he case study is based on relationship between School authority and students in which charges against students are presented under both Common law and Statutory law. School authorities are under a duty to take reasonable care of students while they are under school’s control. This duty arises out of relationship of care and control that exists between students and teachers and will vary according to the nature and location of the activity. Before interpreting individual cases, let’s define Common law and Statute law.
Common law, also known as case law or precedent law is the law created by the reported decision of judges whereas Statute law includes laws created by State or other government bodies. It is also known as Acts of Parliament or enacted law. In case of any clash between the two systems of law, Statue law overrules Common law.
Before looking into both situations, it must be
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Presently again for this situation, first the offended party (school power) will first need to demonstrate that Cisco was blameworthy of the offense on the premise of taking after three components of carelessness.
• A obligation of consideration: Cisco (respondent) has an obligation of consideration against school organization to not to bring medications or other related things inside school premises.
• Breach of obligation of consideration: This incorporates whether Cisco knew his obligation and what he did to take after the standards. Whether Cisco 's rupture her obligation of consideration is controlled by three after things: that it was predictable, that the danger was not irrelevant and that a sensible individual in respondent 's position would have taken safeguards.
• Damage: Damage for this situation may be that Cisco 's activity may urge different understudies to bring lawfully recommended medications and/or prescriptions to the grounds and may support medication
A teacher’s most important duty is to protect the students they are in charge of. This duty includes both reasonably protecting students from harm and, when a student is harmed, reporting it to the proper authorities (Gooden, Eckes, Mead, McNeal, & Torres, 2013, pp. 103-109). There have been many court cases that reiterate this duty of school staff. One such case is Frugis v. Bracigliano (2003) where many staff at a school failed in their duty to protect students and allowed abuse to continue for years.
“One of those obligations is that it must exercise a proper degree of care for its patients, and, to the extent that it fails in that care, it should be liable in damages as any other commercial firm would be
It has been said for years that any case of educational malpractice was doomed from the start. Because of this, it was a huge surprise when the Iowa Supreme Court denied the defendant, Cedar Rapids Community School District’s motion for summary judgement. This was a case where a student sued for negligent misrepresentation by a school guidance counselor. One reason why the court may have denied the motion was because it was trying to protect a category of people who were considered especially vulnerable, the student-athlete.
When working practitioners must not only protect the children they work with when in the school setting and off site, but also themselves. Whether in school or off-site the school safeguarding policy should be referred to, to give guidance and adhered to at all times.
The school is to protect the students from any wrong doing towards them. Such act, parents, school official and other authorities will be contacted. The case in Oakland County MI, opens many eyes for students and parents. The school board has responsibility to report such harm. This is not taken lightly, serious offense. Students could face years in prison, or face felonies.
Royal Pharmaceutical Society of Great Britain. Code of ethics for pharmacists and pharmacy technicians, August 2007.
However for employees working in healthcare organization, conflicting situations may arise with confidentiality. Presenting a case study where HCA disclosing an employee’s confidential information, a nurse recently had to increase the work hours due to financial situation. The nurse was a bit apprehensive with the increase due to it would be stressful on top of the other responsibilities. Due to the stress, the nurse ended up using form of narcotics to help deal with stress level and anxiety, which seemed to have helped with providing care for patients. As time continued on, the nurse began to care for patients and signed out medication for them even though the patient was not prescribed the medication. The nurse was later discovered when working on the surgical unit as the pharmacist notice unfamiliar rise in medications along with signature errors. The incident was reported to the HCA for further reviewing. After analyzing the situation, actions taken were to have a leave of absences as well present this to a board of personnel. This then causes some form of breach of confidentiality for the nurse with HCA. Nevertheless, HCA was fearful of the patient’s safety and needed to address an issue that maybe more common that they think. As HCA, they are in charged with a fiduciary duty to protect the mission and values of the organization (Badzek, Mitchell, Marra,
The law and how it is interpreted and followed in the administration of medicine is an important aspect that must be placed at the forefront. The law, simply put, refers to social rules of conduct that are enforceable and are not meant to be broken. While the practice of medicine carries a myriad of systematic complexities which expose healthcare organizations to potential legal problems, healthcare leaders must establish procedural methods and policies to mitigate the risk of liability through implementation of robust risk management programs. Failure to adhere to established laws, policies, and procedures can lead to legal issues for both the organization and its employees (Brock & Mastroianni, 2013).
In today's school system, there have been uproars about the student's privacy and safety at the schoolhouse. Some parents feel that their child's safety is more important because of the rules that the school has set forth to maintain a safe environment. Others feel that their child's privacy should be taken seriously because they should be treated more like an adult. In recent news, there has been concerns about the student's safety that cause some to get injured or killed; while, student's privacy has cause the police to get involved. The school system should be concerned as well as, aware about the student’s privacy and safety at their prospective school.
There are certain categories of legal tradition that differentiate by country or time. These legal traditions are shared by a certain groups of individuals or whole systems in and of themselves. In other words, you have to understand the legal tradition, and which legal system it is affiliated with, to understand the whole picture of how disputes and conflicts are handled. I think in our modern times, it would be challenging to find one legal system that is without influence from other legal systems (Different Legal Traditions, 2012). Legal traditions tend to incorporate different elements from other cultures and legal systems. Most legal traditions have derived from a common origins, similar institutions, and shared concepts from regarding
Introduction This submission will discuss the problems created by the Doctrine of Judicial Precedent and will attempt to find solutions to them. Whereas, English Law has formed over some 900 years it was not until the middle of the 19th Century that the modern Doctrine was ‘reaffirmed’. London Tramways Co. Ltd V London County Council (1898). Law is open to interpretation, all decisions made since the birth of the English Legal System, have had some form of impact whether it is beneficial or not The term ‘Judicial Precedent’ has at least two meanings, one of which is the process where Judges will follow the decisions of previously decided cases, the other is what is known as an ‘Original Precedent’ that is a case that creates and applies a new rule. Precedents are to be found in Law Reports and are divided up into ‘Binding’ and ‘Persuasive’.
Applying our good sense, we know that If a student is coming to the defense of another, fearing for their safety, then that student may not face any disciplinary action, at the principals recommendation.
The primary student in this critical incident scenario is fourteen years of age, is a
A major impediment of the common is the tendency to lead to perpetuity of bad decisions once a precedent has been set. If there is no amendment and the same ruling is applied, that bad decision will be subsist and will be perpetuated. Since the common law system revolves around following antecedents, it usually takes a long while for change to occur. Unfortunately, before this change is effected, the bad decision will be upheld as long as the change does not come into effect. This is one area where the codified system of law has an advantage as it is rules based approach to law making designed to provide a comprehensive code of laws for the area in question.
Criminal and Civil Law – Criminal law is the law through which public commitment of crimes are prosecuted by governing bodies, whereas civil law is the law through which private parties may bring lawsuits against one another for real or imagined wrongdoings. E.g. criminal law would deal with the prosecution of a crime such as one person hitting another with their car, and civil law would deal with the lawsuit, as the person hit would sue the driver of the car for monetary compensation.