Situations in Childs v. Weis and Hiser v. Randolph are strikingly similar; Why were they were decided differently?
Childs v. Weis, 440 S. W.2d 404 (Tex. Civ. App., 1969), Mr. Childs brought suit on his own behalf and on behalf of his wife against Dr. Weis for personal injuries to Mrs. Childs and for the death of their minor child. Counsel for Dr. Weis filed a motion for summary judgment in favor of his client. A summary judgment is available when there is no dispute as to the material facts of a lawsuit. The rationale behind summary judgment is that, if there is no dispute as to the material facts, there is no need for a full trial to determine the facts; the law, which the trial court judge applies, must then determine whether or not the moving party is, or is not, entitled to win the case according o applicable law. The party moving for summary judgment must show (1) that there is no dispute as to the material facts and (2) that under the undisputed facts the law requires that the party moving for summary judgment win the case. The trial judge granted the defendant’s motion, and the plaintiff appealed to the Texas Court of Civil Appeals. The issue before the appellate court was: did the law applicable to the undisputed material facts justify the trial court judges’ granting of the motion? (Please note that now, because of the federal Emergency Medical Treatment and Active Labor Act [1985], which we take up later on in this course, this case might not not be decided in the same way. I say “might not” because this statute allows suits in federal trial courts against hospitals, not physicians, for denial of emergency treatment. This case was brought against an on – call doctor, not against the hospital at which Mrs. Childs appeared. Today it might well be brought against the hospital in a federal court, and it would definitely not be decided in the same way.)
In Hiser v. Randolph, 126 Ariz. App. 608, 617 P.2d 774 (1980), the facts are strikingly similar to those in Childs v. Weis. As in Childs, counsel for the defendant physician moved for, and obtained, summary judgment for his client in the trial court. Plaintiff appealed to the Court of Appeals of Arizona, an intermediate appellate court. There the result was strikingly different from the result in the Childs case. (Today, in a federal court suit like the Hiser case against the hospital (not a party in the Hiser case) under the Emergency Medical Treatment and Active Labor Act would be decided for plaintiff, but on different grounds.
Situations in Childs v. Weis and Hiser v. Randolph are strikingly similar; Why were they were...
Why are people with interdependent selves more likely to act differently across different situations?
Why do good people behave differently in distinct situations? Do you have any examples?
Explain why the loss resulting from the sale of a computer in the following three situations is treated differently for income tax purposes: a. Monica sells her personal computer at a loss of $1,300. None of the loss is deductible. b. Omar sells a computer used in his carpeting business at a loss of $4,300. The loss is fully deductible. c. Jerry sells his computer at a loss of $3,800. Jerry used the computer to keep track of his investment...
Are both methods (i.e. NPV and IRR) good in these situations?
What would you do if you were the one in Sinning’s position?
According to your opinion, which project is better for this
company?
Making the Decision Sinning estimates the cash flows of the two projects for the next 3 years as follows: 0 Expected Cash flows associated with the two projects Time Project 1 Project 2 (£20 million) (£30 Million) £12 million £5 million 2 £8 Million £15 million...
Why is ANOVA helpful in situations with a large number of populations? HTML Editora в І A - IE x = E OD NV V IT: 12pt Paragraph O words D Question 2 5 pts Suppose you run an ANOVA with a randomized block design, and you calculate an MSA of 76, an MSBL of 45, and an MSE of 20. You look up an F-critical value of 3.75. What do you conclude? There is Select v evidence of a...
The following scenarios are drawn from real research articles. Imagine you were the one conducting these studies – tell me which type of statistical test would you in the following situations and why? In a study from 2009, researchers set out to examine whether call light use rate and the average call light response time contribute to patients’ fall and the injurious fall rates in acute care settings. As part of this study they compared the average call light response...
The Office of Naval Research severely cut the budget for Project Whirlwind. Why were they convinced to reestablish funding and move the development forward? A) They learned that Russia was capable of delivering a nuclear bomb to United States territory and that the existing U.S. air defense system was weak. B)They learned that the technology behind the old telegraph system would be available to fill in missing components for Project Whirlwind. C)They learned that British researchers were close to developing...
U)Why the copper wire and the crystals that were formed were washed with acetone and put aside? Balancing Chemical Equations 1. NaBr + Cl2 = NaCl + Br2 2. H2SO4 + B(OH)3 = B2(SO4)3 + H2O 3. Agl + Fe2(CO3)3 = Fel3 + Ag,CO, 4. Na2CO3 + HCI = NaCl + CO2 + H2O 5. Ca(OH)2 + H2SO4 = Casos + H20 6. Zna(PO4)2 + Li2CO3 = ZnCO; + LisPO. 7. Baz(PO4)3 + PbO = Pb(PO4)3 + Bao 8. C8H18...
all parts please.
complete) v P11.27 (similar to) Which one of the following bonds would you select if you thought market interest rates were going to fall by 50 basis points over the next six months? a. A bond with a Macaulay duration of 7.14 years that's currently being priced to yield 6.69 % b. A bond with a Macaulay duration of 17.41 years that's priced to yield 9.78 % c. A bond with a Macaulay duration of 6.68 years...
If one were to discuss why the term “monopolistic competition” is used, the best description would be that the industry is “monopolistic” because it holds patents, but is “competitive” because other firms might invent similar patentable products. has a monopoly, but is “competitive” because there are low barriers to entry, meaning it has potential rivals. has low barriers to entry, but is “competitive” because it has few firms. has product differentiation, but is “competitive” because it has many firms. has...