Question

[bearfan]

In my business law class, we're doing a mock trial. I just wanted to double check on if a teacher drives a student home reguardless of the circumstances, it is frowned upon? Outside of school too? Say a teacher sees someone and offers them a ride home.

I couldnt find much on google, save for it would be a liability to the school and stuff.

[regoob2]

In my business law class, we're doing a mock trial. I just wanted to double check on if a teacher drives a student home reguardless of the circumstances, it is frowned upon? Outside of school too? Say a teacher sees someone and offers them a ride home.

I couldnt find much on google, save for it would be a liability to the school and stuff.PM BF51 he's a college professor He might help.

[Rob S]

ummm....maybe u could use it for defamation of character on cross, but I dont think there is a legal precedent prohibiting teachers from driving their students somewhere........unless there was intent to break a law, in which case u would have something there.

As a mock trial vet and aspiring law student I can tell u that the key to a successful mock trial is confidence (as is the case with a lot of things). Do everything with confidence and do anything u can to rattle your opponents confidence. So many times I have made a fairly frivolous objection, but because I did it forcefully and confidently, my opponent withdrew their question before the judge could even overrule me. Same thing goes for cross examination......

[MetSox17]

Are you in High School or in a University?

[CJSchneider]

In my business law class, we're doing a mock trial. I just wanted to double check on if a teacher drives a student home reguardless of the circumstances, it is frowned upon? Outside of school too? Say a teacher sees someone and offers them a ride home.

I couldnt find much on google, save for it would be a liability to the school and stuff.

From my perspective as a middle school teacher, the answer is no, it is not frowned upon. I have given several students rides home and even to sporting events for a multitude of reasons (missed bus, poor weather and they walk home, no ride to home after a school sponsored event). I do however make sure that I tell an administrator that I am taking the child home and for what reason. I have never seen a student and offered them a ride, but if I did, I would, again, inform my administration first thing the next day.

[bearfan]

High School.

The case is as such: Bud Wiser, an adult, house owner had a party at his house. This girl Patti, an under aged party goer went to the party, and ended up dying from being frozen to death (went off on her own, froze to death outside). Bud bought the alcohol that Patti drank, he encouraged her with chugging contests of brandy ect.

The teacher overheard that there was a party at Buds. Didnt say anything. Why im asking the question though is that she saw Patti later that night at a cafe (bud was there too), and thought that she smelled alcohol. So im just preparing myself incase they bring up why the teacher didnt offer to drive her home.

Oh and im a prosecutor, trying to get Bud on 2nd Degree man slaughter (on negligence).

[CJSchneider]

So let me get this straight, a female adult teacher saw Patti, an underage student, outside of school and thought she smelt alcohol? This same teacher had heard (or overheard) there would be a party at Bud's house and she saw Patti with Bud?

[Rob S]

High School.

The case is as such: Bud Wiser, an adult, house owner had a party at his house. This girl Patti, an under aged party goer went to the party, and ended up dying from being frozen to death (went off on her own, froze to death outside). Bud bought the alcohol that Patti drank, he encouraged her with chugging contests of brandy ect.

The teacher overheard that there was a party at Buds. Didnt say anything. Why im asking the question though is that she saw Patti later that night at a cafe (bud was there too), and thought that she smelled alcohol. So im just preparing myself incase they bring up why the teacher didnt offer to drive her home.

Oh and im a prosecutor, trying to get Bud on 2nd Degree man slaughter (on negligence).

I would need to sit down and really read it to develop a plan.....just make sure u kill ur opening and closing....its the one time u can truly speak without any chance of interruption. Also (especially for HS student bc they will be easily impressed) make sure u lay out each element of negligence in both your opening and closing and state how you proved it. This is just a class and not a state comp. or anything so I assume a little bit of prep will go a long, long way.......

[Gay Ork Wang]

id think it wouldnt help bud at all bringing the teacher up. it would just result in charges against the teacher too and the charges against bud wouldnt be dropped

[CJSchneider]

No, if I were a HS teacher, and knew about a party and came to this knowledge prior to the end of the day (lets' say on a Friday), my liability as a teacher ends when Patti leaves school. If I see the girl later Friday night or anytime prior to Monday morning, I am under no obligation to stop her or do anything. As a precaution, personally I would send an e-mail to my administration or school counselor. But even if I didn't, I could not be held liable. However, let's say Patti and Bud return to the school grounds for a sporting event or any school sanctioned event. Then I can detain Patti and have my administration or local law authorities contact her parents or legal guardian.

[Rob S]

id think it wouldnt help bud at all bringing the teacher up. it would just result in charges against the teacher too and the charges against bud wouldnt be dropped

Yeah.....well, if u wanted to go that route, just dont mention the teacher on direct and then object to beyond the scope of direct examination if it comes up on cross. If your opponent is good, he can probably still get it in, but u have a decent shot of keeping it out. Even if he does get it in, u can always re-direct.

[A Perfect Score]

when i first read this, I thought bearfan's teacher drove him home after mock trial and was he was wondering whether it was bad hahaha

[SuperKevin]

when i first read this, I thought bearfan's teacher drove him home after mock trial and was he was wondering whether it was bad hahaha

That's what I thought at first too.

[CJSchneider]

Just as a side note, if I as a teacher hear about a party and hear that drugs or alcohol will be present, I am legally obligated to inform the school who in turn informs the police.

[Brent]

Just as a side note, if I as a teacher hear about a party and hear that drugs or alcohol will be present, I am legally obligated to inform the school who in turn informs the police.
Even if I, as a teacher, didnt know if it were true or not that drugs/alcohol were present, I would still inform the campus officer who could tell his PD.

As for his case, if the teacher chose not to do anything, that's their buisness. However, he should have informed proper authorities if he heard about that party.

[josh07039]

I think for your case, the teacher is irrelevant. If you are trying to get the house owner on some 2nd degree murder deal, the teacher being responsible or not really has no bearing on Bud's liability. The only affect the teacher could have is as a semi witness to the fact that the party took place.

[Gay Ork Wang]

Just as a side note, if I as a teacher hear about a party and hear that drugs or alcohol will be present, I am legally obligated to inform the school who in turn informs the police.
im not sure since the party with alcohol was thrown by an adult

[iowatreat54]

I'm pretty sure if a teacher knew about a party with drugs and alcohol, regardless of who "hosted" it, knew students from his school were attending, and something happened like in the original case, then the teacher could get in trouble if it came out that he knew beforehand and did not say anything.

[MetSox17]

when i first read this, I thought bearfan's teacher drove him home after mock trial and was he was wondering whether it was bad hahaha

Which is why i asked if he was in HS or college.. i thought he had gotten a ride home as well, lol.

[CJSchneider]

As for his case, if the teacher chose not to do anything, that's their buisness. However, he should have informed proper authorities if he heard about that party.

No, by law I'm obligated to inform the school administration. Now, if that happened, proving I heard something is rather difficult. I can tell you even if I heard bits and pieces, personally I would report it.
If I saw the girl in public after she had lawfully left school, and I had informed the administration I am no longer liable by law.

It's just like I am lawfully obligated to report abuse or suspected abuse. Most schools will ask you to refer it to the administration so that a counselor can sort out the details first, but I don't have to go through them at all.

[Jvig43]

I'm pretty sure if a teacher knew about a party with drugs and alcohol, regardless of who "hosted" it, knew students from his school were attending, and something happened like in the original case, then the teacher could get in trouble if it came out that he knew beforehand and did not say anything.

But theres really no way to prove the teacher knew before hand, so hed be safe there.

[iowatreat54]

But theres really no way to prove the teacher knew before hand, so hed be safe there.

Well, I was speaking in terms of the law, not whether or not they could prove anything or he could get off.

Personally, I feel that any teacher should feel the obligation to inform someone in these circumstances rather than be worried about whether or not it can be proved if they heard anything. But that's just me.

[CJSchneider]

Personally, I feel that any teacher should feel the obligation to inform someone in these circumstances rather than be worried about whether or not it can be proved if they heard anything. But that's just me.

QFT, How would you feel if you found out that Monday that a student died and you could have prevented it. That by the way is far more a reason then "because the law says so."

[bearfan]

Ok, so day one did not go so well for our team. It is basically the 3 of us on my team vs one (the other two dont do a thing). So the one defense has a set thing he is going after, while the three of us were not all on the same page.

Here's what went down thats hurting us:
-2 of our witnesses said they saw patty drinking Buds alcohol, and then said they saw her smoke weed.
-the coroner didnt find any weed in her system

The defense is saying "well if you think you saw her smoking, but she didnt, how can you be sure?" That really sidetracked us from getting to what we wanted to get to.

Tomorrow we are bringing back up the chief of police, and are going to get her going on the whole negligence deal.

We're going to get contributing to the delinquency of a minor for sure. The man slaughter is tougher, but since we learned earlier in the year that if you have a party that the house owner is responsible for the saftey of the people. Something like that.

And the teacher will be brought up tomorrow, this isnt something we can avoid. We have to use all the witnesses since it is a mock trial and the students are getting graded on what they do. So the only thing we have on her hearing the roumour is hearsay, and then to the whole not driving her home, the fact that it is frowned upon and that she was with an adult (bud).

[bearfan]

But theres really no way to prove the teacher knew before hand, so hed be safe there.

she said in her police report that she heard.

[CJSchneider]

Like I said, if the teacher says she reported what she heard to the school administration before school ended that day, she is no longer liable - by law.