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New Mexico State UniversityELA 350: Introduction to
Educational Leadership in a Global SocietyDepartment of
Educational Leadership and AdministrationFall 2015Online
Course, Canvas, 8-weeks (Mini-Semester: October 14 -
December 11, 2015)
Dr. Rene O. Guillaume
Office: O’Donnell Hall, Rm. 307
Telephone Number: 575-646-1536
Email: [email protected]
Office Hours: Via NMSU email, Canvas email, or by
appointment
Graduate Teaching GA
Marlena Moreno
[email protected]
O’Donnell Hall, Rm 221 (Cubicle in ELA Dept)
Office Hours: Via NMSU email, Canvas email, or by
appointment
I. Description
Education is a global issue. Nations throughout the world
struggle to create educational programs that contribute to goals
for national well-being and development. Successful
educational systems graduate individuals who are prepared to
contribute to achieving these goals. Educational issues are
ubiquitous. Educational systems around the world are trying to
address funding, accountability, technology, and diversity
issues -- each in their own way. By studying how different
educational systems address these issues, we will be in a better
position to develop optimum policies for our own local systems
– the role of a citizen-leader. In an increasingly global world,
people move in large numbers from one country to another and
many college graduates work for multi-national organizations.
As such, diversity is an important component of learning.
Diversity policies address topics as diverse as: how minorities
and immigrants are educated; which social and religious values
are presented; the role of technology in education; and how
education is financed. While specific policies will vary from
country to country, they must all address common global
concerns. These policies need to be articulated within a common
framework so that what is done in one nation will ultimately
facilitate both national and global development. In democracies
high quality citizen-leadership is required to successfully
develop and implement any policy, be it education or any other
public arena. Leadership is also required at work and in the
family. This course is intended to present leadership theory and
apply it in an educational venue. Students who complete the
course will have a better understanding of leadership and how
to use it effectively to achieve their personal goals – at home, at
work, and in the community.
Skills and lessons learned in this leadership course can be used
in many ways. Individuals can improve their social relationships
through an increased awareness of leadership patterns and
needs. Leadership, exercised in both informal and formal
modes, is essential for achieving work related goals. Workers
need to know how to lead and how to be led in ways that
contribute to achieving goals, both personal and organizational.
Finally, as citizens in a democracy, we have a civic
responsibility to contribute to the policy that guides our
development. A sound understanding of leadership theory and
practice will lead to better development in our global society.
II. Objectives
The goal of this general education course is to prepare students
to become citizen-leaders in an increasingly global and
multicultural society. The intellectual base of this course is
leadership theory. The subjective focus of the course is
education, both in the United States and abroad. Learning
methods include both individual and group activity within a
virtual learning team. The course fosters intelligent inquiry,
critical analysis, and the integration and synthesis of
knowledge. It involves an understanding of one’s own
educational culture and the educational culture of others.
Finally, the course offers students the opportunity to practice
the clear expression of their ideas and values through essays
and strategic planning.
The course is divided into four parts. Objectives for each part
are:
1. Learn about the course, yourself, and how we will learn in
this course using individual and team learning techniques.
2. Understand five leadership styles and the strengths and
weaknesses of each in addressing educational leadership in
different societies and groups.
3. Experience the practices of transformational leadership and
learn to apply these practices to address educational issues in a
global society.
4. Apply leadership theory and transformational practices to
design your personal leadership strategy.
In addition, this course has several measurable unit objectives,
which are closely linked to assignments, readings, and the
schedule. Students will be able to:
· Understand their personality and working preferences and be
able to assess their personal
strengths and challenges in becoming effective leaders.
· Understand five common leadership style theories and be able
to diagnose leadership
style in others.
· Understand the 5 practices and 10 commitments of
transformational leadership theory
and be able to determine appropriate practices in given
situations.
· Be able to apply leadership theory and transformational
leadership practices in
educational venues.
· Be able to adjust their personality and learning style attributes
to work effectively in a
diverse team.
· Possess a personal strategic plan for continuing leadership
development, whether at
home, at work or in the community.
III. Design
Format of the Course
This course is taught primarily via seminar style; so students
are expected to participate in discussions about the materials
they have read. It will not be possible to benefit from this class
without doing the readings ahead of class, participating in the
class fully (and for the full duration of the class), completing
assignments on time, and utilizing the Canvas online
environment. The learning is integrated and scaffolded and
requires full participation in every aspect.
Course delivery may consist of, but not be limited to,
discussions, reading assignments, electronic presentations and
readings, and student presentations. We will use email and
electronic discussion in this class. There will be assigned
projects online throughout the semester.
Contacting the Instructor
You may contact me at the office at the phone number listed on
the front page of this syllabus or via email at [email protected] I
will try to respond to all email or phone inquiries within one to
two business days, unless I am traveling on business or we have
a scheduled university holiday or break. I will hold office hours
by appointment since this is an online class. I encourage you to
meet with me.
Required Texts:
There are no required texts for this course. Readings and
activities will be assigned and/or distributed in class via
Canvas.
IV. Mission Statements
Department of Educational Leadership and Administration:
The mission of the Department of Educational Management and
Development at New Mexico State University is to prepare and
graduate capable, skillful, and dynamic educational leaders for
a diverse society. Through the use of theory and practice we
aim to develop change agents and role models for socially-just
educational systems.
College of Education:
The mission of the College of Education at New Mexico State
University is to serve the people of New Mexico through
education, research, extension education, and public service
with specific emphasis on innovative practices, overcoming
barriers to learning, international activities, technology, and
literacy for the diverse populations of New Mexico, surrounding
states and border communities.
New Mexico State University:
New Mexico State University is the state’s land-grant
university, serving the educational needs of New Mexico’s
diverse population through comprehensive programs of
education, research, extension education, and public service.
College of Education Conceptual Framework
This course is consistent with the College of Education's
Conceptual Framework in that it provides a general knowledge
background, addresses the theme of collaboration in the
Conceptual Framework, and focuses on critical thinking. The
College of Education at New Mexico State University develops,
implements, monitors and assesses programs designed to
prepare professionals who will work in school and clinical
settings.
This class prepares educators to meet the needs of diverse
learners by requiring them to effectively
demonstrate the application of pedagogical knowledge, the use
of appropriate assessment strategies,
and the ability to reflect on practice in order to improve their
professional performance.
V. Academic Policies
Academic Integrity:
The highest standards of academic integrity are expected from
all students. The failure of any student to meet these standards
may result in suspension or expulsion from the university or
other sanctions as specified in the University Student Academic
Integrity Policy. Violations of academic integrity include, but
are not limited to, cheating, fabrication, tampering, plagiarism,
or facilitating such activities. The University Student Academic
Integrity Policy is available from the office of the Senior Vice
President and Provost and from the deans of the individual
colleges.
Codes of Conduct
Students and faculty each have responsibility for maintaining an
appropriate learning environment. Students who fail to adhere
to such behavioral standards may be subject to discipline.
Faculty have the professional responsibility to treat all students
with understanding, dignity, and respect, to guide classroom
discussion and to set reasonable limits on the manner in which
they and their students express opinions. Professional courtesy
and sensitivity are especially important with respect to
individuals and topics dealing with differences of race, culture,
religion, politics, language, sexual orientation, gender variance,
and nationalities.
*Course Syllabus
Your course syllabus is your contract with the instructor. We
will review upcoming assignments and make schedule revisions
as necessary and as deemed appropriate by the instructor in
order to enhance your learning experience.
Formatting:
Papers must be typed, double-spaced, with 1-inch margins, and
in 12-point Times New Roman font. All written assignments
must be turned in via Canvas. Proofread all assignments, paying
close attention to content, style, spelling, grammar, and
punctuation. Proofread at least THREE times including one
outside reviewer. Regarding citation conventions, please use
APA formatting.
Incompletes:
Incomplete Grades
The grade of I (incomplete) is given for passable work that
could not be completed due to circumstances beyond the
student’s control. For a listing of regulations that apply to
Incomplete Grades please refer to the 2014-2015 Graduate
Catalog:
http://nmsu.smartcatalogiq.com/en/2014-2015/Graduate-
Catalog/General-Information/Regulations-and-Procedures-for-
Students/Grading-System
An incomplete (“I”) will be given only when there is a
documented medical or family emergency and only if the
student has passed the first half of the course. If an incomplete
is given, the student must make arrangements with the
instructor to complete the course one week after the end of the
term. If the student does not make arrangements with the
instructor within the given time frame, an “F” will be submitted
for the course.
Instructor Feedback:
Instructor will provide various types of feedback throughout the
semester. The feedback will be provided via active participation
in discussions, by making specific suggestions for improving
written assignments, through positive reinforcement, individual
emails and personal communication, and lastly, by providing
students the opportunity for peer-review and constructive
dialoging.
Late Submissions:
Assignments, submissions, and work that are not turned in on
time or at all will result in no credit being given for the
assignment. In the case of a documented illness or emergency,
late submissions will be considered at the discretion of the
instructor.
Multiple Submissions:
Papers written in or submitted for previous courses will not be
accepted. Students are welcome to build upon previous ideas,
but note that assignments for this course have specific criteria
that need to be met in order to fulfill course requirements.
Posting of Grades:
It is the policy of the College of Education and the Department
of Educational Leadership and Administration not to post grades
of any student anywhere in the college. If you wish to discuss
what your grade and progress are in this class, please contact
me personally. Otherwise, the grading scale and points possible
may easily be used to determine your grade at any time in this
course. Final grades will be posted by Tuesday, December 15,
2015.
Prerequisite Knowledge:
This course requires that students have prior knowledge
including, but not limited to, time management and
organization, email communication, software and keyboarding
proficiency, online discussion threading, and in general using
Canvas as an interactive online classroom tool.
For more information or help, please visit
http://studenttech.nmsu.edu/learnnmsuedu.html
Disability Disclosure/Discrimination Statement
Section 504 of the Rehabilitation Act of 1973 and the
Americans with Disabilities Act Amendments Act (ADAAA)
covers issues relating to disability and accommodations. If a
student has questions or needs an accommodation in the
classroom (all medical information is treated confidentially),
contact:
Trudy Luken, Director
Student Accessibility Services (SAS) - Corbett Center, Rm. 244
Phone: (575) 646-6840 E-mail: [email protected]
Website: http://sas.nmsu.edu/
NMSU policy prohibits discrimination on the basis of age,
ancestry, color, disability, gender identity, genetic information,
national origin, race, religion, retaliation, serious medical
condition, sex, sexual orientation, spousal affiliation and
protected veterans status.
Furthermore, Title IX prohibits sex discrimination to include
sexual misconduct: sexual violence (sexual assault, rape),
sexual harassment and retaliation.
For more information on discrimination issues, Title IX,
Campus SaVE Act, NMSU Policy Chapter 3.25, NMSU's
complaint process, or to file a complaint contact:
Gerard Nevarez, Title IX Coordinator
Agustin Diaz, Title IX Deputy Coordinator
Office of Institutional Equity (OIE) - O'Loughlin House, 1130
University Avenue
Phone: (575) 646-3635 E-mail: [email protected]
Website: http://www.nmsu.edu/~eeo/
Other NMSU Resources:
NMSU Police Department: (575) 646-3311
NMSU Police Victim Services: (575) 646-
3424
NMSU Counseling Center: (575) 646-2731
NMSU Dean of Students: (575) 646-1722
For Any On-campus Emergencies: 911
Teamwork:
Educational courses at this level almost always involve
teamwork. As such, some of the work in this class will be done
in teams. Professional educators and educational researchers are
commonly called up to work in teams, and few teams are
composed of only people who “naturally” work well together.
Instead, team members take the responsibility to bridge any
gaps that occur. In this course, equal emphasis will be given to
the process of teamwork as well as developing critical thinking
skills.
Wikipedia:
Wikipedia is not a credible source to refer to or utilize for
academic or scholarly work. Please refrain from using
Wikipedia as a source for any of your papers or assignments for
this class.
Withdrawal: November 11 – Last day to drop with a “W”
It is your responsibility to drop or withdraw from the course
pursuant to NMSU deadlines and procedures if you do not wish
to receive a grade for the course. Your instructor will NOT
administratively drop you by the last ‘W’ date if you have not
participated in class and/or have failed to submit assignments
resulting in inability to successfully complete the class.
The last day for you to withdraw voluntarily with a “W” is
November 11, 2015. Before you drop this class or withdraw
entirely from the university, I strongly encourage you to talk to
me first.
VI. Assignments
1. Profile Picture & Syllabus Quiz (40 points for both)
Please post your profile picture for this course. This small task
is worth 10 points. In addition, please complete the syllabus
quiz (thirty points), which assists in better navigating and
understanding the syllabus for this course – the most essential
document for any course.
2. Readings & Discussion Board Activities (85 points for six
weeks / 510 points total)
Our presence, of body as well as mind, in this class is crucial to
the success of this course. Class participation thus includes your
attendance, reading, preparation, reflection on each reading
assignment, contributions to the class, and your overall
engagement in the subject matter. Readings and class
discussions will be used to present the explicit intellectual
knowledge related to personality and working preferences,
leadership theory, transformational leadership practices, and
personal strategic planning. Supplementary readings and notes
are available on Canvas. The ability to think critically and to
apply your thoughts is essential for successful leadership.
Students should use discussions as an opportunity to practice
these skills as well as to challenge each other and the instructor.
Practical knowledge will be acquired through individual and
class activities. These activities will address each week’s topic
and give the students an opportunity to experience and learn
leadership techniques with colleagues.
For each Discussion Board session, your initial response is due
by midnight on the Sunday of that week. The initial post is
worth 30 points. Your minimum two responses to colleagues are
due by midnight on the following Wednesday. The required two
posts are worth 27.5 points each.
Example of Discussion Board Session:
Week One - Discussion Board - Introduction & PLSI Result -
Board opens on Wednesday
Your Initial Response is Due By - Sunday, October 17, 2015
(worth 30 points)
Two Responses to Colleagues Due By - Wednesday, October 21,
2015 (worth 27.5 points each)
3. Individual Paper (125 points)
Practical knowledge will also be acquired through individual
activities. Students will submit one short essay that is related to
the class readings and activities. Grades will be based on the
ability to think critically about the content and apply the
knowledge in a thoughtful way.
4. Personal Leadership Plan (150 points)
The final assignment for this course is a Personal Leadership
Plan, which is based on the culmination of all the work you
have accomplished this mini-semester. Each student will also
submit a final personal leadership plan. The plan will describe
the environment in which the student plans to work, live, or
volunteer. The plan will identify the student’s perceptions of
their current strengths and weaknesses as a leader in their
chosen environment and will identify gaps in leadership
strengths and skills. The plan will establish goals for
improvement of leadership effectiveness and indicate specific
steps or actions to be undertaken. Finally, the plan will identify
how progress will be measured and how improvements will be
made.
You are required to use class readings and activities to inform
your Personal Leadership Plan - failure to do so with result in
an automatic 5-point deduction.
5. Final Exam – 175 pts (to be completed during finals week)
Tests – The test will be comprehensive and based on the
readings, information presented by instructor and class
members, and class discussions. Tests will be taken and
submitted electronically. The exam will open at midnight on
Monday, December 7 and close at midnight on Wednesday,
December 9.
Grading Scale
Grading will be based on the following percentages of the total
points accumulated on all activities:
A+
990 - 1000
4.000
A
910 - 989
4.000
A-
900 - 909
3.667
B+
890 - 899
3.333
B
810 - 889
3.000
B-
800 - 809
2.667
C+
790 - 799
2.333
C
710 - 789
2.000
C-
700 - 709
1.667
D+
690 - 699
1.333
D
610 - 679
1.000
D-
600 - 609
0.667
F
0 - 599
VII. Schedule and Weekly Assignments
All assignments must be completed in a timely manner and
according to syllabus requirements.
Reading assignments should be completed before the
appropriate lecture to understand the material presented in
class. Readings and class lectures are subject to change.
Class Week Topics & Assignments
Week 1: October 14 – October 21 – Course Introductions,
Syllabus Overview/Quiz & Learning Styles
To Do: (1) Review Syllabus and take quiz, (2) Upload profile
photo and participate in discussion board (3) Take the Paragon
Learning Style Inventory (PLSI) and post your results in
discussion board 1. The exercise is at:
http://www.calstatela.edu/faculty/jshindl/plsi/index.html
Due: Discussion Board #1 - Introduction & PLSI Results
(Discussion Board Opens on Wednesday, Oct 14 and will close
at midnight on Wednesday, October 21).
Syllabus Quiz, due Sunday, October 18 by midnight.
Week 2: October 21 – October 28 - Multiple Intelligences
Read: Gardner reading on Multiple Intelligences
To Do: Take the Multiple Intelligences Quiz and post your
results.
The quiz is at:
http://www.bbc.co.uk/science/leonardo/thinker_quiz/
Due: Discussion Board #2 – Multiple Intelligences Results &
Discussion
(Discussion Board Opens on Wednesday, Oct 21 and will close
at midnight on Wednesday, October 28).
Week 3: October 28 – November 4 Leadership Styles by Bolman
& Deal
Read: (1) Four Frameworks of Leadership by Bolman & Deal,
(2) Bolman & Deal PPT.
Due: Discussion Board #3 - Respond to Bolman & Deal
Questions
(Discussion Board Opens on Wednesday, Oct 28 and will close
at midnight on Wednesday, November 4).
Week 4: November 4 – November 11 – Introduction to Servant
Leadership
Read: Three readings on Servant Leadership.
Due: Discussion Board #4 –
Respond to Servant Leadership Questions
(Discussion Board Opens on Wednesday, November 4 and will
close at midnight on Wednesday, November 11).
Week 5: November 11- November - Leadership for a
Multicultural Age
Read: Leadership for a Multicultural Age by Bordas.
Due: Individual Paper #1 – Due November 18 by Midnight
Discussion Board #5
Respond to discussion board questions
(Discussion Board Opens on Wednesday, November 11 and will
close at midnight on Wednesday, November 18).
Week 5 Continued (November 18-20): Extra Credit Discussion
Board - Respond to Discussion Question
Week 6: Fall Break
November 21 – November 29
Week 7: November 30 – December 6
Global Leadership & Putting It Together
Read: Global Leadership Competence: A Cultural Intelligence
Perspective by Chin.
Due: Discussion Board #6
(Discussion Board Opens on Monday, November 30 and will
close at midnight on Sunday, December 6).
Week 8: December 7 – December 11- Finals Week
Personal Leadership Plan & Final
Due: Personal Leadership Plan due by midnight on Friday,
December 4th.
Due: Final exam will open at midnight on Monday, December 7
and close at midnight on Wednesday, December 9.
College of Education
Conceptual Framework Theme: PREPARED
The Unit’s conceptual framework provides an underlying
structure, giving conceptual meaning to its operations though an
articulated rationale. The conceptual framework also provides
direction for programs, courses, teaching, candidate
performance, faculty scholarship and service, and unit
accountability (adapted from Professional Standards for the
Accreditation of Teacher Preparation Institutions, NCATE:
2008).
The NMSU College of Education has adopted PREPARED as its
Conceptual Framework Theme. The elements of PREPARED are
described below. This Conceptual Framework Theme provides
the foundation for goals and outcomes for our candidates, their
proficiencies, and the ways in which these proficiencies are
demonstrated.
Practitioners, Clinicians and Leaders
The Unit’s commitment extends beyond preparing candidates to
teach or continuing the professional development of practicing
teachers; for, the Unit also prepares principals, school
psychologists, counselors, mental health professionals, speech
language pathologists, and physical education specialists for a
broad range of professional roles in education.
Reflection
This is the process by which candidates are provided
opportunities to be meta-cognitive and engage in thoughtful
questioning and problems-based learning.
Effectiveness
This refers to the content, pedagogical and professional
knowledge, skills and dispositions that candidates utilize to
ensure that all students learn. Assessment of candidate
effectiveness is performance-based, uses multiple measures, and
is authentic. The preparation of effective practitioners
addresses the mandates of No Child Left Behind and the demand
for “highly qualified” and “effective” professionals.
Pedagogy
The Unit’s and the candidate’s educational and clinical
practices are grounded in the general concepts, theories and
research pertaining to effective teaching.
Assessment
This encompasses the formal and informal procedures for
eliciting evidence related to Unit effectiveness, and both
candidate and student learning. The Unit’s assessment system is
based on professional, state and institutional standards. It
includes measures that are systematically used to collect data at
predetermined transitional points in order to predict candidate
success and improve programs. Candidates also gain expertise
in the principles of classroom assessment.
Research
Theories, investigations, and policies drive the work of the Unit
and undergird candidate preparation and practice.
Evaluation
This is the continuous process for determining the Unit’s
realization of its stated Mission, Goals and Outcomes. Both the
Unit and candidates use rubrics to evaluate their effectiveness.
Diversity
Candidates, faculty, and students represent differences in
gender, ethnicity, race, socio-economic status, language,
religion, sexual preference, regional culture, and ability-level.
The Unit provides opportunities for candidates to work with
diverse students and to demonstrate dispositions that value
fairness and the belief that all students can learn.
Doing business today involves risks, both legal and financial.
A tort is a civil injury designed to provide a remedy (damages)
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use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
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*
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copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
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*
Damages Available in Tort Actions.
Compensatory: reimburse plaintiff for actual losses.Special:
quantifiable losses, such as medical expenses, lost wages, and
benefits. General: non-monetary, such as pain and suffering,
reputation.
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copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
Damages Available in Tort Actions.
Punitive: punish the wrongdoer.
Appropriate when defendant’s actions were particularly
egregious (actions were intentional or grossly negligent).
Tort Reform.
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copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
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Tortfeasor must “intend” to commit the act, which means:
He intended the consequences of his act; or
He knew with substantial certainty that certain consequences
would result.
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copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
ASSAULT is an intentional, unexcused act that:
Creates a reasonable apprehension or fear of,
Immediate harmful or offensive contact.
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copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
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BATTERY is the completion of the Assault:
Intentional or Unexcused.
Harmful, Offensive or Unwelcome, Physical Contact.
Plaintiff may be compensated for physical and emotional harm.
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
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Consent.
Self-Defense (reasonable force).
Defense of Others (reasonable force).
Defense of Property.
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use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
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© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
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False Imprisonment is the intentional:
Confinement or restraint.
Of another person’s activities.
Without justification.
Merchants may reasonably detain customers if there is probable
cause.
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copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
An intentional act that is:
Extreme and outrageous, that
Results in severe emotional distress in another.
Most courts require some physical symptom or illness.
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copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
Wrongfully hurting a person’s good reputation.
Law imposes duty to refrain from making false statements of
fact about others.
Orally breaching this duty is slander; breaching it in print or
media (and internet) is libel.
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copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
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*
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copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
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*
Published statement must be a fact.
Opinions are protected speech under the First Amendment, and
not actionable.
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*
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use as permitted in a license distributed with a certain product
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*
Publication Requirement.
Basis of defamation is the “publication” of a false statement
that holds an individual up to hatred, contempt or ridicule in the
community.
Publication requires communication to a 3rd party.
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use as permitted in a license distributed with a certain product
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*
Damages for Libel.
General Damages are presumed; Plaintiff does not have to show
actual injury.
General damages include compensation for disgrace, dishonor,
humiliation, injury to reputation and emotional distress.
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*
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use as permitted in a license distributed with a certain product
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*
Damages for Slander:
General Rule: Plaintiff must prove “special damages” (actual
economic loss) to prevail for slander.
Exception: Slander Per Se. No proof of damages: loathsome
disease, business improprieties, serious crime, or unchaste
woman.
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use as permitted in a license distributed with a certain product
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*
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use as permitted in a license distributed with a certain product
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*
Truth is generally an absolute defense.
Privileged (or Immune) Speech.
Absolute: judicial & legislative proceedings.
Qualified: Employee Evaluations.
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use as permitted in a license distributed with a certain product
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*
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use as permitted in a license distributed with a certain product
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*
Public Figures:
Exercise substantial governmental power or are otherwise in the
public limelight.
To prevail, they must show “actual malice”, i.e., the statement
was made with either knowledge of falsity or reckless disregard
for the truth.
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use as permitted in a license distributed with a certain product
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*
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use as permitted in a license distributed with a certain product
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*
Use of another’s name, likeness or other identifying
characteristic for commercial purposes without the owner’s
consent. Issues:
Degree of Likeness.
Right of Publicity as a Property Right.
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use as permitted in a license distributed with a certain product
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*
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*
Elements:
Misrepresentation of material fact;
Intent to induce another to rely;
Justifiable reliance by innocent party;
Damages as a result of reliance;
Causal connection.
Fact vs. Opinion (not puffery).
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use as permitted in a license distributed with a certain product
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*
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use as permitted in a license distributed with a certain product
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*
Wrongful Interference With a Contractual Relationship occurs
when:
Defendant knows about contract between A and B;
Intentionally induces either A or B to breach the contract; and
Defendant benefits from breach.
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*
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*
Wrongful Interference With a Business Relationship occurs
when:
There is an established business relationship;
The Tortfeasor, using predatory methods, causes relationship to
end; and
Plaintiff suffers damages.
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*
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*
Defenses to Wrongful Interference include:
Interference with justified or permissible.
Bona fide competitive behavior is a permissible interference
even if it results in the breaking of a contract.
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*
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*
Trespass to Land occurs when a person, without permission:
Physically enters onto, above or below the surface of another’s
land; or
Causes anything to enter onto the land; or
Remains, or permits anything to remain, on the land. Defenses
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*
Defenses to Trespass to Land: Trespass is necessary, or
trespasser is a licensee.
Trespass to Personal Property : intentional interference with
another’s use or enjoyment of personal property without consent
or privilege.
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use as permitted in a license distributed with a certain product
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*
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use as permitted in a license distributed with a certain product
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*
Conversion: wrongful possession or use of property without
permission.
CASE 12.1 Trustees of University of District of Columbia v.
Vossoughi (2009). How should personal property be valued?
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*
Tortfeasor does not intend the consequences of the act or
believes they will occur.
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*
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*
Four-Step Analysis:
Duty: Defendant owed Plaintiff a duty of care;
Breach: Defendant breached that duty;
Causation: Defendant’s breach caused the injury;
Damages: Plaintiff suffered legal injury.
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*
Defendant owes duty to protect Plaintiff from foreseeable risks
that he knew or should have known about.
A foreseeable risk is one in which the reasonable person would
anticipate and guard against .
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*
Duty of Landowners.
Duty to Warn Business Invitees of Foreseeable Risks (knew or
should have known).
Duty to discover and remove hidden dangers that might injure
invitees.
EXCEPTION: Obvious Risks.
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*
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*
Duty of Professionals.
Professionals may owe higher duty of care based on special
education, skill or intelligence.
Breach of duty is called professional malpractice.
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*
No Duty to Rescue.
Law requires individuals to act reasonably, but there is no duty
to rescue (or warn, or come to the aid of another), unless there
is a special relationship of trust.
However, if rescue is attempted, the law requires due care and
follow through.
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*
Even though a Tortfeasor owes a duty of care and breaches the
duty of care, the act must have caused the Plaintiff’s injuries.
Causation is both:
Causation in Fact, and
Proximate Cause.
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*
Did the injury occur because of the Defendant’s act, or would
the injury have occurred anyway?
Usually determined by the “but for” test, i.e., but for the
Defendant’s act the injury would not have occurred.
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*
An act is the proximate (or legal) cause of the injury when the
causal connection between the act and injury is strong enough
to impose liability.
Were the injuries foreseeable?
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*
Proximate cause is limited by foreseeability in the interests of
justice and fairness.
CASE 12.2 Palsgraf v. Long Island Railroad Co. (1928). Were
the plaintiff’s injuries foreseeable?
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*
To recover, Plaintiff must show legally recognizable injury.
Compensatory Damages are designed to reimburse Plaintiff for
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*
Punitive Damages are designed to punish the tortfeasor and
deter others from wrongdoing.
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© 2012 Cengage Learning. All Rights Reserved. May not be
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*
© 2012 Cengage Learning. All Rights Reserved. May not be
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use as permitted in a license distributed with a certain product
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*
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*
Plaintiff has knowledge of the risk, and voluntarily engages in
the act anyway.
Defense can be used by participants, as well as spectators and
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*
Assumption of the risk can be express or implied.
CASE 12.3 Pfenning v. Lineman (2010). Is the driver of a
beverage cart a “participant” at a golfing event?
Generally, courts do not apply assumption of the risk in
emergency situations.
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A unforeseeable, intervening act that breaks the causal link
between defendant’s act and plaintiff’s injury, relieving
defendant of liability.
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*
Under the common law doctrine of contributory negligence, if
Plaintiff in any way caused his injury, he was barred from
recovery.
Most states have replaced contributory negligence with the
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*
Comparative negligence computes liability of Plaintiff and
Defendant and apportions damages.
Pure Comparative Negligence States (California and New
York): allow plaintiff to recover even if his liability is greater
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*
Modified Comparative Negligence States: percent of damages
plaintiff causes herself are subtracted from the total award.
50 Percent Rule: Plaintiff recovers only if liability is less than
50%.
51 Percent Rule: Plaintiff recovers nothing if liability is greater
than 50%.
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*
Res Ipsa Loquitur.
Facts and circumstances create presumption of negligence by
Defendant.
Burden of proof shifts to Defendant to show he was not
negligent.
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*
Negligence Per Se occurs when Defendant violates a statute
designed to protect Plaintiff:
Statute sets out standard of care.
Plaintiff is member of class intended to be protected by statute.
Statute designed to prevent Plaintiff’s injury.
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*
“Danger Invites Rescue.”
Special Negligence Statutes:
Good Samaritan Statutes: physicians and medical personnel
cannot be sued by victim.
Dram Shop Acts.
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*
Major Differences Between Civil and Criminal Law.
Burden of Proof. Civil is preponderance of the evidence.
Criminal is proof beyond a reasonable doubt.
Criminal Sanctions. Harsher than those applied in civil cases.
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Civil Liability for Criminal Acts.
Assault and Battery, can provide basis for both civil and
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© 2012 Cengage Learning. All Rights Reserved. May not be
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use as permitted in a license distributed with a certain product
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Classification of Crimes.
Felonies: punishable by death or imprisonment over 1 year.
Misdemeanors: punishable by fine or jail for less than 1 year.
Petty offenses are minor violations such as jaywalking or
violations of building codes.
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To be convicted of a crime, a person must:
Commit a guilty act (actus reus).
Have the guilty mind (mens rea) during commission of the
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*
State of Mind.
Required intent (or mental state) is indicated in the applicable
statute or law.
Criminal Negligence or Recklessness (unjustified, substantial
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State of Mind: Strict Liability
Strict liability crimes are found in environmental, drug laws
that affect public health, safety, and welfare.
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© 2012 Cengage Learning. All Rights Reserved. May not be
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classroom use.
*
A corporation itself cannot be imprisoned but can be convicted
of crime through acts of its officers.
Liability of the Corporate Entity.
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
Liability of the Corporate Entity (continued).
Corporation fails to perform a legally required duty; or
Crime authorized or requested by corporate principal/officer.
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
Liability of Corporate Officers and Directors.
Corporate officers and directors are personally liable for crimes
they commit.
They may be criminally liable for acts under the “Responsible
Corporate Officer” doctrine.
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
Violent Crime.
Murder, sexual assault, rape, robbery.
Property Crime.
Burglary, larceny, theft of trade secrets, theft of services, arson,
receipt of stolen goods, forgery.
Public Order Crime.
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
Occur in a business context using non-violent means to obtain
personal or business advantage.
Embezzlement.
CASE 7.1 People v. Sisuphan (2010). Is the intent to return
stolen property a defense?
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
Crimes occurring in the business context (continued):
Mail and Wire Fraud (federal).
Bribery.
Bankruptcy Fraud (federal).
Insider Trading (federal).
Theft of Intellectual Property.
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
Operates illegitimately by providing illegal goods and services:
Money Laundering.
RICO: Government must prove a “pattern of racketeering
activity” and defendant committed at least two offenses.
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
Justifiable Use of Force: Self-Defense of People and Property
can use deadly force if reasonable belief of imminent death or
serious injury; cannot use deadly force to protect property
alone.
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
Necessity: criminal act necessary to prevent greater harm.
Insanity. Person who suffers from mental illness may be
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
Mistake: of fact may excuse crime.
Duress: wrongful threat induces another to perform a criminal
act.
Entrapment. Key issue: was the defendant pre-disposed to
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
Statute of Limitations: state must initiate criminal proceedings
within statutory period of time (except for murder).
Immunity: government grants immunity from prosecution in
exchange for assistance.
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
U.S. Constitution provides specific safeguards for those accused
of crimes at federal and state level.
Criminal procedures are designed to protect against the
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
Fourth Amendment.
Protection from unreasonable searches and seizures.
Requirement that no warrant for a search or an arrest be issued
without probable cause.
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
Fifth Amendment.
Requires that no one be deprived of “life, liberty, or property
without due process of law.”
Prohibits double jeopardy (trying someone twice for the same
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
Fifth Amendment.
Requires that no person be required to be a witness against
(incriminate) himself.
Sixth Amendment.
Guarantees of a speedy trial, public trial by jury, right to
confront witnesses, and the right to a lawyer.
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
Eighth Amendment.
Prohibits excessive bail and fines and against cruel and unusual
punishment.
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
Evidence obtained in violation of the Fourth Amendment is
excluded from trial, including “Fruit of the Poisonous Tree.”
Case 7.2 Herring v. United States (2009). Is evidence
inadmissible when seized based on mistaken belief of police?
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
CASE 7.3 Miranda v. Arizona (1966) required police to inform
suspects of their constitutional rights.
Exceptions to Miranda: public safety, certain confessions,
suspect must unequivocally assert right to counsel.
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
Arrest
Booking
Initial Appearance
Grand Jury
Preliminary Hearing
Indictment
Information
Arraignment
Plea Bargain
Guilty Plea
Trial
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
Federal Sentencing Guidelines.
Shift Away from Mandatory Sentencing.
Increased Penalties for Certain Crimes.
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
Any act directed against computers or that uses computers as an
instrumentality of a crime.
Cyber Fraud: fraud committed over the internet (e.g., Nigerian
letter scam).
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
Cyber Fraud (continued).
Online Retail Fraud.
Cyber Theft.
Identity Theft.
Phishing.
Vishing.
Employment Fraud.
Credit-
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
Hacking.
Malware and Worms.
New Service-Based Hacking Available at Low Cost.
Cyber Terrorism.
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
Prosecution of Cyber Crime.
“Location” of crime is an issue.
Jurisdiction of courts is an issue.
Computer Fraud and Abuse Act.
Person is liable if he accesses a computer online, without
authority, to obtain classified, private, or protected information.
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
© 2012 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
*
New Mexico State UniversityELA 350 Introduction to Educational Lead.docx

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  • 1. New Mexico State UniversityELA 350: Introduction to Educational Leadership in a Global SocietyDepartment of Educational Leadership and AdministrationFall 2015Online Course, Canvas, 8-weeks (Mini-Semester: October 14 - December 11, 2015) Dr. Rene O. Guillaume Office: O’Donnell Hall, Rm. 307 Telephone Number: 575-646-1536 Email: [email protected] Office Hours: Via NMSU email, Canvas email, or by appointment Graduate Teaching GA Marlena Moreno [email protected] O’Donnell Hall, Rm 221 (Cubicle in ELA Dept) Office Hours: Via NMSU email, Canvas email, or by appointment I. Description Education is a global issue. Nations throughout the world struggle to create educational programs that contribute to goals for national well-being and development. Successful educational systems graduate individuals who are prepared to contribute to achieving these goals. Educational issues are ubiquitous. Educational systems around the world are trying to address funding, accountability, technology, and diversity issues -- each in their own way. By studying how different educational systems address these issues, we will be in a better position to develop optimum policies for our own local systems – the role of a citizen-leader. In an increasingly global world, people move in large numbers from one country to another and many college graduates work for multi-national organizations. As such, diversity is an important component of learning.
  • 2. Diversity policies address topics as diverse as: how minorities and immigrants are educated; which social and religious values are presented; the role of technology in education; and how education is financed. While specific policies will vary from country to country, they must all address common global concerns. These policies need to be articulated within a common framework so that what is done in one nation will ultimately facilitate both national and global development. In democracies high quality citizen-leadership is required to successfully develop and implement any policy, be it education or any other public arena. Leadership is also required at work and in the family. This course is intended to present leadership theory and apply it in an educational venue. Students who complete the course will have a better understanding of leadership and how to use it effectively to achieve their personal goals – at home, at work, and in the community. Skills and lessons learned in this leadership course can be used in many ways. Individuals can improve their social relationships through an increased awareness of leadership patterns and needs. Leadership, exercised in both informal and formal modes, is essential for achieving work related goals. Workers need to know how to lead and how to be led in ways that contribute to achieving goals, both personal and organizational. Finally, as citizens in a democracy, we have a civic responsibility to contribute to the policy that guides our development. A sound understanding of leadership theory and practice will lead to better development in our global society. II. Objectives The goal of this general education course is to prepare students to become citizen-leaders in an increasingly global and multicultural society. The intellectual base of this course is leadership theory. The subjective focus of the course is education, both in the United States and abroad. Learning
  • 3. methods include both individual and group activity within a virtual learning team. The course fosters intelligent inquiry, critical analysis, and the integration and synthesis of knowledge. It involves an understanding of one’s own educational culture and the educational culture of others. Finally, the course offers students the opportunity to practice the clear expression of their ideas and values through essays and strategic planning. The course is divided into four parts. Objectives for each part are: 1. Learn about the course, yourself, and how we will learn in this course using individual and team learning techniques. 2. Understand five leadership styles and the strengths and weaknesses of each in addressing educational leadership in different societies and groups. 3. Experience the practices of transformational leadership and learn to apply these practices to address educational issues in a global society. 4. Apply leadership theory and transformational practices to design your personal leadership strategy. In addition, this course has several measurable unit objectives, which are closely linked to assignments, readings, and the schedule. Students will be able to: · Understand their personality and working preferences and be able to assess their personal strengths and challenges in becoming effective leaders. · Understand five common leadership style theories and be able to diagnose leadership style in others. · Understand the 5 practices and 10 commitments of transformational leadership theory
  • 4. and be able to determine appropriate practices in given situations. · Be able to apply leadership theory and transformational leadership practices in educational venues. · Be able to adjust their personality and learning style attributes to work effectively in a diverse team. · Possess a personal strategic plan for continuing leadership development, whether at home, at work or in the community. III. Design Format of the Course This course is taught primarily via seminar style; so students are expected to participate in discussions about the materials they have read. It will not be possible to benefit from this class without doing the readings ahead of class, participating in the class fully (and for the full duration of the class), completing assignments on time, and utilizing the Canvas online environment. The learning is integrated and scaffolded and requires full participation in every aspect. Course delivery may consist of, but not be limited to, discussions, reading assignments, electronic presentations and readings, and student presentations. We will use email and electronic discussion in this class. There will be assigned projects online throughout the semester. Contacting the Instructor You may contact me at the office at the phone number listed on the front page of this syllabus or via email at [email protected] I will try to respond to all email or phone inquiries within one to two business days, unless I am traveling on business or we have a scheduled university holiday or break. I will hold office hours by appointment since this is an online class. I encourage you to
  • 5. meet with me. Required Texts: There are no required texts for this course. Readings and activities will be assigned and/or distributed in class via Canvas. IV. Mission Statements Department of Educational Leadership and Administration: The mission of the Department of Educational Management and Development at New Mexico State University is to prepare and graduate capable, skillful, and dynamic educational leaders for a diverse society. Through the use of theory and practice we aim to develop change agents and role models for socially-just educational systems. College of Education: The mission of the College of Education at New Mexico State University is to serve the people of New Mexico through education, research, extension education, and public service with specific emphasis on innovative practices, overcoming barriers to learning, international activities, technology, and literacy for the diverse populations of New Mexico, surrounding states and border communities. New Mexico State University: New Mexico State University is the state’s land-grant university, serving the educational needs of New Mexico’s diverse population through comprehensive programs of education, research, extension education, and public service. College of Education Conceptual Framework This course is consistent with the College of Education's Conceptual Framework in that it provides a general knowledge background, addresses the theme of collaboration in the Conceptual Framework, and focuses on critical thinking. The
  • 6. College of Education at New Mexico State University develops, implements, monitors and assesses programs designed to prepare professionals who will work in school and clinical settings. This class prepares educators to meet the needs of diverse learners by requiring them to effectively demonstrate the application of pedagogical knowledge, the use of appropriate assessment strategies, and the ability to reflect on practice in order to improve their professional performance. V. Academic Policies Academic Integrity: The highest standards of academic integrity are expected from all students. The failure of any student to meet these standards may result in suspension or expulsion from the university or other sanctions as specified in the University Student Academic Integrity Policy. Violations of academic integrity include, but are not limited to, cheating, fabrication, tampering, plagiarism, or facilitating such activities. The University Student Academic Integrity Policy is available from the office of the Senior Vice President and Provost and from the deans of the individual colleges. Codes of Conduct Students and faculty each have responsibility for maintaining an appropriate learning environment. Students who fail to adhere to such behavioral standards may be subject to discipline. Faculty have the professional responsibility to treat all students with understanding, dignity, and respect, to guide classroom discussion and to set reasonable limits on the manner in which they and their students express opinions. Professional courtesy and sensitivity are especially important with respect to individuals and topics dealing with differences of race, culture, religion, politics, language, sexual orientation, gender variance,
  • 7. and nationalities. *Course Syllabus Your course syllabus is your contract with the instructor. We will review upcoming assignments and make schedule revisions as necessary and as deemed appropriate by the instructor in order to enhance your learning experience. Formatting: Papers must be typed, double-spaced, with 1-inch margins, and in 12-point Times New Roman font. All written assignments must be turned in via Canvas. Proofread all assignments, paying close attention to content, style, spelling, grammar, and punctuation. Proofread at least THREE times including one outside reviewer. Regarding citation conventions, please use APA formatting. Incompletes: Incomplete Grades The grade of I (incomplete) is given for passable work that could not be completed due to circumstances beyond the student’s control. For a listing of regulations that apply to Incomplete Grades please refer to the 2014-2015 Graduate Catalog: http://nmsu.smartcatalogiq.com/en/2014-2015/Graduate- Catalog/General-Information/Regulations-and-Procedures-for- Students/Grading-System An incomplete (“I”) will be given only when there is a documented medical or family emergency and only if the student has passed the first half of the course. If an incomplete is given, the student must make arrangements with the instructor to complete the course one week after the end of the term. If the student does not make arrangements with the instructor within the given time frame, an “F” will be submitted for the course.
  • 8. Instructor Feedback: Instructor will provide various types of feedback throughout the semester. The feedback will be provided via active participation in discussions, by making specific suggestions for improving written assignments, through positive reinforcement, individual emails and personal communication, and lastly, by providing students the opportunity for peer-review and constructive dialoging. Late Submissions: Assignments, submissions, and work that are not turned in on time or at all will result in no credit being given for the assignment. In the case of a documented illness or emergency, late submissions will be considered at the discretion of the instructor. Multiple Submissions: Papers written in or submitted for previous courses will not be accepted. Students are welcome to build upon previous ideas, but note that assignments for this course have specific criteria that need to be met in order to fulfill course requirements. Posting of Grades: It is the policy of the College of Education and the Department of Educational Leadership and Administration not to post grades of any student anywhere in the college. If you wish to discuss what your grade and progress are in this class, please contact me personally. Otherwise, the grading scale and points possible may easily be used to determine your grade at any time in this course. Final grades will be posted by Tuesday, December 15, 2015. Prerequisite Knowledge: This course requires that students have prior knowledge including, but not limited to, time management and
  • 9. organization, email communication, software and keyboarding proficiency, online discussion threading, and in general using Canvas as an interactive online classroom tool. For more information or help, please visit http://studenttech.nmsu.edu/learnnmsuedu.html Disability Disclosure/Discrimination Statement Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act Amendments Act (ADAAA) covers issues relating to disability and accommodations. If a student has questions or needs an accommodation in the classroom (all medical information is treated confidentially), contact: Trudy Luken, Director Student Accessibility Services (SAS) - Corbett Center, Rm. 244 Phone: (575) 646-6840 E-mail: [email protected] Website: http://sas.nmsu.edu/ NMSU policy prohibits discrimination on the basis of age, ancestry, color, disability, gender identity, genetic information, national origin, race, religion, retaliation, serious medical condition, sex, sexual orientation, spousal affiliation and protected veterans status. Furthermore, Title IX prohibits sex discrimination to include sexual misconduct: sexual violence (sexual assault, rape), sexual harassment and retaliation. For more information on discrimination issues, Title IX, Campus SaVE Act, NMSU Policy Chapter 3.25, NMSU's complaint process, or to file a complaint contact: Gerard Nevarez, Title IX Coordinator Agustin Diaz, Title IX Deputy Coordinator Office of Institutional Equity (OIE) - O'Loughlin House, 1130 University Avenue Phone: (575) 646-3635 E-mail: [email protected] Website: http://www.nmsu.edu/~eeo/
  • 10. Other NMSU Resources: NMSU Police Department: (575) 646-3311 NMSU Police Victim Services: (575) 646- 3424 NMSU Counseling Center: (575) 646-2731 NMSU Dean of Students: (575) 646-1722 For Any On-campus Emergencies: 911 Teamwork: Educational courses at this level almost always involve teamwork. As such, some of the work in this class will be done in teams. Professional educators and educational researchers are commonly called up to work in teams, and few teams are composed of only people who “naturally” work well together. Instead, team members take the responsibility to bridge any gaps that occur. In this course, equal emphasis will be given to the process of teamwork as well as developing critical thinking skills. Wikipedia: Wikipedia is not a credible source to refer to or utilize for academic or scholarly work. Please refrain from using Wikipedia as a source for any of your papers or assignments for this class. Withdrawal: November 11 – Last day to drop with a “W” It is your responsibility to drop or withdraw from the course pursuant to NMSU deadlines and procedures if you do not wish to receive a grade for the course. Your instructor will NOT administratively drop you by the last ‘W’ date if you have not participated in class and/or have failed to submit assignments resulting in inability to successfully complete the class. The last day for you to withdraw voluntarily with a “W” is November 11, 2015. Before you drop this class or withdraw
  • 11. entirely from the university, I strongly encourage you to talk to me first. VI. Assignments 1. Profile Picture & Syllabus Quiz (40 points for both) Please post your profile picture for this course. This small task is worth 10 points. In addition, please complete the syllabus quiz (thirty points), which assists in better navigating and understanding the syllabus for this course – the most essential document for any course. 2. Readings & Discussion Board Activities (85 points for six weeks / 510 points total) Our presence, of body as well as mind, in this class is crucial to the success of this course. Class participation thus includes your attendance, reading, preparation, reflection on each reading assignment, contributions to the class, and your overall engagement in the subject matter. Readings and class discussions will be used to present the explicit intellectual knowledge related to personality and working preferences, leadership theory, transformational leadership practices, and personal strategic planning. Supplementary readings and notes are available on Canvas. The ability to think critically and to apply your thoughts is essential for successful leadership. Students should use discussions as an opportunity to practice these skills as well as to challenge each other and the instructor. Practical knowledge will be acquired through individual and class activities. These activities will address each week’s topic and give the students an opportunity to experience and learn leadership techniques with colleagues. For each Discussion Board session, your initial response is due by midnight on the Sunday of that week. The initial post is worth 30 points. Your minimum two responses to colleagues are due by midnight on the following Wednesday. The required two posts are worth 27.5 points each.
  • 12. Example of Discussion Board Session: Week One - Discussion Board - Introduction & PLSI Result - Board opens on Wednesday Your Initial Response is Due By - Sunday, October 17, 2015 (worth 30 points) Two Responses to Colleagues Due By - Wednesday, October 21, 2015 (worth 27.5 points each) 3. Individual Paper (125 points) Practical knowledge will also be acquired through individual activities. Students will submit one short essay that is related to the class readings and activities. Grades will be based on the ability to think critically about the content and apply the knowledge in a thoughtful way. 4. Personal Leadership Plan (150 points) The final assignment for this course is a Personal Leadership Plan, which is based on the culmination of all the work you have accomplished this mini-semester. Each student will also submit a final personal leadership plan. The plan will describe the environment in which the student plans to work, live, or volunteer. The plan will identify the student’s perceptions of their current strengths and weaknesses as a leader in their chosen environment and will identify gaps in leadership strengths and skills. The plan will establish goals for improvement of leadership effectiveness and indicate specific steps or actions to be undertaken. Finally, the plan will identify how progress will be measured and how improvements will be made. You are required to use class readings and activities to inform your Personal Leadership Plan - failure to do so with result in an automatic 5-point deduction. 5. Final Exam – 175 pts (to be completed during finals week)
  • 13. Tests – The test will be comprehensive and based on the readings, information presented by instructor and class members, and class discussions. Tests will be taken and submitted electronically. The exam will open at midnight on Monday, December 7 and close at midnight on Wednesday, December 9. Grading Scale Grading will be based on the following percentages of the total points accumulated on all activities: A+ 990 - 1000 4.000 A 910 - 989 4.000 A- 900 - 909 3.667 B+ 890 - 899 3.333 B 810 - 889 3.000 B- 800 - 809 2.667 C+ 790 - 799 2.333 C 710 - 789 2.000 C- 700 - 709 1.667
  • 14. D+ 690 - 699 1.333 D 610 - 679 1.000 D- 600 - 609 0.667 F 0 - 599 VII. Schedule and Weekly Assignments All assignments must be completed in a timely manner and according to syllabus requirements. Reading assignments should be completed before the appropriate lecture to understand the material presented in class. Readings and class lectures are subject to change. Class Week Topics & Assignments Week 1: October 14 – October 21 – Course Introductions, Syllabus Overview/Quiz & Learning Styles To Do: (1) Review Syllabus and take quiz, (2) Upload profile photo and participate in discussion board (3) Take the Paragon Learning Style Inventory (PLSI) and post your results in discussion board 1. The exercise is at: http://www.calstatela.edu/faculty/jshindl/plsi/index.html Due: Discussion Board #1 - Introduction & PLSI Results (Discussion Board Opens on Wednesday, Oct 14 and will close at midnight on Wednesday, October 21).
  • 15. Syllabus Quiz, due Sunday, October 18 by midnight. Week 2: October 21 – October 28 - Multiple Intelligences Read: Gardner reading on Multiple Intelligences To Do: Take the Multiple Intelligences Quiz and post your results. The quiz is at: http://www.bbc.co.uk/science/leonardo/thinker_quiz/ Due: Discussion Board #2 – Multiple Intelligences Results & Discussion (Discussion Board Opens on Wednesday, Oct 21 and will close at midnight on Wednesday, October 28). Week 3: October 28 – November 4 Leadership Styles by Bolman & Deal Read: (1) Four Frameworks of Leadership by Bolman & Deal, (2) Bolman & Deal PPT. Due: Discussion Board #3 - Respond to Bolman & Deal Questions (Discussion Board Opens on Wednesday, Oct 28 and will close at midnight on Wednesday, November 4). Week 4: November 4 – November 11 – Introduction to Servant Leadership Read: Three readings on Servant Leadership. Due: Discussion Board #4 – Respond to Servant Leadership Questions (Discussion Board Opens on Wednesday, November 4 and will close at midnight on Wednesday, November 11). Week 5: November 11- November - Leadership for a Multicultural Age Read: Leadership for a Multicultural Age by Bordas.
  • 16. Due: Individual Paper #1 – Due November 18 by Midnight Discussion Board #5 Respond to discussion board questions (Discussion Board Opens on Wednesday, November 11 and will close at midnight on Wednesday, November 18). Week 5 Continued (November 18-20): Extra Credit Discussion Board - Respond to Discussion Question Week 6: Fall Break November 21 – November 29 Week 7: November 30 – December 6 Global Leadership & Putting It Together Read: Global Leadership Competence: A Cultural Intelligence Perspective by Chin. Due: Discussion Board #6 (Discussion Board Opens on Monday, November 30 and will close at midnight on Sunday, December 6). Week 8: December 7 – December 11- Finals Week Personal Leadership Plan & Final Due: Personal Leadership Plan due by midnight on Friday, December 4th. Due: Final exam will open at midnight on Monday, December 7 and close at midnight on Wednesday, December 9. College of Education Conceptual Framework Theme: PREPARED
  • 17. The Unit’s conceptual framework provides an underlying structure, giving conceptual meaning to its operations though an articulated rationale. The conceptual framework also provides direction for programs, courses, teaching, candidate performance, faculty scholarship and service, and unit accountability (adapted from Professional Standards for the Accreditation of Teacher Preparation Institutions, NCATE: 2008). The NMSU College of Education has adopted PREPARED as its Conceptual Framework Theme. The elements of PREPARED are described below. This Conceptual Framework Theme provides the foundation for goals and outcomes for our candidates, their proficiencies, and the ways in which these proficiencies are demonstrated. Practitioners, Clinicians and Leaders The Unit’s commitment extends beyond preparing candidates to teach or continuing the professional development of practicing teachers; for, the Unit also prepares principals, school psychologists, counselors, mental health professionals, speech language pathologists, and physical education specialists for a broad range of professional roles in education. Reflection This is the process by which candidates are provided opportunities to be meta-cognitive and engage in thoughtful questioning and problems-based learning. Effectiveness This refers to the content, pedagogical and professional knowledge, skills and dispositions that candidates utilize to ensure that all students learn. Assessment of candidate effectiveness is performance-based, uses multiple measures, and is authentic. The preparation of effective practitioners addresses the mandates of No Child Left Behind and the demand for “highly qualified” and “effective” professionals. Pedagogy The Unit’s and the candidate’s educational and clinical
  • 18. practices are grounded in the general concepts, theories and research pertaining to effective teaching. Assessment This encompasses the formal and informal procedures for eliciting evidence related to Unit effectiveness, and both candidate and student learning. The Unit’s assessment system is based on professional, state and institutional standards. It includes measures that are systematically used to collect data at predetermined transitional points in order to predict candidate success and improve programs. Candidates also gain expertise in the principles of classroom assessment. Research Theories, investigations, and policies drive the work of the Unit and undergird candidate preparation and practice. Evaluation This is the continuous process for determining the Unit’s realization of its stated Mission, Goals and Outcomes. Both the Unit and candidates use rubrics to evaluate their effectiveness. Diversity Candidates, faculty, and students represent differences in gender, ethnicity, race, socio-economic status, language, religion, sexual preference, regional culture, and ability-level. The Unit provides opportunities for candidates to work with diverse students and to demonstrate dispositions that value fairness and the belief that all students can learn.
  • 19. Doing business today involves risks, both legal and financial. A tort is a civil injury designed to provide a remedy (damages) © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Damages Available in Tort Actions. Compensatory: reimburse plaintiff for actual losses.Special: quantifiable losses, such as medical expenses, lost wages, and benefits. General: non-monetary, such as pain and suffering, reputation. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for
  • 20. classroom use. * Damages Available in Tort Actions. Punitive: punish the wrongdoer. Appropriate when defendant’s actions were particularly egregious (actions were intentional or grossly negligent). Tort Reform. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Tortfeasor must “intend” to commit the act, which means: He intended the consequences of his act; or He knew with substantial certainty that certain consequences would result. © 2012 Cengage Learning. All Rights Reserved. May not be
  • 21. copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
  • 22. * ASSAULT is an intentional, unexcused act that: Creates a reasonable apprehension or fear of, Immediate harmful or offensive contact. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * BATTERY is the completion of the Assault: Intentional or Unexcused. Harmful, Offensive or Unwelcome, Physical Contact. Plaintiff may be compensated for physical and emotional harm. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
  • 23. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Consent. Self-Defense (reasonable force). Defense of Others (reasonable force). Defense of Property. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * False Imprisonment is the intentional:
  • 24. Confinement or restraint. Of another person’s activities. Without justification. Merchants may reasonably detain customers if there is probable cause. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * An intentional act that is: Extreme and outrageous, that Results in severe emotional distress in another. Most courts require some physical symptom or illness. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product
  • 25. or service or otherwise on a password-protected website for classroom use. * Wrongfully hurting a person’s good reputation. Law imposes duty to refrain from making false statements of fact about others. Orally breaching this duty is slander; breaching it in print or media (and internet) is libel. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Published statement must be a fact. Opinions are protected speech under the First Amendment, and not actionable. © 2012 Cengage Learning. All Rights Reserved. May not be
  • 26. copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Publication Requirement. Basis of defamation is the “publication” of a false statement that holds an individual up to hatred, contempt or ridicule in the community. Publication requires communication to a 3rd party. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. *
  • 27. Damages for Libel. General Damages are presumed; Plaintiff does not have to show actual injury. General damages include compensation for disgrace, dishonor, humiliation, injury to reputation and emotional distress. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Damages for Slander: General Rule: Plaintiff must prove “special damages” (actual economic loss) to prevail for slander. Exception: Slander Per Se. No proof of damages: loathsome disease, business improprieties, serious crime, or unchaste woman. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product
  • 28. or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Truth is generally an absolute defense. Privileged (or Immune) Speech. Absolute: judicial & legislative proceedings. Qualified: Employee Evaluations. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. *
  • 29. Public Figures: Exercise substantial governmental power or are otherwise in the public limelight. To prevail, they must show “actual malice”, i.e., the statement was made with either knowledge of falsity or reckless disregard for the truth. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Use of another’s name, likeness or other identifying characteristic for commercial purposes without the owner’s consent. Issues: Degree of Likeness. Right of Publicity as a Property Right. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. *
  • 30. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Elements: Misrepresentation of material fact; Intent to induce another to rely; Justifiable reliance by innocent party; Damages as a result of reliance; Causal connection. Fact vs. Opinion (not puffery). © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. *
  • 31. Wrongful Interference With a Contractual Relationship occurs when: Defendant knows about contract between A and B; Intentionally induces either A or B to breach the contract; and Defendant benefits from breach. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Wrongful Interference With a Business Relationship occurs when: There is an established business relationship; The Tortfeasor, using predatory methods, causes relationship to end; and Plaintiff suffers damages. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. *
  • 32. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Defenses to Wrongful Interference include: Interference with justified or permissible. Bona fide competitive behavior is a permissible interference even if it results in the breaking of a contract. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Trespass to Land occurs when a person, without permission: Physically enters onto, above or below the surface of another’s
  • 33. land; or Causes anything to enter onto the land; or Remains, or permits anything to remain, on the land. Defenses © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Defenses to Trespass to Land: Trespass is necessary, or trespasser is a licensee. Trespass to Personal Property : intentional interference with another’s use or enjoyment of personal property without consent or privilege. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product
  • 34. or service or otherwise on a password-protected website for classroom use. * Conversion: wrongful possession or use of property without permission. CASE 12.1 Trustees of University of District of Columbia v. Vossoughi (2009). How should personal property be valued? © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Tortfeasor does not intend the consequences of the act or believes they will occur. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for
  • 35. use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Four-Step Analysis: Duty: Defendant owed Plaintiff a duty of care; Breach: Defendant breached that duty; Causation: Defendant’s breach caused the injury; Damages: Plaintiff suffered legal injury. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. *
  • 36. Defendant owes duty to protect Plaintiff from foreseeable risks that he knew or should have known about. A foreseeable risk is one in which the reasonable person would anticipate and guard against . © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Duty of Landowners. Duty to Warn Business Invitees of Foreseeable Risks (knew or should have known). Duty to discover and remove hidden dangers that might injure invitees. EXCEPTION: Obvious Risks. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
  • 37. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Duty of Professionals. Professionals may owe higher duty of care based on special education, skill or intelligence. Breach of duty is called professional malpractice. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * No Duty to Rescue.
  • 38. Law requires individuals to act reasonably, but there is no duty to rescue (or warn, or come to the aid of another), unless there is a special relationship of trust. However, if rescue is attempted, the law requires due care and follow through. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Even though a Tortfeasor owes a duty of care and breaches the duty of care, the act must have caused the Plaintiff’s injuries. Causation is both: Causation in Fact, and Proximate Cause. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for
  • 39. use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Did the injury occur because of the Defendant’s act, or would the injury have occurred anyway? Usually determined by the “but for” test, i.e., but for the Defendant’s act the injury would not have occurred. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * An act is the proximate (or legal) cause of the injury when the causal connection between the act and injury is strong enough to impose liability. Were the injuries foreseeable?
  • 40. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Proximate cause is limited by foreseeability in the interests of justice and fairness. CASE 12.2 Palsgraf v. Long Island Railroad Co. (1928). Were the plaintiff’s injuries foreseeable? © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
  • 41. * To recover, Plaintiff must show legally recognizable injury. Compensatory Damages are designed to reimburse Plaintiff for © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Punitive Damages are designed to punish the tortfeasor and deter others from wrongdoing. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for
  • 42. use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Plaintiff has knowledge of the risk, and voluntarily engages in the act anyway. Defense can be used by participants, as well as spectators and © 2012 Cengage Learning. All Rights Reserved. May not be
  • 43. copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Assumption of the risk can be express or implied. CASE 12.3 Pfenning v. Lineman (2010). Is the driver of a beverage cart a “participant” at a golfing event? Generally, courts do not apply assumption of the risk in emergency situations. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. *
  • 44. A unforeseeable, intervening act that breaks the causal link between defendant’s act and plaintiff’s injury, relieving defendant of liability. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Under the common law doctrine of contributory negligence, if Plaintiff in any way caused his injury, he was barred from recovery. Most states have replaced contributory negligence with the © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. *
  • 45. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Comparative negligence computes liability of Plaintiff and Defendant and apportions damages. Pure Comparative Negligence States (California and New York): allow plaintiff to recover even if his liability is greater © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Modified Comparative Negligence States: percent of damages
  • 46. plaintiff causes herself are subtracted from the total award. 50 Percent Rule: Plaintiff recovers only if liability is less than 50%. 51 Percent Rule: Plaintiff recovers nothing if liability is greater than 50%. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Res Ipsa Loquitur. Facts and circumstances create presumption of negligence by Defendant. Burden of proof shifts to Defendant to show he was not negligent. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for
  • 47. use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Negligence Per Se occurs when Defendant violates a statute designed to protect Plaintiff: Statute sets out standard of care. Plaintiff is member of class intended to be protected by statute. Statute designed to prevent Plaintiff’s injury. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * “Danger Invites Rescue.” Special Negligence Statutes: Good Samaritan Statutes: physicians and medical personnel
  • 48. cannot be sued by victim. Dram Shop Acts. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Major Differences Between Civil and Criminal Law. Burden of Proof. Civil is preponderance of the evidence. Criminal is proof beyond a reasonable doubt. Criminal Sanctions. Harsher than those applied in civil cases. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
  • 49. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Civil Liability for Criminal Acts. Assault and Battery, can provide basis for both civil and © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for
  • 50. classroom use. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Classification of Crimes. Felonies: punishable by death or imprisonment over 1 year. Misdemeanors: punishable by fine or jail for less than 1 year. Petty offenses are minor violations such as jaywalking or violations of building codes. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
  • 51. To be convicted of a crime, a person must: Commit a guilty act (actus reus). Have the guilty mind (mens rea) during commission of the © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * State of Mind. Required intent (or mental state) is indicated in the applicable statute or law. Criminal Negligence or Recklessness (unjustified, substantial © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for
  • 52. use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * State of Mind: Strict Liability Strict liability crimes are found in environmental, drug laws that affect public health, safety, and welfare. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * A corporation itself cannot be imprisoned but can be convicted of crime through acts of its officers. Liability of the Corporate Entity.
  • 53. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Liability of the Corporate Entity (continued). Corporation fails to perform a legally required duty; or Crime authorized or requested by corporate principal/officer. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. *
  • 54. Liability of Corporate Officers and Directors. Corporate officers and directors are personally liable for crimes they commit. They may be criminally liable for acts under the “Responsible Corporate Officer” doctrine. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Violent Crime. Murder, sexual assault, rape, robbery. Property Crime. Burglary, larceny, theft of trade secrets, theft of services, arson, receipt of stolen goods, forgery. Public Order Crime. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for
  • 55. classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Occur in a business context using non-violent means to obtain personal or business advantage. Embezzlement. CASE 7.1 People v. Sisuphan (2010). Is the intent to return stolen property a defense? © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. *
  • 56. Crimes occurring in the business context (continued): Mail and Wire Fraud (federal). Bribery. Bankruptcy Fraud (federal). Insider Trading (federal). Theft of Intellectual Property. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Operates illegitimately by providing illegal goods and services: Money Laundering. RICO: Government must prove a “pattern of racketeering activity” and defendant committed at least two offenses. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be
  • 57. copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Justifiable Use of Force: Self-Defense of People and Property can use deadly force if reasonable belief of imminent death or serious injury; cannot use deadly force to protect property alone. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Necessity: criminal act necessary to prevent greater harm. Insanity. Person who suffers from mental illness may be
  • 58. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Mistake: of fact may excuse crime. Duress: wrongful threat induces another to perform a criminal act. Entrapment. Key issue: was the defendant pre-disposed to © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
  • 59. * Statute of Limitations: state must initiate criminal proceedings within statutory period of time (except for murder). Immunity: government grants immunity from prosecution in exchange for assistance. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * U.S. Constitution provides specific safeguards for those accused of crimes at federal and state level. Criminal procedures are designed to protect against the © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.
  • 60. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Fourth Amendment. Protection from unreasonable searches and seizures. Requirement that no warrant for a search or an arrest be issued without probable cause. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Fifth Amendment.
  • 61. Requires that no one be deprived of “life, liberty, or property without due process of law.” Prohibits double jeopardy (trying someone twice for the same © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Fifth Amendment. Requires that no person be required to be a witness against (incriminate) himself. Sixth Amendment. Guarantees of a speedy trial, public trial by jury, right to confront witnesses, and the right to a lawyer. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for
  • 62. use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Eighth Amendment. Prohibits excessive bail and fines and against cruel and unusual punishment. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Evidence obtained in violation of the Fourth Amendment is excluded from trial, including “Fruit of the Poisonous Tree.” Case 7.2 Herring v. United States (2009). Is evidence inadmissible when seized based on mistaken belief of police? © 2012 Cengage Learning. All Rights Reserved. May not be
  • 63. copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * CASE 7.3 Miranda v. Arizona (1966) required police to inform suspects of their constitutional rights. Exceptions to Miranda: public safety, certain confessions, suspect must unequivocally assert right to counsel. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. *
  • 64. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Arrest Booking Initial Appearance Grand Jury Preliminary Hearing Indictment Information Arraignment Plea Bargain Guilty Plea Trial © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Federal Sentencing Guidelines. Shift Away from Mandatory Sentencing. Increased Penalties for Certain Crimes. © 2012 Cengage Learning. All Rights Reserved. May not be
  • 65. copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Any act directed against computers or that uses computers as an instrumentality of a crime. Cyber Fraud: fraud committed over the internet (e.g., Nigerian letter scam). © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. *
  • 66. Cyber Fraud (continued). Online Retail Fraud. Cyber Theft. Identity Theft. Phishing. Vishing. Employment Fraud. Credit- © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Hacking. Malware and Worms. New Service-Based Hacking Available at Low Cost. Cyber Terrorism. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for
  • 67. use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * Prosecution of Cyber Crime. “Location” of crime is an issue. Jurisdiction of courts is an issue. Computer Fraud and Abuse Act. Person is liable if he accesses a computer online, without authority, to obtain classified, private, or protected information. © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. * © 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. *