Shared Flashcard Set

Details

ELPS COMPS School District Liability
torts involving school district neglect
18
Law
Graduate
05/26/2013

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Cards

Term
tort
Definition
civil or private wrong (recoverable)
Term
Intentional
Definition
assault, battery, defamation
Term
negligence - four pronged test
Definition
duty of care, standard of care, action by reasonable person, proof of injury
Term
proximate cause
Definition
relationship between defendent's action and resulting injury
Term
liability protection
Definition
teachers have protection within the scope of duties
Term
adequate supervision
Definition
court decides liability relative to enough supervisors
Term
defenses to negligence
Definition
assumption of risk
comparative negligence
contributory negligence
Term
assumption of risk
Definition
injured party knew of possible danger; voluntarily accepted possibility of harm
Term
comparative negligence
Definition
injury was fault of several persons
Term
contributory negligence
Definition
injured party contributed to his/her injury
Term
supervision off campus school sponsored activities
Definition
same four pronged test: duty of care, standard of care, proximate cause, injury
Term
Wood v Strickland
Definition
School board members' immunity from responsibility
Term
Carey v Piphus
Definition
Nominal money award for damage
Term
Peter W v San Francisco
Definition
Educational malpractice case; complainant's position not upheld; awarded diploma but has no basic skills
Term
Parent liability
Definition
parents are liable for tortuous activity of their childrei
Term
Gebser v Lago Vista
Definition
Teacher on student harassment; district not liable if they had no knowledge
Term
Davis v Monroe county
Definition
student on student harassment; district liable when they had knowledge of the harassment
Term
Requirements of reporting child abuse
Definition
immediate phone call to police or social services
written report within 36 hours
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