NEGLIGENCE The elements of negligence are set forth in the case of Carr v. Union Pac. R.R. Co., ____S.W.3d____, 2011 WL 4489982 (Tex. App.-Houston [4th District] 2011 no pet.), as follows: Elements: 1. The existence of a legal duty; 2. Breach of a legal duty; 3. Proximate causation, and; 4. Damages. Factual Background: This suit arises out of a train derailment occurring across the road from the Carr’s residence. The derailment caused one railcar to derail and spill the contents
What Violates the Fourth Amendment? “Unreasonable search and seizures shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” – Amendment IV The most controversial aspect of the fourth amendment is the debate over what constitutes as a legitimate search. Since the amendment’s addition to the constitution on December 15, 1791, citizens have questioned
82. Ms. Johnson was advised of the true facts on September 19, 2016, by Platt College Riverside’s President Michael Nielson, who informed Ms. Johnson of their rights to make the Paralegal Bachelor Studies Program unavailable as they deem necessary. 83. Specifically, Michael Nielson stated on September 19 2016, “We have the ability to run the Bachelors program whether we run or not is a different story.” 84. Platt College Riverside have made these representations without reasonable ground
disorder, we need to first understand what causes it. Researchers have been working diligently over the years, but the exact mechanism of what causes autism is still unknown. The extensive research has been able to rule out factors that do not contribute to autism and has made advancements in possible causative factors. As of right now, it appears that the source is possibly multi-factorial, just like the disorder. Theories that are believed to be a part of the cause include genetic, environmental, maternal
The Vaccine to Autism Connection It is amazing how much Americans trust doctors and more shocking, vaccines. Vaccines are injections we receive from the moment we are born and throughout our lives that are meant to keep our bodies from contracting various. A baby born in a hospital today can be given up to six shots before the mother is even in a place where she can conciously tell the doctor whether she is okay with that or not. It can take years to become aware of, but the early exposure to the
helicopter propellers, along with a camera staring right back at them. Then the trail of concerns and questions begin: Who is watching? Is someone taking photographic footage? Why are they watching? Aren’t they trespassing? Can this flying technology cause physical harm? In today’s society, these remote controlled small scaled flying pieces of technology are called domestic drones, also known as unmanned aerial vehicles (UAV’s) (“Using Drones”). These domestic drones range in size and have the ability
DEFENDANTS’ MOTION TO STRIKE PLAINTIFFS’ FOURTH AMENDED COMPLAINT PURSUANT TO SECTION 2-603, OR IN THE ALTERNATIVE, DISMISS COUNTS IV, V, VI VII, AND VIII PURSUANT TO SECTION 2-619.1 OF THE CODE OF CIVIL PROCEDURE Defendants, Gerry Goldman and Mary Goldman, by their attorneys, ADLER, MURPHY, & MCQUILLEN LLP, and respectfully moves this Court to dismiss their the Fourth Amended Complaint with prejudice pursuant to section 2-603 of the Code of Civil Procedure, or in the alternative, dismiss Counts
Introduction This case study is based on Environinvest Limited (Receivers and Managers Appointed)(in liquidation) vs Roger Neil Pescott & Ors (2012) and Environinvest Limited (Receivers and Managers Appointed) (in liquidation) vs Blackburne Pty Ltd (in liquidation) (2012). Environinvest Ltd was a corporation that manages investment schemes in the field of agriculture (Bloomberg Businessweek, 2014). The corporation was responsible in developing various agriculture investments under the care
Plaintiff, Dobbie Brown, a minor child, has brought a cause of action with his parents, Michael and Tina Brown against our client, defendant, Lawrence Vincent Smith for statutory liability under Florida’s dog bite statute. On October 31, 2009, around 9:30 p.m., Plaintiff, along with seven other children came
upon his own ideas, theories and experiments, argues against what he believes are incorrect conclusions. One idea that Aristotle argues specifically is teleology. Teleology is the idea that natural phenomena are determined not only by mechanical causes but by an overall design or purpose in nature. In this essay, I will examine what Aristotle's concept of teleology was and look at why he held this conception. First, let's talk about what we mean by teleology. Teleology is the study of