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AfilCa [17]
3 years ago
12

1-2 Discussion: Agency Previous Next Read Case 34-2, Iglesia Cristiana La Casa Del Senor, Inc. v. L.M., on page 778. Explain the

concepts of agency and respondeat superior. Assume that L.M.’s account of the incident is true. Examine the exception to the "scope of employment" criteria mentioned by the judge. How could the plaintiff make an argument that Pacheco’s conduct was within the scope of his employment? You may have heard of similar cases in the news, where the employer of the offending party was held liable, such as cases involving a teacher and a student. On what basis should employers be held liable for the acts of their employees in these types of cases?
Social Studies
1 answer:
stira [4]3 years ago
3 0

Answer:

In the understanding of this court case, where the plaintiff (L.M.) filed a lawsuit against Pacheco on sexual abuse, the court ruled that the perpetration of the abhorrent act committed did not have to do with Pacheco´s ´´scope of employment´´ as the act happened outside the boundaries of the church and not within his working hours. However, if the plaintiff were to argue that in fact this conduct happened within the scope of employment, she would have to explain and convince that Pacheco was indeed responsible as it is a Pastor's duty and responsibility to guide and counsel at all hours, and not just limited to his church´s hours. A pastor is a figure of responsibility as a visible head for a community, not to mention that in some churches, a pastor is also a legal representative.  

Employers should be held liable for the acts of their employees whenever there is a failure to supervise employees or some kind of misdemeanor is perpetrated within the employer´s work facilities or influential premises. These points of view however, are not stated by a lawyer/judicially, these are my personal observations after having researched on the case.

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Answer:

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Pandering to a base by way of violating laws sets a terrible precedent going forward. it suggests that here our laws are different and "that line in the sand can move". what is a nation of laws which doesn't enforce them. The answer is a nation without a spine. A law is a law, and while one might disagree with the laws, and that is why we have a proper way of enacting changes we want to see done in our great nation.

This has been done with Marijuana in multiple states already, however cities and local governments do not hold a vote to allow residents to have a say. No, instead they declare the city as being a sanctuary, and depend on mob rule to force those who oppose into silence or to force them out of the city entirely.

If we want to make it easier for people to attain visas and green cards, let's have that discussion and vote on it. if we want to make the US open borders, let's have a discussion and vote on it. but to simply say "to hell with you" and violate the law of the land without the say so from the citizens of state and local municipalities is mob rule at best and a violation of the oathes of offices taken by those we elect into those offices.

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