A construction contractor brought a breach of contract claim in federal court against a homeowner who had hired the contractor to build an apartment over an existing garage. The action turned on the scope of the work covered by the contract. The contractor and the homeowner were the only witnesses at the bench trial, and they strongly disagreed about the scope of the work. At the end of the trial, the judge stated findings of fact on the record but never issued a written opinion. Neither party objected to the findings. The judge found in favor of the homeowner, and the contractor appealed. Is the appellate court likely to overturn the findings?

Answers

Answer 1

Answer:

No, because the appellate court must give due regard to the trial judge's opportunity to determine witness credibility.

Explanation:

Appellate courts or appeal courts are those that are empowered to review judgements that have been given at trial by lower courts.

Appeal courts exist at the state and federal level and they do not use a jury to review judgements.

In the given instance the construction contractor and home owner did not disagree on the findings of the trial judge and never issued a written opinion.

The appeal court is not likely to overturn the findings because they must give due regard to the trial judge's opportunity to determine witness credibility.

The trial judge should give a written opinion on the matter before the appeal court can delibrate


Related Questions

Why do we live when we all die in the end?​

Answers

Answer:

we live because we were brought to this word by God to feel the pains and suffering of humanity even though we won't know what the future holds for us or even though we all die at the end it our Faith . Jesus also died for our sins because that was his faith .

Was this helpful either Yes/ No

A holding is the court's complete answer to an issue that is critical to deciding the case and thus gives guidance to the meaning of the case as a precedent for future cases. true or false

Answers

Answer:

TRUE

Explanation:

When we refer to a holding, we rightly talk about the determination of a matter of law by the court which is based on the issues that are brought forward in that particular case.  

It is also the same as a decision in court made by the judge which is the judge’s opinion that has discussion of facts, issues and law.  

Who conducts the performance evaluation on the battalion chief?
O lieutenant
O paramedic
O deputy chief
O captain

Answers

Answer:

captain i think i mnot sure .i saw he is commmander so i thought definitely i

The performance evaluation of the battalion chief is conducted by the captain. Thus the correct option is D.

What is performance evaluation?

The term performance evaluation refers to an assessment of the work performed by an individual in order to measure their productivity as well as ability to complete the task.

The performance evaluation aims to improve the performance of employees at the workplace and encourage them to bring flexibility as well as boosting up morale.

It helps let employees know about tehir potential. this assessment has been done by the superior in the position to whom the subordinates follow. The performance evaluation of the battalion chief is conducted by the captain.

It also helps to determine performers to whom recognition can be given and poor performance training will be provided.

Therefore, option D is appropriate.

Learn more about performance evaluation, here:

https://brainly.com/question/13255069

#SPJ2

Who is in charge of the Senate in the absence of the President of the Senate?
Vice President

President of the United States

Speaker of the House

President Pro Tempore​

Answers

President Pro Tempore

True or False: A person who has been accused of a crime can refuse to appear in court.

Answers

true because that person has been accused and legally has to go to court

Which of the following is a supervisory position?
O captain
assistant chief
O paramedic
O fire chief

Answers

Answer:

So I say.......A!~ Hope it helps sorry if you get it wrong or I got it wrong-)

Explanation:

A supervisor is responsible for the productivity and actions of a small group of employees. The supervisor has several manager-like roles, responsibilities, and powers. ... As a member of management, a supervisor's main job is more concerned with orchestrating and controlling work rather than performing it directly.

~The Confuzzeled homan

Which debates do you think are more valuable to voters?
A. Presidential debates
B. Vice-presidential debates
C. Both presidential and vice-presidential debates
D. I'm not sure
Select an answer

Answers

Answer:

C

Explanation:

Can you find the similarities between republic government and democracy?

Answers

Answer:  Similarities between republic government and democracy are that  the whole population or all the eligible members of a state, typically through elected representatives or  is ruled by representatives of the citizen body.

Explanation: I hope this helps :)

Plz tell me if it was wrong so i can Fix it :)

When an instrumental composition is associated with a story poem or Scene is called

Answers

Answer:

Program music - intended to evoke images or convey the impression of events.

Explanation:

Match each method for creating domestic policy with its definition.

Answers

Answer:

Provides citizens with benefits for following a policy: Incentive

calls on citizens' morality or decency to obey a policy: Hortatory

creates stiff penalties/fines to force citizens to adjust to policy: Authoritative

grants training to citizens who want to follow a policy but can't: Capacity

Hope this helps!!

Juvenile delinquency data suggests which of the following with respect to the impact of a “broken home” (divorce, separation, death) on juvenile delinquency rates:

Answers

Answer:

Juvenile delinquency data suggests that most troubled kids either where raised by a grandmother, aunt or other family members tend to act out on the account that they don't have a stable punishment system or they are mentally unstable. Often times troubled kids also do not do well in school, or on the contrary they are extremely intelligent.

Explanation:

is it easy or difficult to pass a bill into law?

Answers

Answer:

Difficult.

Explanation:

It has to be approved by the U.S. Senate and Represenitives. then it has to get approved by the president. If the president veto's it, then the Senate and Represenatives can override it but that is a long system.

Answer:

Difficult--because a lot of people have to approve it.

Explanation:

is it true or false Both the Senate and House of Representatives contain the same number of members from each state.

Answers

Answer:

false

Explanation:

the senate contains one hundred and the house varies

false. the senate contains 100.

Do you consider donations to a politician to be “free speech”? Explain why or why not

Answers

No, It is because it is still money.

The Magna Carta would put England in the long road to establishing a lawmaking body. What is this lawmaking body or legislature called?

Answers

Answer:

The answer is Parliament

Beethoven lost his hearing but continued to write music by doing what?

A.
transcribing what he heard

B.
getting help from friends

C.
feeling the frequencies of the notes on the piano sounding board

D.
listening intently

Answers

Answer:

C

Explanation:

I hope I helped!

Answer:

C) feeling the frequencies of the notes on the piano sounding board is the answer you are looking for :)

Explanation:

Hope this helps! :)

A job search should be treated like a full time job. Please select the best answer from the choices provided T F
false

Answers

Answer:

t

Explanation:

Answer:

The answer is True!

Explanation:

Match each economic term with its definition.

Answers

There’s no terms or definition

Answer:

measures general price changes occurring

in an economy - consumer price index

the total dollar amount of all goods,

services, and structures (buildings)

produced within a country in a year - gross domestic product (GDP)

when one country or organization has

the ability to produce a good or service

at a lower cost than competitors - comparative advantage

an increase in the supply of currency

that results in a decrease in the currency's

value and higher prices - inflation

the result of an alternative option that

is lost because you chose a different plan- opportunity costs

Explanation:

PLATO

who decides if a person can have rights

Answers

Answer:

International Human Rights Law; I've had a quizlet like a hour ago. I think that was the answer

Answer:

The international Human Rights law

Explanation:

Which illustrates the proper outline for a judge's opinion on a case?

O describing case facts, describing judicial opinion, analyzing law, applying precedent
describing judicial opinion, applying precedent, describing case facts, analyzing law

O analyzing law, applying precedent, describing case facts, describing judicial opinion

O applying precedent, describing case facts, analyzing law, describing judicial opinion

Answers

Answer:

Explanation:

A. describing case facts, describing judicial opinion, analyzing law, applying precedent

Answer:

A

Explanation:

Took the quiz

_______________ is a federal program to provide medical insurance for most persons older than 65 years of age.

Answers

Answer:

here's your answer

medicare

Explanation:

Medicare is our country's federal health insurance program for people age 65 or older. ... The program helps with the cost of health care, but it doesn't cover all medical expenses or the cost of most long-term care. You have choices for how you get Medicare coverage.

Answer:

medicare

Explanation:

yes it is indeed medicare

The governor of the state where Maria lives has just been convicted of not paying his taxes. Everyone who works is required to pay taxes, but the governor went five years without paying his taxes. Now, he must serve jail time, and he will be fined.

The punishment for Maria's governor shows the idea of

Answers

Answer:

I don't understand why Maria's government has to serve time for not paying taxes There are a lot of people in high positions that don't pay taxes. They lie about their taxes. Let's start with the nations capital Washington D.C. I think he should have gotten any time. That's just my personal opinion.

That would fall under tax evasion .

Which power gives the government the legal ability to build a new highway, even if it will go straight through your property?

1st Amendment with the power of assembling infrastructure

2nd Amendment with the power of declaring war zones

2nd Amendment with the power of declaring war zones

5th Amendment with the power of eminent domain​

Answers

Answer:The federal government's power of eminent domain has long been used in the United States to acquire property for public use.

Explanation:

Explain how the prompt below is an example of checks and balances between the three branches of government. “You just got pulled over by a police officer. He writes you a ticket for texting while driving. The only problem is you didn’t have your cellphone at the time, because you lost your phone on vacation with your family the week prior! There is nothing you can do in the moment about receiving the ticket, but... there is something you can do about having to pay the fine. In fact you may be a like to have the ticket removed from your record altogether!” Explain below how checks and balances may save your wallet money and your driving record.

Answers

Answer:Cause they can’t check it and if your doing good it helps

Explanation:

You are planning a hunt that will involve
strenuous physical activity. Well in
advance of the hunt, you should begin
to:
A
get in shape
B
pack your equipment
с
stalk your quarry
D
load your firearms

Answers

Answer:

b

Explanation:

The individual is planning to involve in the activity of hunt that involves strenuous physical activity and for this, he should begin to get in shape.

It's a matter of perception when it comes to the moment defining strenuous activity or vigorous exercise, as it depends on how difficult a particular activity feels to perform.

A brisk walk may be difficult for someone who is out of shape, but it may not be at all difficult for a marathon runner.

Before getting into the hunting activity, the individual has to get involved in the physical activities and that needs a person to be in the shape and the perfect desired adorable get up to perform the activity.  

Therefore, the correct option is A.

To know more about strenuous physical activity, refer to the link below:

https://brainly.com/question/1840279



Discus in detail why you think it is important or necessary to study the source of law of a given society.

Answers

Answer:

Often, the careful examination of where the roots of a given society's laws lie, can provide comprehensive insight in the core beliefs of the society as well as information on how they perceive the world. For instance, a law that dictates harsh punishments for petty crimes can lead the inference that that society values law and order and strives for perfection. Laws based on religious teachings can tell us that the society is religious and is not secular. Simple examinations on laws such as these can provide much insight on the character of the society. Often, law is the reflection of those who created it.

Of a gas , to become liquid

Answers

Answer:

Um one example is water vapor, when it condensates it turn it liquid also known as water

when liquid condenses/evaporates it turns into water vapor like when you are boiling water the water starts to evaporate and turn into water vapor

can u pls mark me brainliest

What is the limitation on soil and water conservation expense deduction a farmer may claim each year?

Answers

Congress limits the deduction of qualified soil and water conservation expenditures to 25% of gross income from farming. For this provision, gross income from farming is defined as income derived from the production of crops, fish, fruits, other agricultural products, or livestock

Do you think it would be useful to determine the chemical properties of any of the evidence? Why or why not?

Answers

Yes, because if there’s a strange substance near/in or on the victim that may be able to tell a cause of death. This isn’t that good srry

It is useful to determine the chemical properties of any of the evidence because if there is a strange substance near or on the victim that may be able to tell a cause of death.

What are chemical properties?

Chemical properties are any characteristics of a substance that can only be formed by changing its chemical identity. Chemical properties are those that manifest themselves during or after a chemical reaction.

Simply put, looking at or feeling a substance's chemical properties is impossible; instead, the substance's internal structure must be significantly altered in order to conduct an investigation into its chemical properties. When a substance undergoes a chemical reaction, it undergoes chemical change, which results in significant changes in its properties. However, a catalytic feature would be an additional chemical feature.

Therefore, the chemical properties of the evidence helps to determine the cause of death.

Learn more about Chemical properties here:

brainly.com/question/1935242

#SPJ2

When the techniques used on injured soldiers began to be applied to civilian trauma patients, both physicians and politicians started treating traumatic deaths as an abnormality, for many of the newest technologies that were applied to EMS produced immediate, quantifiable benefits. True False

Answers

Answer:

True

Explanation:

When the techniques used on injured soldiers began to be applied to civilian trauma patients, both physicians and politicians started treating traumatic deaths as an abnormality.

This however led to the development of a new technology. The technology was thereby applied to EMS and there was a great change as it produced immediate, quantifiable benefits.

Other Questions
how would you differentiate between acid and bases if the list of their chemical formula is given to you 6.Mention any 4 functions offederal legislature and explainany one. When delivering bad news about a patient'smedical condition to family members, what shoulda doctor do? Check all that apply.A)Avoid eye contact.B)Use comforting body language and othercues.C)Use specific, complex medical language toexplain the condition.D)Try to understand the emotions the familymay experience. Plz help need help would mean alot Annalise observes a streak of light in the sky and says she is seeing a shooting star. What is she most likely observing?a falling staran asteroida meteora dwarf planet 24. Which is NOT a reason for the decline of the Spanish missaA. Pirate raids along the coast destroyed many missions.B. Some Indians resettled in areas that were not served by the missions.C. Some missions were raided by Indians who were allied with the British.D. Once the Indians adopted Catholicism, the missions were no longer needed. calcula el 25%,35% y el 75% de 1255 Which oneeeeeeeeeeeee wendy buys a dress that costs $30.00 she pays 8% sales tax how much does she pay for the dress in tax I need this answer 5x + 10 = 6x 20 People of Islamic faith believe that the Jewish and Christian holy books contain religious truth, but only the contains the exact words of God WILL GIVE BRAINLIEST! What is 24 written as a percent? Which side won at Lexington and Concord?The BritishThe SpanishThe ColonistThe French Why are people who run away particularly vulnerable to traffickers?They are desperate for shelter and protection.They are often born into trafficking.They are more trusting of all strangers.They are looking for someone to take care of. Ren runs a hamburger stand and needs to clean up a seasons worth of grease buildup on the range hood over his griddle. explain what he should look for in a cleaning product that can handle a layer of grease Describe at least one major similarity and one the major difference between Ancient Mesopotamia and Ancient Egypt Mortar Corporation acquired 80 percent ownership of Granite Company on January 1, 20X7, for $173,000. At that date, the fair value of the noncontrolling interest was $43,250. The trial balances for the two companies on December 31, 20X7, included the following amounts:Item Mortar Corporation Granite Company Debit Credit Debit CreditCash $38,000 $25,000 Accounts Receivable 50,000 55,000 Inventory 240,000 100,000 Land 80,000 20,000 Buildings and Equipment 500,000 150,000 Investment in Granite Company Stock 202,000 Cost of Goods Sold 500,000 250,000 Depreciation Expense 25,000 15,000 Other Expenses 75,000 75,000 Dividends Declared 50,000 20,000 Accumulated Depreciation $155,000 $75,000 Accounts Payable 70,000 35,000Mortgages Payable 200,000 50,000Common Stock 300,000 50,000Retained Earnings 290,000 100,00Sales 700,000 400,00Income from Subsidiary 45,000 $1,760,000 $1,760,000 $710,000 $710,000 Additional Information: a. On January 1, 20X7, Granite reported net assets with a book value of $150,000 and a fair value of $191,250. b. Accumulated depreciation on Buildings and Equipment was $60,000 on the acquisition date. c. Granite's depreciable assets had an estimated economic life of 11 years on the date of combination. d. The difference between fair value and book value of Granite's net assets is related entirely to buildings and equipment. Required:Give all journal entries recorded by Mortar related to its investment in Granite during 20X7. I need help I already started on some of it but I am stuck please help I would appreciate it all you have to do is draw a line from one bubble to the other look at the picture for an example thank you so much! Help? Please? This is algebra math Which expression is equivalent to the given expression?2x^2 14x + 24