Statutory law
Statutory laws is laws in which the government enforce. All the laws were written and set by the Government. If anyone is caught breaking any of these laws, then the police are obligated to arrest you and to be prosecuted in the correct way. An example of this is the new smoking ban in cars, the Government set out a new law starting from the 1st of October 2015 which states that anyone caught smoking in a car with someone else in the car who is under the age of 18 will be breaking the law, and you can get arrested for it. Another example of statutory law is speed limits, The government set outs all the speed limits to protect drivers and pedestrians. Most recently the Government have been placing more 20mph limits to slow drivers
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When you leave either your child or adult in the care of someone else you expect them to make sure they are being looked after with the correct care and not in any danger. Negligence is when someone failed to meet the standard of care. When someone has the job of being a carer or a babysitter for example they have the responsibility to make sure the person they are looking after is safe at all times and they being treated well. However if this doesn’t happen then the person is charge can be blamed for the bad treatment of the person they are looking after. An example of this is in schools, Every time a new teacher is employed they will have to be CRB checked to make sure they are safe enough to work with children and that they are not going to cause harm or danger to the children within the school. An example of this is the Ian Huntley case. The school failed to provide a CRB check on the caretaker which resulted in him murdering two girls. If people who are looking after other people don’t take the correct procedure then bad things can happen. Another example of this is in school again if a pe teacher doesn’t do a full risk assessment then things can happen for example when children are on a trampoline the teacher must have funn attention on the children and trampoline and must not leave them unaccompanied because if the children was to hurt them self due to the qualified teacher not being there then that is classed as negligence. Overall if people do get hurt within the care of some else then they were not being looked after properly and it will be the person who was in charge to get the blame and maybe actions could be bad for them in a legal
When a legislature passes a statute, that statute ultimately is included in the federal code of laws or the relevant state code of laws. Statutory law also includes local Ordinances – statutes (laws, rules, or orders) passed by municipal or county governing units to govern matters not covered by federal or state law. Mainly have to do with city or county land use, building safety codes, and other matters affecting the local community.
Negligence is upholding a certain leavel of care by determining if it meets the four components nessessary for a claim; duty, breach of duty, causation, and damages. In this case duty was not handled correctly. Duty means you agree to take care of a health care patients. THe girls working at the Good Samaritan Home did not take proper care of the residents. Breach of duty is broken down into four categories; Misfeasance, nonfeasance, and malfeasance. In this case the breach of duty refers to nonfeasance. There was a failure to act, by no other employees bringing the ause to attention. Causation requires an injury to be due to the healthcare professionals negligence. In the case of abuse in the Good Samaritan case there was no other way the injuries could have happened. The damages refers to the injuries caused to the residents.
Criminal law – This Law is widely statutory and covers a particular category of wrong that is considered social evils and threats to the community. Here the crime is against state regulations. Criminal Law is divided into three categories which are:
Duty of Care: best interest; defensible decision making; contextualising behaviour; identification of positive and negative risks
Section 9(2)(a) of the Civil Liability Act states that when deciding whether a reasonable person would have taken precautions against a risk of harm, the courts consider the probability of harm occurring if care was not taken. Secondly, s 9(2)(b) considers what the gravity/ seriousness of the risk was and whether the defendant should adopt special care if s/he knows that people with particular needs are exposed to the foreseeable risk. However, the teacher/ school authority is not required to protect the student against all risk and sometimes a reasonable response is to do
As a childminder I have a duty of care to keep all my minded children safe, healthy and comfortable while making sure their rights are guarded. I have a duty of care to keep children from harm whether physical or psychological. I carry out risk assessments in my home and when out and about to avoid potential hazards to children. Risk assessments are reviewed every year or when accidents/incidents happen and there is a need for review. The house is equipped with safety equipment to minimise risk of injury or harm. Stair gates, plug sockets and cupboard
Miller uses this personification to show that no matter how hard Proctor tries to please his wife, nothing will truly repair the bond that they had. Their relationship will never be the same. Elizabeth will always feel "an everlasting funeral round [her] heart" because she knows that since Proctor's trust has been broken she will always have a certain sadness or mournfulness in her heart. Hale says this metaphor to tell proctor that any small flaw can lead to the court assuming they have been using witchcraft.
A statutory law are guidelines that are passed by the legislature, a government of any country and those laws are accepted by the people. Mitigate crime. Protecting the right of every person, bringing more offences to justice, and balancing the goals of controlling and preventing crime these are the four goals/purposes of criminal
In any child care setting, staff or volunteers can cover anything that affects the safety and wellbeing of a child or young person. For example: a manager has a good relationship with a family whose child attends the nursery. Several members of staff have reported the abuse of neglect to the manager concerning the child. The manager brushes the issue off and replies “I’ve known the family for years; they would never neglect the child”. The neglect continues and the child has become isolated from the children as their clothing has a strange smell. The practioner
The difference between statutory law and common law is that statutory law is a written law where common laws are based on any prior court decisions and are legal binding. For statutory laws the government, state, and local agencies issue written statutes and regulations which eventually become part of statutory law, as for common law it is prior case decisions and rulings that are followed unless a judge finds a big difference in the between the previous case and current case.
Establishing whether not the current case is analogous to cases in which a duty of care already been determine. For instance the category of which duty of care has been held not to exist. The law justifies all these through the word responsibility. Everyone has a responsibility for their actions. This same word, responsibility, is also used to justify strict and vicarious liability. Parents, guardians, employers and other similar persons are responsible for their wards and employees. I think this is also a balancing of the scale. Due to circumstances such as incapacity in law of inability to pay, the injured party may be
The Day of the dead is a very interesting holiday celebrated on November 1 and 2, traditionally in Mexico or other Spanish speaking countries. The holiday is used to celebrate and honor peoples dead loved ones. Usually people make creative altars dedicated for their loved ones and decorate them with sugar skulls, candles, flowers, food, and other items that the person being honored enjoyed. It is believed that on this holiday the dead loved ones come down from heaven and visit their relatives and friends one last time. The day of the dead holiday is an extremely important tradition for most Spanish speaking countries. According to a reliable article, “They believe that happy spirits will provide protection, good luck and wisdom
It is often argued that by promoting high standards of care, strict liability protects the liberty of the public from dangerous practices. Barbara Wootton (Crime and Criminal Law:
As aforementioned, Scots law does not impose criminal liability for failure to act, except in certain limited circumstances. These include both common law rules and statutory enactments. There are four instances at common law which give rise to criminal liability for failure to act, i.e., duties arising from close proximity relationships such as parent and child, voluntary assumption of responsibility, creation of dangerous situations or contractual duties . In Bone v HMA , a pregnant mother was found to be under a duty to save her child from the attacks of her violent partner . Per contra, in R v Instan and R v Stone and Dobinson the court held that when voluntarily assuming
For many years, students in public education were familiar with prayer in school. However, after this practice was challenged by parents in New York State, the Supreme Court ruled on June 26, 1962 that government-endorsed prayer in public schools is unconstitutional. Many Americans still disagree with this decision and believe in the importance of prayer in schools and that is the constitutional right of every American. Some of the arguments in favor of prayer in public schools are that it supports religious freedom in the United States, it acknowledges America’s heritage, and it offers benefits to all of society.