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53 Cards in this Set
- Front
- Back
Assumption of risk |
When individuals voluntarily subject themselves to a known and appreciated danger |
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Primary assumption of risk |
Individual has voluntarily participated in an activity that involve inherent risks. |
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Secondary assumption of risk |
Voluntary choice or conduct of the participant to encounter a known or obvious risk created by the negligent conduct of the service provider |
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Pure Comparative |
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. |
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49% rule |
Bars recovery unless the plaintiffs negligence is less than that of the defendant |
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Contributory |
The plaintiff has the duty of care as well as the defendant |
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Last clear chance doctrine |
Last chance to avoid accident |
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Act of God |
Extreme weather causing unfortunate circumstances |
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Failure of proof |
The plaintiff has the burden of proving each of the four elements; failure will result in dismissal |
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Notice of claim |
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. |
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Notice of claim requirements |
Date, time, location, type of injury/damage, witness, how occured, estimated cost |
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Waiver invalidity |
Signed by minors; signed on behalf of minors; not specific; contrary to public policy |
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Common law |
Contributory; last clear chance doctrine; act of God; immunity |
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Contract law |
Waivers; releases; agreements; contacts; exculpatory |
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Statutory law |
Comparative; immunity; volunteer protection act; good Samaritan act; notice of claim; statute of limitations |
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Exculpatory |
Tending or serving to exculpate |
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Exculpate |
Implies a clearing from blame or fault; forgives in advance |
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Exculpatory agreement |
An agreement signed before participation which exonerates the provider from possible blame |
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In-parentis-loco |
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 |
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Waiver |
Signing away your right to sue |
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Agreement to participate |
Signing that you understand the dangers of the activity |
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Special relationship |
Inherent in the situation between plaintiff and defendant; supervisor must exercise reasonable care for the protection of participants under their supervision |
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Voluntary assumption |
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 |
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Mandated by law |
Statutory duty |
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Appropriateness of supervision |
Age; disabilities; level of risk; skill level |
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Quality of supervision |
Qualifications;training; mismatching; supervisor participation; number of supervisors |
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Volunteer protection act |
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 |
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Good Samaritan act |
Providing aid in good faith without gross negligence. Exceptions-employed for that purpose; does so with a view to gain |
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Duty to supervise |
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. |
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Amendment I |
Right if free speech and religion; right to assemble & petition |
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Public accommodations |
Most businesses that are open to the general public |
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Amendment IV |
No unreasonable search and seizure |
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Amendment V |
Protects right to life, liberty, and to own property |
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Amendment X |
Gives all police powers to the state and local government not specifically retained by federal laws ; exception- national parks |
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Amendment 14 |
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 |
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Eminent Domain |
Government taking property |
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Exceptions to equal rights |
Private clubs, religious organizations,security clearance concerns , veterans preference |
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Equal pay act |
Employers cannot discriminate between employees doing the same work based on gender |
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Provisions of equal pay act |
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. |
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Categories of legal management |
age, alienage, association, gender, pregnancy, physical/mental disabilities, race, religion, residency, speech |
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Strict scrutiny |
Standard of review of law to protect against discrimination |
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Rational basis |
Review of law when considering constitutional questions including due process, equal rights, 5th amendment & 14th amendment |
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Remedies for courts to settle employment discrimination |
Monetary relief, attorney fees, injunctive relief, remedial seniority, affirmative action |
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Injunctive relief |
Court directed hiring or reinstatement |
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Defenses to civil rights act |
Bona fide occupational qualifications; seniority; good faith reliance; undue hardship; religious practice; title VII; others- veterans preference, security clearances, communists. |
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Bona fide occupational qualifications |
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. |
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Seniority |
An organization can pay someone more than another kid they have worked there for a longer period of time |
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Good faith reliance |
If an organization has a plan to meet integration standards and have an absence of malice and design to defraud |
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Undue hardship |
If meeting civil rights act does more damage than good for a community or people in general the organization can defend their actions |
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Religious practice |
Guarantee of freedom of religion, religious organizations can defend their actions |
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To file VII |
Deals with discrimination in the employment relationship and covers organizations with 15 or more employees |
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Title VII |
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. |
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Other statutory defenses |
Veterans preference, security clearances, communists |