...BUSI 301 COURTROOM OBSERVATION PAPER Indiana Northern District Court Case Number 82a04-8876-cv285 Plaintiff: Deborah White Plaintiff representatives: Walsh Jackson and Amanda Babott Defendant: Patrick Gibbs and O’Malley’s Tavern Defendant Representatives: Benjamin Walton and Jordan Van Meter Defendant Council Overview: Jordan Van Meter and Benjamin Walton are representing the defendant who is Patrick Gibbs and O’Malley’s Tavern. The representing defense suggests that the Court give a summary judgment to John Daniels who was the bartender at O’Malley’s Tavern. The Plaintiff is seeking damages from the defendant, Patrick Gibbs and O’Malley’s tavern stating that Mr. Gibbs had knowledge of Mr. Hard’s intoxication. The Indiana Law. Ind Code Ann 7.1-5-10-15.5 2006 does require that a defendant have actual knowledge in order to recover damages. Constructive knowledge does not satisfy the presumption, only subjective knowledge. Circumstantial evidences cannot support constructive knowledge, but only actual knowledge. According to the 7th circuit court of Indiana, visible acts of intoxication are subjective. The bartender himself only saw Mr. Hard sitting on a stool drinking whiskey which is not an uncommon occurrence in a bar. The case that was cited in the courtroom, the Ash Lock case (Ashlock v. Norris, 475 N.E.2d 1167, 1170 Ind. Ct. App. 1985) was not as severe as this case. This specific bartender at O’Malley’s Tavern did not have actual knowledge of...
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...Courtroom Observation Name School Class Professor Date The case being tried is, number 82A04-8876-CV-285, Deborah White vs. Patrick Gibbs and O'Malley's Tavern. The case is being disputed in front of the U.S. District Court in the Northern District of Indiana. Deborah White is the plaintiff and Patrick Gibbs and O'Malley's Tavern are the defendants. Deborah White's attorney's are Amanda Babbit and Jackson Walsh. Benjamin Walton and Jordan Van Meter are the defense attorney's. “The State of Indiana requires that a plaintiff meet the following elements in order to recover damages: the defendant must have actual knowledge that the person to whom the alcoholic beverage was furnished was visibly intoxicated at the time the alcoholic beverage was furnished, and the intoxication of the person to whom the alcoholic beverage was furnished was a proximate cause of the death, injury, or damage alleged in the complaint” (Gumprecht, 1). This case is to dispute the law in regards to material fact against the State of Indiana and to also contend the defendant's action for summary grasp. However, the plaintiff decides to carry-on to a trial. On a Saturday evening, July 28, 2007, in Gary, Indiana Mr. Bruno and Mrs. Deborah White entered O'Malley's Tavern. A gentleman by the name of Edward Hard, who was Mrs. White's ex-fiancé, was also there. Mr. Hard approached the White's after they entered the bar to felicitate his best on their recent marriage. He then...
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...Chad Chambers BUSI301 Professor Martin September 25, 2011 Courtroom Observation The court case White vs. Patrick Gibbs and O’Malley’s Tavern took place in the United States District Court in the Northern District of Indiana. The defendants, Patrick Gibbs and O’Malley’s Tavern are pursuing a summary judgment. Summary judgment is the resolution of a case without trial if the judge deems that there are no disputes to the material facts of the case. The Defendants in this case claim there is no evidence to support that bartender John Daniels saw any visual signs of intoxication from Edward Hart and only contextual knowledge can be proven. If the defendants can prove there were in fact no visible signs of intoxication then they will not be subjected to any legal wrong doing based off the 1988 Indiana Supreme Court Case which stated that contextual knowledge alone will not suffice. The plaintiff, Deborah White, is requesting that the court denies the defendant’s request for summary judgment. The plaintiff claims to have sufficient evidence which will prove bartender John Daniels did see visible signs of intoxication from Edward Hart. Edward Hart had consumed 11 drinks within a two hour span while at the Tavern. Regardless of body type, shape or size that amount of Alcohol consumed by a single individual can reasonably infer that he had shown visible signs of intoxication. Edward Hart had been observed falling off of his stool as well as tripping over a pool stick by another...
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...On Friday October 23, 2015 I attended Hayward’s Hall of Justice’s walk-in court in room 502, where Judge Scott Patton presides. Upon walking into the courtroom at 2pm when the doors opened, already my expectations of what a courtroom looked like differed from what I was seeing. Originally, I had always envisioned all courtrooms to have the judge’s bench in the center of the room along with the bailiff standing to the side, and space for someone to testify along with a podium for a plaintiff and a defendant to speak; pretty much what you always see on television. However, this particular courtroom had a different set up. The Judge’s desk was off to the left back corner of the room, and towards the far right was a cubicle like room covered from floor to ceiling that had blinds covering every window. The sign that was stamped with “NO COMMUNICATION WITH INMATES,” made it clear that the concealed space was designated for inmates who were transported from prison to court. Towards the front were about six more desks, each consisted of different working people...
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...Michelle del Rosario Effective Leadership & Management Class - Barbara Miller Individual Paper March 14, 2013 The Application of the SCARF Model on the 2011 Re-Organization of SF Court Reporters I. INTRODUCTION On Friday, September 30, 2011, the San Francisco Superior Court (SFSC) laid-off a total of sixty-seven (67) employees, including twenty-nine (29) Certified Court Reporters. The Court started the fiscal year of 2011-2012 with a $13.75 million budget deficit, and had initially mailed out two hundred (200) pink slips in July, representing 41% of it’s staff. Fortunately, austerity measures (such as extending mandatory furlough days, enforcing voluntary unpaid time off, reducing office hours, and closing civil courtrooms) and very aggressive negotiations with the Administrative Office of the Courts (AOC) resulted in an additional $7.5 million that was used to salvage one hundred thirty-three (133) careers. September 30, 2011 was a devastating day to these sixty-seven (67) employees, and this paper will focus particularly on the effects of this re-organization on the emotions and reactions of the Court Reporters who were directly and indirectly affected. The SFSC website defines Court Reporters as “guardians of the record”. It is emphasized that not only are they Court employees, but they are also purveyors of transcripts for all interested parties. Their main job duties are providing legislated transcripts of criminal proceedings, and providing...
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...CAMERAS IN THE COURTROOM. Term Paper ID:19839 Get This Paper Free! or Buy This Paper Essay Subject: Right to fair trial vs. right of public to witness court proceedings & know what govt. is doing.... More... 7 Pages / 1575 Words 5 sources, 11 Citations, MLA Format $28.00 More Papers on This Topic Paper Abstract: Right to fair trial vs. right of public to witness court proceedings & know what govt. is doing. Paper Introduction: SHOULD CAMERAS BE ALLOWED IN THE COURTROOM? Introduction and Problem Statement Although the title of this research is broad, cameras, in the context of this paper, refers to television cameras. Courts in different jurisdictions in the United States impose differing restrictions on media coverage within courtrooms. Some jurisdictions do not allow cameras of any kind, requiring even the print media to employ artist sketches for any visual reporting of courtroom proceedings. Others permit the use of still cameras under controlled conditions. Few jurisdictions permit the unrestricted use of television cameras in courtrooms. Most jurisdictions that do permit television cameras in the courtroom do not permit continuous live coverage of the proceedings. Text of the Paper: The entire text of the paper is shown below. However, the text is somewhat scrambled. We want to give you as much information as we possibly can about our papers and essays, but we cannot give them away for free. In the text below you will find that while...
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...Courtroom Observation An Assignment Submitted by Sara Cotleur Liberty University Online Class Business 301-D04, Section 201320, Spring 2013 Deborah White vs. John Daniels and O’Malley’s Tavern Introduction The case in question is case number 82A04-8876-CV-285, between Deborah White as the plaintiff and John Daniels and O'Malley's Tavern as defendants before a mock U.S. District Court, in the Northern District of Indiana. The plaintiff’s attorneys are Amanda Babbit and Jackson Walsh while those of the defendants are Benjamin Walton and Jordan Van Meter. Mr. and Mrs. White went to O'Malley's Tavern on the Saturday, July 28, 2007, a tavern in Gary, Indiana. Edward Hard, a former fiancé of Mrs. White was also patronizing the same tavern and on seeing the two, he approached them to convey his congratulations on their recent marriage and then went back to his seat and resumed his drinks. The first defendant, Mr. Daniels, was the only licensed bartender working at O'Malley's Tavern. Mrs. White and Mr. Daniels confirmed Mr. Hard consumed four to six shots in about twenty-eight minutes after the arrival of the Whites. Thus Mr. Daniels had constructive knowledge of Mr. Hard’s intoxication. On consuming his last alcoholic drink he tried to leave and in the process tripped on a cue stick as he stood up but picked himself up. Mr. Daniel did not notice this stumbling incident and thus was not aware of the intoxication level of Mr. Hard and could not be said to have...
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...reality based television shows that depict the inner workings of a convicts mind and how the hero police officers, detectives, crime scene investigators and judges outwit, catch and then prosecute these lawbreakers. This exciting new fad has people watching these half hour shows and believing that they are entirely accurate. There are some television shows that use a great deal of fact in the creation of the show while other shows do not even come close. Since people have become enamored with courtroom based movies and television shows this has created a false sense of knowledge among common viewers that almost an entire nation believing that courtrooms consist of a defendant and a plaintiff (or a prosecuting attorney and a defense attorney) yelling back and forth at each other while a judge feverishly pounds his gavel on his podium in attempt to gain order in their courtroom. This is far from the way that an actual courtroom operates. Television shows will spark heated debate in a courtroom and solve each case in thirty minutes in order to collect ratings. According to Reality vs. Fantasy, “To...
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...Should Cameras Be Placed in Courtrooms So That Criminal Trials Can Be Televised? It is axiomatic in democracy that everyone has access to the justice system and has the right to know how those laws are enforced. This can be ensured by having trials in courtrooms televised. Whether to have cameras in courtrooms or not was a huge debate that began back in 1977 in Miami (May 2008). After a long debate higher court judges decided to allow trials to be televised in Miami. Those debates never ended because of different judges all over the world having different opinions. Personally speaking, cameras should be allowed in courtrooms so that criminal trials can be televised, to make it clear to people what circumstances they would face if they were to do anything illegal. In every country in the world laws are made in the parliament by the government in regards to the opinions of higher court judges. Many proceedings carried in the parliament are allowed to be televised so that citizens can know what the laws they should abide by are. The irony in televising parliament proceedings is that people are allowed to watch laws being made, but they cannot see how they are being enforced. If criminal trials are televised then people can know how those laws are being enforced and would be more cautious by restraining themselves from breaking the law. This is because they would know what the circumstances of their actions are, thanks to the televised criminal trials. In the United States...
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...An Assignment Submitted by Sara Cotleur Liberty University Online Class Business 301-D04, Section 201320, Spring 2013 Deborah White vs. John Daniels and O’Malley’s Tavern Introduction The case in question is case number 82A04-8876-CV-285, between Deborah White as the plaintiff and John Daniels and O'Malley's Tavern as defendants before a mock U.S. District Court, in the Northern District of Indiana. The plaintiff’s attorneys are Amanda Babbit and Jackson Walsh while those of the defendants are Benjamin Walton and Jordan Van Meter. Mr. and Mrs. White went to O'Malley's Tavern on the Saturday, July 28, 2007, a tavern in Gary, Indiana. Edward Hard, a former fiancé of Mrs. White was also patronizing the same tavern and on seeing the two, he approached them to convey his congratulations on their recent marriage and then went back to his seat and resumed his drinks. The first defendant, Mr. Daniels, was the only licensed bartender working at O'Malley's Tavern. Mrs. White and Mr. Daniels confirmed Mr. Hard consumed four to six shots in about twenty-eight minutes after the arrival of the Whites. Thus Mr. Daniels had constructive knowledge of Mr. Hard’s intoxication. On consuming his last alcoholic drink he tried to leave and in the process tripped on a cue stick as he stood up but picked himself up. Mr. Daniel did not notice this stumbling incident and thus was not aware of the intoxication level of Mr. Hard and could not be said to have absolute knowledge on...
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...OBSERVATION REPORT (Observe – to pay attention to, to perceive or notice, to watch, to recognize or note occurrences, to draw inferences, to remark or comment) The Observation Report is to be the result of an in-person observation made for the purpose of partially fulfilling the requirements of this course, and must include a complete and comprehensive report on any 2.5 hours of observation from the list of choices below, exclusive of breaks and recesses. The observation report shall include the type of observation, the name of the presiding officer, the physical location of the observation, the parties involved, the issues, any decisions made and your personal comments regarding how you “see” the proceedings. Please place emphasis on your personal comments, clearly including what you “bring to the table” (your personal background and why you selected your observation). NOTE: Dr. Flower is the only person who will read your reports. You should, prior to the observation, make notes on your preconceived notions, ideas, and perceptions on what you expect to observe. Your pre-work should then be contrasted or compared with your actual observations. Your “gut” reactions to issues, personalities, competencies and results will most likely be very accurate and should serve as the backbone of your report. DO NOT wait until the last minute to attend the observation since it is common for students to discover the scheduled or planned observation does not take place when the...
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...Psy206-1004A-101 Aspects of Psychology Unit 1 IP1 Kevin J. Penn September 10, 2010 American InterContinental University Online Abstract The following compares and contrast of Naturalistic Obersavation and Correlational research. Which includes the research techniques reliability and validity strengths and weakness and generalizability. There are many different ways of collecting information and data to compare different types of things that happen from the past, present and to help predict the future. The research methods that I have compared are Naturalistic observation and Correlational research method. Like any thing else that they are more than one way of obtaining something there are differences and similarities that researchers can use to help them obtain their objective. The correlational research method is one in which the facts are utilizes facts to form links with an assortment of dependent variables. In most cases it is the one that is used first to give a basis before experiments can begin. There are three types of correlational research, observational, survey, and archival (Schmidt, 2000). Observational research includes items that can be tangibly recorded, for example, reporting for work and production. Survey research refers to the statistics that can be found by questioning subjects; for example, comparing the associations between couples who live together and divorce rates (Schmidt, 2000). Archival research deals...
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...Nissa Lewis William Carey University Contemporary Psychology 2 Abstract The definition of psychology has changed as the focus of psychology has changed. At various Times in history, psychology has been defined as the study of the psyche or the mind, of the Spirit, of consciousness, and more recently as the study of, or the science of, behavior. Perhaps, Then, we can arrive at and acceptable definition of modern psychology by observing the activities Of contemporary psychologist. These are just a few of the activities that engage contemporary psychologists. Clearly, no single definition of psychology can take into consideration the wide variety of activities engaged in by the more than 148,000 members and affiliates of the American Psychological Association, not to mention the many other psychologists around the world. Contemporary Psychology 3 Introduction to Contemporary Psychology The definition of psychology has changed as the focus of psychology has changed. At various times in history, psychology has been defined as the study of the psyche or the mind, of the spirit, of consciousness, and more recently as the study of, or the science of, behavior. Perhaps, then, we can arrive at and acceptable definition of modern psychology by observing the activities of contemporary psychologist. These are...
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...College Material Appendix E Peer Perception Survey Rational: You often give people a certain perception of yourself without intending to or even knowing about it. The intention of this survey is to help provide insight on how others perceive you, so if you are giving others an unintended impression, you have the opportunity to change your behavior. This is a powerful tool and the first step in ensuring that you are communicating in the manner intended. Instructions: Write your name in the first blank of the following survey and then distribute it to three to seven people whose opinion you value and in whom you trust. They can be friends or acquaintances; the most important thing is that they be someone who provides you with an honest opinion. Their names need not be included on the survey form. Collect the survey forms and then use them to complete this week’s assignment as outlined in the course syllabus. PEER PERCEPTION SURVEY Instructions: _________________ has asked you to fill out this survey to help him/her better understand how he/she is perceived by others. Please answer the following questions regarding your perception of him/her. Be sure to include an answer as to what particular observed behavior has led you to form such impressions. Honest responses are the most helpful and there is no need to include your name on this form. Thanks for your time. 1. I perceive him/her to be ___________. A) self-confident B) insecure Based on what observed...
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...(Definition of learning) The EYFS Practice Guidance glossary defines assessment: ‘Through observing children... practitioners can make professional judgements about children’s achievements and decide on the next steps in learning’. As a generic description for working with children from birth to five, this clarifies the purpose of assessment. Within my provision the assessments we use to observe the development of our children are. • Tracking sheets… • Baseline Assessment sheets is a legislation document which is a bench mark for the milestones of each child. • Home visit welcome packs… • Observations long/ post it notes which is written/verbal which is a form of assessment used with parents/ carers staff and child to aid their learning where they are at and where the need to be. With out this the evidence we cannot say the child is at this level. • I would like to share observation sheets to go home so that if the child has a special occasion they would like to share from their weekend with staff and their friends in nursery. This helps with the child to show and tell helps them to open up if shy or has low self esteem and to make them feel special which encourages the child to talk in front of others. • Learning journeys… work in partnership with parent cares. Cover 6 areas of learning and next steps. • The CAF is a standardised approach to conducting an assessment of a child's additional needs and deciding how those needs should be...
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