History of the US Court Seamons v Snow Case Free Essay Example, 500 words

Brian Seamons (Plaintiff) was a junior student at Sky View High School in Smithfield, Utah, and a member of the school s football team. On October 11, 1993, Brian was assaulted in the locker room by his teammates. As he finished showering after practice, he was grabbed, forcibly restrained, and bound him to a towel rack with adhesive tape while his other teammates watched. To add humiliation, one of his teammates brought the girl he once dated to see him in his state. The next day, October 12, Brian together with his parents went to the police, school administrators and other authorities including his football coach and the school principal to report the said incident. On October 13, Brian and his parents had a meeting with his football coach, Doug Snow (Defendant) and school principal, Myron Benson (Defendant). Coach Snow ensured Brian and his parents that he would support Brian s decision and encouraged him to remain on the team. Brian eventually decided to remain on his team and attended the meeting scheduled by Coach Snow to discuss the incident with his team captains. Coach Snow wanted to mend the feelings of his team since they have coming games and this would create distractions if the issue continues. We will write a custom essay sample on History of the US Court: Seamons v Snow Case or any topic specifically for you Only $17.96 $11.86/page Coach Snow gave Brian a time to think through the situation before deciding. Brian decided that he will not apologize to his teammates. This time Coach Snow that they can t have him on the team. Brian Seamons filed a civil action against his football coach, school principal and school district under 42 U. S.C. 1983. The district court has granted summary judgment in favor of all the defendants. Brian appealed this action to this court. Issues: Whether or not the district court erred in their decision to grant all the defendants the motion to dismiss all of Brian Seamons claims? Holding: The United States Court of Appeals, the Tenth Circuit affirmed the district court s dismissal of all claims except the free speech claim. The court remanded the district court s decision and held that Brian Seamons properly stated a claim under First Amendment and the district court s dismissal had been premature. The judgment of the district court is REVERSED with respect to defendants Douglas Snow and the Cache County School District, and the case is REMANDED for further proceedings consistent with this opinion. The judgment with respect to Defendant Myron Benson is AFFIRMED. Rationale: According to the United States Court of Appeals Tenth Circuit, they have reviewed the whole record of summary judgment in the light that is most favorable to the party contrasting the summary judgment based on Weir v. Anaconda Co. , 773 F. 2d 1073, 1079 (10th Cir. 1985) and Riley v. Brown Root, Inc. , 896 F. 2d 474, 476 (10th Cir. 1990). Finally, if the district court made any findings of fact, they are not permitted to the reverence due to findings of fact made after a trial on undecided factual issues based on Riley, 896 F. 2d at 476-77 n. 5 which ruled that determinations made in ruling on summary judgment are not reviewable under the clearly erroneous standard of Rule 52(a), but are reviewed under Rule 56(c) to ascertain whether there is an absence of any genuine issue of material fact. Additional comments: I agree with the decision of the Court of Appeals to remand the decision of the district court dismissing Brian s claim of free speech under the First Amendment. I believe that Brian should have been tried accordingly and the district court should have reviewed the facts presented by both parties before deciding to dismiss the summary judgment to warrant time in the federal courts. Additional question: Should a 16- or 17-year-old high school football player alleged to have committed an act of hazing to be tried as an adult? Why or why not? For me, a 16 or 17-year-old high school football player alleged to have committed an act of hazing should not be tried as an adult. I believe that students aged 16-17 years old are still not adults as their cognitive skills are still developing. They are still children by heart. Their behaviors are still impulsive and they still do not have the sense of minding the consequences of their actions. If they have committed an act of hazing, they probably see this action as a tradition of their organization and since no one has really intervened in them and told them it is illegal to do so, they may have established such acts as legal or allowable. I believe they just lack guidance and proper intervention; they should be given a chance to be tried not in the adult criminal justice system.

Does Anyone Really Need School - 1056 Words

Does Anyone Really Need School? Many people will say that grades K-12 in school help better a student so they can go on to college where they will receive an higher and more profound education. Other people have reason to believe that schools are teaching students not to grow up and not to be unique, rather than educating them. In John Taylor Gatto’s essay Against School he addresses many issues about whether or not anyone really needs to attend school and what he believes schools are doing to students. Being well educated means making sure that students are using their abilities to be creative, curious, as well as being able to analyze and problem solve (Sabrina). They should also have an ability to create new things whether it is†¦show more content†¦There were many famous people that were very impactful on America who never received even a secondary education. People such a George Washington, Thomas Jefferson, and Benjamin Franklin never graduated from high school but this did not hold them back. They were able to go on to achieve great things such as leading a nation by being president, writing the Declaration of Independence, and inventing new things. These are all characteristics of being well educated. Even though they did not go to high school these people, who would now be described as unschooled, generally rose to the top. He says that they were â€Å"unschooled, perhaps, but not uneducated (Colombo).† The original purpose of American schooling was â €Å"to make good people, to make good citizens, and to make each person his or her personal best (Colombo).† Gatto expresses in his essay that he knows the real reason for American schooling. The real reason for having American schooling is to keep children immature and childish as long as possible. There is no need to grow up due to everything being so easy for the adults. Because it is so easy to get a divorce, it takes away the need to make a relationship successful. Because of the ease to get credit cards, it takes away the need to have self control when it comes to spending and saving money. Due to the fact that

Differences Between High School and College Essay - 554 Words

It is often said, that high school, prepares a student for college. For certain, a student is being prepared, but only for what the world has to offer, and that is making choices on what to pursue. Certainly, most people would concur with this statement. But, the fact to consider is, that high school does not prepare a student for the major difference in the challenge. One difference in the area of challenge is the work. In high school, students are not challenged with assignments. Generally, an assignment in high school does not require much depth. When it comes to homework in high school, students are not assigned homework often. As well, in high school, most instructors do not promote the proper grammar, punctuation or†¦show more content†¦In college, there is a definite difference in expectation, and this is a major challenge. In high school, students are cradled by the teachers and administration. If a person is to fail an assignment, the students have as many chances possible to pass. In addition, if a student fails an exam, this will not mean that the student fails the course. Therefore, this causes major problems going to college. In college, most courses require that the student passes the exam with a certain grade determined by the school. In addition, for most courses in college, it is expected that the student gets a 55 or 60 percent in the course, depending on the course. Furthermore, in college, students are expected to learn quicker. What is meant by this is, that in high school, students are taught at a slower rate. Therefore, it is definite that in high school, having less expectation reflects in college, by causing more of a challenge for the student to adjust. Finally, achieving a high grade in college is more difficult than in high school. In high school, grades are easier to achieve and there are greater opportunities for marks. Usually, a student is graded on many different areas, including; attendance, participa tion, effort, and organization. Also, students are graded on evaluations and assignments. These are the areas which are graded, and these account for a large portion of the finalShow MoreRelatedDifferences Between High School And College909 Words   |  4 PagesThe transition from high school to college is a process that can help students to improve themselves and be more independent. Therefore, they would know what they have to do to achieve their goals and learn how to deal with the time that they have. Similarly, international students, like the Brazilians, when they come to America to study, they have an opportunity to know how to deal with not only with the differences between educations given in Brazil and in the United States. 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Concierge and Organizer Services Sample for Students-Myassignment

Question: Write a Report on Concierge and Organiser Services. Answer: Background to the problem In todays fast paced world each and every individual is struggling hard to deal with the busy work schedule and running towards earning money for a better quality of living. In between all this chaos, there are various workplace as well as household duties and responsibilities are neglected. Time has been a major constraint in and to solve this problem the concept of concierge services are introduced in present scenario. A concierge is a professional who completes the daily chores on the behalf of an individual who has no time for that due to some other important commitments. The main aim of hiring a concierge is to outsource personal work so that an individual can utilise their time productively in some other work. The demand for concierge services are increasing because due to lack of time the individuals accumulate a lot of work which can easily be done by the concierge by taking professional fees which is much less than the time and energy consumed. A personal concierge can do grocery shopping to organize work files very efficiently and this has simplified the lives of many people and gave them benefit of convenience. By observing the demand of a concierge, a concierge and organiser services was launched in 2007. It aims to cater the needs of the individuals by providing them customised services. Due to their high quality personalized concierge services they have made some loyal clients which ensure them profits into the industry. Defining the problem The concierge services is a promising field in coming times but presently the organization is dealing with some issues in operating their business. Though the organization has been in concierge services since 2007 but they are unable to make a strong presence in the market. The growth and the sales are not increasing much and the major part of the profits comes from the loyal customers. The concept of concierge services is not very common very people and some have never heard of it, which may affect the business sustainability in during tough economic times. The demand for concierge services are increasing in the developed countries but it is still a relatively new concept in developing or small countries. There are lot of wrong perception regarding the concept of concierge services in the minds of people. Concierge services are often confused by a servant or a maid who comes daily to household chores. But a concierge is much more than that. They are highly professional individuals who are an expert in managing and organizing the tasks of an individual. Also the fee charged for the services are perceived relatively high in comparison to the same work done by the maid or a servant. The client base of the business is limited to only women. Womens have captured the majority of the clients share at 90%. This stereotype can deeply affect the growth of the business as the males will perceive concierge services as women oriented and they may not be interested in availing the services of a concierge. SWOT analysis of Concierge and organiser services Strengths: Highly professional staff which can efficiently fulfil the tasks and responsibilities of the customers. As they are incorporated in the year 2007 as a result they have a strong market presence and limited competition in this market segment. Also the loyal customer base will ensure stable returns from the business. The organization also has cost advantage as there are not much competitors. They are also following CSR activities such as doing charity and donating for a good cause. This creates a strong public image in the society. Weaknesses: The major weakness is that the company is unable to mark a strong presence in the market. There is no strong PR strategy to involve new clients in the business which is restricting the growth of the business. Majority of clients are female which is creating a hindrance in reaching to the male audience. Opportunities: Many organizations provide concierge services as a part of their pay package to their employees. The company can approach some organizations for a tie-up; this will not only increase the customer base but also give an opportunity to target other organizations. Online presence of the concierge services is also a good option as it will reduce the operating cost of the business. Threats: In coming times the demand for concierge services will increase and this will attract number of new competitors. Also the perception about the concierge services in the minds of people may affect the business.