easyt65
Diamond Member
- Aug 4, 2015
- 90,307
- 61,150
"Is Donald R Trump LIABLE for Educational Malpractice?"
Educational Malpractice
1. "Educational malpractice is a tort cause of action. Essentially, a claim of educational malpractice asserts that educational institutions and their employees breached their duty to educate plaintiffs adequately. Although educational malpractice has been the subject of much scholarly commentary (see, for example, DeMitchell & DeMitchell, 2003), it has been almost universally rejected by the judiciary."
-- Please define 'adequately'. Try to get a jury to all agree on that term.
-- If such a judicial charge could be levied against an education institution then almost every parent with kids in public schools could file this against the federal govt.
2. "Courts have recognized charges of breach of contract against educational institutions when plaintiffs demonstrate that educational institutions failed to carry out specific promises."
- This may be in play; however, can Trump be personally held responsible? I would imagine proof would be required that he had personal knowledge in advance that those running the institution with his name on it was engaged in some 'nefarious' activity. If it is proven after the fact that those persons running the institution simply failed to do their job you would still have a hard time proving Trump knowingly had a hand in it.
To answer your question, though, from all I have read and researched, NO, there is almost no way, without partisan/political motivation behind the effort, to find Trump guilty of 'Educational Malpractice'.
Educational Malpractice
1. "Educational malpractice is a tort cause of action. Essentially, a claim of educational malpractice asserts that educational institutions and their employees breached their duty to educate plaintiffs adequately. Although educational malpractice has been the subject of much scholarly commentary (see, for example, DeMitchell & DeMitchell, 2003), it has been almost universally rejected by the judiciary."
-- Please define 'adequately'. Try to get a jury to all agree on that term.
-- If such a judicial charge could be levied against an education institution then almost every parent with kids in public schools could file this against the federal govt.
2. "Courts have recognized charges of breach of contract against educational institutions when plaintiffs demonstrate that educational institutions failed to carry out specific promises."
- This may be in play; however, can Trump be personally held responsible? I would imagine proof would be required that he had personal knowledge in advance that those running the institution with his name on it was engaged in some 'nefarious' activity. If it is proven after the fact that those persons running the institution simply failed to do their job you would still have a hard time proving Trump knowingly had a hand in it.
To answer your question, though, from all I have read and researched, NO, there is almost no way, without partisan/political motivation behind the effort, to find Trump guilty of 'Educational Malpractice'.