Pep 450P

Front 1

Assumption of risk

Back 1

When individuals voluntarily subject themselves to a known and appreciated danger

Front 2

Primary assumption of risk

Back 2

Individual has voluntarily participated in an activity that involve inherent risks.

Front 3

Secondary assumption of risk

Back 3

Voluntary choice or conduct of the participant to encounter a known or obvious risk created by the negligent conduct of the service provider

Front 4

Pure Comparative

Back 4

Allows the plaintiff to sue regardless of the level if his own contribution to the injury or damage. Unless the plaintiff is 100% at fault.

Front 5

49% rule

Back 5

Bars recovery unless the plaintiffs negligence is less than that of the defendant

Front 6

Contributory

Back 6

The plaintiff has the duty of care as well as the defendant

Front 7

Last clear chance doctrine

Back 7

Last chance to avoid accident

Front 8

Act of God

Back 8

Extreme weather causing unfortunate circumstances

Front 9

Failure of proof

Back 9

The plaintiff has the burden of proving each of the four elements; failure will result in dismissal

Front 10

Notice of claim

Back 10

An injured party is required to file a notice of claim within a certain time period, usually 30-120 days. This allows the possible defendant to conduct own investigation as to validity of claim within a reasonable time period.

Front 11

Notice of claim requirements

Back 11

Date, time, location, type of injury/damage, witness, how occured, estimated cost

Front 12

Waiver invalidity

Back 12

Signed by minors; signed on behalf of minors; not specific; contrary to public policy

Front 13

Common law

Back 13

Contributory; last clear chance doctrine; act of God; immunity

Front 14

Contract law

Back 14

Waivers; releases; agreements; contacts; exculpatory

Front 15

Statutory law

Back 15

Comparative; immunity; volunteer protection act; good Samaritan act; notice of claim; statute of limitations

Front 16

Exculpatory

Back 16

Tending or serving to exculpate

Front 17

Exculpate

Back 17

Implies a clearing from blame or fault; forgives in advance

Front 18

Exculpatory agreement

Back 18

An agreement signed before participation which exonerates the provider from possible blame

Front 19

In-parentis-loco

Back 19

The individual or agency which is providing for a child stands in the place of a parent and is shared with a parent's rights, duties,&responsibilities;must act as a reasonable prudent person

Front 20

Waiver

Back 20

Signing away your right to sue

Front 21

Agreement to participate

Back 21

Signing that you understand the dangers of the activity

Front 22

Special relationship

Back 22

Inherent in the situation between plaintiff and defendant; supervisor must exercise reasonable care for the protection of participants under their supervision

Front 23

Voluntary assumption

Back 23

If the decision to provide supervision voluntarily it must be non-negligent;if there is no duty to act but individual voluntarily acts, then they may be liable if they act negligently

Front 24

Mandated by law

Back 24

Statutory duty

Front 25

Appropriateness of supervision

Back 25

Age; disabilities; level of risk; skill level

Front 26

Quality of supervision

Back 26

Qualifications;training; mismatching; supervisor participation; number of supervisors

Front 27

Volunteer protection act

Back 27

1997-the law only applies to uncompensated volunteers who help non-profits and governmental entities. It is a qualified immunity but still liable for gross or willful criminal misconduct

Front 28

Good Samaritan act

Back 28

Providing aid in good faith without gross negligence. Exceptions-employed for that purpose; does so with a view to gain

Front 29

Duty to supervise

Back 29

Facility for safety; proper equipment; proper instruction; warning of intent dangers of activities; monitoring activity, facility use,& behavior; communicating/enforcing rules; matching for equal competition (mismatching); rendering first aid & medical treatment.

Front 30

Amendment I

Back 30

Right if free speech and religion; right to assemble & petition

Front 31

Public accommodations

Back 31

Most businesses that are open to the general public

Front 32

Amendment IV

Back 32

No unreasonable search and seizure

Front 33

Amendment V

Back 33

Protects right to life, liberty, and to own property

Front 34

Amendment X

Back 34

Gives all police powers to the state and local government not specifically retained by federal laws ; exception- national parks

Front 35

Amendment 14

Back 35

No state shall deprive any person of life, liberty, or property without due process of law; nor deny yo any person within its jurisdiction the equal protection of laws

Front 36

Eminent Domain

Back 36

Government taking property

Front 37

Exceptions to equal rights

Back 37

Private clubs, religious organizations,security clearance concerns , veterans preference

Front 38

Equal pay act

Back 38

Employers cannot discriminate between employees doing the same work based on gender

Front 39

Provisions of equal pay act

Back 39

Enforced by public court and private suits; back wages awarded; can pay compensatory and punitive damages; suits must filed by two-three years; attorney fees; no retaliation for suits brought against an employer.

Front 40

Categories of legal management

Back 40

age, alienage, association, gender, pregnancy, physical/mental disabilities, race, religion, residency, speech

Front 41

Strict scrutiny

Back 41

Standard of review of law to protect against discrimination

Front 42

Rational basis

Back 42

Review of law when considering constitutional questions including due process, equal rights, 5th amendment & 14th amendment

Front 43

Remedies for courts to settle employment discrimination

Back 43

Monetary relief, attorney fees, injunctive relief, remedial seniority, affirmative action

Front 44

Injunctive relief

Back 44

Court directed hiring or reinstatement

Front 45

Defenses to civil rights act

Back 45

Bona fide occupational qualifications; seniority; good faith reliance; undue hardship; religious practice; title VII; others- veterans preference, security clearances, communists.

Front 46

Bona fide occupational qualifications

Back 46

employment qualifications that employers are allowed to consider while making decisions about hiring and retention of employees. The qualification should relate to an essential job duty and is considered necessary for operation of the particular business.

Front 47

Seniority

Back 47

An organization can pay someone more than another kid they have worked there for a longer period of time

Front 48

Good faith reliance

Back 48

If an organization has a plan to meet integration standards and have an absence of malice and design to defraud

Front 49

Undue hardship

Back 49

If meeting civil rights act does more damage than good for a community or people in general the organization can defend their actions

Front 50

Religious practice

Back 50

Guarantee of freedom of religion, religious organizations can defend their actions

Front 51

To file VII

Back 51

Deals with discrimination in the employment relationship and covers organizations with 15 or more employees

Front 52

Title VII

Back 52

is a federal law that prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion. It generally applies to employers with 15 or more employees, including federal, state, and local governments.

Front 53

Other statutory defenses

Back 53

Veterans preference, security clearances, communists