I. Introduction and Standard for Opposition to Summary Judgment
Crowell Academy, Inc. and Arturo Gomez, (hereinafter, collectively “Crowell”) were grossly negligent and used willful misconduct in their responsibilities involving the fencing club. The bargaining power of Crowell was so grossly unequal so as to put Lajuana Barnett at the mercy of Crowell’s negligence. Lastly, the exculpatory clause contained in the release form (see release form) is void as against public policy. Consequently, under Maryland law, it is up to the trier of fact to determine if the exculpatory clause is unenforceable. As such, there is a dispute as to the genuine issue of material fact related to Crowell’s Answer, Crowell can be liable to Lajauna Barnett for negligence, and Crowell is not entitled to Summary Judgment as a matter of law.
Summary Judgment should be granted only upon a showing that there is no genuine issue as to any material fact. Fireman’s Fund Ins. Co. v. Rairigh, 59 Md. App. 305, 313, cert. denied, 301 Md. 176 (1984). If there is a conflict between the inferences which may be drawn from the evidence before the court, summary judgment is not proper. Boucher v. Riner, 68 Md. App. 539, 543 (1986) (quoting Coffey v. Derby Steel Co., 291 Md. 241, 246-247 (1981)). Unless the facts are so clear as to permit a conclusion as a matter of law, it is for the trier of fact to determine whether a defendant’s negligent conduct amounts to gross negligence. Jacob v. Davis, 128 Md.App. 433, 465 (1999) (quoting Artis v. Cyphers, 100 Md.App. 633, 652 (1994)). Generally, exculpatory agreements otherwise valid are not construed to cover the more extreme forms of negligence-wilful, wanton, reckless, or gross. Winterstein v. Wilcom, 16 Md.App. 130, 136 (1972).
II. Statement of Undisputed Material Facts
1. Defendant Arturo Gomez is the fencing coach at Crowell and at all times relevant to this matter acted as Crowell’s servant.
2. Crowell provides weapons and electronic scoring devices for club members; club members provide their own protective equipment, including mask, glove, jacket, and plastron.
3. In the fencing Club meeting prior to October 16, 2001, Gomez instructed team members in footwork preparatory to allowing them to handle weapons
4. In the October 16, 2001 club meeting, Gomez instructed club members to don their protective equipment for their initial experience with using their weapons.
5. Plaintiff’s nerve was severed under her left arm when an epee sliced through plaintiff’s jacket.
6. Plaintiff had put the plastron on her right arm.
9 The Stopwatch Gang did this many times throughout the late 1970s and early 1980s and they never shot anybody.
Although in practice the STEP Act helps pinpoint gang members and brings awareness to crimes in the community. There are some who argue that the STEP Act is applied disproportionately to minorities. Countless first hand interaction with the criminal justice system have continued to reinforce the claim. In order to prevent street terrorism, I believe the first step is creating programs that deal with the prevention of joining gangs at an individual level. Examples of prevention are mentoring programs, investing in after school programs and providing opportunity for trade school and support for those who are trying to leave the gang life. These are some of the options that can prevent street terrorism.
During the first year of the probationary period, potential members were issued a hatchet, presumably for burying excrement, a loin-cloth, and a white robe. They are allowed to participate in the ritual baths after the first year but not allowed to join in the communal meals. Only after another two years passage and swearing oaths were new initiates allowed to participate in the ritual meals and drinks.
The objective of Operation Ceasefire is to perform comprehensives strategies to seize and prosecute delinquents who may carry firearms, to warn others that the offenders face serious punishment and to deter youth from following the same criminal path as the others. The intervention process is used as a deterrence strategy, it is based on the belief that crimes can be deterred when the cost outweigh the benefits of the crime. It targets high risk youths and violent juvenile delinquents. The program uses the pulling-levers technique which focuses on the prevention of gang violence by convincing gang members that there would be intense punishment following violence or illegal gun use; which would influence them to change their conduct. An important component in the intervention process is the delivery of a straightforward and clear message to only the gang involved youth so that it can target those that are in gangs rather than using resources on those who are not. The message was not a deal with the gang members but preferably was assurance to gang members that violent conduct would cause an instant and
... crying.” The plaintiff alleges violations of his constitutional rights under 42 U.S.C. §§ 1983 and 1988 (2000) and civil rights conspiracy in violation of 42 U.S.C. §§ 1983 and 1985 (2000). The defendant moved to dismiss the complaint in its entirety on the basis of qualified immunity. The court dismissed the state law claims but found that the defendant had in fact violated the plaintiff’s constitutional rights due to the fact that “a state actor, through his agents, cannot randomly beat a student.” The defendant was also denied dismissal of the claim based on qualified immunity because a state actor cannot arbitrarily commit violence against a student. The plaintiff was able to show that Coach Edmundson’s conduct did violate his constitutional right of substantive due process to be free from the infliction of malicious corporal punishment by school official.
Smith, C. E. (2004). Public defenders. In T. Hall, U.S. Legal System (pp. 567-572-). [Ebscohost]. Retrieved from http://web.ebscohost.com/ehost/ebookviewer/ebook
Self-efficacy refers to an individual’s belief in his or her capacity to execute behaviors necessary to produce specific performance attainments (Bandura, 1997). Self-efficacy works hand-in-hand with a student’s abilities to have self-control in their motivation, behavior and their social environment. In the classroom self-efficacy will be present in situations involving their overall behaviors and learning achievements. A student with good self-efficacy will show a good conscience when making decisions on their behavior, time management, and effort given throughout the course work that is given to them. This will be a case to case situation as everyone is different, but also will depend on the age of the
Trust plays a vital role in the lives of humans as it is the pathway to founding and maintaining a good, morally mature society. Whether it is trusting another in team sports, friendship, or just for help and guidance, trust is able to increase the strength of the bond between any amount of people. Although we rely on our trust for another to see through to a desirable result, we are in fact risking what we are entrusting to another, and it is probable that our trust is taken advantage of and lead to betrayal. Why this is the cause and what action should be taken to minimise betrayal has been explored by many philosophers such as Plato, Thomas Hobbes and David Hume.
"Non-Lethal Weapons Program." Current Non-Lethal Weapons NICO BTV-1 Flash Bang Grenade. N.p., n.d. Web. 03 Apr. 2014.
Some issues that surround trust is the members within the group will feel vulnerable. Reason why vulnerability is presented is that members are opening up to a room full of strangers. Members may feel that others may judge them or look down on them when they feel comfortable to open up to the group. There are multiple methods to build trust within a group one is “Exposing yourself” Open yourself to others. Not in a dangerous way where people can take advantage of you, but rather in a way that demonstrates honesty and humility. Your group needs to know that you are just like them. Be willing to admit your own failures. If you put up a wall around yourself, your group will too. Members of the group begin to trust the leader when they feel the leader will be helpful, guiding them through to resolution of the issues that trouble them, another
Herbert George (H.G.) Wells’ 1895 scientific romance novella, The Time Machine, is considered to be one of the forerunners of the science fiction genre. Whilst the story was not the first to explore the concept of time travel, it is quite significant for its pseudoscientific account of how time travel could perhaps occur, this interpretation has shown to be quite influential to numerous productions in both media and literature. Wells explores a number of themes throughout this novella, however there are three prominent ones, the relativity of time, social Darwinism and evolution, and capitalism. These themes explore concepts which are relevant to society and creates connections with the intended 19th century audience.
In the first stage of initiation the boys are taken from their mothers homes and taken to live at the men’s clubhouse. Here boys are given a ritual sponsor who is usually in the third or forth stage of initiation (Herdt 1981: 55). Early in the first stage is the stretching right. “The stretching rites are the initial stimulus to spur masculinity” (Herdt 1981: 223). In the stretching rites the boys are carried off into the woods by their ritual sponsor and sticks or switches are rubbed against the bodies of groups of boys by the elder males. The boy’s skin is rubbed and perforated. This is said to remove “sweat and the fine down of the boys cheeks, arms and legs” (Herdt 1981: 222) which are contaminants caused by close contact with their mothers. After this dangerous ritual their sponsor must carry the boys back to the men’s clubhouse.
Each person has the natural don of having the ability to do something such as being good at writing, dancing, singing, playing soccer, etc. And they believe they can achieve these tasks without problems. Each person is good at something and sometimes they need the right time and environment to proceed with it. Personally, the sense of self-efficacy that I have about myself is writing important essays for my classes; I know I am not a good writer, but I try to do my best on doing better essays each time I do one.
Trust is believing someone or something is reliable, honest, and effective. In any relationship the people in it need to have trust, so they can be assured that they can share anything with the other person. The movie from 1990 Goodfellas by Martin Scorsese is an example of people having to trust one another. The movie keeps me interested because it keeps you wondering who’s going to be next to be killed even though I have watched it multiple times. If the mob has a problem with you they will deal with you by killing you or your family on easier instances they’ll simply make you disappear. They don’t care if you have been loyal if they lose your trust.
In their research, Thomas et al. (2009) use the following as a working definition for trust: “Trust is based on beliefs about the other party which are shaped by information.” (2009). We can see just through this de...