Case study 8.1 Example | Topics and Well Written Essays - 250 words

8.1 - Case Study Example The regular class room environment is least restrictive for Rhonda because she had the ability to compete with the rest of the students verbally. Rhonda’s skills in reading, writing, and verbal communication stand a chance to be enhanced within the regular classroom environment. Resolving Rhonda’s case is not only important for her personal growth and development, but also for her educational welfare. As an administrator, I would have assessed and evaluated the circumstances within which the regular classroom failed to achieve the desired results for Rhonda. The regular and special teachers involved had collaboration-based issues relative to Rhonda’s case. I would ensure that the two teachers did exactly what they were required to do under the IEP before settling at placing Rhonda in the self-contained special education. On the same note, I would advocate for Rhonda’s total interaction with students in the regular classroom setting. This is because Rhonda does not exhibit critical disabilities that necessitate total placement in self-contained

Communication Strategies in Nursery Settings

Communication Strategies in Nursery Settings This essay will be exploring the importance of effective communication strategies within nursery settings; also highlighting potential barriers which could be faced by practitioners and managers. It will also be discussing the benefits of staff appraisals, along with implementation strategies for appraisals, grievance and disciplinary procedures. Employment processes will also be discussed within this essay, with particular reference to policies which must be in place within nurseries; in compliance with national standards. Effective management within a setting is important as â€Å"the quality of management is one of the most important factors in the success of any organisation† (Mullins, 2010, P.786). In order to become an effective manager background knowledge and understanding of certain areas is required. Communication takes place within the daily running of a nursery through many different forms, including; verbal and non-verbal communication. However communication may be misread by the receiver if the communicator’s facial expressions, body language or lack of eye contact is misleading; a good connection between the communicator and receiver is essential as it ensure the message is received correctly. Effective communication ensures good working practice and a welcoming atmosphere within settings for practitioners, children and parents. â€Å"Communication is therefore a central component of effective business operations† (Hargle, et al, 2004). Although managers must practice good communication skills with their staff team, it is a two-way process requiring all participants to effectively practice these skills; ensuring positive outcomes. However this is not always possible, as some participants are not always willing to listen to or accept others ideas or opinions. By becoming active listeners’ individuals are consciously practising effective listening skills and promoting good practice; however this may not always happen in daily practice, as the environment plays an important role in effective communication. If the setting is busy or not all members of staff are in the same area, communication would therefore be more difficult; resulting in some messages not being passed on or forgotten. There are three general categories for communication; aggressive, assertive and passive. Good managers and leaders aim to be assertive communicators, to ensure the goal is reached but also ensuring all parties feel valued. Whereas passive and aggressive communication are not effective forms of communication for leaders and managers; as passive communicators do not like to put their ideas forward and go along with others to avoid conflict. Aggressive communicators are â€Å"generally perceived as selfish and unwilling to compromise† (About.com, 2012). These will form barriers to effective communication as some recipients will not be willing to listen to aggressive communications, as they may feel they are being dictated to. The ability to guide practitioners through situations which may arise ensures effective leadership and positive outcomes for children. Although managers are required to implement new requirements, such as the reformed EYFS, many members of staff may not be comfortable with the change. â€Å"Effective leaders understand that any organisational change can have a major impact on the lives of those involved or affected by it† (Rood, 2006, P.186). The leadership continuum, developed by Tannenbaum and Schmidt, shows â€Å"a range of action related to the degree of authority used by the manager and to the area of freedom available to non-managers in arriving at decisions† (Mullins, 2007, P.372). Effective leadership empowers staff members to work towards a shared goal, achieving positive outcomes for children, practitioners and the setting. To achieve this, leaders must inspire others through positive role modelling, collaboration, open-ended conversation and encouragement. Isabelle Albanese’s 4 Cs of communication are comprehension, credibility, connection and contagiousness. â€Å"The 4Cs quickly provide a pocket tool to evaluate the effectiveness of every kind of communication† (PMP, 2014); ensuring communication is precise, understood, captivating and progressing in achieving goals. Therefore by using the 4 Cs managers and practitioners alike are able to focus on essential information within their communication, ensuring the effective running of the nursery. Appraisals are usually carried out within nursery settings on an annual basis, in order to discuss evaluate and track individual practitioner’s performance, progress and future ambitions; with particular reference to training needs and future professional targets. The appraisal form provides a documented account of what has been discussed by management and staff members, with a signed copy of individual action targets agreed by all parties involved in the process. It must also comply with the UK Employment Equality (Age) Regulations 2006, which states that â€Å"It is unlawful to discriminate, harass or victimise job applicants, employees or trainees on the grounds of age† (Compact law, 1996-2014); all correspondence recorded in the appraisal process should not discriminate against the individual due to their age, race, religion or disability. Management training on how to deliver effective appraisal is beneficial as it ensures management are motivating their staff to reach their full potential; whereas ineffective appraisals will make practitioners feel demotivated in their job role. Effective appraisal systems must measure, debate and plan individual development and targets, generating useful feedback in both directions (Hay, 2008). Appraisals also offer practitioners the chance to voice their opinions and ideas on the running of the nursery; therefore managers must be open to ideas and opinions of their staff in order to maintain positive working relationships and improve their setting in the best interests of staff and children. Appraisals are a chance for both managers and practitioners to raise any concerns they may have over working practice, whilst also reflecting on their own performance within their role; both positive and negative. However some practitioners may see appraisals as a chance for management to be ne gative and list issues they may have; therefore it is essential for managers to take into account the views and opinions of practitioners, and offer constructive targets for improvements. â€Å"New staff should be given copies of policies and procedures as part of the induction process and given the opportunity to discuss them with their line manager† (Daly, et al, 2009, P.287).This should include the nursery’s appraisal policy, and should be easily accessible for practitioners to access when they require. The policy should clearly state what is expected from both practitioners and management during the appraisal process. Employees are often required to fill out an appraisal form prior to meeting with management, where they are able to reflect upon their own job performance. It is important for managers to provide practitioners with the last year’s appraisal, to allow them to reflect on whether they have achieved their own personal development targets; also giving them the chance to complete targets they may feel they haven’t achieved. However it could be argued that self-appraisal should be continuous practice throughout the year, in order to maintain high standards of care and learning for the children. â€Å"Self-appraisal should not only be seen as part of the appraisal process. It is also, in a more or less informal way, a regular feature of nursery work† (Sadek and Sadek, 2004, P.140). Performance appraisals are a good tool in identifying particular individuals who are progressing well in their job role, and who may be eligible to progress to the next pay and job level; within some bigger nurseries. They also prove worthwhile in motivating individuals within their role, through personalised discussion and development targets. â€Å"Managers of effective settings provide intellectual stimulation for their staff, along with respectful individualised support† (Miller, et al, 2012, P.288). Although the appraisal process provides a private personalised time where individuals are able to discuss their concerns with managers, it is important for managers to address any pertinent issues with staff as they arise. This therefore ensures that issues are resolves quickly and effectively, rather than being left to escalate. However this is not always possible within larger nurseries whether staff members do not always come into contact with management. Like the appraisal policy the disciplinary and grievances procedures must be clearly set out within a policy, and kept in an easily accessible place for employees to refer to as required. These procedures ensure the safety and protection of all staff in the setting; in accordance with the ACAS code of practice and current legislation, including the Employment Act 2008. They provide â€Å"clear and transparent structures for dealing with difficulties which may arise as part of the working relationships from either the employers or employees perspective† (CIPD, 2014). The policies should also set out what is expected from staff members, in relation to their conduct; therefore trying to avoid such issues; however this is not always possible. Issues which may arise include lateness, capability, bullying and performance of individual practitioners. Disciplinary and grievance procedures aim to deal with these issues in house, without the involvement of a tribunal. The three stages of the disciplinary procedure are as follows; issuing a letter to the employee, a meeting between management and the employee and then finally a chance for an appeal. The ACAS code of practice states that â€Å"employers would be well advised to keep a written record of and disciplinary or grievances cases they deal with† (ACAS, 2009, P.2). This is an important aspect of the procedure, as the records provide evidence in case the issue goes to an employment tribunal. Training is essential in order for management to conduct an effective disciplinary interview; â€Å"Having the appropriate training and knowledge enables you to be in control and manage any situations that arise† (Niched, 2012). Employees should be given advanced notice of the meeting in the form of a letter, at least 72 hours prior to the meeting. All facts surrounding the case should be examined and investigated prior to the meeting, ensuring management are aware of all the facts. It is essential that another member of management records notes during the meeting, to guarantee that evidence is collected in case a tribunal is called. All parties involved must be able to put their side across, with plenty of time; this may include relevant witnesses to the case. In order for the manager to make an informed decision they must remain impartial during the meeting, then deliver the verdict to the employee in writing; along with information in case they wish to appeal the verdict. In conclusion to the interview the outcome may involve no action being taken, a warning being issued or the dismissal of the employee. The manager with decide which of these outcomes is appropriate due to the nature of the case; however they must be able to prove their decision is appropriate and reasonable. Instead of filing a formal procedure employees should be able to approach their managers on a daily basis to discuss any issues; however they may not always feel comfortable doing this. The employment of new staff within nursery settings follows three stages; advertisement, selection and recruitment and induction. Nurseries are required to have policies in place to reflect these stages, stating how they aim to employ high quality staff whilst maintaining equal opportunities for all applicants. The wide deployment of advertisements at the same time allows a wider range of applicants to apply for the job, with equal time to apply. The vacancy should be advertised to all areas of the community, which is essential to maintain equal opportunities. To select potential candidates from all the applications managers must review their curriculum vitae against the job description. This is an effective way to avoid discrimination, as they are not being deterred by race, gender or age; it is focussing on their individual skills and attributes, which are appropriate to the role. Having two members of management involved in selecting new members of staff promotes equal opportunities and avoids discrimination; all decisions should be recorded and delivered in writing. Settings must have an induction policy which clearly sets out how new staff will be introduced to the setting; effectively informing them of the daily running of the nursery and settling them into the environment. This should also include the new member of staff being given the nursery policies to look at, making them aware of the policies and procedures; also identifying children with particular needs or allergies. This is an effective tool during the induction as it avoids mistakes being made, for example a child with a dairy intolerance being given milk to drink by accident. In an ideal world the shadowing of a current member of staff would provide the new employee with a mentor and a chance to familiarise themselves with the daily running of the setting. However this is not always the case or possible within settings, as due to the busy nature of the environment existing staff members may not have the time to show them certain things; resulting in the new employee not gaining the relevant knowledge needed. The staff development policy must take into account the ever changing needs of the children in the setting, as well as the changes in legal requirements; such as the reformed Early Years Foundation stage. The key elements of effective practice (KEEP) states that effective practitioners must have, â€Å"knowledge and understanding in order to actively support and extend children’s learning in and across all areas and aspects of learning† (Surestart, 2005, P.3). Individual staff personal development plans identify the training needs of individuals, ensuring they receive this training is essential as high quality care and education is important in ensuring positive outcomes for all children. â€Å"Effective practice in the early years requires committed, enthusiastic and reflective practitioners with a breadth and depth of knowledge, skills and understanding† (Wilcock, 2012, P.50). The settings promotion policy should clearly set out how promotions will be identifie d and given at appropriate times, in accordance with the recruitment policy and equal opportunities; staff appraisals also help to identify potential candidates for promotion. In conclusion effective communication is essential within nursery settings to ensure the smooth daily running of the setting, whilst also achieving the highest outcomes for children. There are many potential barriers to effective communication, which must be overcome by all practitioners to maintain effective practice, and positive working environments. Appraisals are an important factor within staff development as they identify positive aspects of practice, whilst also identifying improvement targets; improving the environment and care of the children. Disciplinary and grievance procedures must be carried out effectively in order to resolve issues quickly and appropriately, within the best interests of all involved. The employment of new staff should reflect equal opportunities, whilst retaining high quality staff appropriate to the role.

Mans Eternal Search for Affection Explored in The Hunchback of Notre D

Victor Hugo penned a fantastic, picturesque story of passion and the human spirit in The Hunchback of Notre Dame. The dramatic emotions of the characters play out on the stage of fifteenth century Paris, France. Quasimodo, a repugnant physical defect of nature, lived severed from human contact, excepting that of the solemnly aloof priest, Claude Frollo. For his part, Frollo strove for knowledge until he encountered the captivatingly gorgeous gypsy dancer, Esmeralda. She existed solely to adore an arrogant captain of the King's Archers, named Phoebus de Chateaupers, for saving her from being kidnapped. Enticed by Esmeralda's dancing to the depths of his being, Frollo outwardly denounced her as a sacrilegious sorceress, but his body raged for her out of lust, accounting for his repeated attempts at having her prohibited from dancing near the cathedral, or stolen away. Esmeralda, furiously in love with Phoebus, nearly sacrificed her virtue to gain his heart, before Frollo gravely wounde d him. Tortured into confessing witchcraft and condemned to die by a court with church officials, the gypsy enchantress obtained sanctuary in Notre Dame cathedral, rescued from the hangman's noose by Quasimodo. At this point, Frollo attempted to claim Esmeralda's merciful and virtuous heartfelt forgiveness for his passion, failing miserably because his efforts appeared feeble and lascivious. Frollo and Esmeralda perished, however, after a storming of the cathedral and gruesome battle, dying sacrifices on the altar of human emotion. How emotion may exist in a studious and solemn man, having only acquired knowledge of books for a score of years, seems impossible. But desire for Esmeralda arrived after Frollo had â€Å"discovered that a man needs affection ... ...her temptation had accomplished this; therefore her cruel effect must have been fate. As she awaited death, one character noticed the incidence of destiny when she remarked that â€Å"‘God has it all written down in His book'† (182). One aspect of Victor Hugo's work, his revelations of themes, philosophies, and morals through humorous characters, seems reminiscent of Sir Walter Scott's usage of a comparable pretext. Through the philosopher/poet, Gringoire, Hugo presents a moral that â€Å"‘the temptations of the flesh are pernicious and malignant'† (276). Certainly there exists some truth to this supposition on a central idea of the novel, the animosity stirred by mortal sensitivity, that during man's eternal search for affection--even when he possesses it, he still craves more. WORKS CITED Hugo, Victor. Notre Dame de Paris. Paris, France. (publisher unknown). 1831.

Impacts of Immigrants in Belize

Immigrants are generally understood to be persons who leave their country to settle in another counter usually for permanent residence. These people are sometimes referred to as aliens; these are persons who do not owe allegiance to their country. Allegiance is a form of fidelity said to be shown by the part of a citizen to his/her state. In contrast if the immigrant does not owe allegiance to his/her country and that person violate rules, laws, policies or customs of a foreign country then this person is known as an illegal alien. The role of immigrants has for a long time created significant interest among policy makers. Issues concerning the amount of immigrants allowed to enter a country have risen. The mostly known nation of immigration is the U. S. but as Belizeans leave in search for â€Å"a decent living† in the U. S. , many other Central American immigrants enter Belize. Many people migrate for many reasons for example to join family members who have migrated in past years, to search for economic opportunities, to escape maltreatment or sometimes for the simple reason that they want a fresh start. Immigrants/immigration, have been a controversy within Belizean societies over the past years where economic growth created by some of these immigrant populations, is linked to the growing aspect of crime, invasion as opposed to population stabilization and Native employment to self employment. Do immigrants take away the jobs of Belizeans? Many times when natives are asked for reasons for their unemployment, they respond by saying that people that are entering the country have been taking their jobs. This view of immigrants has increased because of the success in the economic sector. When immigrants enter the country, they come entrepreneurially meaning the lack the experience to be employed. This means that the do not possess the expertise to own a business to employ people. Therefore they self employ themselves. Producing small amounts of goods for their daily survival. Belize is known to be a third world country, therefore; this small country is growing economically. Belize is a small country with a small population; therefore we are impacted in some way or the other with immigrants. The term immigrants mean foreigners coming from outside countries to reside in our society. We really do not know who they are and what their intentions are to live in Belize. That is why it is important to learn why they decide to live in our country other than theirs. Such in the case of the Mennonites for example, where they aid Belize in the agriculture field; they produce many or most of Belize’s vegetables. Over the past years they have extended their efforts to export goods to foreign countries and with agreement with the government, some of the income generated stay for the government of Belize. Therefore these Mennonites have become an integral part of our society. If the Mennonites were not around, where would all the chickens come from that are consumed today and the agricultural goods such as corn, vegetables, eggs, compost, etc. They have taken and wisely created a link between their farming and sustainably using their land. Their expertise is second to none here in Belize, so we are very thankful for them. According to Roessingh â€Å"the Mennonites have made a very positive contribution to Belize, mainly in the agricultural field and are responsible for a large portion of the products available in Belize. They have what is called a Calvinistic work ethic which says that hard work and frugality is the key to success and leading a good life† (110). Furthermore another group of peole that are vital to societies throughout Belize is the Asian community. These people have successfully opened grocery stores, supermarkets and restaurants in every urban area of Belize, and even in some rural ones. Their propensity for obtaining goods at lower prices means that a lot of items that are considered necessities are affordable. On top of that their conveniently located stores make them essential for the many little small purchases that are conducted daily. Their fast-food restaurants are essential to many Belizean in the way that many people have to get to work early in the morning so these restaurants is the easiest and most common way to access daily meals. Some of the more affordable fast-foods today provided by the Chinese is their fried-chicken and chow-mien and burgers to name a few. For a relatively small sum, one can purchase a full meal that can feed the entire family. Many perceptions of these immigrants have been coming to light over the past years. Perceptions such like people saying that these Asians for example, are making the most money. Some xenophobic individuals or groups in Belize constantly rail against, or in some cases, commit violence against these ethnic groups, particularly those who are dominant in the economic sectors, or those who seem to be taking all the positions of gainful employment; point in case, the recent murders of two female Chinese merchants (Channel 5 Belize). This caused these communities to close their shops for a whole day in respect for their lost one. What did this lead to? In Belmopan for example, most of the supermarkets and stores belong to Asian communities and there was a difficulty in getting goods purchasing merchandise. What would happen if these people close down their stores? So these Belizeans commit crime against these people without knowing the fact that we cannot survive without these populations of immigrants. According to Belize Report volume 5, number 1. Feb. 1999, each immigrant must have a work permit for them to get a job. Why? It is because in the past when they came into Belize they were able to get a job in almost any filed of work. Also, it has created poverty. It is common sense that without a job there is no source of income maintained in a household. This causes a stress on the man in the house because he will not know how to bring food to his families. On the other hand, others who have a job may not have the sufficient income to pay off debts. Immigrants are also satisfied with low income employment. They really do not care about what type of jobs they have or how much they are paid. Once they have a job, they feel good. Does this affect Belizeans on a whole? Many may say that they are taking the jobs of Belizeans but I the income generated by a job is low, why pay a high rates. Many Belizeans are uneducated unaware and uninformed and they will always want to receive more in anything they do. This phenomenon has been going on for years and because of their selfishness they always think that immigrants are taking their jobs . (â€Å"Jobs† Immigration Policy Issues May 2010. March 2011. ). Searching for jobs is one of the aspects of immigration but is there always benefit with people coming in our country? It has been proven that some immigrants bring along some form of crime. From where do you think most gangs originated in the country of Belize? There are gangs under the name of ‘Bloods’, Crips, ‘Mara Salvatrucha’, and so forth. All these gangs have been heard of in our daily news cast. This type of immigration does affect in a way that harms our Belizean people. A perfect example is â€Å"Ontario Village at mile 55 on the Western Highway has been known in the recent past for outbreaks in gang activity. One of those incidents caused Justin Jones to relocate in order to avoid further trouble with fellow village youths† (â€Å"Two Murders Before The New Year† The Belize Times 9 Jan. 2011: Print. ). Our young people are now joining these gangs and participate in more serious acts. How will our country prosper if our young people continue behaving this way? This is not good at all. We need to do something for this to change. Crime has also decreased tourism; many tourists who come for vacations are murdered in our country (â€Å"Crime† Travel Report Belize 24 Feb. 2011. 28 Mar. 2011. < http://www. voyage. gc. ca/countries_pays/report_rapport-eng. asp? id=29000>). We for example would be afraid to be walking in the streets and know that we can be robbed or killed by such criminals. Many of these immigrants are involved in crimes such as machete fights, robberies, to name a few and these are increasing as days go by. Many Belizeans that have been a suspect to these persons have received serious injuries such as gunshot wounds and stab wounds. Today the main immigrants who are involved in crimes, include these Guatemalans that enter our country to extract goods from Belize’s forest. Armed robberies at archaeological sites, protected areas and frequented areas by visitors have been of concern over several years now. According to the Travel State. Gov, On February10, 2009, four American and two Canadian tourists accompanied by two Belizean tour guides were the victims of a robbery outside Rio Frio Cave in the Mountain Pine Ridge area. On September 15, 2009, two tourists at the Blue Hole National Park were robbed by two men wearing masks and carrying knives. In 1987, businesses that hired immigrant workers were penalized because it was discovered that majority of the immigrants were involved in a lot of crime. During that time, most of the crime was focused on the northern part of Belize (â€Å"Belize Crime† 4Nov. 2010. The Library of Congress Country Studies and the CIA World Fact book 28 Mar. 2011. ). These crime incidents that occur against people mostly occur with illegals. They are still referred to as immigrants but they are now illegal aliens. These are the ones that cause the perception that all immigrants a detrimental to our country. Belizeans views it only in one way without thinking the benefit they get. This causes some conflict where they now feel like immigrant are invading the country. This now leads to Belizeans leaving the country. Does it negatively or positively affect the country? As people migrate into Belize, people move out. We in turn become immigrants in other countries. This has shown that in some form, as Belizeans go out of the country, people migrate in this stabilizes the population of the country. Population growth is an underlying cause that affects every single country around the world. According to the Expat World book, Belize is under populated. This means that if there were not people who migrated day by day, there would be a dramatic rate of under population according to the holding capacity of the country. So immigration has helped stabilize the trend and a steady increase other than a dramatic increase of population has occurred. After investigating the risks of emigrating and safety of migrating, it is concluded that it doesn’t matter at which side of the door Belizeans are, the dangers are unavoidable. Whether people choose to support in giving immigrants space and encouraging them to becoming active parts in Belizean society or if they think that immigrants must be eliminated from the country, the negative impacts will be the same. It is a phenomenon that will be in place for ever and cannot be stopped. It is not we support in opening borders in any country, it is just that no matter what the circumstances is immigration will occur and there is nothing to do to stop it. No matter how bias Belizeans are. However, in the same aspect that Belizeans migrate to other countries and others come in to Belize these people deserve to live without fear, raise their children in a safe environment and be accepted as citizen; the same way we Belizeans want to be treated abroad. The question that is asked is, â€Å"do these immigrants harm Belizean societies? † in turn deserves to be answered. On one point of view, immigrants do pose some kind of threat in some societies. For example threats to security and place the future at risk. But, this can happen if we natives permit it. On the other hand, immigrants fill job spaces that many in Belize don’t want to take. In turn they work for lesser income than other Belizeans, later on adopt and adapt themselves to customs of Belize. Yes it is believed that immigrants cause harm to Belize in some ways, but the question to be asked instead of the previously mentioned is, do the negative impacts outweigh the positive impacts that immigrant’s presence bring to Belize? With supporting evidence mention in previous sections, it is concluded that yes immigrants cause some harm in some sectors but they bring better than harm.

Drugs Accident Essay

1.An undercover drug informant learned from a mutual friend that Philip Friedman â€Å"knew where to get marijuana.† The informant asked Friedman three times to get him some marijuana, and Friedman agreed after the third request. Shortly thereafter, Friedman sold the informant a small amount of the drug. The informant later offered to sell Friedman three pounds of marijuana. They negotiated the price and then made the sale. Friedman was tried for trafficking in drugs. He argued entrapment. Was Friedman entrapped? Argument for Friedman: The undercover agent had to ask three times before Friedman sold him a small amount of drugs. A real drug dealer, predisposed to commit the crime, leaps at an opportunity to sell. If the government spends time and money luring innocent people into the commission of crimes, all of us are the losers. Argument for the Government: Government officials suspected Friedman of being a sophisticated drug dealer, and they were right. When he had a chance to buy three pounds, a quantity only a dealer would purchase, he not only did so, but he bargained with skill, showing a working knowledge of the business. Friedman was not entrapped—he was caught. I agree with Friedman not only did the informant ask for drugs, but he asked him constantly after he said no which could have easily influenced Friedman to sell the informant the drugs. 2. Conley owned video poker machines. Although they are outlawed in Pennsylvania, he placed them in bars and clubs. He used profits from the machines to buy more machines. Is he guilty of money laundering? Yes he is guilty of money laundering because he took the proceeds of a criminal act and used the money to promote the crime of his poker machines. 3.Karin made illegal firearm purchases at a gun show. At her trial, she alleged that she had committed this crime because her boyfriend had threatened to harm her and her two daughters if she did not. Her lawyer  asked the judge to instruct the jury that the prosecution had an obligation to prove beyond a reasonable doubt that Karin had acted freely. Instead, the judge told the jury that Karin had the burden of proving duress by a preponderance of the evidence. Who is correct? The judge is correct. In this situation Karin is trying to plead not guilty because she was under duress, so she will have to have evidence to prove that she acted under duress 4. An informant bought drugs from Dorian. The police obtained a search warrant to search Dorian’s house. But before they acted on the warrant, they sent the informant back to try again. This time, Dorian said he did not have any drugs. The police then acted on the warrant and searched his house. Did the police have probable cause? Yes because the informant had claimed to bought drugs from Dorian before. 5.Shawn was caught stealing letters from mailboxes. After pleading guilty, he was sentenced to two months in prison and three years supervised release. One of the supervised release conditions required him to stand outside a post office for eight hours wearing a signboard stating, â€Å"I stole mail. This is my punishment.† He appealed this requirement on the grounds that it constituted cruel and unusual punishment. Do you agree? Yes. The punishment will be breaking the eight amendment because of standing outside a post office holding a sign stating I stole mail will not only be degrading, but also an unusual and cruel punishment. 1.At approximately 7:50 p.m, bells at the train station rang and red lights flashed, signaling an express train’s approach. David Harris walked onto the tracks, ignoring a yellow line painted on the platform instructing people to stand back. Two men shouted to Harris, warning him to get off the tracks. The train’s engineer saw him too late to stop the train, which was traveling at approximately 55 mph. The train struck and killed Harris as it  passed through the station. Harris’s widow sued the railroad, arguing that the railroad’s negligence caused her husband’s death. Evaluate her argument. Harris wife really does not have an argument because the railroad did everything in their power to prevent his death. Harris will be at fault for his own death 2. Ryder leased a truck to Florida food service powers, an employee, drove it to make deliveries . He noticed that the strap used to close the rear door was frayed, and he asked Ryder to fix it. Ryder failed to do so in spite of numerous requests. The strap broke, and Powers replaced it with a nylon rope. Later, when Powers was attempting to close the rear door, the nylon rope broke and he fell, sustaining severe injuries to his neck and back. He sued Ryder. The trial court found that Power’s attachment of the replacement rope was a superseding cause, relieving Ryder of any liability, and granted summary judgment for Ryder. Powers appealed. How should the appellate court rule. The decision should be based on the state laws of contributory or comparative negligence because although Powers told Ryder to fix the rope you can make the same argument that by Powers switching ropes also help contributed to his injury. 3. A new truck, manufactured by General Motors Corp. (GMC), stalled in rush hour traffic on a busy interstate highway because of a defective alternator, which caused a complete failure of the truck’s electrical system. The driver stood nearby and waved traffic around his stalled truck. A panel truck approached the GMC truck, and immediately behind the panel truck, Davis was driving a Volkswagen fastback. Because of the panel truck, Davis was unable to see the stalled GMC truck. The panel truck swerved out of the way of the GMC truck, and Davis drove straight into it. The accident killed him. Davis’s widow sued GMC. GMC moved for summary judgment, alleging Gmc could be violators of Negligence Per Se because the brand new automobile should have nothing wrong with it that could threaten the lives of drivers automobiles should be created to protect drivers as much as possible. Gmc is responsible for factual causation and foreseeable harm. By giving the man a defective vehic le I believe any accident which happened on the road or streets can be foreseeable. 4. You be the Judge Writing Problem When Thomas and Susan Tamplin were shopping at Star Lumber with their six-year-old daughter Ann Marie, a 150-pound roll of vinyl  flooring fell on the girl, seriously injuring her head and pituitary gland. Ann was clearly entitled to recover for the physical harm, such as her fractured skull. The plaintiffs also sought recovery for potential future harm. Their medical expert was prepared to testify that although Ann would probably develop normally, he could not rule out the slight possibility that her pituitary injury might prevent her from sexually maturing. Is Ann entitled to damages for future harm? Argument for Ann: This was a major trauma, and it is impossible to know the full extent of the future harm. Sexual maturation is a fundamental part of life; if there is a possibility that Ann will not develop normally, she is entitled to present her case to a jury and receive damages. Argument for Star Lumber: A plaintiff may not recover for specul ative harm. The â€Å"slight possibility† that Ann could fail to develop is not enough for her to take her case to the jury. If I was the judge I would not rule out the possibility that Ann could suffer harm in the future. I would request that Ann obtain documents from doctors that will help prove that the accident that happened could cause future damages. 5. Irving was a lawyer who prepared income tax returns for Maroevich. Irving agreed to draft a will for Maroevich, leaving all of the property to Maroevich’s sister, Biakanja. When Maroevich died, the probate court refused to accept the will because Irving had failed to have the signatures properly witnessed. As a result, Biakanja inherited only one-eighth of the estate. She sued Irving, who defended by saying that he had no duty of due care to Biakanja because all his dealings were with Maroevich and none were with her. Do you agree?