Tort And Employment Of Inept Teachers

Perform a search in the University Library databases and locate four school-related court cases (with outcomes decided), two which involve educators as defendants and two which involve students as defendants. Fill in the table below. When you give your informed opinion, state and discuss whether you agree or disagree with the outcome. Base your opinion on legal and ethical standards as discussed in Ch. 9 of the text. If you do not agree with the outcome, explain what would have been just. Base your explanation upon the rights and responsibilities of those involved. Cite your sources in APA format below the table.

In closing, Justice Abe Fortas and Justice Hugo Black both give valid testimony for their side of the argument; however, Fortas’ profusion of cited evidence outweighs Black’s mainly opinionated case. And even though this may seem like just another court case to be cited one day, it can go a long way in protecting students’

In order to prove Thomas liable in this situation, there would have to be evidence of proximate cause (Essex, 2016). The student, or student’s family, would need to be able to prove that there is a relationship between the principal’s breach of duty, and the injury the student suffered (Essex, 2016). I have dedicated the remainder of this paragraph to describing the ways in which Thomas may be in breach of his duty. Thomas has the responsibility as the school principal to ensure that Homewood High School has highly qualified teachers. It is his responsibility to recommend to the board the person best suited for the

Unfortunately, the idea of lawsuits seems to set up a chain of actions within a school district. That chain, once set in motion is very difficult to break. This seems to have been a misbegotten law suit that could have been labeled frivolous and was certainly unnecessary. The outcome of all of this legal activity was some money for George’s parents, which will undoubtedly be spent providing care to George, who will continue to have problems for the remainder of his life. This law suit allowed for delays and a

Doe v. Big Walnut Local School Dist. Bd. of Educ., 837 F. Supp. 2d 742

The student 's motion for summary judgment was granted by the court and dismissed Drakers claims against the students for defamation and libel per se. The students and their families then had to file another motion for summary judgment regarding Draker’s remaining claim for intentional infliction of emotional distress, civil conspiracy, and negligence. Once this happened, Draker filed her third amended petition alleging the students only for intentional infliction of emotional distress and negligence and gross negligence as to the parents. Eric Goldman states, “the intentional infliction of emotional distress claim was dismissed because under TX law the cause of action is a gap-filler, and there was no gap given that the defamation doctrine putatively governs these facts.” Along with her third amended petition, Draker filed a motion for continuance. This motion would give her more time to look into the facts of her remaining claims. This motion was denied by the trial court. Along with the denial of Drakers motion, the court granted the Schreibers ' and the Todds ' motion for summary judgment. Draker argues that the trial court made three mistakes. These mistakes, as listed in the case are (1) granting summary judgment in favor of the students on her claim of intentional infliction of emotional distress; (2) granting summary judgment in favor of the parents on her claims of negligence and gross negligence; and (3) denying her motion for continuance and

2. The school should be held liable for Holbrook injury of there was no school supervision provided in the area Holbrook and other students were gathering.

The gap between the nation’s best and worst public schools continues to grow. Our country is based on freedom and equality for all, yet in practice and in the spectrum of education this is rarely the case. We do not even have to step further than our own city and its public school system, which many media outlets have labeled “dysfunctional” and “in shambles.” At the same time, Montgomery County, located just northwest of the District in suburban Maryland, stands as one of the top school systems in the country. Within each of these systems, there are schools that excel and there are schools that consistently measure below average. Money alone can not erase this gap. While

Attempting to obtain information about the district lawyer was harder than I thought. Not lot information was provided. According to the administrators usually in an elementary setting are not so common encounter litigations. Because I was not able to contact the district’s lawyer, the administrator assist me answering some of the questions presented here. The relationship between the law and my school are base in basic standards as curriculum adoption, testing and establishing standards, free and appropriate public education, determining where students can attend school, but nothing as a big litigation against the school. Also, it is addressed the differences in legal framework

Throughout history there have been various influential court cases involving Education. These important cases and their outcomes act as milestones on the road to a successful education System in the United States. Topics such as race, religion and gender equality within schools have all been vigorously debated upon and have ultimately played major roles in shaping today 's education system. By examining civil rights and acting upon these rights many important educational court cases have allowed many students a greater chance for efficient and equal learning opportunities in the classroom.

The teacher's role in the classroom is to take the place of parents and not to insure against but take reasonable measures to prevent injury (Queensland Teachers

Even though the authors have valid points and cite credible sources, their argument fails to be effective in several ways. For one,

Call of the Question___Discuss the potential “liability” of Teacher and of City Middle School, as well as any defenses each may raise.

Tort law is a very prevalent aspect of conducting business and daily life in the twenty first century. According to the textbook, The Legal Environment of Business, tort law provides “remedies for the invasion of various protected interests.” (Cross & Miller, 2012) In this essay about tort law, I will talk about a tort case that has personally impacted me. To do so, I will provide a background of the event, apply facts of the case to applicable law, summarize lessons of the week as they relate to this case and provide a plausible argument for the parties involved.

1992). The age of the student involved plays a factor as well, putting some liability on the parents. With the numerous factors involved in the determination of liability a teacher should be well versed in the rules and regulations as well as their responsibilities to the classroom and to the students themselves.