NCR Corp. v. Korala Associates, Ltd. United States Court of Appeals, Sixth Circuit, 512 F.3d 807 (2008). COMPANY PROFILE In 1884, John H. Patterson founded the National Cash Register Company (NCR), maker of the first mechanical cash registers. In 1906, NCR created a cash register run by an electric motor. By 1914, the company had developed one of the first automated credit systems. By the 1950s, NCR had branched out into transistorized business computers, and later it expanded into liquid crystal displays and data warehousing. Today, NCR is a worldwide provider of automated teller machines (ATMs), integrated hardware and software systems, and related maintenance and support services. More than 300,000 NCR ATMs are installed throughout the world. BACKGROUND AND FACTS To upgrade the security of its ATMs, NCR developed a software solution to install in all of its machines. At the same time, Korala Associates, Ltd. (KAL), claimed to have developed a similar security upgrade for NCR's ATMs. Indeed, KAL had entered into a contract with NCR in 1998 (the "1998 Agreement") to develop such software. To facilitate that process, NCR had loaned to KAL a proprietary ATM that contained copyrighted software called APTRA XFS. NCR alleged that KAL had "obtained access to, made unauthorized use of, and engaged in unauthorized copying of the APTRA XFS software." NCR further claimed that KAL had developed its version of the security upgrade only by engaging in this unauthorized activity. When NCR brought a suit claiming copyright infringement, KAL moved to compel arbitration under the terms of the 1998 Agreement. At trial, KAL prevailed. NCR appealed the order compelling arbitration. IN THE LANGUAGE OF THE COURT Chief Justice BATCHELDER delivered the opinion of the court. The arbitration clause contained within the 1998 Agreement provides that: Any controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall be appointed upon the mutual agreement of both parties failing which both parties will agree to be subject to any arbitrator that shall be chosen by the President of the Law Society. The parties do not dispute that a valid agreement to arbitrate exists; rather the issue of contention is whether NCR's claims fall within the substantive scope of the agreement. As a matter of federal law, any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration. Despite this strong presumption in favor of arbitration, "arbitration is a matter of contract between the parties, and one cannot be required to submit to arbitration a dispute which it has not agreed to submit to arbitration." When faced with a broad arbitration clause, such as one covering any dispute arising out of an agreement, a court should follow the presumption of arbitration and resolve doubts in favor of arbitration. Indeed, in such a case, only an express provision excluding a specific dispute, or the most forceful evidence of a purpose to exclude the claim from arbitration, will remove the dispute from consideration by the arbitrators. [Emphasis added.] ⋆∗∗ It is sufficient that a court would have to reference the 1998 Agreement for part of NCR's direct [copyright] infringement claim. Under these circumstances, we find that the copyright infringement claim as to APTRA XFS falls within the scope of the arbitration agreement. DECISION AND REMEDY The U.S. Court of Appeals for the Sixth Circuit affirmed the part of the district court's decision compelling arbitration of NCR's claims of direct copyright infringement relating to the APTRAXFS software. THE LEGAL ENVIRONMENT DIMENSION Why did NCR not want its claims decided by arbitration? THE ETHICAL DIMENSION Could NCR have a claim that KAL engaged in unfair competition because KAL engaged in unethical business practices? (Hint: Unfair competition may occur when one party deceives the public into believing that its goods are the goods of another.) Why or why not?Please follow the outline:

Issue

Rule of Law

Analysis

Conclusion

Answer:

no

Explanation:

just because we have language barrier doesn't mean we have view someone differently

When we speak a different language or have a different culture, we seem 'alien' or foreign to those who do not follow the same as us. This makes us view each other differently as we do not have the knowledge to understand what the other person is doing, saying, or even implying.

It is true that language is an important factor in one's identity and belonging. It also determines who we are as a person, and reveals or is indicative of our origin.

When we don't understand a person with a different language, or culture, or language identity, we tend to view them differently because of the feeling of being different, strange in some sort, or even completely unique to us. This 'difference' makes them as 'the other', another type, and being seen as separate or unrelated.

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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 .

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Answer:

The answer is law enforcement

Law enforcement are generally beyond the responsibility of local government.

Law enforcement are government agency or body that enforce law.

These people act in a well organized way to make sure that rules and regulations are abided to.

Local government responsibility is not to manage or enforce law.

Therefore, Law enforcement are generally beyond the responsibility of local government.

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Answer:

The U.S. death penalty system flagrantly violates human rights law. It is often applied in an arbitrary and discriminatory manner without affording vital due process rights. Moreover, methods of execution and death row conditions have been condemned as cruel, inhumane, or degrading treatment and even torture.

Explanation:

The length of imprisonment for a conviction of boat operation under the influence (BUI) varies depending on the jurisdiction, circumstances of the case, and prior criminal record.

The length of imprisonment for a conviction of boat operation under the influence (BUI) varies depending on the jurisdiction, circumstances of the case, and prior criminal record. In most states, a first-time offense can result in up to 6 months in jail, while subsequent offenses can lead to longer sentences, with some jurisdictions imposing up to several years in prison. Additionally, some states have mandatory minimum sentences for BUI convictions, which means that the judge has little discretion in imposing a sentence.
In addition to imprisonment, a BUI conviction can also result in fines, probation, community service, and the loss of boating privileges. Furthermore, a BUI conviction can have serious consequences beyond the legal system, such as the loss of job opportunities, a damaged reputation, and higher insurance premiums. Therefore, it is important to understand the serious nature of BUI charges and to avoid operating a boat while under the influence of drugs or alcohol.

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Answer:

A fixed annuity is an insurance contract that pays a guaranteed rate of interest on the owner's contributions and later provides a guaranteed income

Explanation:A fixed annuity is an insurance contract that pays a guaranteed rate of interest on the owner's contributions and later provides a guaranteed income

The insurance firm sets the rates for current interest rates that are announced and credited to traditional fixed annuities.

An annuity is a flexible contract offered by an insurance firm that converts an investor's premiums into a steady source of income.

The future annuity payments are determined by the sort of annuity that a person choose.

The current interest rates are determined by the insurance companies. The issuing insurance company sets these rates at its discretion.

Therefore, an annuity is the series of payment and receipts that a person paid or received in installments.

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True, After the jury renders its verdict, Verna's attorney can file a motion

When a new trial is held, the court case is repeated. A new trial may be ordered for part or all of the concerns from the previous study. According to national legislation and the court judgment that authorized it, the following situations may warrant a new trial:

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The statement is false. If a non-attorney party unintentionally misrepresents the law in a contract, the other party generally cannot rescind the contract solely on that basis.

The misrepresentation of the law by a non-attorney is not typically considered a valid ground for contract rescission.In contract law, misrepresentation refers to a false statement of fact made by one party to induce the other party to enter into the contract. While misrepresentation of law can be a valid ground for rescission if the misrepresentation is made by an attorney or someone in a professional legal capacity, the same does not apply to non-attorney parties.

Generally, the principle of "caveat emptor" or "buyer beware" applies, meaning it is the responsibility of each party to understand and be aware of the legal consequences of the contract they enter into. Unless there are other grounds for rescission, such as fraud or mutual mistake, unintentional misrepresentation of the law by a non-attorney party would not typically provide a basis for contract rescission.

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Third option is correct. Cabinet members report to the president.

About President

The head of state and govt of the United States of America is the president of the United States (POTUS). The president serves as both the head of the executive branch and the supreme commander of the armed forces of the United States.

Since George Washington became the first president in 1789, the presidency has gained a great deal of power. Although the scope of the presidency has fluctuated over time, it has played a significant role in American politics since the turn of the 20th century, particularly under the administration of Franklin D. Roosevelt. As the head of the last remaining global superpower, the president is currently regarded as one of the most powerful political personalities in the world.

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Answer:

v

Explanation:

h

In the aftermath of the attacks of September 11, 2001, courts have wrestled with the issue of balancing national security concerns with individual civil liberties. The government has argued that certain measures, such as warrantless wiretapping and detention of suspected terrorists without trial, are necessary to prevent future attacks.

However, critics argue that these measures violate fundamental constitutional rights such as due process and the right to privacy.

Courts have attempted to strike a balance between these competing interests. For example, in the landmark case Hamdi v. Rumsfeld, the Supreme Court held that the government may detain a suspected terrorist as an enemy combatant, but that individual has the right to challenge their detention in court. Similarly, in United States v. Jones, the Court held that warrantless GPS tracking of a suspect's car violated the Fourth Amendment's prohibition against unreasonable searches and seizures.

Overall, the issue of balancing national security and civil liberties remains a complex and ongoing challenge for courts, policymakers, and society as a whole.
In the aftermath of the September 11, 2001 attacks, courts have wrestled with the issue of balancing national security and individual rights. This challenge arises as the government takes necessary measures to prevent terrorism and ensure public safety, while also respecting civil liberties.

One prominent example is the USA PATRIOT Act, which was enacted shortly after the 9/11 attacks. This legislation expanded the government's surveillance and investigative powers, leading to debates on its impact on privacy rights and civil liberties. Courts have had to assess the constitutionality of these measures, often weighing the benefits of enhanced security against potential infringements on individual rights.

Another issue that emerged is the treatment of detainees in the war on terror. Courts have examined questions regarding the legality of indefinite detention, habeas corpus rights, and the use of military commissions for trying non-citizens accused of terrorism. These cases often involve complex interpretations of both domestic and international law.

In conclusion, the aftermath of the September 11 attacks has presented courts with significant challenges in striking a balance between national security and individual rights. Through examining the constitutionality of measures such as the PATRIOT Act and addressing detainee rights, courts play a vital role in upholding the rule of law and protecting civil liberties in times of crisis.

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The Chinese Exclusion Act of 1882 was a federal law that restricted immigration of Chinese laborers to the United States and prohibited Chinese immigrants from becoming naturalized citizens.

The law had a significant impact on Chinese immigrants who were already in the United States, as it created a climate of discrimination and hostility towards Chinese people and led to the formation of anti-Chinese organizations and movements.

Many Chinese immigrants who were already in the United States faced increased discrimination, harassment, and violence, as well as exclusion from jobs and housing opportunities. The law also made it difficult for Chinese immigrants to travel abroad and return to the United States, as they were required to obtain certificates of reentry that were often difficult to obtain or outright denied.

The Chinese Exclusion Act was in effect until 1943, and its legacy continued to affect Chinese Americans and other Asian Americans for many years. It was not until 1965 that a new immigration law was passed that abolished national origin quotas and allowed for more diverse immigration patterns to the United States.

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The Preamble to the United States Constitution serves as an introduction to the main text of the Constitution and sets forth the purposes and objectives for which the Constitution was written.

It states the general principles on which the Constitution is based and provides a concise summary of the government established by the document. The Preamble sets the tone for the entire Constitution and serves as a guide for interpreting the rest of the document. It expresses the intention of the framers of the Constitution and reflects the aspirations of the American people for a more perfect union. The Preamble is not a legally enforceable part of the Constitution but it plays an important role in shaping the understanding of the document's overall purpose and goals.

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Option (d), Cities and counties have far harsher laws that must be followed. Several states let local governments to set the educational requirements for private security guards.

Private security is described as security provided by a person other than a government employee to secure or defend individuals, property, or both. This includes the provision of armored vehicle service. Private security services are offered to clients by private firms for a fee.

Private security is essential for ensuring the protection of people, objects, sensitive business information, and intellectual property.

It has to do with a person's ability to make their own decisions about the timing, manner, and purpose in which others handle their personal information. Privacy must be preserved if human rights to safety, autonomy, and dignity are to be upheld. Individuals have the freedom to develop their own unique selves.

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Answer:

You have to be at least 35 to be able to run for president.

Explanation:

Hope this helps! If it does, please mark me brainliest! Thank you! ;)

As directed by the Constitution, a presidential candidate must be a natural-born citizen of the United States, a resident for 14 years, and 35 years of age or older.

Answer:

Matric learners are the growing children in school.  They face interpersonal conflict with their peers due to differences in ideology.

Explanation:

Matric learners, or high school seniors, may be more likely to experience interpersonal conflict with their peers due to the stress and pressure of preparing for final exams and the transition to post-secondary education.

One who has recently been accepted into college or university and isn't well suited to such living circumstances is referred to as a matriculant. When an individual experiences intrapersonal conflict, they become disoriented and lose attention, which affects their performance and ability to engage with others.

As matric is the final year of high school, there may be heightened competition and tension among students as they strive to achieve good grades and secure admission to their desired colleges or universities. This can lead to conflicts over study groups, academic performance, and other related issues.

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Answer:

A counterclaim helps support the writer position in an argumentative essay because The counterclaim shows how the opposing opinion is incorrect, as you write, think about your audience.

Answer:

The counterclaim shows how the opposing opinion is incorrect.

Explanation:

edge 2021

Answer:

Its probably D. Oxycodone

Dont do drugs :v

Oxycodone is not considered a stimulant. Drugs in the stimulant family hasten the transmission of signals between the brain and body. They may awaken, alert, boost confidence, or energize a person. Thus, option D is correct.

Caffeine, nicotine, amphetamines, and cocaine are examples of stimulants. Overstimulation brought on by high dosages might result in agitation, hostility, panic attacks, seizures, migraines, stomach pains, and paranoia.

The prolonged use of strong stimulants may have negative repercussions. Stimulants come in a variety of forms, including pills, capsules, powders, small chunks of transparent crystals, and a white or brownish powder that resembles crystals and has a strong odor and unpleasant taste.

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Answer:

In the United States, the use of deadly force by a police officer is generally considered to be legal if the officer reasonably believes that it is necessary to protect themselves or others from imminent danger of death or serious bodily injury. This is known as the "defense of life" doctrine.

However, whether or not the use of deadly force was legally justified in a specific situation can be a complex question that depends on a variety of factors, such as the specific circumstances of the incident, the training and experience of the officer, and the laws and policies of the jurisdiction in which the incident occurred.

It is important to note that the use of deadly force is considered to be a last resort, and officers are expected to use other means of force, such as verbal commands, physical restraint, or non-lethal weapons, before resorting to deadly force.

Explanation:

If all fungi on Earth ceased to exist, the local carbon cycle would be severely disrupted.

Fungi play a crucial role in the carbon cycle by breaking down dead organic matter and releasing carbon back into the atmosphere. Without fungi, this dead matter would accumulate, and the carbon in it would be unavailable to other organisms. Additionally, fungi form symbiotic relationships with plants, facilitating nutrient uptake and exchanging carbon for nutrients. Without fungi, plants would struggle to access nutrients, leading to a reduction in their growth and productivity. Overall, the absence of fungi would result in a significant decrease in carbon cycling and could have cascading effects on entire ecosystems.

Fungi are essential decomposers in ecosystems, breaking down dead organic matter and releasing nutrients back into the soil. In this process, they also release carbon back into the atmosphere, making them a vital component of the carbon cycle. Fungi also play an important role in the cycling of nutrients by forming mutualistic relationships with plants. For example, mycorrhizal fungi form associations with plant roots, helping plants absorb nutrients such as phosphorus in exchange for carbon.

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Answer:

why would you change the power of the president? is this a test or quiz question, because if so I can answer it

Explanation:

Answer:

osha

Explanation:

The Clerk gives the bill a legislative number. The Speaker, assisted by the Parliamentarian, then refers the measure to the relevant committee or committees in accordance with the House's procedures. The Congressional Record's subsequent edition includes the bill number and committee referral. In Senate, all bills are typically known as to committee.

In the House, payments then are referred via way of means of the Speaker, on the recommendation of the nonpartisan parliamentarian, to all committees which have jurisdiction over the provisions withinside the invoice, as decided via way of means of the chamber’s status guidelines and beyond referral decisions. Most payments fall below the jurisdiction of 1 committee. If a couple of committees are concerned and obtain the invoice, every committee may go most effective at the part of the invoice below its jurisdiction. One of these committees may be detailed the number one committee of jurisdiction and could probable take the lead on any motion that could occur.

In the Senate, payments are commonly noted committee in a comparable process, aleven though in nearly all cases, the invoice is noted most effective the committee with jurisdiction over the difficulty that predominates withinside the invoice. In a confined range of cases, a invoice won't be noted committee, however alternatively be located without delay at the Senate Calendar of Business thru a sequence of procedural steps at the floor.

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Correct Question:

What happens after a bill has been introduced into Congress then in the Senate at last in the House ?

Answer:

I would say False

Explanation:

Anything that is between a doctor and patient is confidential, even their personal notes because it has to do with the patient.  

Natural law is a set of moral and political rules based on divine law and is binding on all people. Natural law refers to a moral code or set of ethical principles that are believed to be inherent in human nature and can be discerned through reason and observation.

It is often associated with the idea that certain fundamental rights and obligations are universally applicable to all people, regardless of culture or tradition. In many religious traditions, natural law is seen as the embodiment of divine law or the will of God, and therefore carries a spiritual or religious dimension. However, natural law can also be understood in secular terms, as a set of principles that are derived from human nature and can be used to guide human behavior and decision-making. Overall, natural law is a concept that has been influential in many different fields, including philosophy, theology, law, and politics, and has played an important role in shaping our understanding of morality and ethics.

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Answer:

it would be D, a witness.

Explanation:

bailiff is in charge of court room security

plaintiff is the person bringing the charges

defendant is the person accused of a crime or some kind of wrong doing

Answer:

D a witness

Explanation:

he or she tells the truth

It is True.

Medicare Advantage Plans are an additional option for getting Medicare Part A and Part B coverage. Medicare Advantage Plans, often known as "Part C" or "MA Plans," are provided by Medicare-approved private organisations that must adhere to Medicare requirements. The majority of Medicare Advantage Plans provide medication coverage (Part D). In most circumstances, you must use health-care providers who are part of the plan's network. These plans restrict your out-of-pocket expenses for covered services each year.

Some plans provide non-emergency coverage outside of the network, albeit at a greater cost. Remember that you must utilize your Medicare Advantage Plan's card to obtain Medicare-covered services.

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Answer:

A. Writ of certiorari

Explanation:

writ of certiorari - An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal. The Supreme Court is usually not required to hear appeals of cases.

Answer:

The answer is Writ of certioria

Explanation:

I took the quiz and got it right.