearest cent. A. $28,672. 88 b. $3,803. 97 c. $28,780. 40 d. $3,074. 66.

Answers

The amount that will be received by Terry at the end of every year for 10 years is $3,803.97

Computations:

1. First the future value will be computed:

Given,

[tex]A[/tex] =$308, Annuity or the quarterly payment amount.

[tex]r[/tex] =1.5%, the rate of interest to be paid quarterly; thus the effective rate of interest will be: 0.375% [tex](\frac{1.5\%}{4})[/tex]

[tex]n[/tex] = 20 years, number of periodic payments, but the effective time period for the computation will be 80 payments that are: [tex](20\times4(\text{quarter}))[/tex]

[tex]\begin{aligned}\text{Future Value}&=\dfrac{A\times(1+r)^n-1}{r}\\&=\dfrac{\$308\times(1+0.00375)^{80}-1}{0.00375}\\&=\$28,672.88\end{aligned}[/tex]

2. From the determined future value that will be used in the present value formula, where 5.5% interest compounded at which Terry will receive an amount for every 10 years will be computed.

Given,

Present value =$28,672.88

[tex]r[/tex] =5.5%, the coumpounded rate of interest

[tex]n[/tex] =10 years

[tex]\begin{aligned}\text{Present Value}&=\dfrac{A(1+r)^n-1}{r(1+r)^n}\\\$28,672.88&=\dfrac{A(1+0.055)^{10}-1}{0.055(1+0.055)^{10}}\\A&=\dfrac{7.537}{\$28,672.88}\\A&=\$3,803.97\end{aligned}[/tex]

Therefore, after the payment of $308 for 20 years, Terry will start receiving the amount of $3,803.97 every 10 years.

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If you were running a company, describe at least two things you would do to improve its productivity. (1-4 sentences.)

Answers

Answer:

Two ways I would improve productivity would be to increase labor and create incentives. By increasing labor, you'd have more opportunities to keep people at a specified area that they are competent in. If you were to create positive incentives for the workforce, people are more likely to work harder and increase the company's productivity.

Explanation:

1. The fundamental problem of economics is:
A. to establish an equitable system of personal and business taxation.
B. to establish a democratic political framework for the provision of social goods and services.
C. the scarcity of factors of production relative to the unlimited wants of humans.
D. to achieve a more equitable distribution of money income in order to mitigate poverty.

Answers

Answer:

I think C is the correct answer.

A town passes a zoning ordinance preserving the architectural style of an area and requiring plantings in the parking strips. This is an example of ______.

Answers

By trying to preserve the architectural style of the area and the paintings, this is an example of Aesthetic zoning

What is Aesthetic zoning?

Tis is a type of zoning that is made to conform with architectural landscapes. The aim of this type of zoning is for the preservation of the aesthetics of the community.

This type of zoning is mostly done in those residential areas that are planned.

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A corporation issues for cash $8,000,000 of 20-year, 8% bonds, interest payable semiannually. The amount received for the bonds will be:

a. the present value of $8,000,000 to be repaid in 20 years, less the present value of 40 semiannual interest payments of $320,000.
b. the present value of 20 annual interest payments of $640,000, plus the present value of $8,000,000 to be repaid in 20 years.
c. the present value of 20 annual interest payments of $640,000.
d. the present value of 40 semiannual interest payments of $320,000, plus the present value of $8,000,000 to be repaid in 20 years.

Answers

Answer: D

Explanation: $8,000,000 was issued (sold) for cash. It has a 20-year maturity rate and interest is paid semiannually, meaning June 30 and December 31.

$8,000,000 x 0.08 = $640,000

$640,000/2 = $320,000

Keep in mind when a corporation issues bond to another entity, that entity has to repay the amount that was issued in bonds, plus the interest. Answer choices A, B, and C are out. The best choice is D which makes absolute sense since 20-year x 2 = 40 payments of $320,000 which gives $12,800,000. That's $4,800,000 in interest that the corporation is receiving for taking the risk of issuing the entity the $8,000,000 bonds for cash. The best choice is D.

Hope this explanation helps.

Chad bought a cabin in the mountains for $45,000. He repaired the furnace, redecorated the interior, and repainted the exterior. All of this work totaled just over $7,000. When he tried to resell it, the best offer he got for his cabin was $48,500. Which principle of valuation does this scenario exemplify

Answers

The principle of valuation that the scenario exemplifies is called the principle of contribution.

Data and Calculations:

Cost of cabin = $45,000

Maintenance cost = $7,000

Resale value = $48,500

Shortfall in investment cost = $3,500 ($48,500 - $45,000)

The principle of contribution states that the worth of an improvement is  the market value of the entire property, despite the cost of the improvement. If Chad wanted to make some profit on the sale, he should not incur more maintenance cost than the market is ready to accept.

Thus, the principle of valuation that the scenario exemplifies is called the principle of contribution.

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How can you improve your credit score?

Answers

Answer:

Explanation:

According to Forbes, some ways to raise a credit score quickly include raising credit limits, keeping accounts open and paying bills on time

HAVE A GREAT DAY!

A local butcher and a worker at a cereal factory both work in what Agriculture, Food, and Natural Resource pathway?

Agribusiness Systems
Food Products & Processing Systems Animal Systems
Natural Resources Systems​

Answers

The Food Products & Processing Systems is the department in Agriculture, Food, and Natural Resource where the local butcher and a worker at the cereal factory.

The food products $ processing systems is a department in the Food, and Natural Resource

The department is responsible for tasks including:

Bulk food production Development of ways to process, package or store food etc

In conclusion, the Food Products & Processing Systems is the pathway in Agriculture, Food, and Natural Resource where the local butcher and a worker at the cereal factory.

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Warmup- if you was an agent what 2 sports
you would manage and why?

Answers

Football and baseball because those are my favorite sports

The main method for disposing of municipal wastes in the United States is ___________ while _____ is the main method in Japan.

Answers

Answer:

hi

Explanation:

hi

Demand is more elastic when you are shopping in Walmart than when you shop at a small convenience store because: Group of answer choices

Answers

Answer:

It rises by 25%

Explanation:

Demand is more elastic when you are shopping in Walmart than when you shop at a small convenience store because: more competing products means greater elasticity. Lyft cuts the price of a ride in New York City by 10%. Thereafter, the quantity of rides demanded rises by 25%.

Hope this helped <3

When a seller allows a buyer thirty to sixty days to pay for a purchase, the sales arrangement is called a. a promissory note. b. equity financing. c. trade credit. d. a bank loan. e. None of these answers is correct.

Answers

The sales arrangement when a seller allows a buyer thirty to sixty days to pay for a purchase is known as Trade credit

A trade credit is an arrangement that exists between buyers and sellers with respect to exchange of goods and services.

In trade credit, the supplier allows the buyer purchase on credit and pay later usually between 30, 60 or 90 days.

Hence, trade credit is where a seller allows a buyer thirty to sixty days to pay for a purchase.

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The main benefit of a multidomestic strategy is that it ________. Group of answer choices exploits scale economies in product development and marketing is cost-saving due to product and marketing standardization takes advantage of location economies responds quickly and effectively to emerging buyer preferences

Answers

According to business operational strategy, the main benefit of a multi-domestic strategy is that it "responds quickly and effectively to emerging buyer preferences."

What is a multi-domestic strategy?

A multi-domestic strategy is a business strategy whereby firms emphasize their marketing approach to meet local markets instead of a universal approach.

The multi-domestic approach also enables companies to create more targeted advertising that focuses solely on the consumers of a specific market.

Hence, in this case, it is concluded that the correct answer is option D. "responds quickly and effectively to emerging buyer preferences."

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A contract or ________ stipulates in writing all the client's requirements and gives all of the relevant information.

Answers

It should be noted that contract or event profile is usually stipulated in writing all the client's requirements and gives all of the relevant information.

An event profile can be regarded as set of event scripts, which helps to give description about an event.

This profile or contract do list out all the requirements that is needed by a company from the client in executing their services.

Therefore, contract or event profile serves  all the client's requirements and gives all of the relevant information.

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The third step in the project control process for measuring and evaluating project performance is to

Answers

The third step in the project control process for measuring and evaluating project performance is to comparing the plan against actual performance.

In an organization, the management of project performance entails various process undergone from creation, implementation and management of projects which is seen as contributory to performance of the firm.

The step in the project control process for measuring and evaluating a firm's project performance includes:

Set a baseline plan. Measure progress and performance.Comparing the plan against actual performance.Take appropriate action.

Therefore, the third step in the project control process for measuring and evaluating project performance is to comparing the plan against actual performance.

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Quais são as medidas de controlo que podem ser utilizadas para minimizar efeitos do impacto ambiental?

Answers

Answer:

Reduce, recyle, reuse

Reducir, reciclar, reutilizar

Explanation:

It dosnt have to be very complicated, you could simply be using the same another side of a paper or taking 2 minutes out of your total shower time. We want to slowly get better at this.

No tiene por qué ser muy complicado, simplemente podría usar el mismo otro lado de un papel o tomar 2 minutos de su tiempo total de ducha. Queremos mejorar lentamente en esto.

Company Z understands that their business is at risk. How can they use step two in the Decision-Making Process to reach their end goal of increasing sales and customer satisfaction?

Answers

Answer:

I have no clue

Explanation:

I need to answer something bc I'm new sorry

Answer:

Company Z can list the options on how to increase sales and make their business profit again. Some available options that can be listed are responding quickly to customer concerns instead of making them wait a long time, finding a way to have better parking, and to lower their overall prices when selling their products to customers.

Explanation:

For part a you are supposed to state what problems Company Z are having with their company, and if you look at the five steps, the next step for part b is to list some solutions to fix these problems. I hope this helps clarify part b a little bit!

The five steps are:  
State the problem

List the options

Determine the pros and cons

Choose the best option

Evaluate the decision/choice

A car salesperson had $84,784 in total monthly sales for April and $107,270 in May. The salesperson earned $4,865 in total commission from those sales combined.


What is the salesperson's commission as a percent of the total monthly sales?


Enter your answer, rounded to the nearest tenth of a percent, in the box.

Answers

Answer:

2.5%

Explanation:

Answer:

2.5

Explanation:

I took the test

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