comments

I don't know why, but I can't get any comments to show up on my blogs. If any of you have an asnwer to this problem, please email me at drains1@carolina.rr.com. Thank you so much.

Cats & Dogs

5 years ago, I spent $6000 for an operation on my old dog Nicky, to remove a tumor from his stomach. He lived a year after that. 3 years ago, I spent $9000 on my cat Sunshine. She is still alive and doing well. Last evening my minature poodle Koko was attacked and dreadfully harmed by a vicious german shepard. Koko is in intensive care at the emergency veteranary hospital. I pray to God he can recover,  regardless of the  cost, because he is my best dog and companion.

Comments

It seems Blogger has been having problems with the comments. Not just mine, but everyones. They are working to fix it. If you have comments right now, leave them on FB.

Apparitions

I am seeking stories from folks who have seen ghosts or other weird things. I have been told by some of my family that they have seen our dead mother. I would like to experience that, also. Please, if you have any such stories, post them on my blog.

Rains family

I suppose that most of the family knows our history, but I am posting some info., just in case someone might like it. We descend as follows: Henry Rains, Esquire, 1720-1789, and Ann Cross Blackwell; John Rains, 1742-1772, and Mary Ingram; Henry Rains, 1767-1838, and Martha Patsy Lane; Needham Lee Rains, 1802-1849, and Nancy Turner; William Ballenger Rains, 1835-1917, and Sarah Turner; William Preston Rains, 1872-1949, and Cordelia Turner; Second wife, Nancy Simpson; William McKinley Rains, 1900-1984, and Nancy Sikes, 1909-1973. NOTE: William Preston Rains and Cordelia Turner  had the following chidren: Nilia Rains, William  M. Rains, Ernest Rains, Josh Rains, Clarence "Toots" Rains; Amanda, Cordelia, Betsy, Margaret, and several other daughters. By Nancy  Simpson he had Joe Rains, Walter Rains, Otis Rains, Eugene Rains, and some daughters whose names I don't know. My father and mother had thirteen children,  of which two died when very young.

Contracts

I included some items of law that might be of interest to the average layman. Some contracts are for mortgages, car purchases, credit cards. You must ALWAYS read the fine print, and remember that the spoken word means nothing. Sometimes you think you have a legal case and it turns out to be an arbitration case.

Contracts, in order to be legal, must have the following components:
Agreement, which means both an offer and an acceptance of the offer; Consideration, which means payment;Capacity, which means you must be of legal age and mentally competent, legal, which means the contract must be for something that is legal. Many contracts have language that is so exculpable as to be unenforceable in most courts or arbitration forums. Exculpable means that one party is trying give himself rights the other party doesn't have. The concept that all  contracts are a two way street must be interpreted equally between both parties.

Res Gestae

Again, I posted this to let people know about some of the law that normally only lawyers know.

What is Res Gestae?

Res gestae (a Latin phrase meaning "things done") is an exception to the rule against Hearsay evidence. Res gestae is based on the belief that because certain statements are made naturally, spontaneously and without deliberation during the course of an event, they leave little room for misunderstanding/misinterpretation upon hearing by someone else (i.e. by the witness who will later repeat the statement to the court) and thus the courts believe that such statements carry a high degree of credibility. Statements which can be admitted into evidence as Res gestae fall into three headings:

Words or phrases which either form part of, or explain, a physical act,

1. Exclamations which are so spontaneous as to belie concoction, and
2. Statements which are evidence as to someone's state of mind.

(In some jurisdictions the Res gestae exception has also been used to admit police sketches.)

The following scenario is an example of types one and two:

Imagine then a young woman standing on the side of a main road (the witness). She sees some commotion across the street. On the opposite side of the road to her she sees an old man shout 'The bank is being robbed!' as a young man runs out of a building and away down the street. The old man is never found (so can't appear in court and repeat what he said) but the woman repeats what she heard him say. Such a statement would be considered trustworthy for the purpose of admission as evidence because the statement was made concurrently with the event and there is little chance that the witness repeating the hearsay could have misunderstood its meaning or the speaker's intentions.

Res gestae is also used to refer to those facts or things done which form the basis or gravamen for a legal action.