Tort And Employment Of Inept Teachers

The defendant, Kingston High School, is negligent under the Ontario Occupants Liability Act against the plaintiff, Mary. The defendant failed to uphold a duty of care against the plaintiff, which resulted in general and special damages. The plaintiff is owed compensation for medical care and treatment expenses, the economic loss from failing to attend the remainder of the semester of business school, and a loss in prospective wages from future employment.

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

In June of 2014, the Superior Court Judge Rolf Treu filed his final ruling on the educational debate of the teacher tenure laws of California, ruling out five California Educational Code laws. However one day after said ruling, Attorney General Kamala Harris filed an appeal to the Supreme Court of California. The Superior Court favored Vergara’s side claiming the Teacher’s tenure of California unconstitutional because it violates children’s civil rights to an education. “Student’s Matter,” a non-profit organization founded by David Welch, organized nine students to file this case. Their plea was that every student around the world deserves a good education taught by good teachers and the tenure principles in this state makes firing bad teachers almost impossible, giving students in poorer districts an unfair education in comparison to other wealthier, privileged districts. The defendants officially include the State of California, Teacher’s Union supporters Jerry Brown and Tom Torlakson who are the State governor and State Superintendent of Schools respectively, the California’s Teachers Association, the California Federation of Teachers and the Teacher’s Union of California. This ruling and it’s immediate appeal was and remains a strong source of tension between the Teachers Union and it’s supporters as well as the “Student’s Matter” organization and thousands of impoverished

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

Essex. (2008). School Law and the Public Schools: A Practical Guide for Educational Leaders (4th ED.). Boston, MA: Allyn & Bacon

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

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

Presented are four separate cases that have been argued and settled in a court of law. Each of these cases represent a different kind of tort, a tort is a civil wrong or wrongful act, which can be either intentional or accidental, from which injury occurs to another (Hill & Hill n.d.). The torts are as listed, intentional, criminal, negligence, and liability as presented in the four researched cases.

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.

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.