The hearsay rule generally prohibits the admission of statements made out of court that are offered to prove the truth of the matter asserted. However, there are numerous exceptions to this rule, allowing certain hearsay statements to be admitted under specific conditions.
An "attempt" occurs when a person takes substantial steps toward committing a crime but ultimately fails or is prevented from completing the crime. Setting a fire with the intent to cause damage and being stopped before the crime is completed constitutes an attempt because the person took substantial steps toward committing the offense.
Res ipsa loquitur ("the thing speaks for itself") allows a plaintiff to infer negligence from the very nature of an accident or injury, which typically would not occur without negligence. The plaintiff does not need to prove the specific negligent act but must show that the type of harm is usually associated with negligence and that the defendant had control over the instrumentality that caused the harm.
The Commerce Clause allows Congress to regulate interstate commerce and activities that substantially affect interstate commerce. Regulating the price of milk sold across state lines falls within this power, as it directly impacts interstate trade. The other options either exceed the scope of Congress’s Commerce Clause power or address issues better suited for state regulation.
Under the UCC, if the parties to a contract for the sale of goods do not agree on a price, the price will be a reasonable price at the time of delivery. This allows for the contract to be enforced even if the price term is left open.
