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13 Cards in this Set
- Front
- Back
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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. |
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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. |
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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. |
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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. |
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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. |
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Immunity:
* Known as "Governmental Immunity" * Originally called "sovereign immunity" |
Immunity:
* Known as "Governmental Immunity" * Originally called "sovereign immunity" |
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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. |
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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. |
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School Liability Release Forms:
* Commonly ruled to be invalid. |
School Liability Release Forms:
* Commonly ruled to be invalid. |
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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. |
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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. |
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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. |
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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. |
