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Category Archives: Samples

August 15, 2023
August 15, 2023

Case Study – Negligence Legal Issues

Question 1

Identification and Discussion of Legal Issues

In the case of Xin, he intends to sue the Margaret River camping ground for his injuries, arguing that they should have replaced the net or at the very least warned of the danger posed by the hole in the net. The legal issue highlighted here is negligence. Negligence is the failure to take plausible care to evade causing damage to another person. It entails a legal obligation on the part of the public to behave in a certain way to minimise the risk of harm to others.

In law, to prove negligence, we will use the 2014 Court of Appeal of New South Wales in Reid v Commercial Club (Albury) Ltd [2014] NSWCA 98. It was a petition for a personal injury lawsuit where the Albury commercial club was the defendant. Reid awarded costs after failing to determine any violation of an obligation by the defendant at first instance. On June 18, 2010, the appellant was injured while attending an accolade night ceremony at the defendant’s property in Albury. The plaintiff broke her anklebone and sustained a foot injury while strolling to the podium in the theater where the event was held after missing the stairs to the ballroom and falling (Reid v Commercial Club, 2014). The accused, who was the owner and dweller of the Commercial Club Albury, was sued by the plaintiff, charging that the defendant had violated an obligation of care overdue to her. Case Study – Negligence Legal Issues.

Even though the ballroom was below the elevation of the stage itself and that the bulb had been darkened for dancing after the awards presentation, the judge found no violation of duty by the accused at first instance. It was a situation involving the responsibility of the occupier (Reid v Commercial Club, 2014). The Court of Appeal held that the liability of a premises occupier to users of its property is to take reasonable responsibility to eliminate a possible threat of injury to participants. Still, the duty does not apply to avoiding all risks, keeping in mind that what is reasonable can differ depending on the complainant’s entry into the property.

In the case of Joey, she intends to sue Margaret River’s local authority (the council) for failing to install a barrier around the cliff’s edge. The legal issue developed in this scenario is a tort arising out of negligence. In common law jurisdictions, a tort is a civil misdeed that results in harm or damage to a plaintiff and entails legal responsibility for the person who caused the injury (CHAN, 2016). Duty, breach of duty, cause, and damage are the four components of any good tort case. A violation of obligation by the respondent against the complainant that led to an injury must have occurred for a tort claim to be well-founded.

In law, to prove negligence and the precedent obligation of a government agency, the Australian High Court in the case of Romeo v Conservation Commission of the Northern Territory in 1998 will be adopted. Nadia Anne Romeo dropped six meters from the peak of the Dripstone Mountains onto the Casuarina Beach in rural Darwin on April 24, 1987. Romeo was paralyzed from the waist down due to severe injuries. She sued the appellant, the Northern Territory Conservation Commission, for damages in the Supreme Court.

Case Study - Negligence Legal Issues

The High Court declined to hold the Commission liable. The Conservation Commission was accused of negligence for failing to warn of the cliff’s existence or install a fence or other barrier at the cliff’s edge (Romeo v Conservation Commission, 1998). The Court determined that there was no need for the Conservation Commission to bear responsibility in this case because the danger was evident, and holding otherwise would have far-reaching implications for public access to the natural environment around the country. Case Study – Negligence Legal Issues.

In Jerene’s case, the legal issue is negligence. Jerene wants to sue Margaret River’s local government (the council) for the cost of her physiotherapy and other recovery services because the Town allowed surfboards in the designated swimming area. In law, to prove negligence, the New South Wales Supreme Court case of 1990 between Glasheen and The Council of the Municipality of Waverley will be used. Rebecca Glasheen, 14, was wounded while surfing in white water between the flags at Bondi Beach on a foam surfboard. She became permanently disabled after being struck by a fibreglass surfboard or hitting her head on the seabed while attempting to evade capture (Glasheen v. The Council, 1990). At the time, one lifesaver on duty said he hadn’t seen any surfboard riders in the flagged field.

Sharpe J was tasked with determining whether the council could be held liable for harms suffered in the surf at a public beach or whether policy considerations covered it (Glasheen v. The Council, 1990). He also looked at whether the city council had a responsibility to uphold a private cause of action. Both issues were decided in favor of the plaintiffs. According to the facts of the event, lifeguards’ primary responsibility is to keep a close eye on swimmers in designated areas, which included the prohibition of ‘hard’ surfboards. Sharpe J ruled that the lifesaver had failed to properly supervise the flagged area since surfboard riders were discovered in the area.

Examination and Analysis of Information

Xin intends to sue the Margaret River camping ground for his injuries, arguing that they should have replaced the net or at the very least warned of the danger posed by the hole in the net. The legal principle that the defendant’s wrongful actions must proximately incur damages governs the recovery of damages by a plaintiff in a case (Dietrich, 2015). Injuries are likely to be limited to those that the defendant might reasonably expect. There could be no responsibility if the defendant did not predict that their conduct would cause harm to others. Damages in tort are awarded to put the victim in the position he would have been in if the tort had not occurred.

As for Joey, she intends to sue Margaret River’s local authority (the council) for failing to install a barrier around the cliff’s edge. In Margaret River’s local authority’s defence they will quote that Joey and her friend Jerene could not notice the warning sign due to intoxication. They could also assert that the degree of obviousness of the danger warrants individuals to practice self-care. In exceptional circumstances, the defendant would be required to show that they were not reckless (Kyriakakis et al., 2019). It will only happen if the damage does not have occurred if sufficient precautions had been taken, because there is no other reason for what happened, known as res ipsa loquitor, or the thing that speaks for itself. After all, the defendant was in command of the situation while the victim was not.

Therefore, Joey can use the concept of contributory negligence as a defence. Contributory negligence happens when the claimant is partially to blame for his injury, and the defendant may use this as a defence (Thampapillai, 2015). Depending on the degree to which the complainant is judged liable for his loss, the Court can reduce any damages. The defendant has the burden of proving that the complainant was at fault and therefore led to their injury. Although the injuries are consolidated to represent the degree to which the complainant was responsible for their injuries, the defendant remains liable.

In the case of Jerene, she wants to sue the council for the cost of her physiotherapy and other recovery services. Those in charge of beaches owe a duty of care to swimmers using beaches under their jurisdiction. Areas of possible neglect include insufficient monitoring of designated swimming areas, failure to warn of hidden or unusual naturally occurring hazards, and failure to warn of dangerous surf conditions (Dietrich, 2015). Therefore, Jerene qualifies for special damages due to lost wages and medical bills and general damages and injury.

Case Study – Negligence Legal Issues. In any claim of negligence, the primary remedy would be a payment of damages. The claimant’s injury must be of a sort that is reasonably probable (Dietrich, 2015). If a reasonable individual might have expected how the crash, malfunction, or damage will occur, the loss is reasonably predictable. As a general rule, the complainant must establish that the defendant breached the duty of care. Use APA referencing style.

August 15, 2023
August 15, 2023

Teaching Bilinguals – Case Study. Video 1: Getting Acquainted.

Question 1. Due to globalization, communities worldwide increasingly become multilingual and multi-ethnic, with Florida not being an exception. It has a long tradition of speaking and using Haitian Creole, Vietnamese, and Portuguese, Spanish, and Native People languages, among many others. During my study in Florida, I realized that native students are willing to interact with bilingual students and learn the basics of foreign languages. However, I also noted that peer teams in schools formed on an ethnic language basis were mostly recent migrants with settled students speaking English with their associates regardless of their home language practices.

The state has over one hundred bilingual education programs whereby two or more languages are used as mediums of instruction to study academic content such as mathematics and sciences (Coady et al., 2015). It could be argued that Spanish and English are the most popular languages in bilingual education programs, with English taught as a new language. Similarly, students in bilingual learning programs achieve high bilingualism levels without jeopardizing their first language or academic success in subject areas.

Question 2

The advocates of English language learners in Florida were represented by a Multicultural Education, Training and Advocacy, Inc. (META) coalition. It was composed of civil rights and educational organizations such as the ASPIRA of Florida, the Haitian Refugee Center, and the League of United Latin American Citizens (LULAC) (Coady et al., 2015). Other groups included the Haitian Educators’ Association, the Spanish American League against Discrimination (SALAD), the Farmworker’s Association of Central Florida, and the American Hispanic Educators’ Association of Dade (AHEAD).

Florida’s concession injunction lays out the protocols for identification and assessment, enrolling students in the English as a second language program, exiting learners from the program, and tracking students who have left the program (Coady et al., 2015). It also offers a framework for impartial entry to suitable categorical and another programming for English Language Learner (ELL) pupils. The decree addresses ELL students’ civil rights, encompassing their privilege to unbiased entry to all academic services. The concession injunction institutes a framework that guarantees that ELL participants receive understandable instruction as per their entitlement to remedy these conservations (Coady et al., 2015). Notably, consent decrees are legally binding if the parties agreed to them. It implies the injunction can only be confronted if a single party perpetrated a fraud or if there was a collective error or the court did not have jurisdiction over the issue. Teaching Bilinguals – Case Study.

Question 3

Translanguaging is the practice of using several languages in an integrated communication system by multilingual speakers. It is the ability to use bilingualism creatively, intentionally, critically, and flexibly.  Translanguaging in the classroom will include translating between languages, contrasting and playing with multiple languages, and adopting the native language in a particular event section. In contrast, the institutional language is suitable in a different section. In other areas, words and phrases from various languages are mixed in verbal or written utterances.

Question 4

Scaffolding is the mechanism of segregating learning into workable portions and offering a procedure, or scheme, for each learning activity. Various scaffolding strategies such as pre-teaching vocabulary, visual aids, and giving learners time to talk are usable. Teachers must scaffold translanguaging tasks and help students understand how translanguaging can support their learning in school to optimize translanguaging teaching strategies. Scaffolding that is coherent and well-designed will enable classroom communities accept translanguaging as a standard.

The evidence suggests that learning is more straightforward, meaningful, and lasting when new concepts, language, and terminology are related to what we already know. Therefore, translanguaging is used as a strategy to develop supportive learning structures. For instance, by enabling bilingual students to add another language’s lexical and grammatical structures, it is possible to create a more precise target language and an excellent way to make ends meet (Daniel et al., 2017). Also, an interactive read-aloud in one language, while the discussions, prompts, notes, and answers are in multiple languages, is a successful approach. Notably, metalinguistic understanding is supported by strategies such as contrasting the languages side by side. Pairing students strategically to create bilingual texts and to have bilingual glossaries readily accessible in the classroom is a good blend for promoting translanguaging practices while also creating scaffolding structures.

Teaching Bilinguals - Case Study

Teaching Bilinguals – Case Study. Video 2: Being an Advocate for Bilingual Students

Question 1

Firstly, Ms. Conte promotes a classroom and school culture of celebrating bilingualism by acknowledging student’s language identities and strengths. She lets students thrive in possession of different languages and feel excited by the prospect rather than feel threatened. Ms. Conte achieves this by striving to show that their languages are instruments to help them succeed in their learning, their livelihoods, and their academics. She has also implemented a language in culture portraits at the begging of the year to develop association in the classroom for students to socialize and master each other’s language and ways of life.

Secondly, Ms. Conte has implemented reading books featuring multilingual and multicultural characters to build empathy across existing differences. This way, the teacher also becomes a co-learner alongside the students. Notably, most teachers at Bedford Hills Elementary School are not bilingual despite the students being multilingual. On the positive side, the teacher’s participation in learning a new language helps Ms. Conte develop empathy by understanding what the students go through every day to master a foreign language.

Markedly, it is essential to develop a meaningful relationship between theory and practice. I recommend Ms. Conte implement additional activities with the involvement of inter-language. A good example is comparing short stories among students under the whole language approach of utilizing feedback from other students while also learning to generate their input. Another approach would be to design activities where students talk about their experiences concerning the topic being studied. Such scenarios should be structured to discuss and safeguard their point of view without worrying about accuracy. Teaching Bilinguals – Case Study.

Question 2

Multicultural books are an efficient mechanism for learners to acquire a higher appreciation of their way of life and different people’s cultures. Correspondingly, mastering to communicate with and seriously interpret the articles they read, learners develop better intellectual skills (Valdiviezo & Nieto, 2015). Multicultural readers will educate students about various cultures and encourage them to participate in fruitful discussions about diversity. Students would be exposed to the real-world issues that certain people face today if these subjects are discussed openly at a young age. I have participated in such a practice as an observer. The teachers provided English Language Learners (ELL) with multilingual literature of Spanish and English origin to help them establish a stable base in Spanish as a native language and aid in mastering English as a new language.

This bilingual literature allowed students to study in their native language despite still learning jargon and sentence formation in the new language. It was interesting to see how children who learn to speak and read in several languages can transfer skills and information between languages and improve their fluency in both. Afterward, there were exercises used to contrast and compare international students’ practices and lifestyles with other English-speaking communities, such as charts, sketches, mind maps, and collages. In both popular and uncommon subjects, cards are suitable for comparing and contrasting specific ideas or social aspects in foreign and native cultures.

Question 3.

People who have had success reading in their first language would be more eager to try reading in other languages. Bilingual books of high quality allow them to expand their vocabulary in both languages (Espinosa, 2015). People who learn to speak and read in several languages will pass skills and expertise between languages and be more fluent in both. Bilingual books enable readers to remember in their native language while still learning vocabulary and sentence structure in the second. Students will more readily see parallels between words and compare and learn sentence structure in bilingual books since sentences in both languages are adjacent to each other. It makes such students more likely to test out their recently discovered proficiency skills in a foreign language.

Question 4.

Teaching Bilinguals – Case Study. Through the act of Ms. Conte implementing reading books featuring multilingual and multicultural characters, she also becomes a co-learner alongside the students. Notably, most teachers at Bedford Hills Elementary School are monolingual despite the students being multilingual, with Ms. Conte being one of them. However, Ms. Conte notes that the practice is challenging from a teacher’s perspective because she has to lose some control over the classroom since she also doesn’t know what is being said about or what is happening around her. Her experience of the teacher’s participation in learning a new language and the loss of control helps Ms. Conte develop empathy by understanding the students’ challenges every day trying to learn a new language. Leaving the room for students to express themselves in the classroom creates an avenue for the learners to develop their creative spark essential in language learning. Use APA referencing style.