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Definition
| A defendants defense to a claim that may include assumption of risk, duress, statute of limitations or failure of contract |
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Definition
| Language in an agreement designed to make the participant waive or appear to waive any legal rights or that appears to release the program/provider from liability for negligence |
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Definition
| Language that attempts to require a participant to reimburse the provider should another party bring a claim |
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Definition
| The provider takes the "place of the parent" |
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Definition
| Damages may be sought by a spouse whose husband or wife has been hurt or killed by another |
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Term
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Definition
| "Let the master answer" for the acts of an employee acting within their scope of employment |
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Term
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Definition
| Refers to the percentage by which awards may be reduced based upon the risk assumed by the participant |
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Term
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Definition
| Allows a court to determine the defendants fault/negligence and the plaintiffs contributory fault/negligence |
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Definition
| A wrong doing against a person who suffers damages |
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| Assault, fraud, slander, misrepresentation |
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Definition
| Wrong doings based on negligence |
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Term
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Definition
| Action taken by a party disappointed with the lower courts ruling seeking a higher courts review |
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Term
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Definition
| The higher courts treatment of a lower courts ruling to allow that lower court ruling to stand |
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Term
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Definition
| The law that applies to private wrong doings violations result in an award of money A defendant may be sued but not incarcerated |
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Term
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Definition
| The law that applies to public wrongs this law is defined by federal or state statutes Violations result in incarceration or payment of a fine |
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Term
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Definition
| The party who is sued for wrong doing |
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Term
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Definition
| The party who brings the lawsuit |
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Term
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Definition
| To end a lawsuit sometimes reserving the right to bring it again |
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Term
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Definition
| Risks integral to a recreational activity that cannot be eliminated without destroying the unique character of the activity. Moguls whitewater falling rocks weather |
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Term
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Definition
| Describes the limits of the power of a court to deal with a controversy or the geographic boundaries of a court |
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Term
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Definition
| A negotiated resolution of a lawsuit usually before the trial |
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Term
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Definition
| A written US law passed by legislature |
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Term
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Definition
| 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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Term
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Definition
| Failure to exercise reasonable care |
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Term
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Definition
| The doing of an act with the absence of even slight diligence |
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Term
| Willful and Wanton Misconduct |
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Definition
| Conduct in which a defendant exhibits a conscious disregard for the safety of others can involve a an element of intent |
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Term
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Definition
| An unplanned, potentially dangerous occurrence resulting in injury illness property loss or near miss |
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Term
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Definition
| An incident that did not result in injury illness or damage but had the potential to |
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Term
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Definition
| A term applied to the individual or combined assessments of the probability of loss and potential amount of loss |
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Term
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Definition
| An agreement with a participant wherein the participant acknowledges awareness of certain risks inherent in the activity |
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Term
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Definition
| The systematic application of management policies standards and procedures to identify analyze assess treat and monitor risk |
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Term
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Definition
| An obligation to act toward others and the public with a degree of watchfulness and prudence that a reasonable person in similar circumstances would have |
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Term
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Definition
| Established rules and generally accepted operating procedures practices and requirements defined by national associations and leading outdoor organizations |
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Term
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Definition
| Binding overarching safety directives designed to influence and determine safety related decisions |
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Term
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Definition
| The control of recognized hazards to attain an acceptable level of risk |
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