Term
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Definition
| A defendant's 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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Term
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Definition
| Language that attempts to require a participant to reimburse the provider should another parIty bring a claim. |
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Term
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Definition
| The provider takes the "place of the parent". |
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Term
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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 defendant's fault/negligence and the plaintiff's contributory fault/negligence. |
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Term
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Definition
| A wrong doing against a person who suffers damages. |
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Term
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Definition
| Assault, fraud, slander, misrepresentation. |
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Term
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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 court's ruling, seeking a higher courts review. |
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Term
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Definition
| The higher courts treatment of a lower court's 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 wrongs. 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 el.m.nated 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 U.S. 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
| WILFUL AND WANTON MISCONDUCT |
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Definition
| Conduct in which a defendant exhibits a conscious disregard for the safety of others. Can involve an element of intent. |
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Term
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Definition
| An unplanned, potentially dangerous occurrence resulting in injury, 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 the 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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