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