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.
Risk assessments have to be made when on school trips or off site visits based on students needs for example special educational or medical needs. Adult to student ratio, routes and location as well as emergency procedures.
The court stated that it was the school board decision to give such a risky individual, as a trusted professional employee with authority over students. Therefore, the school board must be held accountable when those risks emerge and cause loss or damages to innocent student.
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.
The leading issue of the WA DoE Duty of Care for Students Policy is stated in Section 1.A “Teaching staff owe a duty to take reasonable care for the safety and welfare of students whilst students are involved in school activities or are present for the purposes of a school activity” (WA DoE, 2007, p. 3). This means teachers are legally responsible to protect students from reasonably foreseeable risks of harm whenever a relationship exists between a teacher and a student. Some examples include in the playground, the classroom or during a school excursion.
NAEYC Code of Ethical Conduct and Statement of Commitment. (2005, April). Retrieved from http://www.naeyc.org/files/naeyc/file/positions/PSETH05.pdfRetrieved from http://journal.naeyc.org/btj/200511/ColomboBTJ1105.pdf
“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
Legislation and the Common law are not separate and independent sources of law. They exist in a symbiotic relationship. Symbiotic relationship refers to the two different sources of legal norms that provide the sum of rules establish system as a whole. (Brodie v Singleton Shire Council (2001) 206 CLR 512, 532 [31])
Common law is the law made by judges when deciding a certain case before the court. The reasoning the judge applies becomes a precedent, to be followed by other lower courts in future matters of similarity. This is the basis for the doctrine of precedent. A precedent is either a binding precedent, the reason for a decision of a higher court that must be followed by a court of lower status in the same hierarchy; or a persuasive precedent, meaning a reason for a decision of another court that is not binding, and should only be considered for its persuasive value. It is the role of the judge in the common law system to develop and expand the common law where he or she sees fit. It is paramount for judges to base their decisions on cases on judicial precedents. The system of precedent can only operate effectively if the respective precedents are recorded. From as early as the beginning of the sixteenth century, judges produced significant cases in law reports. This process still occurs today, but is now systemised and is controlled by Councils of Legal Education in each jurisdiction (Williams 1998).
Royal Pharmaceutical Society of Great Britain. Code of ethics for pharmacists and pharmacy technicians, August 2007.
Responsibility and accountability become important when medical staff gives or doses patients with medication. The chance for making a medication error presents itself at all times. Those passing medications must follow established policies and procedures developed and laid forth by t...
Statutory law comes into existence by Congress and the various state legislative bodies that make up another source of law. Courts develop the common law rules from the principles behind the decisions in actual disputes. Common law is the law created by judges when interpreting statutory law. If statutory law conflicts with common law, statutory law will govern because the body of statutory law has expanded greatly since the founding of this nation. This expansion has resulted in a proportionate reduction in the scope and applicability of the common law. However, the common law remains a significant source of legal authority. Even when legislation had been substituted for common law principles, courts often rely on the common law as a guide to interpreting the legislation on the theory that people who drafted the statute intended to codify an existing common law rule.
Another difference would be the consideration of the jury duty. It seems like common law cares about the jury’s opinion when it comes to solving murderous crimes. As the job of the jury duty is to decide whether the person on the stand is guilty or not. Unlike civil law, where it seems like they do not really care about the jury’s opinion because to them it is no more than a guide (The Economist Explains, 2013). In addition, force of law is considered when the court has to make it's decisions in the civil jurisdictions, whereas in the common jurisdictions, there is a force of law when the court makes it's decision, also they tend to follows up with the precedent, which are earlier events that may be used to help out with the case (Common Law vs Civil Law, 2009). The third difference between common law and civil law system is the role the judges conduct in these systems. According to the common law system, the judge has an active role, as his job is to develop rules and then applying them according to the case. However, during the trial, his role is to listen to both parties and then judge. Meanwhile, the judge's role in the civil law system is to be an investigator, since his role is limited and can only judge on existing lawful
Over the years, different jurisdictions had built their specific system of rules of conduct to govern behaviour. These legal systems, influenced by historical and cultural roots, can be distinguished in two families, the Civil law and the Common law legal systems. The distinctions lies in the process in which each decision is make by the judge and on the legal sources that shapes the law. Indeed, by contrast to the Common law system, which is largely based on Precedents, meaning the decisions that have already been made by judges in similar cases, the Civil law system is based on legislator’s decisions and legal codes with which judges have to justify their judgment . Consequently, instead of referencing to concepts and rules
The Common Law, also known as Anglo-American Law, surfaced in England during the Middle Ages in the 14th century and was spread all over the world with the British colonies. Although England had numerous connections to the rest of Europe in those times, one thing that was not similar was the use of judicial decisions as the foundation of common law.