Cause Of Action

Question: Does an intoxicated driver have a cause of action under Missouri law when bar owner allows him to drive home? Does an intoxicated driver have a cause of action under Missouri law against a tavern owner if the intoxicated driver, after being served alcohol by the tavern owner or employee who knew or should have known that the driver was intoxicated, is involved in an automobile accident in which only the intoxicated driver himself is injured?

Answer: The drunk driver probably doesn't have a cause of action, but, depending on what the state dram shop laws say, a person who is hit by the drunk driver might have causes of action against both the drunk driver and the server of the alcohol.

Question: How Badly will Affirmative Action Cause America to Suffer as a Result of the 2008 Election?

Answer: It was the affirmative action type thinking that got us and the world into this huge financial mess through Freddie and Fanny. (oops, not supposed to say that, Barry said we shouldn't look to blame anyone) We can expect more of the same in the future, only they won't have a Republican to blame when their house of cards falls.

Question: What does show "cause of action" mean in a federal lawsuit? I'm suing my employer and their law firm wants to have the case dismissed because I failed to state a "cause of action" with regards to the defendants. I received a letter of "right to sue" from EEOC. I'm representing myself because I can't afford a lawyer and I'm not seeking very much money(back wages).

Answer: When you sue someone, the first thing they will say is that you failed to state a cause of action. What this means is that you need to say what law they broke, and exactly how they broke it. You say, "on this date this, this and this happened, in violation of XXXX law, title whatever', like that. You really should at least go consult a lawyer. If you find a good one, they may help you with at least your complaint or give you advice. If you can't do that, find a law library in your town (not the ordinary library) and go ask a librarian. I am an attorney and I hope this information helps you, but i have to say, it is just general information and not meant to substitute for the advice of a lawyer in your jurisdiction.

Question: What is the "cause of action" for debt owed? What is the "cause of action" for debt owed? For example, if a couple fails to follow the monthly payments of a loan and it keeps accruing. Is it a breach of contract?

Answer: In Texas, it can be suit on a "Sworn Account" or merely "Breach of Contract". The sworn account COA gives more benefits to the Creditor, so it is used the majority of the time when the facts can fit the statute. The case you cite would fall under the terms of a suit for a sworn account.

Question: Why does a myelination cause an action potential to travel faster down the axon? Now I understand that the myelination causes all the channels to compacted in the nodes of ranvier making an action potential appear to "jump" from node to node. But why is this faster then unmyelinated axons?

Answer: In order to understand why myelination improves the conduction of an action potential down the length of axon, you have to make sure you understand how propagation occurs. When you have a depolarizing stimulus at the axon hillock, Na+ channels open and allow and influx of Na+ into the cell. This influx causes a deploarization of the membrane adjacent to the axon hillock, and causes the opening of Na+ channels there. This process continues all the way down to the axon terminal. Now, in both unmyelinated and myelinated cells, Na/K ATPases are present along with Na+ and K+ channels, along the length of axon. If a cell is unmyelinated, it can pump Na+ back out into the ECF, causing a loss of conduction and decreasing the frequency of axon potentials. In myelinated cells, however, the myelin blocks these pumps from pumping Na+ out of the cell, and maintains concentrations. If Na/K ATPases are only able to pump Na+ ions out at the nodes of Ranvier, leakage will only occur there.

Question: Im Writing a book about a pandemic in Toronto.. What virus could i use tht would cause military action? ok, so WW3 has broken out and Russia has invaded north america. they are fighing onUSA soil but to keep canada occupied they dropped giant cannesets of sid virus. as a result the militairy has created a unit called BWPU which stands for Bio-Warfare-Protection-Unit.. what shuld the virus do to cause rioting and or the need for militairy action?

Answer: have a high kill, ratio airborn, ebola like symptoms are cool and scary so they could work well for your purposes. Some diseases with high fevers can cause agression and feed the riot mentality.

Question: how can a sensory receptor cell that is not part of an afferent neuron cause action potentials in that neuron?

Answer: AS THE WAVE OF EXCITATION FLOWS DOWN THE AXON TO THE END BUTTONS OF THE SENSORY NEURON---IT STIMULATES THE RELEASE OF NEURO-TRANSMITTORS INTO THE SYNAPSE BETWEEN IT AND THE ASSOCIATIVE NEURON. THE NEURO-TRANSMITTORS WILL CHANGE THE PERMEABILITY OF THE ASSOCIATIVE NEURON WHERE IT REACHES IT'S ACTION POTENTIAL AND FIRES UNTIL IT REACHES THE MOTOR NEURON WHICH IT STIMULATES

Question: What goes into a legal cause of action? Specific contents and layout? I am sure there is a specific layout and format that must be used as well as specific lines mentioned such as court, parties, facts, cause of action, but what is this template and what are the headings and order of placement?

Answer: It depends on what state or federal court you are filing in. Each state has different rules, as do the fed and municiple courts. Also, each local court may have local rules regarding filings. Therefore, to answer your question one would have to know what particular court you were filing in. Then you could check the state or fed rules and/or the local rules. Most of these can be found on the web page of the court in which you are filing.

Question: what was the actual cause of action the started the Irish revolution for independence? other than just wanting to be independent self governing, was there a specific incident that started it?

Answer: The movement for independence had been ongoing before the outbreak of WWI. Great Britain had granted Home Rule to the Irish in 1912 but decided to hold off giving independence until after the War. However, the Irish Volunteers kept at it during the War. The tension came to a head in 1916 in the Easter Rising, where the Irish revolted mainly in Dublin. 400 people were killed. In retaliation, Britain executed the Irish leaders and murdered Francis Sheehy-Skeffington. During that time WWI support was waning, so people were not that thrilled with being at war with anyone. Irish support was strengthened because Britain was perceived as making war with its own event though they didn't start it. British soldiers also commited some major atrocities, which strengthened support. Than Britain tried to conscript the Irish under Home Rule, which alienated more people and caused many demonstrations. So it really started at the Easter Rising.

Question: Does excessive government spending to finance military action cause inflation ? Does excessive government spending to finance military action cause inflation ? Historically have economies of nations that have high levels of government spending to finance a war , relative to GDP experienced high levels of inflation for years during and after ear ends

Answer: I think it has caused inflation historically. The reasons behind this are multi-dimensional i guess you could say. (many angles to look at it from and to look for a cause from). But from a pure theoretical social science point of view I guess you could think of it war as an unnatural obstruction of competitive market forces (everything becomes more socialistic in a way because the government is dominating spending) and so the result is a price bubble.

Question: Why can a strong stimulus cause another action potential during the relative refractory period? A. Because the NA+ channels are inactivated by the ball and cahin which can be reopened by a strong stimuli B. Because the NA+ channels have returned to their origical configuration at rest with the gate closed and the ball and chain hanging off of the channel on the cytoplasmic side of the membrane C. Because gated K+ channels can easily be reopened by a strong stimuli D. Because a strong stimuli will inactivate enzymes that destroy neurotransmitters

Answer: B. The absolute refractory period is when another action potential cannot be generated no matter how strong the stimulus is. This occurs because the “ball and chain” gate is closed. During the relative refractory period, the sodium channels are closed but can be reopened by a strong stimulus. The “ball and chain” is not in place. The stimulus needs to be stronger than usual because the diffusion of K+ out of the cell results in hyperpolarization. C is incorrect because the K+ channels are gradually closing during the relative refractory period, not reopening. D is incorrect because the relative refractory period has to do with action potential frequency, not neurotransmitters.

Question: Promissory Estoppel. Explain the doctrine of Promissory Estoppel as a shield and not a cause of action.? why is the doctrine of promissory estoppel considered as a shield and not a cause of action. please explaine with related cases and examples. Also would want to know the difference as stated in the rule in Pinnel's case. How it contradicts with the doctrine of Promissory Estoppel.

Answer: Reliance-based estoppels is the most important forms. Under English law, this class includes estoppel by representation of fact, promissory estoppel and proprietary estoppel (see Halsbury's Laws of England, Vol 16(2), 2003). But Wikipedia goes on to say (And who can disagree?) 'This article or section may be confusing or unclear.' So better put aside four or five weeks and refer to Halsbury's Laws of England.

Question: What is the trigger that causes action after a good nights sleep? Sometimes in the morning I lie awake. Then in the twinkling of an eye I'm rolling out of bed and moving. Its not my mind, saying get up now. Nor do I have any urgent need to use the bathroom. This definitely doesn't happen everyday but often enough that I'm curious as what cause my body to go from quiet relaxation to energetic rising.

Answer: it's your subconscious making you get moving.

Question: identify and describe the elements of a cause action based upon negligence?

Answer: 1) duty 2) breach 3)causation (actual and proximate) 4)damages you must meet all four elements for a negligence cause of action.

Question: What is the "cause of action" for a dishonored check? What is the proper name for the "cause of action" for a dishonored check? For example, if a $125.00 check was bounced and the person responsible for it did not pay the amount even though a notice was given. in Washington State.

Answer: It actually depends on where you are located. In Texas, Section 31.06 of the Penal Code is entitled "Presumption for Theft By Check" - so the answer to your question in Texas is "Theft by Check".

Question: what does this mean??statute of limitations begins on the day after the cause of action accrues? does that mean after the date of last activity or after the delinquent date? this is on my old apartment lease.

Answer: If it's a lease, then the cause of action is breach of contract. The begin date is the day after you breached the contract, which would be the day you failed to pay the rent when the rent was due.

Question: What is a private cause of action? I'm researching a case involving someone who was a paraplegic and was arrested by the police and the gentlemen got hurt in transportation, he is suing the police dept. I guess my question is how what makes the cause of action private? Thanks

Answer: A "private" cause of action generally means it is a civil cause of action, not a criminal one. Meaning, that the case would not result in time in jail or prison for the defendant. If the plaintiff prevails, the award would typically be monetary.

Question: What must be proven to establish a cause of action for fraud?

Answer: Fraud requires (1) a representation (2) of material fact, (3) falsity of the representation, (3) the speaker's knowledge of the falsity of the representation, (4) the speaker's intent that the misrepresentation be relied upon, (5) the hearer of the statement's lack of knowledge that the representation is false, (6) the hearer's reliance on the representation, (7) the hearer's right to rely on the representation, and (8) damages to the hearer based on his reliance on the misrepresentation. Definitions vary a little, but this is the gist of all of them.

Question: Under New york law ,what are the elements of a cause of action for breach of a common law contract? Citation of case? Citation of statute?

Answer: One example is provided at the website below.

Question: What are percautions to take to not have a miscarriage..what things/actions cause miscarriage? What are percautions to take to not have a miscarriage..what things/actions cause miscarriage? What are percautions to take to not have a miscarriage..what things/actions cause miscarriage? like what should a pregnant woment NOT do? Like I heard that pregant woment shouldnt sit in hot baths for long periods of time....what else should they not do? SO BASICALLY TO GET RID OF THIS KID I NEED TO SMOKE DOPE AND DRINK ALCOHOL AND NOTHING ELSE AND STOP EATING RIGHT? yeS hOW dO i Get rID OF iT? YES I NEED TO GET RID OF THE KID! I CANT KEEP IT AND I DONT WANT TO KEEP IT..AND ITS NOT A BABY YET..RIGHT NOW IT WOULD ONLY A PARASITE

Answer: If you are talking of self-termination of the pregnancy you need to think of the very real possibility that you will die too. Is it worth dying to avoid having a baby? Adopt it out.