In the following situations, point out all factual similarities, differences, an

Question

In the following situations, point out all factual similarities, differences, and gaps between the client facts and the facts of the opinion. Do not analyze the law of negligence in (a) or the law of neglect in (b). Focus solely on factual similarities differences and gaps.

(b) Client Facts: Helen is the mother of David, age four, The state is trying to take David away from Helen on the ground that Helen neglected David. Helen lives alone with David. She works part-time and leaves David with a neighbor. Helens job occasionally requires her to travel. Once she was away for a month During this period, David was sometimes left alone because the neighbor had to spend several days at the hospital. When David was discovered alone, the state began proceedings to remove David from Helen on the ground of neglect.

      Opinion: The state charged Bob Thompson with the neglect of his twins, aged ten. The state wishes to place the twins in a foster home. Bob is partially blind. One day he accidentally tripped and fell on one of the twins causing severe injuries to the child. Bob lives alone with the twins but refuses to hire anyone to help him run the home. The court ruled that Bob did not neglect his children.

Explanation / Answer

Client's Facts:

C1. Helen is mother of David.

C2. David's age is four years.

C3. Helen lives alone with David.

C4. Helen works part-time.

C5. Helen leaves David with neighbour.

C6. Helen's job occasionally requires her to travel.

C7. Once she was away for a month.

C8. David was at times alone.

C9. When David was discovered alone, the state began proceedings to remove David from Helen on the ground of neglect.

Opinion's Facts:

O1. Bob Thompson has twins, aged ten.

O2. Bob is partially blind.

O3. One day he accidentally tripped and fell on one of the twins causing severe injuries to the child.

O4. Bob lives alone with the twins.

O5. Bob refuses to hire anyone to help him run the home.

O6. The court ruled that Bob did not neglect his children.

Similarity is about the fact that parent and child live alone.

Differences are very many, firstly about the number and age of the children, secondly the state of physical health of parent (Bob partially blind), thirdly Bob accidently causing severe injuries to child whereas no such thing on the part of Helen. Information gaps about working or no working about Bob, how often Bob required to leave child or children alone and or with the neighbour or with third person. How good are neighbours in taking care of child? David was discovered alone nothing is mentioned about twins being alone.

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