Term
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Definition
| one person sueing another person |
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Term
| school related tort actions |
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Definition
| frequently suits brought by parents on behalf os students claiming that a personal injury was the result of a school emplyee's negligent action rather than an unavoidable sccident |
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Term
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Definition
| a wrongful act (intentional or unintentional)- not including breach of contact-which results in injury to another's person, property, or reputation for which the injured party is entitled to compensation |
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Term
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Definition
| failure to exercise that degree of care that an ordinarily careful and prudent person would exercise under the same or similar circustamses |
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Term
| 4 seperate elements to prove negligence: |
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Definition
1) the duty of care hmust have existed between the plaintiff and the defendant
2) the defendant must have breached that duty
3) plaintiff must have been injured (physically or emotionally)
4) the defendant's breach of duty must have been the proximate cause of plaintiff's injury (without the act or omission , the injury probably would not have occured) |
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Term
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Definition
| failure to take an appropriate action that may have prevented an injury from occuring |
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Term
| Duty of care is weighed against: |
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Definition
1) AGE AND MATURITY OF PLAINTIFF
2) NATURE OF RISK TO WHICH STUDENT WAS EXPOSED
3) EVIDENCE OF PRECAUTIONS TAKEN TO LASSEN RISK OR AVOID INJURY |
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Term
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Definition
| school districts, in attemting to defend themselve and their employees,can argue that the plaintiff (usually a student) knowingly placed himself or herself in a position yielding exposure to risk of injury |
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Term
| what district need to show to defend itself? |
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Definition
1) plaintiff knew or should have known the level of risk
2) plaintiff had sufficient time, knowledge, and experience to choose to avoid risk |
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Term
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Definition
| defendent argies that the plaintiff contributed to his/her own injury |
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Term
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Definition
| automatic protections from lawsuits under the doctrine of "governmental immunity" Nevada waived such rights |
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Term
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Definition
| public school districts must provide legal protections to its employees; the employee must act in a goof faith, promptly notify the school attorney and request legal defense, and cooperate in their defense; damges are limited to a set of maximum, and paid for by the employing district, along with reasonable attorney fees |
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Term
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Definition
| parents can't waive the rights of students of reasonable care; school liability realease form are worth 0 |
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Term
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Definition
| educational malpractice; school can't guarantee success |
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Term
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Definition
| failing: warn players about risks, properly supervising, offer proper instructions, offer proper equipment, give proper 1st aid |
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