Wednesday, April 7. 2021

Today's classes are: 

9:15 - 11:50 A Block Physical Geography 

12:30 - 3:05 D Block Legal Studies

A Block Physical Geography - Today we'll look at atmospheric moisture, humidity, and the four atmospheric mechanisms that cool a parcel of air to its dew point & cause precipitation (orographic, convectional, frontal, and radiative cooling). 

After, we will look at reading a weather map. You can practice by using the following web pages:
Wisconsin station model exercise
WW2010 University of Illinois weather page
Weather Report.com


We'll start by using the WeatherCycler to understand the three dimensional aspects of a low pressure system. Your activity after this is to read through the section on weather station models, complete the model plots in the week 8 package and then be the weather forecaster for Detroit Michigan. Look in your week 8 package to see the synoptic chart (also beside and below) and then figure out the probable weather for the next two days.

 
Take some time on the following sites to learn more and to practice your weather operational analysis capabilities:
WW2010 - University of Illinois Weather site
National Weather Service "Jet Stream" online weather school
American Meteorological Society "Data Streme"
ThoughtCo How to Read Weather Maps
Satellite Meteorology Course Weather Forecasting Module

Practice at: Weather Office (Environment Canada) Operational Analysis Charts or at the Data Streme site above

D Block Legal Studies - Today we'll start with negligence.

This is an unintentional or an intentional civil wrong (tort). Negligence is the most common civil tort (inattention, carelessness, and the possibility of harm) and there are 4 components to the “Test for Negligence:

1. Duty of Care – The Plaintiff must prove that the Defendant had the legal obligation not to cause harm on their property (The “neighbour principle” – you have a responsibility to take reasonable care for the safety of anyone who may be harmed by your actions)
2. Breach in the Duty of Care (Standard of Care) – The Plaintiff must prove that the Defendant did not meet the expected standard of care owed to them (based on the “Reasonable Person Principle” – concept of “Foreseeability”)
3. Causation – Once the Plaintiff has proven the Defendant didn’t meet the Standard of Care there needs to be a determination of “direct causality” (“but for…” principle – but for the actions of the Defendant the Plaintiff would not have been harmed – sometimes the acts speak for themselves “Res Ipsa Loquitor”).
4. Actual Harm/Loss – The Plaintiff must prove that real damages occurred to them as a result of the Defendant’s negligent acts

So...

1. Did you have a responsibility to someone?
2. Did you fail in your responsibility-How?
3. Did you cause them harm?
4. Did the suffer an actual loss?

Conduct is negligent if it creates an objectively unreasonable risk of harm.

To avoid liability, a person must exercise the standard of care that would be expected of an ordinary, reasonable and prudent person in the same circumstances.

The measure of what is reasonable depends on the facts of each case, including
• the likelihood of a known or foreseeable harm,
• the gravity of that harm, and
• the burden or cost which would be incurred to prevent the injury.

In addition, one may look to external indicators of reasonable conduct
• such as custom,
• industry practice, and
• statutory or regulatory standards

So, what Defenses are there for Negligence?

The best defense is no duty of care (in other words you did not have a responsibility to the plaintiff). Another defense is that the Defendant actually met the Standard of Care expected (you acted in a manner that was responsible and brought no harm to the plaintiff). Other defenses include no actual loss or harm to the Plaintiff (although you may have been responsible for negligence, the plaintiff experienced no real harm to them) and…

1. Contributory Negligence – if the Plaintiff and Defendant are both negligent then damages can be split between them. In this the Defendant must establish that the Plaintiff was partially at fault

2. Voluntary Assumption of Risk – This implies that you accept factors that may lead to harm or injury. This means you assume risk. The Defendant must prove that the Plaintiff clearly knew the risk involved in their actions and chose to assume it. Waivers – are not always enforceable The Defendant must establish that the Plaintiff made a conscious decision to sign the waiver and knew what it implied.

You have the rest of the afternoon to plan your project (including your law firm commercial if you choose that option)