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| a tort is a civil wrong for which a court may provide relief in the form of monetary value |
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| private rights of citizens |
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| by the state to protect public from wrongful acts |
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| brought by private citizens to obtain redress for the injured party |
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-liable similar to private
most cases if acted w/in scope of employment covered by district insurance |
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board could be sued
2 girls spiked punch, due process case suspension, tort: not absolute immunity,should have known can't deny student rights |
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| Carey v. Piphus, Briscoe - earring |
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| $1 award, marijuana case 20 days suspension, due process... substantial damages must involve actual injury. Due process absolute right |
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| sexual harassment from teacher to 5th grade girl- school district liable title IX reporting policy- no info about sexual relationship, no deliberate indifference |
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| sex harassment student on student title IX deliberate indifference... so pervasive and severe that it bars access to education |
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Assult: nonphysical fear of bodily harm by person CAPABLE of committing harm
Battery:intentional contact causing bodily injury
Defamation: intentional written/spoken communication false, communicated to 3rd party... liable (written)/slander (spoken) particularly malicious intent
Defamation |
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Term
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Definition
Duty of Care... forseeability
Breach of Duty (Standard of Care) act as reasonable person... avg intell, perception and possessing the physical attributes of the defendant
Proper supervision: factors as age, mental stability, environment and circumstances
Actual Loss or Injury (Proof of damage)
Proximate Cause: injury must have nexus to breach of duty, my fault |
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| Defenses for Negligence for CA- no governmental immunity |
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Definition
no governmental immunity in CA
-contributory negligence- injured party contributes to injury
-comparitive negligence- more than 1 wrong doer
-assumption of risk- voluntarily participated in activity known as inherently dangerous |
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Compensatory -actual losses medical,
Punitive - on top of that... punish defendant
Nominal- limited $ when no actual loss |
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| Peter W. v. San Francisco |
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Definition
Cal ct of appeals: 1976
sued for couldn't read (inadequately educated sue school?) failure to education not an injury
Fit into negligence formula- no way to measure |
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| you can be sued as a teacher |
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| having knowledge but treating w/deliberate indifference |
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| liable school due to deliberate indifference |
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| copyrite -- study 1 question |
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