Term
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Definition
| a wrongful act (intentional or unintentional) which results in injury to another's person, property or reputation |
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Term
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Definition
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Term
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Definition
| a failure to exercise that degree of care that an ordinarilty carfeul and prudent person woudl exercise under the same or similar circumstances. |
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Term
| to claim negligence -- four elements needed |
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Definition
1 - duty of care must have existed bwteen plaintiff and defendent
2 -- defendent must have breached that duty
3 -- plaintiff must have been physically or emotionally injured
4 -- defendent's breach of duty must have been the proximate cause of plaintiff's injury |
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Definition
| teachers have a duty of care while "on duty" courts have ruled |
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Term
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Definition
1 -- assuption of risk -- agrues student placed self in position of exposure to dange
2 -- contributory negligence -- argues student contributed to own injury -- did something teacher specifically told them not to do
3 --immunity -- not automatic anymore -- NV has waived rights |
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Term
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Definition
-- NV waived immunity rights
-- public school districts must provide legal protection to employees
-- employee must (1) act in good faith, (2) promptly notify school attorney and request defense (3) cooperate in defense
-- damages limited by law, attorney fees covered |
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Term
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Definition
school liability release forms --
WA Supreme Court ruled..
1 - parents can't waive rights of students to reasonable care
2 - schools enjoy unfair bargaining rights
3 - as contracts, waivers are null and void
4 - waivers not viable as proof of assumption of risk unless all possible injuries are listed |
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Term
| Peter W v San Francisco SD |
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Definition
| Educational Malpractice -- family sued b/c Peter lost post high school job for failure to do simple math. Court ruled in favor of school b/c of so many factors possibly affecting achievement |
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Term
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Definition
coaches are usually sued for failing to
1 - warn players of injury risk
2 - properly supervise players
3 - offer proper instruction
4 - properly condition a player
5 - offer proper equipment or facilities
6 - give proper first aid or emergency care |
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Term
| bullying and cyber-bullying reporting |
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Definition
| teachers are required to verbally report all bullying, cyberbullying, harassement, and intimidation to admin |
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