PLAINTIFF’S MEMORANDUM IN OPPOSITION TO DEFENDANT’S MOTION FOR SUMMARY JUDGMENT FACTS AND BACKGROUND This case arises from a November 14, 2010 fire, which damaged a Dunkin Donuts (the “Property”) owned and operated by the Plaintiffs. The Plaintiff’s had hired the Defendant to renovate the property. The fire occurred while the Property was closed for renovations, and the Defendant was in sole possession and control of the Property during the renovation. The fire originated at or near a gas-fired
Res Judicata While res judicata is a judicial doctrine, it also applied to determinations made in administrative settings. (See Pacific Lumber Co. v. State Resources Control Board (2006) 37 Cal.4th 921, 944, citing People v. Sims (1982) 32 Cal.3d 468, 479; Hollywood Circle, Inc. v. Department of Alcoholic Beverage Control (1961) 55 Cal.2d 728, 732.) The United States Supreme Court has held in U.S. v. Utah Construction and Mining Co. that “When an administrative agency is acting in a judicial capacity
Religion in society has always been argued and has caused many disagreements between the people of the church and the people of the community and the church itself. Dating back to the 17th and 18th century, authors began speaking out about their views on hypocrisy and fanaticism of the religious body. Authors, Moliere and Voltaire began writing satirical stories expressing their views on the issues of religion. Moliere used his play, Tartuffe, to direct his readers to understand the hypocrisy and
The play begins with Orgon’s mother, Madame Pernelle, unleashing her unsolicited and shameless opinions upon her grandchildren as she prepares to take her leave. She begins with her grandson Damis, who she claims is a dunce, unworthy of his noble father’s love and affection. She then turns her attentions to his sister Mariane, who she believes to be a manipulative and mysterious girl who plays at being wholesome and shy. To her daughter-in-law Elmire, Madame Pernelle offers up her thoughts on Elmire’s
Story in Media Res Task: Write a story ‘in media res’ Target: Proper planning The Cafe Lucy and her brother Dec worked in the café which their parents owned. Recently they had been fighting a lot about work and having many petty arguments about nothing. The last few weeks have been tough on Lucy she has had to lie to their parents because of circumstances at home with Dec. Lucy was sitting at a table after they had shut up the café. She said “right, time to clear up I think” Dec
The French neoclassicism Tartuffe by Moliere and Shakespeare Midsummer Night’s Dream are comedies that use dishonesty and foolish love to teach life lessons. They begin their lessons from the onset of their titles (Miller, Reinert, Sophocles, Aristophanes, Shakespeare, Molière, Shakespeare, Ibsen, Čehov, Shaw, Glaspell, O 'Neil, Williams, Miller, Hansberry, Fugard, Jones, and Wilde 1). Tartuffe refers to an individual considered a religious hypocrite. In the play, Orgon falls for Tartuffe’s dishonesty
During her lecture, Lisa Vollendorf asked her audience to tell her one word, which they thought described the lives of women living in the seventeenth and eighteenth century. Some of the answers she received were ‘difficult’, ‘limited’, and ‘misogynistic’. Some people’s initial thought of women in the seventeenth and eighteenth century may be negative, but there is proof that there were women that made the most of their lives, no matter what issues came up or what challenges they faced. The women
Heroism in Prometheus Bound and Paradise Lost Heroism, the act of exhibiting noble or self-sacrificing conduct, and the appearance of heroism are two nearly indistinguishable manners. Their difference is the amount of depth contained, in definition. Heroism is an occupation. In determining if a character is heroic, the commentator must know the character’s intentions, manners, and desires. The appearance of heroism is a quality. To determine an appearance, the reader can use one piece of information
Comparing William Faulkner's Short Stories, A Rose for Emily and Dry September Three key elements link William Faulkner's two short stories "A Rose for Emily" and "Dry September": sex, death, and women (King 203). Staging his two stories against a backdrop of stereotypical characters and a southern code of honor, Faulkner deliberately withholds important details, fragments chronological times, and fuses the past with the present to imply the character's act and motivation. The characters
Tartuffe by Molière is a comedy of morals that easily portrays character weakness, and a variety of their different viewpoints. The women in Tartuffe are characters not normal to the gender belief of the seventeenth century period in which the play was written, because they seem to be the only characters who can take action or take a stand for what they believe is best for themselves or other characters. Molière depicts the women in his play as unconventional in order to counteract the traditional
myself OK, that’s it I took it and put it in the street. I thought they loved drains and gutters and all that but i guess not, it just sat there paralyzed on the sidewalk, Well, they 're not domestic animals, they’re not wild animals, I don 't really know where their natural habitat is. Dump them in the woods, they 're probably just as unhappy, so I don 't know where you’re suppose to put them.”. (7 Reza.) If this were a lifetime movie or a disney movie we would all sleep better at night because we
The Eyes of the Skin depicts a classic theory of architecture. The way it is written reflects the author’s inspiration by the Finish National Romanticism movement in the early twentieth century. In this book, the author, Pallasmaa defends the importance of touch in the comprehension of our everyday spaces. He discusses the hegemony of touch and how the other senses are an extension of it. In this book, Pallasmaa expands his arguments in two long essays. The way he organizes his debates, shows his
A misrepresentation is a false statement of fact made by one party to a contract to the other party before the contract was made and which was one of the factors which induced the other party to enter the contract. The burden of proof is on BSHC to prove that all the above has been satisfied. WildeJames have indeed made a false statement as they have not actually carried out the survey and have therefore advised BSHC of facts which are untrue. It doesn’t appear that the statement was one of opinion
The outcome of a trial, whether it be civil or criminal, can have a tremendous impact on the lives of the parties involved. It is the wish of any reasonable person that the perpetrator of an evil faces the penalties of his or her actions while the innocent be awarded a favorable outcome, whatever that entails. This is the outcome that any honest legal decision-marker strives to achieve. If the all the relevant facts were readily available and their authenticity assured, then a judge or jury could
“Are you believing in Santa Claus?” Have you asked this question to someone? Children would say “Yes,” but adults would say “No.” This is because children believe that Santa Claus gives them a lot of gifts on Christmas day, but adults know the gifts are given by their parents. Christmas is the most popular holiday all over the world, and most families get together and spend time on dinner in the United States. Children enjoy everything such as Santa Claus and reindeer as reality, but adults just
Today, most movie goers categorize ‘silent films’ into one genre and discard the stark differences that make Arrival of a Train at La Ciotat, The Great Train Robbery, and Broken Blossoms vastly dissimilar. In my opinion, these films clearly illustrate the evolution from silent film projection on a cafe wall to the birth of the hollywood that we know today. The profound contrast is most apparent in their stories, their performances, and the emotional response each film invokes. Collectively these
The silent era in film occurred between 1895 through 1929. It had a a major impact on film history, cinematically and musically. In silent films, the dialogue was seen through muted gestures, mime, and title cards from the beginning of the film to the end. The pioneers of the silent era were directors such as, D. W. Griffith, Robert Wiene and Edwin S. Porter. These groundbreaking directors brought films like first horror movie and the first action and western movie. Due to lack of color, the silent
“Let me simply say that our Administration has been served by many outstanding men and women, but few can match – and none exceed – the skill and dedication you brought to the post of Special Counsel” (Colson 1976). President Nixon wrote this letter to Cuck Colson only one year before Colson was indicted for conspiring to cover up the Watergate burglaries. Not even Colson could tell you how this all started, but in his
id=GALE%7CA30049448&v=2.1&u=vaniercol&it=r&p=GPS&sw=w Malcolmson, P., & Myers, R. (2009). The Canadian Regime: An Introduction to Parliamentary Government in Canada (4th ed.). Toronto, Ontario, Canada: University of Toronto Press. Toope, S. J. (1999). Re Reference by Governor in Council concerning certain questions relating to secession of Quebec from Canada. 161 D.L.R. (4th) 385. The American Journal of International Law, 93(2), 519-525. Retrieved from http://proxy4.vaniercollege.qc.ca:2118/stable/2998007
which leads to a decision having res judicata effect. Such decision is the result of the activity of one or more individuals whose power to determine the dispute derives from the common will of the parties’. The characteristic, in which arbitration is distinguishable from other forms of dispute resolution, is the most important character of the binding nature of the decisions. Bucher emphasizes the power of the arbitrator to render “an award which becomes res judicata in the same way as a judgment”