Oral Argument Practice Exercise

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  • Topic: Employment, Law of negligence, Negligence in employment
  • Pages : 3 (1074 words )
  • Download(s) : 107
  • Published : April 8, 2013
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Good morning your honor. I am Adalberto, and I represent James Flick College Preparatory Academy, the defendant in this case. This hearing is on the academy’s motion for summary judgment for the inexistence of an issue of material facts. Plaintiff is asking this court to hold my client, the academy, liable on two grounds: 1) negligent hiring, and 2) negligent supervision. The law in Arizona on negligent hiring establishes that the employer can be held liable for negligent hiring only when the employer has knowledge of the employee’s vicious conduct before hiring him. In other words, the employer is liable for negligent hiring when the employees vicious conduct was foreseeable. With regards negligent supervision, the law in Arizona establishes that the employer has constructive knowledge of the employee’s knowledge acquired while acting within the scope of his employment. The facts of this case are very straightforward: My client, the academy, aware in 2007 that a science teacher was going to be required as faculty in the near future decided to begin a background research of Mr. Sheffield. He then was a well-known and respected teacher on the Tucson academic field. The academy decided to start researching Mr. Sheffield’s background after he obtained media coverage for receiving a teacher-of-the-year award. At that time, the academy did an exhaustive background check of Mr. Sheffield; 4 employment references were contacted. Those references characterized Mr. Sheffield as an extraordinary person and teacher. For example, references at Mountain Street High, Mr. Sheffield’s former employer, defined him as godsend. The principal of Mountain Street said that student’s grades improved dramatically since Mr. Sheffield started teaching there. The vice-principal of that institution also defined him as a brilliant and gifted teacher. When a position was made available in 2009—two years after the time of the first research—the academy contacted again Mr. Sheffield’s...
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