• Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key

image

Play button

image

Play button

image

Progress

1/13

Click to flip

13 Cards in this Set

  • Front
  • Back
Definition of TORT:

Intentional Torts – assault, battery and intentional infliction of emotional distress

Unintentional Torts – negligence and recklessness, where one person’s carelessness injures another. A tortfeasor will have an obligation if he had a duty to the plaintiff, or failed to be reasonably careful.
Definition of TORT:

Intentional Torts – assault, battery and intentional infliction of emotional distress

Unintentional Torts – negligence and recklessness, where one person’s carelessness injures another. A tortfeasor will have an obligation if he had a duty to the plaintiff, or failed to be reasonably careful.
Elements of Negligence:

1.) Duty of care must have existed between the plaintiff & defendant.

2.) Defendant breached that duty.

3.) Plaintiff injured (phys/emotional)

4.) Defendant's breach is proximate cause of plaintiff's injury.
Elements of Negligence:

1.) Duty of care must have existed between the plaintiff & defendant.

2.) Defendant breached that duty.

3.) Plaintiff injured (phys/emotional)

4.) Defendant's breach is proximate cause of plaintiff's injury.
Duty of Care is Weighed Against:

1.) Age & maturity of plaintiff.

2.) Nature of risk.

3.) Evidence of precautions.
Duty of Care is Weighed Against:

1.) Age & maturity of plaintiff.

2.) Nature of risk.

3.) Evidence of precautions.
Assumption of Risk by Student:

* Burden on defense to prove.

1.) Plaintiff knew level of risk.

2.) Plaintiff did not choose to avoid risk.
Assumption of Risk by Student:

* Burden on defense to prove.

1.) Plaintiff knew level of risk.

2.) Plaintiff did not choose to avoid risk.
Contributory Negligence

* Plaintiff contributed to his/her injury and thus not entitled to an award of damages.
Contributory Negligence

* Plaintiff contributed to his/her injury and thus not entitled to an award of damages.
Immunity:

* Known as "Governmental Immunity"

* Originally called "sovereign immunity"
Immunity:

* Known as "Governmental Immunity"

* Originally called "sovereign immunity"
Molitor v. Kaneland 1959

* Liability follows negligence & individuals & corps are responsible for negligence of their agents & employees acting in the course of their employment.
Molitor v. Kaneland 1959

* Liability follows negligence & individuals & corps are responsible for negligence of their agents & employees acting in the course of their employment.
NV Immunity Waiver:

* Requires school districts to provide legal protection to its employees.

1.) Ee must act in faith
2.) Promptly notify school attorney & request legal defense.
3.) Cooperate in their defense.
NV Immunity Waiver:

* Requires school districts to provide legal protection to its employees.

1.) Ee must act in faith
2.) Promptly notify school attorney & request legal defense.
3.) Cooperate in their defense.
School Liability Release Forms:

* Commonly ruled to be invalid.
School Liability Release Forms:

* Commonly ruled to be invalid.
Wagenblast v. Odessa SD 1988

* In this case, agreement was found invalid b/c party was engaged in a service that is a matter of necessity – this was not a marginal activity - kids feel forced to participate in interscholastic sports to get into good colleges, feel included, etc.
Wagenblast v. Odessa SD 1988

* In this case, agreement was found invalid b/c party was engaged in a service that is a matter of necessity – this was not a marginal activity - kids feel forced to participate in interscholastic sports to get into good colleges, feel included, etc.
Peter W.: Educational Malpractice

* Claimed that educators failed to act reasonably
in administering to his educational needs.

* Claim was denied.
Peter W.: Educational Malpractice

* Claimed that educators failed to act reasonably
in administering to his educational needs.
Liability in Athletics:

* To lessen risk or injury a brochure entitled "A 2 Point Defensive Plan for Lawsuit- Conscious Coaches" was adapted.
Liability in Athletics:

* To lessen risk or injury a brochure entitled "A 2 Point Defensive Plan for Lawsuit- Conscious Coaches" was adapted.
Bullying & Cyber-Bullying

* Repeated exposure (over time) to negative actions of other students.

* Principal shall do the following:
1.) Establish school safety team.
2.) Conduct investigations
3.) Collaborate with board of trustees & school safety team.
Bullying & Cyber-Bullying

* Repeated exposure (over time) to negative actions of other students.

* Principal shall do the following:
1.) Establish school safety team.
2.) Conduct investigations
3.) Collaborate with board of trustees & school safety team.