Exam (elaborations) LSTD 601 MIDTERM

AMERICAN PUBLIC UNIVERSITY LSTD 601 | LSTD601 MIDTERM Part 2 of 2 - Midterm Essays 28.0/ 28.0 Points Question 37 of 38 14.0/ 14.0 Points Please discuss the four aspects of implementing a preventative law plan in your sport organization. *Don't forget to use Bluebook citations as needed. Preventative lawyering is simply about acting proactively through taking steps so as to prevent a problem from occurring rather than acting reactively when dealing with a client’s problem once it occurs or in our case when a problem occurs in a sport organization. For this law to be truly effective, lawyers ought to find the real problem in the sport organization rather than the legal problem in the organization. Preventative lawyering usually starts with an attitude towards the practice of law, Time and effort have to be in a position that they are beyond the sport organization’s problem. The lawyer in concern ought to build strong bonds with their clients so that the organization can feel free to them about anything that directly and indirectly relate to their legal affairs. Otherwise, the client will be reluctant to tell the lawyer everything. In order to overcome this obstacle, communication is essential. The Benefits of preventive law Preventative lawyering contributes to the life and business success of the sport organization. The organization is likely to be saved stress, harm as well cost. The practice also ensures that the sport organization is not misguided on issues that may have a substantial impact on them in the future. Implementation of the preventive law plan The way to implementing a preventive law is Making sure the plan is congruent with the cores and values of the sport organization. All members of the organization ought to understand the importance of preventive law and embrace it by taking it as part of their daily jobs. Key elements to implementing preventive law 1. Developing effective policies and procedures that create a legal solution that anticipates as well as taking into account what members of the organization will do thus preventing litigation. This improves personal and business relationships thus being an essential part of the preventive law. 2. Drafting contracts that protect the sport organization’s interests. There being stipulated guidelines for protecting the organization’s interest, it will be easy to follow them and in a way preventing them from colliding with the law. 3. Designing effective training programs. Instead of focusing solely on reducing a few elements of risks to zero, the designed effective training programs enables the preventive law to focuses on the overall sum of risks as well as striving to reduce the overall risk. 4. Develop evaluation procedures such as bringing in legal expertise earlier thus making it possible to detect as well prevent legal problems from occurring. References: Berger-Walliser, G. & Ostergaard, K.: Proactive Law – in a Business Environment. (2012) Brown, Louis M.: Preventive Law, (1950) Dauer E. A., Four Principles for a Theory of Preventive Law,(1950) Model Short Answer:The first aspect is the development of policies and procedures. These display your commitment to acting reasonably to deal with risk but they also communicate commitment and concern to constituents. Policies and procedures ensure fairness and consistency in the workplace. The second aspect is drafting contracts that protect your organization’s interests. You should draft contracts that are congruent with your organizational practice and values. The third aspect is designing effective training programs. Policies and procedures are useless if they are not translated into practice. All employees should be a part of this training, and they should be informed as to how the preventive law process is tied to and enhances the organization’s core values. The final aspect is developing evaluation procedures. This is an ongoing process, and there must be an organizational commitment to an effective preventive law process. Question 38 of 38 14.0/ 14.0 Points Please discuss at least two strategies a sports organization can adopt to minimize liability for negligent hiring, negligent retention, or negligent supervision. *Don't forget to use Bluebook citations as needed. Negligent hiring and retention has their roots in in common law and usually arises from the tort body of laws. Torts these are the legal wrongs that are usually associated with personal injury cases, like negligence. Negligent hiring and retention are the theory applied to a case so as to impose liability against an employer in a case where there is no other basis for recovery under a theory of respondent superior. A claim regarding negligent hiring has it ground on the concept that an employer is held liable for the harm due to its employee’s negligent acts. Negligent retention occurs in a case where a party fails to remove an employee from authority or responsibility even after it became apparent that the employee was surely misusing that authority or rather responsibility in a way that it was endangering others in the working environment. Negligent supervision occurs where a person responsible fails to monitor and control the actions of an employee reasonably. Suits for negligent retention often plead negligent supervision or training as an alternate , an employer who knows an employee's improper conduct ought to terminate that employee, or take steps so as to penalize that conduct and or otherwise train the employee how not to engage in such conduct. Employing organizations have in most cases neglected to check the backgrounds of employees before incorporating them or hire them. This has led to such organization to suffer damaging repercussions as a result. Sport organization can adopt this strategy as a way of minimizing liability for negligent hiring, negligent retention, or negligent supervision by ensuring they check the backgrounds of new employees prior to hiring them. For sporting organization’s to be conservative in interpreting the Negligent Hiring doctrine and also help in protecting the possibility of negative retention, there are some organizations that employ post-employment screening programs which aids in re-checking the backgrounds of current employees. Conducting post-employment background check ups is a good practice that may help in reducing the risks pertaining negligent hiring as well as retention claims. More importantly, it can help the organization create a conducive working environment. Sporting organizations can also employ this strategy in order to reduce their liabilities in negligent hiring, negligent retention, or negligent supervision. References: Feliu & Johnson, Negligence in Employment Law (2002) The Wagon Mound (No 2). Model Short Answer: Liability for negligent hiring may be minimized by having good hiring protocols in place to check for necessary information concerning a candidate’s competence and fitness. Do not rush into hiring decisions; make sure that you are reasonably investigating applicants’ backgrounds. Require job applicants to sign a form authorizing you to obtain information from prior employers and make sure that you ask applicants to divulge prior felony convictions. Check references carefully and document responses. Regarding negligent retention, when employees engage in inappropriate behavior on the job, take immediate action. Make sure that the discipline is sufficient to stop the bad behavior. If the behavior is severe, make sure that your employment policies allow for immediate termination of the employee. Institute a “no tolerance” policy regarding workplace violence. Regarding negligent supervision, make sure that all managerial and supervisory employees understand the degree of supervision that is necessary for their subordinates. Enforce the supervision policies.