Case Analysis (Legal Methods) Essay Example | Topics and Well Written Essays - 1000 words

Case Analysis (Legal Methods) - Essay Example The plaintiff sustained injuries as a result of the crash and attempted o claim compensation from the defendants on the grounds that they owed him a duty to ensure that the animals could not escape and get onto the highway where they might cause an accident. The area where the horses were kept did have a fence around them and it was not possible to reach a conclusion how the horses has managed to escape from the field. The fence had been flattened by the exiting horses and the judge came to the conclusion that the horses must have become frightened by someone or something and had bolted through the fence. The judge came to this decision despite lack of any concrete proof that this might be the case on the basis that the horses had never attempted to escape previously. Initially the plaintiff asserted a claim in negligence and under the Animals Act 1971. The negligence claim failed on the grounds that the animals were usually docile and the fence under such circumstances was adequate for its purpose. Judge O’Malley felt that the defendants had maintained an adequate state of repair to the enclosure and that the fencing was not below the standard required of a ‘reasonably careful and prudent owner’. It was therefore necessary for the plaintiff to rely on the strict liability for the damage under the Animals Act. Given that the defendants had been found not guilty of negligence the plaintiff had to rely on proving the horses were dangerous. The difficulty with this was that the horses were generally docile and had never previously escaped nor injured anyone. As the Act does not list horses as a dangerous species then the reliance was on Act which states "(2) Where damage is caused by an animal which does not belong to a dangerous species, a keeper of the animal is liable for the damage, except as otherwise provided by this Act, if-(a) the damage is of a kind which the animal,

Exam Habits Research Paper Example | Topics and Well Written Essays - 1000 words

Exam Habits - Research Paper Example deed, both the parents and the teachers have a desire for students to perform well, however, they provide little guidance on determining the most appropriate learning techniques that would work to enhance educational outcomes (Barrass, 2002). Based on this perspective, this paper examines Exam habits are determined by the learning techniques that students engage. There are various principles that comprise the states of learning. First, an individual must be in the right state of mind. Knowledge is impacted when a particular individual makes an effort towards learning. An example of such an aspect involves the learner to have positive expectations towards the learning process (C.E., 1988). Secondly, is that there must be a variety of ways of input. Some individuals learn better by using numerous input methods. This involves aspects such as asking of questions during the learning process. In the different states of learning, there are four main stages of competence. The first stage is that of unconscious incompetence in which an individual is mot in a position to understand something while at the same time does not recognize the lack of such understanding. In learning, it is essential that one understands the need for understanding for effective learning. The second stage is that of conscious incompetence. This stage involves one individual who does not understand concept although such individuals know of the lack. This state of learning involves making mistakes, which is an integral part in effective learning as long as one is able to realize the mistake and make adjustments (C.E., 1988). Conscious competence involves the state of an individual having critical understanding of an issue. An important aspect at this stage is the need for concentration. Concentration is important in learning as it enhances better understanding of concepts. The last stage is unconscious competence, which involves the state of an individual having practiced a skill and therefore,