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33 Cards in this Set

  • Front
  • Back
affirmative defense
A defendant's defense to a claim or charge made in a plaintiff's complaint.
exculpatory language
Language included in an agreement that attempts to avoid or shift liability away from the provider or program to the participant.
indemnity language
Any language included in an agreement attempting to require a participant to reimburse the provider should another party bring a claim
in loco parentis
in place of a parent
laws of consortium
the conjugal fellowship of spouses including companionship material services
respondeat superior
let the master answer
contributory negligence
the percentage by which awards may be reduced
tort
a wrong doing against a person who suffers damages
intentional tort
assault fraud slander misrepresentation
unintentional tort
wrong doings based upon negligence
civil law
a law that applies to private wrongs, generally torts.
comparative fault
allows a court to apportion the defendant's fault when deciding the case.
criminal law
the law that applies to public wrongs. defined by federal or state statutes.
defendant
the party who is sued or charged with a crime
plaintiff
the party bring the lawsuit
dismiss
to end the lawsuit, sometimes reserving the plaintiff's right to bring it again.
inherent risks
risks integral to a recreational activity that cannot be eliminated without destroying the unique character of the activity
jurisdiction
describes the limits of the power of a court to deal with a controversy or after
settlement
a negotiated resolution of a lawsuit usually before a trial sometimes after
statute
a written us of state law passed by appropriate legislature as opposed to common law which is developed through court decisions
summary judgment
a ruling of a court disposing of a case without trial if the material facts are not disputed and the law clearly favors the party seeking summary judgement
negligence
failure to exercise reasonable care
gross negligence
a considerably higher degree of negligence than ordinary negligence. absence of even slight diligence
willful and wanton misconduct
conduct greater than ordinary negligence and in some jurisdictions greater than gross negligence. sometimes includes an element of intent.
Inapporpriate attribution
the tendancy people have to take credit for good happenings and to place blame when things go bad.
Relaxed Concentration
dropping ones guard due to fatigue
smelling the barn
rushing to get to a known site at the end of a trip
risky shift
groups tend to make riskier decisions than individuals
appeal
an action taken by a party disappointed with a lower court's ruling, seeking a higher courts review of that ruling
affirm or approve
in the context of an upper court's treatment of a lower court's ruling- to allow that ruling to stand
falling objects
i area security
weather
equip/weather
swift/cold water
animals plants
p and p profile
7 potentially unsafe conditions
i protection
i instruction
i supervision
speed
i food drink
poor position
i procedure
7 potentially unsafe acts
desire to please others
trying to ahere to a schedule
misperception
new situation
fatigue
distraction
miscommunication
disregarding instincts
8 errors in judgement