The definition of hearsay is “a statement a party offers in evidence to prove the truth of the matter asserted in the statement.” FRE 801(c)(2). Song’s testimony is not hearsay because Song is a party opponent in this case. FRE 801(d)(2)(A). In this case, the testimony would be admissible under FRE 804(b)(1) because the Kensington cooking class instructor is not available to testify under FRE 804(a)(4). Also, the instructor gave statement directly to Song at the cooking class in the same way that Song would be testifying at the trial. Moreover, the Defendant would be able to identify the instructor for cross-examination purposes plus Song would be on trial for cross-examination of the testimony for the truth of the matter asserted. FRE 804(b)(1). …show more content…
No reason appears why the instructor would have made such a statement unless it were true during the cooking class. Therefore, the statement is admissible under FRE 804(b)(3) to prove that Song was not negligent in her actions. In this case, Song only lit the grill and walked away because she recalled the Kensington cooking class instructor stating that she could lit the grill, let it get hot and leave the lid open to prep the food for as long as it took to get the food ready. Therefore, the statement is admissible under FRE 804(a)(4) for the purposes of this
2. The school should be held liable for Holbrook injury of there was no school supervision provided in the area Holbrook and other students were gathering.
Establishing negligence requires the plaintiff to prove the three elements of negligence before a court. The elements are that, the defendant owed the plaintiff a duty of care, the duty of care was breached, and that the harms suffered were directly related to the defendant’s breach. For a successful claims the plaintiff must satisfy all three by the balance of probabilities, which has been the case since Donohue v Stevenson. Simon must therefore prove that there was a duty of care owed to him by the defendant, his teacher, Mr Philpot. Therefore, he must prove that the harm suffered would have been reasonably foreseeable due to the actions or omission of the defendant. In this case, Mr Philpot owes Simon a duty of care, as it is reasonably foreseeable that a failure to provide sufficient supervision could result in injury when considering the nature of the environment they are in and the age of the students. Therefore, the first element is satisfied.
Rage Against the Machine’s single "Testify", the first song from their 1999 album 'The Battle of Los Angeles", is a commentary on the American public’s blindness or numbness to global issues such as war, politics, capitalism, wealth, and power through the filtering of information by the mass news media. As it relates to Sociology, “Testify” deals mainly with Marxist Conflict Theory, and also incorporates many of the topics we have learned about in class throughout the semester.
The above text is the hook to the poem “Mystery of Iniquity” Before going in depth with the first piece of the poem; something stands out in the first two stanzas: “iniquity” and “inequity”. According to Webster’s dictionary, inquity is defined as “gross injustice; a wicked act or thing” and inequity is defined as “injustice, unfairness; an instance of injustice or unfairness” (Merriam-Webster) Here Ms. Hill sets the tone for the rest of the poem. She explains that the unfairness of iniquity and inequity is a miserable feeling. She is talking directly to those that share her unfortunate circumstances of being treated unfairly in a state of misery. The pre verse that follows the hook brings the topic of religion into view. The first four lines in the pre-verse symbolize Biblical meaning and give way to religious pretext. The verse says
4. McDonald’s was liable for Mr. Faverty as per the jury’s decision. McDonald’s knew or had reason to know the number of hours Theurer had been working. It had a limit on working
For the most part, no. The statements will not be admissible because the acts of the Canadian police force, who were working outside of their jurisdiction, are subject to the Canadian Charter. Because of that violation, the accused’s right to counsel and right to silence were hindered. These violations were blatant and the evidence would not have been otherwise been discovered thus rendering the trial unfair. Consequently, the evidence of Mr. Cook’s statement shall be excluded.
Lambert’s Café Inc. (“Lambert’s Café”) will be held liable and found negligent for damages sustained by Troy Tucker (“Ms. Tucker”) as a result of food thrown at plaintiff while visiting the establishment. In this case, it was substantiated that the plaintiff was injured by the roll thrown by Ms. Garrett, an employee of Lambert’s Café who was, at the time of injury, working on behalf of the restaurant. The issues to look to then are: Did Lambert’s Café owe Ms. Tucker a duty of reasonable care? If Lambert’s Café did owe plaintiff a duty of reasonable care, was it breached by the throwing of the roll that resulted in permanent injuries sustained by Ms. Tucker?
The results of using the constructs of authenticity to evaluate music are therefore shown to be superfluous due to its foundations built upon opinions. Authenticity does not allow for a overall sound level of analysis as it relies upon a preconceived notion of what is authentic. These preconceived notions were more than likely criticised within their begins, thus leading to an endless evolution of authenticity. The quest for a composition to be utter authentic is an ongoing, impossible feat which will not be accomplished if the authenticity of music is based upon opinions. Therefore, Little Mix's cover of the Cameo song, Word Up demonstrates that ramifications that criticisms of authenticity. This is more clearly evident through analysing the
If you had to make a choice with nothing to choose from, how could you choose? Would your choice be the right decision since their is no guideline to your future? Listening to music can relieve stress and even a provide a guideline to the right choices. In the book The Outsiders written by S.E. Hinton, the Curtis brothers and other greasers have difficult choices they encounter that relate their life to the song "Give Me Back My Hometown" by Eric Church. The song relates to the actions of the boys, the dreams the greasers have of becoming better, and the need to own the streets in their area.
Singin’ in the Rain Genre Analysis Singin’ in the Rain (1952) is an American musical directed by Stanley Donen and Gene Kelly, who also stars as a lead in the film, alongside Donald O’Connor and Debbie Reynolds. Singin’ in the Rain is about a film studio converting from silent films to films with sound and its effects on the actors. Singin’ in the rain could be considered a hybrid film, due to its combination of the comedy, romance, and musical genres. Singin’ in the Rain plays on certain tropes to assure itself as a musical, mainly that of vibrant musical number with many actors on the screen at once singing and performing a choreographed dance multiple times in the film. Like in other musicals, the musical numbers happen spontaneously
The jury applied the law correctly since it was determined that McDonald’s was acting outside the parameters of peers, had been previously warned of and settled cases associated with scald burns, and did not properly or clearly notify patrons of the level of severity of the inherent danger. The standard of proof for success exists such that “the plaintiff must prove that the defendant knew or should have known that, without a warning, the product would be dangerous in its ordinary use…” (Kubasek, et. al., in Hartigan, ed., 2004, p. 172). In this case, the temperature of the item and the inadequate marking of the container, in the
In 1989 the rap group “Stop the Violence” was formed in response to the violence within the hip hop and African American community. Prior to the groups formation there were two fatal shooting incidents at hip hop concerts and in result the group formed and released a single called “Self Destruction” to touch on violence within the black community and in hopes to help put a stop to the violence. “Self Destruction” closely relates to Craig Werner’s three step process by showing that even though there may be evil within the black community, the African Americans need to find hope and rise above it.
What can I do to persuade strange music to lower their prices? I thought to myself as I looked at products and prices. I love strange music and all of the producers that work with you I also like the products that you sell such as the CDs, Shirts, posters, and bandanas., But the problem is that even tho the products are great I think that the prices are too high. So I think that if you were to lower the prices that you would get a lot more sales then you do now. I buy a lot of your products but it is starting to get to expensive and your products are Great!! So it is hard not to buy them but I think that even tho people are still buying the products that you should lower the prices. And think if people are buying your products now just think of how much more they would buy the products if you lower the prices.
The hearsay rule is based inherently on the concise definition of hearsay. In this regard, hearsay can be defined as any statement other than that made by an individual in the process of testifying at a hearing or trial, which is offered for purposes of affording evidence of truth pertaining to a particular matter. According to the Cornell University Law School (2014), the hearsay rue is the rule that prohibits out of court statements from being admitted as evidence at a trial. B and large, the hearsay rule is motivated intrinsically by the understanding in the belief that hearsay is unreliable. For example, if a witnessed stopped at a scene of a car accident and a survivor intimated to him or her that the driver caused the accident, this statement cannot be admitted as evidence to prove the same. It is imperative to understand that the hearsay rule, according to the Cornell University Law School, bars all such evidence, whether oral or written.
Major record companies and internationally known bands such as Metallica and many others soon realized how badly Napster was taking a toll on their profits resulting in a major lawsuit charging Napster with contributory and vicarious copyright infringement -(“Piracy and File-Sharing”). Napster appealed to the Ninth Circuit Court of Appeals. The Ninth Circuit Court noted that plaintiffs had established a prima facie case of direct copyright infringement, meaning that the record labels had to prove their ownership of the allegedly infringed content in order to establish their case -(“Piracy and File- Sharing”).