A Brief Note On Tort And Negligence By Ray Knight, A Middle Student Is Shot

Our text defines a tort as “a civil wrong” and negligence as “a tort, a civil or personal wrong” (Pozgar, 2012). Negligence as it is related to healthcare is an unintentional commission or omission of an act that a reasonably prudent person or organization would or would not do under normal circumstances. Not following a recognized standard of care could be considered negligence. The case I have chosen to study is one from the Circuit Court of Baltimore City Maryland and is that of Enso Martinez a minor by and through his parent (Rebecca Fielding) vs The Johns Hopkins Hospital in Baltimore Maryland July 2013. I would describe this as a landmark, “David vs Goliath” case

Do administrators of schools every see the child's? Does suspension increase dropout rates? Is there ever a since of justice for the child? Since schools first came to be they have always suspended students without questioning or reasoning in a comfortable environment.Although school suspension is way for the child to be isolated and think about what they have done, schools should get rid of school suspension because this makes the student feel as though there voice is being heard in the matter, since the student is in a more safe and cozy environment the student will reveal what happened, this will prevent higher dropout and school suspension rates.

Assassinations can be an accident, as well as assassination being made purposely. The general claim made by Catherine Saillant in her work, Defense in Oxnard school shooting case seeks refiling in Juvenile Court, is that teens are being tried as adults. More specifically, Saillant is claiming that it is incorrect for district attorney’s to charge teens as adults because teens should be transferred to a Juvenile Court. Although, not all cases should be put in a Juvenile Court because there are cases that juveniles need to be tried as adults. Maeve Fox, the lawyer of Lawrence King states, “Shooting someone in the back of the head to me is an execution-style murder...He [Mclnerney] thought about it. He planned it. And then he did it”(Fox).

I had asked to meet with the above teacher and was told it would have to happen after the suspension. I am requesting a meeting with all of the above sooner. I understand Mr. Caroll is carrying on punishment for previous behavior last week, however this punishment I will repeat is unjust for the actions stated and I want him back in school. He did not threaten anyone or bring illegal substances which is behavior that warrants this type of punishment. I told Mr. Caroll if he felt punishment was necessary, to keep him out of lunch/recess for a month even after school detention for a month or more work for that matter would be more affective and cohesive for the actions. He'd rather throw him out of school have him miss a ton of work which will be detrimental to his education and basically give him a vacation. I see this as being unwilling to deal with the situation in school. Keeping him home is not punishment and only hurting his education besides the fact, he did not do anything that wrong. This is my stand and will stick to my argument if we need to go even further beyond you. Again, a meeting is being requested as soon as possible to address this matter. I understand all involved need to get their ducks in a row before we meet which is why I

The Board has declined to answer any questions and there is suspicion that politics has played a role in her suspension. A student representative on the board was excluded from voting, and was surprised by

Suspensions hurt children by lowering academic achievement as well as widening the racial achievement gap between African American students and their peers. This is a growing topic across the country. Schools suspend students at a large cost to society as a whole. Every time a student is suspended for non- violent infractions they are being denied a learning opportunity (Townsend, 2000). It is the duty of educators to ensure that this does not happen. Suspensions can lower self- esteem, cause students to lose interest in school and drop out, and prevent students from participating in school sports, or clubs and many other negative scenarios. The goal of this report is to open educators’ eyes about the negative effects of suspensions on school children. It is said that, “Out-of-school suspensions is one of the most widely used disciplinary practices in American schools, with more than 3.3 million students suspended each year (Lee, Cornell, Gregory, & Fan, 2011, p. 166).

Whenever a student does something mischievous a vast majority of the time they are immediately suspended. However, the student should not be punished immediately. The article “School suspensions don’t work. It’s time for something better” states that a young girl was

When a student gets suspended it is usually because, a teacher did not want to deal with the problem the student had caused. So instead of handling this problem they kick that student out of school for a few days. If teachers were to actually deal with the problem and find out why the student had caused it then maybe the student would not become a problem again. People who like suspension will say that it helps that child know what they did wrong but, it really does not. Do you think the child goes home, sits and cries about what they did wrong? I doubt it. We do not want to create anymore enemies for the children than they are already going to get so we should not use suspension as a

Students suspensions for minor infractions and kids often do not show up after being suspended

Suspension shouldn’t be the only answer to “punish” students, but also it shouldn’t be happening all the time. I understand that some students can have behavioral problems, but sending them home won’t change them at all. Common sense, the student will just come back and act the same. Suspension is not a real punishment it's more like a short vacation or a day off from

Don’t you want your child to stay in school? If your child got in trouble, wouldn’t you rather the situation be handled now? Aren’t suspended students, in a way, just giving them what they want, an excuse to go home? Suspensions have been a recurring event at a lot of schools across the world, but now they are being questioned as to whether or not they are useful. Although suspensions are a temporary solution for schools to figure out what to do with troublemakers, It is time for Schools to get rid of suspensions, because suspensions make students three times more likely to drop out, is only a temporary solution, and can make kids not learn as much.

In sum, Lyons-Burke is probably liable for negligent supervision because the school had the duty to provide adequate supervision for its students and the school breached that duty. As mentioned above, there are two other elements of negligent supervision, however this memorandum assumes that they have already been proven. Thus, because the victim warned the school and the school had knowledge of the attacker’s disciplinary record and the school failed to protect the victim while she was under the orbit of authority of the school, it is in the best interest of Lyons-Burke to settle the case.

When students are suspended from school, it lowers their self-esteem. Suspensions make some kids feel unworthy or makes them feel like they’re a bad person. It is often argued that these students are unresponsive to education, which is disruptive to other students and the teacher in the classroom. This is what causes them to misbehave at school. It doesn’t mean they’re a bad kid or influence on other students. Usually when

NEGLIGENCE will be found if TEACHER OWED a DUTY, the duty was BREACHED, and the breach was both the ACTUAL CAUSE and the PROXIMATE CAUSE of the PLAINTIFF’S DAMAGES.

Early 1970s students in Columbus, Ohio were causing destructions in schools; Central High School in Columbus, Ohio was one of the schools where students were disrupting class lectures and demonstration school property. This wrongdoing in Ohio allowed the school principal to suspend students with valid reasons for ten days as long as they notified the parents within 24-hours of suspension. If they were expelled students were given the opportunity to appeal, but it was not guaranteed that everyone would have that privilege.