In a wrongful death action for the death of his wife in an automobile accident, the plaintiff alleged that the accident was caused by a mudflap assembly that fell off the defendant's truck. The plaintiff wishes to introduce the testimony of a witness, another truck driver who was on the same highway at the time, who heard someone tell the defendant over CB radio that he had noticed at the truck stop that the defendant's mudflap assembly on his truck was loose. The witness does not know the identity of the person who gave the warning. Should the court admit the testimony

Answers

Answer 1

Answer: Yes. The court should admit the testimony.

Explanation:

Based on the information given, the court should admit the testimony in order to prove that the defendant was aware about the fact that the mudflap assembly was loose.

This can be infered from the information given from the testimony of

the witness, whom was another truck driver who was on the same highway at the time, as he heard someone tell the defendant over CB radio that he had noticed at the truck stop that the defendant's mudflap assembly on his truck was loose.


Related Questions

QUESTION 18
Indicate the correct statement:
(1) An ex parte application is the motion application used when there is no dispute of facts
(2) Action proceedings is another type of motion application and the procedure is started by a
notice of motion
(3) In criminal cases a procedure is started with action proceedings
(4) The parties in a criminal case are the prosecutor and the defendant

Answers

Answer:

2 or 4 is correct

Explanation:

step by step explanation

The correct statement in the given question is (4) statement.

Statement (1) - Ex Parte Application

Ex parte application is used in civil procedure and is used to refer to motions for orders that can be granted without waiting for the response from the other side.

These orders are only in place until further hearing can be held such as temporary restraining order .

Under U.S.A law , court are hesitant to make ex parte motion because according to 5th amendment and 14th amendment, there is a guarantee of right to due process and ex parte leads to the violation of excluded party's right to due process.

Statement (2)- Action Proceedings

Action Proceedings refers to a judicial proceedings where a party brings a civil or criminal case against another party, an action has been brought against the other party.

It is not a type of motion application and is used in cases such as:

- presence of material disputes in facts

- it is instituted by summons

- evidence to be relied upon in supporting the claim and is not disclosed in the statement

- exchange of pleadings are involved

-evidence in the form of testimonies and documentary is given to prove the claims

- more expensive and time consuming

Statement (3)- Arrest

In criminal cases a procedure is started with Arrest.

An arrest is made with an arrest warrant and may be made with or without warrant if probable cause and exigent circumstances are presented at the time of Arrest.

The right to make warrantless arrests are commonly defined and limited by statutes subject to due process guaranteed by U.S.A Constitution.

Statement (4)- Prosecutor and Defendant

These both terms are related strictly to Criminal Law.

Prosecutor- Legal representative of the prosecution in the states with the criminal law system. The prosecution is the legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law.

A lawyer who initiates prosecution of criminal offences and present s the case for prosecution in a criminal proceedings

Defendant- Defendant is a person who is the party either accused of committing a crime or criminal prosecution

Thus the parties in criminal case are the prosecutor and the defendant.

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The theft of currency over a long period of time that tends to be commissioned for a modest amount of money but may not be considered to be financially damaging is called
ATM burglaries.
embezzlement.
forgery.
credit card fraud.

Answers

Answer:

the answer is embezzlement

The answer is - Embezzlement

A plaintiff sues her employer for sexual harassment. During the trial, the plaintiff attempts to introduce into evidence company records that include written complaints from other employees alleging that they too were sexually harassed by the employer. The defense objects to the admission of the records on the basis of hearsay. Should the objection be sustained?

Answers

Answer:

no

Explanation:

The evidence is most likely valid and can be useful so the judge shouldn't Sustain it.

No, Hearsay rule is the rule prohibiting hearsay (out of court statements offered as proof of that statement) from being admitted as evidence because of the inability of the other party to cross-examine the maker of the statement.

What is considered hearsay evidence?

Hearsay evidence is evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated.

Why hearsay is admissible?

The hearsay rule does not exclude the evidence if it is an operative fact. Language of commercial offer and acceptance is also admissible over a hearsay exception because the statements have independent legal significance. Double hearsay is a hearsay statement that contains another hearsay statement itself.

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Yes or no; Is it possible to have as many representatives as people, if government wants to prevent abuse of power?

Answers

Answer:

yes because if power stay in the hands of one person He can't control everything and also he can use it to abuse others

Which of the following crimes is a low-profile crime that typically involves stealing a large amount of money over a long period of time?
burglary
larceny
fraud
embezzlement

Answers

Answer:

the answer is embezzlement

Answer:

Embezzlement

relationship between legislation and case law​

Answers

Explanation:

Common law or case law is law as declared by judges. Legislation is the primary source of law today and all cases start with interpreting the legislation as made by Commonwealth and the States. There are a few notable exceptions to this rule that are common law jurisdictions.

Answer:

Common law or case law is law as declared by judges. Legislation is the primary source of law today and all cases start with interpreting the legislation as made by Commonwealth and the States. There are a few notable exceptions to this rule that are common law jurisdictions

what has 4 eyes but cant see?​

Answers

Answer:

MISSISSIPPI

Explanation:

mark me brilliant

Mississippi. It has 4 eyes but can’t see

Law Enforcement can issue a DUI for driving under the influence of prescription drugs just as they would for
someone who wad been drinking and driving.
A. True.
B. False.

Answers

It is TRUE I have worked as a deputy for 5 years now, and they do get treated the same.

Impairment simply is impairment

The statement" Law Enforcement can issue a DUI for driving under the influence of prescription drugs just as they would for someone who wad been drinking and driving" is True.

What is Law Enforcement?

Law enforcement is the practice of some members of the government acting in a planned manner to uphold the law by identifying, discouraging, treating or punishing those who disobey the laws and social standards that govern that society.

The phrase refers to the legal system, courts, and prisons. By using record sharing and interdependent collaboration, these three elements can function alone or jointly.

The idea of law enforcement has been around since the dawn of time, and police and law enforcement have taken many different forms in all human communities.

The term "peace officer," or "law enforcement officer," is used in modern state legal codes to refer to every person who the legislating state has invested with police power or authority. Traditionally, law enforcement refers to anyone who is sworn or badged and has the authority to detain anyone for violating the law.

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How Can We Obtain Divorce Certificate in Pakistan?

Answers

Answer:

The Process to get the divorce certificate in Pakistan is very long and difficult. ...

1- Provide the legal documents.

2- Prepare the application for a divorce certificate.

3- File the Application in court for a divorce certificate.

4- After proceeding, you can easily get the divorce certificate.

You must submit a report to the DMV within 15 days of a traffic accident on a Traffic accident report form. True or false?

Answers

Answer:

False

Explanation:

Quizlet - Unit 6 Lesson 3: Procedures When Involved In An Accident

First question.

The ABC Company is going to be incorporated in the form of a private company. As a promoter, Minh signed a contract with an Equipment provider. Before incorporation, ABC Corporation paid half of the contract via bank account. After incorporation, the company ABC transferred a third of the contract to the Equipment provider’s bank account, then stopped paying. Does Minh have to pay the remaining of the contract?

Answers

Answer:

Minh doesn't have to continue paying for the contract.

What is the first step when investigating an arson?
Photograph the scene of the fire.
Question witnesses who observed the fire burning.
Identify the "plant"—the material used to set the fire.
Identify the point of origin of the fire.

Answers

Answer:

identify the plant - the material that used to set the fire

mọi quy tắc xử sự tồn tại tròn xã hội có nhà nước đều là pháp luật đúng hay sai? Giải thích

Answers

Answer:

Sai lầm

Explanation:

Mọi quy tắc xử sự tồn tại trong xã hội có nhà nước đều là pháp luật.

Sai. Các quan hệ xã hội của chúng ta được điều chỉnh bơi các quy phạm đao đức và các quy phạm pháp luật, mà các quy phạm đạo đức thì có thể đượec thể chế hóa và đưa lên thành các quy phạm pháp luật nhưng không phải quy phạm đạo đức nào cũng được dưa lên thành luật cả. Tồn tại xã hội quyết định ý thức xã hội cho nên các quy tắc ứng xử đựoc coi là các chuẩn mực đạo đứa đó đó không nhất thiết phải được xem là pháp luật mà nó song song tồn tại trong xã hội

discuss three contributing factors that lead to human rights violation​

Answers

Answer:

Poverty,  Lack of education,  Lack of law enforcement.

Explanation:

Human rights violations occur when actions by state (or non-state) actors abuse, ignore, or deny basic human rights (including civil, political, cultural, social, and economic rights).

Question 15
Which situation is an example of an observational study?
A. Measuring the weights of patients who come for a check-up in a
hospital
B. Asking voters about the candidate they prefer
C. Testing the effectiveness of a new reading program by allowing a
classroom to use it and comparing the results with another
classroom that doesn't use it
D. Having customers who bought a certain type of car answer
questions about their satisfaction with the car
SUBMIT

Answers

Answer:

A. Measuring the weights of patients who come for a check-up in a

hospital

The situation that is an example of an observational study is measuring the weights of patients who come for a check-up in a hospital. The correct option is a.

What is an observational study?

The observational study draws inferences from a sample to a population where the independent variable is not under the control of the researcher because of ethical concerns or logistical constraints.

One common observational study is about the possible effect of a treatment on subjects, where the assignment of subjects into a treated group versus a control group is outside the control of the investigator. This is in contrast with experiments, such as randomized controlled trials, where each subject is randomly assigned to a treated group or a control group. Observational studies, for lacking an assignment mechanism, naturally present difficulties for inferential analysis.

A 2014 Cochrane review concluded that observational studies produce results similar to those conducted as randomized controlled trials.

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WHAT IS ONE OF THE MOST IMPORTANT FUNCTIONS OF ANY LEGAL SYSTEM?

Answers

Answer:

I think the answer for this question is money

I would say following the principles of the constitution and the bill of rights.

Select the correct answer.
Who can propose an amendment to the Constitution?
A a simple majority of Congress
B. the president
с.
the Supreme Court
D.
a two-thirds majority of Congress

Answers

The answer should be d

Answer:

d

Explanation:

a two-thirds majority of Congress


Provision that authorizes payment to anyone fairly entitled to insurance proceeds only one to the insurance proceeds by reason of having incurred expenses

Answers

Provision that authorizes payment to anyone who is fairly entitled to the insurance proceeds because of having incurred expenses on behalf of the insured for medical treatment and/or burial

Answer:

Facility of Payment Clause

Explanation:

Facility of Payment Clause was formulated to prevent the need to nominate any of the administrator, executor, or guardian to obtain the insurance benefits, and then immediately fasten the settlement of disputes among rival claimants without the unnecessarily wasting time and going through litigation.

Hence, in this case, the right answer is Facility of Payment Clause

How are members of house committees determined?

Answers

Types of Committees
There are three types of committees: standing, select, and joint.

Standing committees are permanent committees whose jurisdiction is identified in the House Rules.

Select committees are created by a resolution to conduct investigations or consider measures, usually on a specific topic, and are not renewed on a permanent basis.

Joint committees, such as the Joint Committee on Taxation, have both House and Senate members and typically conduct studies rather than consider measures.

Number of Standing Committees
There are currently 20 standing committees and one permanent select committee in the House. For current committee information, please refer to the website of the Clerk of the House.

Answer:

Each of the committees is determined at the beginning of each Congress by House leaders who set the number of committees and subcommittees, their size, and the ratio of majority to minority members on each panel.

Explanation:

Each of the committee is determined at the beginning of the Congress

Capacity and authority are two important concepts with regards to the normal day to day functioning of a company. With the aid of authoritative text, critically discuss the form and substance of these concepts.

Answers

Capacity occurs in the form of abilities whereas authority occurs in the form of  power.

Capacity refers to the ability of a person to use the given information for making a decision. A person that lacks capacity it means that its mind is impaired and he is unable to make a decision at that time while on the other hand, authority is the legitimate power that a person or a group of persons possess and use it over other people. In capacity, the person has something in the form of abilities whereas in authority, the person has something in the form of power which they used to implement its decision over other people.

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Need help with drivers Ed question

Answers

Answer:

It is a two way road

Explanation:

Traffic circles are generally two lanes going in, two lanes coming around and two lanes exiting the circle

Answer:

it's a two-way road I'm pretty sure

a learning style through which a skill is acquired when a student learns through experience is called​

Answers

The answer is experimental learning

When a bomb is suspected of being planted in a room, how is a search for the bomb generally conducted?
by starting at one end of the room, fanning out, and then proceeding until reaching the other end
by type of material: metal objects are inspected first, then plastic, then all others
by height, starting below hip level then working upward, sweeping around the room at each level
by dividing the room into quadrants, then sweeping one quadrant at a time

Answers

Answer:

how u doing

Explanation:

................................

How far should you stop from The nearest railroad crossing if a flagger is warning of a upcoming train

Answers

15-50 feet from the track of the railroad

Chủ thể nào bắt buộc là cá nhân đủ điều kiện theo quy định pháp luật:
a. Cổ đông sáng lập công ty cổ phần c. Thành viên hợp danh
b. Thành viên của công ty hợp danh d. Thành viên công ty TNHH

Answers

Answer:

What's this bro

Explanation:

kichdi aaaaaaa

jails never hold more than 1,000 prisoners

true or false

Answers

Answer:

False

Explanation:

The United States has the highest incarceration rate in the world. This is despite the national incarceration rate being at its lowest in 20 years. About 25% of the world’s total prison population is in the United States, which holds about 2.19 million prisoners as of 2019 (1.38 million in federal and state prisons, 745,200 in jails).

It false, i got the unit 8 for this question and it false

Explanation:

Can i study law after 10 in nepal ?

Answers

Answer:

Ten Plus Two (+2) program in Law is a two years program offered by National Examination Board (NEB). If someone is seeking to start their career in the administrative/legal sector then a degree in Law provides the perfect platform for putting you on the right path.

Answer:

yes

Explanation:

ookkokjshshhsjsjs

Qualifications for Jury Service

• Never have been convicted of a felony

• Not be currently on active duty in the military

• Not be already serving on another jury

• Be able to read and write in English

. ?

Which other qualification must a citizen meet before he or she can serve on a

jury?

A. Be at least 18 years old

B. Have completed military service

C. Not be enrolled in college

Answers

There are several qualifications for a citizen to be able to serve in a jury and one of them is that they should A. Be at least 18 years old.

What are the requirements to serve on a jury?

Only people who are aged 18 and above can serve in a jury because they are considered to be more mentally mature.

The person also has to be able to read and write in English and should have a clean record.

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A. Be at least 18 years old

What Is Actual Process of Divorce Certificate in Pakistan

Answers

Answer:

Divorce certificate Pakistan is issued when your divorce proceedings from the court of arbitration council get finalized

Marriage can be dissolved in any of the given ways i.e. divorce by the husband at his will without the intervention of a court commonly called a “Talaq”; by mutual consent of the husband and wife, without intervention of the court.

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Ms. Y went to Alluta Hotel together with her friends for the celebration of her birthday. At the close of the event her friends could not find some of their items and some complained of stomach upset from the food and beverage served. Given their social media presence, Ms. Y and her friends posted their complaints online. Discuss the legal issues arising from this situation.

Answers

Answer:

may be that ms.y and her friend is just spreading rumor about that hotel .. maybe she already had some issues with the people there ..and they were just doing it as a revenge ... it doesn't makes sense when we think no one complain except both of them

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