ok so a teacher at my school its taking out hings when we accidently leave them in the classroom and i was looking for some kind of rule or law that i can show her any ideas?
2006-11-20 06:58:00 · 7 answers · asked by amy h 1 in Politics & Government ➔ Law & Ethics
If a teacher confiscates something off you they must return it, otherwise it is classed as stealing. The only circumstances where they would not have to give it back is if it was illegal for you to have/use the item e.g. cigarettes, drugs, weapons etc. The teacher does not have to return it directly to you, they can ask you parents to come in and collect it for you.
2006-11-20 07:07:35 · answer #1 · answered by Anonymous · 0⤊ 0⤋
You can show her the requirements for the torts of "Tresspass to Chattels" or "Conversion".
A tort is a wrong against another person which allows the injured person to get a remedy in court (sue them).
Tresspass to Chattles is intentionally dispossessing another of the chattel (thing you own), or using or intermeddling with a chattel in the possession of another.
This would fall under the dispossessing part. If you are dispossessed of your property and this property is that which the teacher does not have title to, then your teacher has committed a tresspass to chattels. This is for even a temporary use. If you are riding your bike and you park it, and then someone takes it for a spin around the parking lot for a minute before giving it back to you, this is a tresspass to your chattel. (pronounced CHAT el)
Even if possession of the item is against school policy, such as taking a million dollar valued civil war pistol to school. They must still return the item to you and can not retain it indefinitely.
If the teacher takes the item and never gives it back, it is the tort of conversion.
Conversion is the complete dispossession of a chattel (thing you own) or substantial interference that substantially alters or hinders the use of the person who holds title (the wikipedia article isn't completely correct, so I will have to change it later).
If you leave your gold necklace, gameboy, ipod, laptop or whatever in class and your teacher takes it and does not give it back when you ask for it, your parents are entitled to bring a civil action in court against that teacher for the value of the item plus punitive damages (money that you get as a punishment for the teacher's wrongful act). As soon as you are 18, you can bring suit yourself, which is why high school teachers should be more careful of what they do.
Of course this is all drastic stuff, but you can point this out to your teacher. Demand respect and you will get it!
2006-11-20 07:32:18 · answer #2 · answered by Discipulo legis, quis cogitat? 6 · 0⤊ 0⤋
It's not complicated. If the teacher takes them home it's theft. If the teacher is removing them from class and handing them to lost property then they are stopping them from being stolen. If you are using things like mobile phones in class you are bang out of order and these can be confiscated but must be returned to you at the end of the day. Plus any detention you may have to serve etc.
2006-11-23 11:03:39 · answer #3 · answered by phil m 1 · 0⤊ 0⤋
If you are misbehaving and a certain item is involved, they can take it. If you have an item that is not allowed on school grounds, they can take it. If you leave an item behind in a classroom, it has been abandoned and you have to prove that the teacher actually took the item. Even still, if you cared about something that much, you wouldn't leave it behind.
2006-11-20 07:08:43 · answer #4 · answered by Goose&Tonic 6 · 0⤊ 0⤋
That depends on what it is, and what the school rules say. As a student, you must abide by the reasonable rules of the school. They may include confiscation of cell phones in class for example.
However, while the school may deny you use of your property during school hours, they must return them at some point.
2006-11-20 07:06:45 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Yes, she can so long as there is no intent to keep them permanently or dispose of them.
You are being taught a lesson - don't leave your stuff behind, take care of it, don't expect people to clear up after you etc.
So stop trying to be difficult, go and see her , apologise for leaving your stuff behind and ask when you might have it back.
And then say sorry again, and thank you when she gives it to you!
2006-11-23 10:18:38 · answer #6 · answered by Hilary Y 3 · 0⤊ 0⤋
i think of that a instructor has each precise to take your private abode in case you be attentive to which you're actually not meant to have it interior the lecture room or it extremely is going to become a distraction to the preparation ecosystem. in case you carry food into the lecture room and you're actually not meant to have it, what do you assume the instructor to do? pupils have left candy wrappers below their desks, twinky wrappers on the floor and and so on in my college room. once you depart in ninety minutes the instructor as to bathe all of that up. additionally units inclusive of C.D. gamers, I pods, cellular telephones could the two be shrink off or positioned away. (previous being a distraction interior the lecture room it extremely is an indication of BLATANT DISRESPECT) I as a instructor confiscate those products until you %. it up on the top of the day. in case you're a repeat criminal then your mothers and dads will ought to %. it up. this delivers me an oportunity to have a convention.
2016-11-25 21:30:18 · answer #7 · answered by ? 4 · 0⤊ 0⤋