Tort Walk

Negligent and Intentional Tort Barry University EDU 674 The Legal Environment in Education Timothy D. Blevins, J. D. While conducting a tort walk at one of the local middle schools we identified several possible torts. One was of a building code violation, another in the way money was handled in the lunch room. I am going to pursue the building code violation and what the possible injury could be if not corrected. Upon our tort walk we discovered several windows open to the common areas. These windows were out far enough for a person to walk or run in to. Depending on the persons size this could very easily cause severe injury to oneself. The windows are approximately four feet off the ground tilted out into the courtyard where students and faculty move about. When the bell sounds to change classes there is a lot of movement and confusion. It is easily seen to an observer how one could get hurt. Florida Statute 1001. 2 Says Maintenance and upkeep of school plant will provide adequately for the proper maintenance and upkeep of school plants, so that students may attend school without sanitary or physical hazards, and provide for the necessary heat, lights, water, power, and other supplies and utilities necessary for the operation of the schools. Second, make or contract for additions, alterations, and repairs on buildings and other school properties. Ensure that all plans and specifications for buildings provide adequately for the safety and well-being of students, as well as for economy of construction. Florida Statute 1001. 43 authorizes facilities management thru the district school board to adopt policies providing for management of the physical campus and its environs, including, but not limited to, energy conservation measures; building and ground maintenance; fencing, landscaping,( and other property improvements); site acquisition; (new construction and renovation); dedication and rededication or naming and renaming of district buildings and other district facilities; and development of facilities management planning and priorities. Strict liability by the law essentially means liability that is imposed on an actor apart from either, intent to interfere with a legally protected interest without legal justification for doing so, or a breach of a duty to exercise reasonable care. Strict liability arises as a result of the abnormal danger of the activity itself and the risk that it creates to those in its vicinity (Alexander, 2009). Whether an activity is â€Å"ultra hazardous† or â€Å"abnormally dangerous† requires asking â€Å"whether the risk created is so unusual, either because of its magnitude or because of the magnitude or because of the circumstances surrounding it, as to justify the imposition of strict liability for the harm that results from it, even though it is carried out with reasonable care. There are six factors for determining whether an activity is abnormally dangerous: Existence of a high degree of risk of some harm to the person, land or chattels of others; Likelihood that the harm that results from it will be great; Inability to eliminate the risk by the exercise of reasonable care; Extent to which the activity is not a matter of common usage; Inappropriateness of the activity to the place where it is carried on; Extent to which its value to the community is outweighed by its dangerous attributes. All of these factors are important in consideration, but not all are required, and one is not more important than the other. Negligence can be a part of this scenario as well. Negligence differs from an intentional tort in that negligent acts are neither expected nor intended, whereas an intentional tort can be both anticipated and intended. With negligence reasonable person in the position of the actor could have anticipated the harmful results. An example of this is the window open at the school during class change. The school knows the courtyard is crowded at this time and have been notified previously that it is a danger to students and faculty. A student runs into it not paying attention while talking to another student. Johnny’s eye is severely cut and requires surgery to fix it. This scenario would follow under this term negligence. It was not really intentional nor was it anticipated but it did happen. The school would be liable in this case. Reasonable person has been described by different courts but has roughly four elements: The physical attributes of the person Normal intelligence Normal perception and memory with a minimum level of information and experience common to the community Such superior skill and knowledge as the actor has or holds himself or herself out to the public as having. To have a valid cause of negligence, certain prerequisites must exist. These four categories are divided like this: A duty to protect others A failure to exercise an appropriate standard of care The existence of a casual connection between the act and injury, called proximate or legal cause An injury, damage or loss Building codes for public schools are different than private schools. Under the building codes for Florida schools certain safety regulations are required to be in place. Older schools have to be refitted to the standards of today. Some schools are condemned and others remolded to remain open. My course of action would be to retrofit the school with windows that do not open to the outside courtyard that could possibly injure personnel, or to secure the windows so they can only open an inch to prevent students from coming in contact with. Better to fix the problem now before there is a law suit.

Definition of Groups and teams Essay Example | Topics and Well Written Essays - 750 words

Definition of Groups and teams - Essay Example Definition of Groups and teams In this age of competiveness and extensive rivalry, sustainability is the most essential requirement of any organization. This might be possible only if the employees of the organization work in groups and teams so as to accomplish the objectives and goals of the future era. Along with this, such type of coordination within the employees of the organization might help in enhancement of their inner skills and experiences thereby amplifying their performance. And, this might help in enhancement of the productivity and profitability of the organization to a significant extent thereby amplifying its brand image and reputation in the market. Therefore, it might be stated that, the concept of groups and teams is extremely essential for the employees of an organization in this age of globalization. A group is recognised as a collection of individuals comprising of similar type of characteristic features and qualities. And as a result of which the individuals within a specific group desire to share varied types of ideas and information among themselves thereby amplifying their skills and talents. Moreover, the members within a group also try to share all sorts of believes, principles, and standards so as to resolve varied types of inconsistency. A group is recognised as a collection of individuals comprising of similar type of characteristic features and qualities. And as a result of which the individuals within a specific group desire to share varied types of ideas and information among themselves thereby amplifying their skills and talents.... 134-234). Storming is the second stage of group development. And in this stage, varied types of conflicts and arguments take place within the members of the group so as to maintain mutual understanding and agreements among all. This is done, to understand the inner ideas and views of the members over a specific topic so that, differentiated opinion may not take place. This is extremely essential for the individual of a specific group, as it might prove effective in enhancing their dedications to attain a specific task (Brown, 2007, pp. 461-469). Norming is the third stage of group development and in this stage, the level of intimacy among the members of the group gets enhanced. As a result of which, the inter-personal relationship and bonding among the employees of the group gets enhanced thereby amplifying their level of dedication over the assigned tasks. It might also enhance the scope of success of the tasks or objectives of the specific group. Thus, it is extremely essential for a group in order to accomplish the assigned duties and responsibilities. Performing is the fourth stage and in this phase, the employees or members are just ready to perform and tackle all sorts of tasks or duties. As a result of which, the ways to achieve the specific tasks and objectives become easier and simpler in nature. And so, it is extremely essential for a group of members (Adair, 2010, pp. 34-45). Adjourning is recognised as the last stage of a group development process. And in this stage, the members gets scattered again. And then, the members again try to connect with other members so as to get united into a separate group. Therefore, it might be stated that Tuckman’s five

Impact of Supply Chain on Business to Business Marketing Essay

Impact of Supply Chain on Business to Business Marketing - Essay Example "A Supply Chain consists of all stages involved, directly or indirectly, in fulfilling a customer request. This includes manufacturers, suppliers, transporters, warehouses, retailers, and customers." (Chopra and Meindle, 2005) The systematic and strategic coordination of the traditional business functions and the tactics across these business functions within a particular company and across business within the supply chain, for purposes of improving the long-term performance of the individual companies and the supply chain as a whole. Basically the process of supply chain management can be divided into three distinct flows; the product flow, the information flow and the finances flow. The product flow includes the movement of goods from a supplier to a customer. The flow of information related to the status of product delivery is referred to as the information flow while the finances flow involves payment schedules, credit terms and title ownership arrangements. A supply chain is a set of network facilities and distribution options that perform functions like procurement of raw material and their transformation into finished products. The management of interconnected business activities that are involved in the provision of product and service packages is referred to as supply chain management. ... It is defined as the management and coordination of a product's supply chain in order to increase efficiency and portability. It consists of all the stages involved in fulfilling customer requests. According to an American professional association, supply chain management comprises the planning and management of all the activities involved in sourcing, procurement, conversion and logistics. Competing in a Global business through Alliances Reaching the Global Market Focusing on Core Expertise/Business (Lee and Billington, 1992). Major Goals of Supply Chain: Efficiency Responsiveness (Lee and Billington. 1992) (Teigen, 1997) This figure shows an example of a supply chain. Materials flow downstream, from raw material sources through a manufacturing level transforming the raw materials to intermediate products (also referred to as components or parts). These are assembled on the next level to form products. The products are shipped to distribution centres and from there on to retailers and customers (Teigen, 1997). Critical Success Factor of a Supply Chain: In the success of supply chains following factors are very crucial. Alignment of Business Strategy Understand the Market your company serves Define core competencies of your company Develop needed supply chain capability Supply Chain Management: Supply chain management is a set of approaches used to efficiently integrate suppliers, manufacturers, warehouses, and customers so that merchandise is produced and distributed at the right quantities, to the right locations, and at the right time in order to minimize system wide costs while satisfying service-level requirements. The strategic activities that are a part of the supply chain management involves

Texas state laws on sex offenders Essay Example | Topics and Well Written Essays - 1250 words

Texas state laws on sex offenders - Essay Example In addition, they need regularly to visit the registering authority to update the information on matters such as address change. Should one fail to register as a sex offender, they are liable for felony prosecution that could result in their being taken back to prison or having their parole revoked. The public can access these records through a variety of ways availed by the state of Texas, primary to this is a statewide database that maintains updated information on all registered sex offenders accessible to anyone freely at any time. Members of the public can access the information herein through the website https://records.txdps.state.tx.us/soSearch/default.cfm . In addition, native law administration agencies in the Texas are by law mandated to have a sex offender registry with information on all the registered sex offenders in the area. Based on the nature of the crime, the laws in Texas allow authorities to publish some of the sex offender registration information on local newspapers (Schiavone and Elizabeth 681). Finally, should an individual categorized as a high-risk sexual offender move into an area, the authorities will be expected to notify the community by mailing everyone in it a postcard with the description of the individual and nature of the crime. In 2011, the national, Sex Offender Registration and Notification Act (SORNA) was passed and states were required to expand their categories of sex offenders who are to include juveniles and adult offenders that committed certain crimes before the laws was passed (United States Congress). This law sets the minimum requirement that characterizes the offences and the way offenders should be classified and determines how long they should remain registered. States that refused to meet the requirements for the SORNA act would lose 10% of their Byne Law enforcement

PUBLIC LAW Essay Example | Topics and Well Written Essays - 2500 words

PUBLIC LAW - Essay Example The legislative or law-making function, which is the enactment of rules for the society. The executive or law-applying function, which covers actions taken to maintain or implement the law, defend he state, conduct external affairs and administer internal policies. Finally came the judicial or law enforcing function, which is the determining of civil disputes and the publishing of criminals by deciding issues of fact and applying the law. The three functions of government should be carried out by separate persons or bodies and that each branch of government should only carry out its own function. For instance, the legislature, executive and judicial branches should have equal status so each could control the excessive use of power by another branch2[Constitutional and Administrative Law Pg 105]. The doctrine of separation of powers has been attributed to Aristotle3. However, the clearest exposition of the doctrine can be found in the France writer Baron de Montesquieu's De L'Esprit des Lois (The Spirit of the Laws) [1952]. In order to answer this question it is necessary to discuss about the executive, the legislature and the judiciary, the relationship between executive and legislature, legislature and judiciary; executive and judiciary. ... The Constitutional Reform Act modifies the office of Lord Chancellor and makes changes to the way in which some of the functions vested in that office are to be exercised. Part 2 of this Act modifies the office of Lord Chancellor and provides for the future exercise of certain functions of that office and for continued judicial independence4. [Constitutional and Administrative Law Pg 109] The Executive: The Executive may be defined as that branch of the state which formulates policy and is responsible for its execution. In formal terms, the sovereign is the head of executive. The Prime Minister, Cabinet and other ministers, for the most part, are elected Members of Parliament. In addition, the Civil Service, local authorities, police and armed forces, constitute the executive in practical terms. The legislature: The Queen of the parliament is the sovereign law making body within the United Kingdom. Formally expressed, parliament comprises the Queen, the HL and House of Commons. Parliament is bicameral, that is to say there are two chambers, each exercising a legislative role-although not having equal powers-and each playing a part in ensuring the accountability of the government. The judiciary: The judiciary is that branch of the state which adjudicates upon conflicts between state institutions, between state and individual, and between individuals. The judiciary is independent of both parliament and the executive. It is the prime feature of judicial independence which is of prime importance both in relation to government according to law and in the protection of liberty of the citizen against the executive. As Blackstone observed in his Commentaries that the administration of common justice be in some degree separated both from the legislative and

Disaster Recovery Information Case Study Example | Topics and Well Written Essays - 750 words

Disaster Recovery Information - Case Study Example As long as the management’s input is required, their perceptions and expectations must be elicited and their commitment to the process of CSRIT must be acquired to sustain and prolong the operations of CSRIT. Resolve the CSRIT progress strategic plan: The project management and administrative issues such as specific timeframes, project group and presentation of the project group stakeholders, and communication to the management and project team should be addressed when giving thought on how to manage the progress of the CSRIT. Acquire relevant information: The necessary information required to carry out such task can be sought from the stakeholders or business manager and representatives from IT, human resource, public relations, legal department, risk management specialists and security. The information can also be obtained from conferences which offer CSRIT education. Modify the CSRIT vision: This entails clearly defining the goals, expectations, funding, organizational model, mission, objectives and constituency. The visions might also be the bargaining power when acquiring the management’s support and buy-in. After the modification of the vision of the CSRIT, the communication of the same should follow. CSRIT vision should be communicated to the constituency, management, and other person who understands the CSRIT operations after which adjustment deemed necessary are made. Implement the CSRIT: Implementation is done once the constituency and management have agreed to buy in depending on the vision. This entails recruiting and training CSRIT staff, buying equipment and building the essential network system, developing the procedures and policies to guide the CSRIT services, building incident tracking systems, and making the guidelines for reporting incidents.

Population Advocate Role Essay Example for Free

Population Advocate Role Essay More than 50 million people in the United States have disabilities (Bauer, 2008). With the growing population and the careless lifestyle of some people, it is envisaged that more people would fall into this bracket. These disabilities include blindness, deafness, the handicapped, the mentally retarded and other ailments that does not allow people function as they would in the society. Although the government is doing its best to curb the rate of disability, it seems as if enough attention is not being given to those that are already disabled in our society. This is the job of the population advocate. The population advocate role has become a necessity in the human service field. This is because unlike other people of the society, these sections of the society have special needs and they need special attention. However, the question is who will take his/her time to attend to the needs of these people? The populations advocate for the disabled plays the role of speaking on behalf of the disabled section of the society. As a result of their condition, disabled people are often sidelined in the society and given little or no attention. The population advocate takes it upon himself/herself to see to the welfare condition of these people. The duty of advocacy should not be left to individuals and welfare organizations. It should be the collective responsibility of everyone as these people are also part of our society. People with disabilities have needs such as housing, treatment, short and long-term medical care, education, probation, and domestic violence. As an advocate, I can play a role by volunteering to take anybody with disability around me for treatment and ensure that he/she is treated like other patients. Apart from this, I would speak up, make a report to the police and rise in defense of the disabled whenever I see them being a victim of domestic violence. I will also make sure that I become a guide to the disabled person around me and become friends with them. I will also contact various welfare organizations to fund housing projects for the disabled in my community.