Negligence
Liability
Court Cases
Damages
Fault
100
Negligence lawsuits by teachers are rare, because they may be barred by this concept. An example of this is seen in Doe v. Board of Education of Memphis, where a Tennessee state court held that a school district was not liable when a teacher was assaulted.
What is Government (or Sovereign) Immunity?
100
To be responsible, to have responsibility for. Teachers in the classroom have responsibility for their students, this means that they are ___________.
What is liable?
100
Though there is some confusion of what this term means, it generally refers to the party (plaintiff or defendant) that "wins" the lawsuit. Generally, the party that "wins" are entitled to attorneys' fees if they achieve success on any part of the case, such as in Texas State Teachers Association v. Garland ISD. In lawsuits where the party "wins" but does not see a relationship change between it and the other party, this party is generally awarded only nominal damages.
What is prevailing party?
100
Awarded when injured persons are compensated for their actual losses, including medical expenses, lost salary, and other provable costs incurred as a result of the defendant's negligence.
What are compensatory damages?
100
In contrast to the contributory negligence statutes in four states, many states have adopted this, which decides damages based on the fault of each party. An example of this was seen in Rollins v. Concordia Parish School Board.
What is comparative fault?
200
This is a concept that deals with hiring employees that are known to be unfit and who put others at unreasonable risk or harm. As seen in Willoghby v. Lehrbass, some courts have found that school districts are immune from this, while others have found that schools can be liable when it can be shown that the employee was predisposed to commit a wrong that was foreseeable.
What is Negligent Hiring?
200
In Eisel v. Board of Education of Montgomery County, this concept was a prevailing factor in granting judgement towards the plaintiff.
What is duty of care?
200
Questions in which the party thinks that it was acting reasonably, though it may not be viewed that way by an outside party. A 1982 Supreme Court case, Harlow v. Fitzgerald, held that the actions of officials are determined to be this, based on an objective standard.
What is good faith standard?
200
These are awarded where defendants have shown malice, fraud, or a reckless disregard for an injured person's safety or Constitutional rights. Generally, the purpose of this award is to punish the defendants for their wrongful actions and to deter similar actions in the future.
What are punitive damages?
200
In what 1988 California case did a court find a school district liable when a student member of the school wrestling team was assaulted by a non-student in an unsupervised restroom at the school?
What is Leger v. Stockton Unified School District?
300
Though students rarely prevail in lawsuits dealing with this type of malpractice, they have prevailed in several cases, such as B.M. v State of Montana. This belief suggests that schools should be held liable for negligent teaching that injures a student intellectually or psychologically, such as with physicians or attorneys.
What is educational malpractice?
300
Seen in Gibbons v. Orleans Parish School Board, this concept recognizes the degree of care a teacher of ordinary prudence would have used under like circumstances. The considered circumstances would include the maturity and experience of the students, as well as the extent of danger involved.
What is reasonable care?
300
In the 1999 case, Davis v. Monroe County Board of Education, the Supreme Court found that a private right of action existed under this Federal statute against school board members.
What is Title IX?
300
Seen in the case Spears v. Jefferson Parish School Board, where a teacher traumatized several youngsters with a "mock hanging", this is a type of psychological damage. Personal humiliation may also apply in this case.
What is Mental Anguish and Suffering?
300
In a case of educational malpractice not being found, what 1976 California case came about because a high school graduate (who could only read at a fifth grade level) sued the school district for "failing" to provide him with adequate instruction in basic skills?
What is Peter W v. San Francisco Unified School District?
400
An activity that is done with a purpose, usually when trying to reach a goal.
What is willful conduct?
400
What case, from the State of New York, dealt with teacher liability when a student injures another student? This case also dealt with the question of "foreseeability".
What is Wilson v. Vestal Central School District?
400
In DeShaney v. Winnebago County Department of Social Services, the US Supreme Court established that this type of liability may be imposed upon the state for the actions of third parties who deprive individuals of life, liberty, or property only when the state has a special relationship with that individual.
What is Section 1983?
400
A form of psychological damage where adverse actions ruin a person's reputation.
What is impairment of reputation?
400
What act keeps teachers immune from liability that is acting within the scope of the teacher's employment or responsibilities to a school? A 2009 Nevada Supreme Court case, Webb v. Clark County School District, found that a teacher would not be protected if their physical contact with a student was excessive or unreasonable under this Act.
What is the Paul D. Coverdell Act?
500
This is a concept that adheres as law in four states (Alabama, Maryland, North Carolina, and Virginia) and considers a student to be guilty of this when they "contribute" to their own injuries.
What is contributory negligence?
500
The main cause of an injury; or an event that leads to an injury.
What is proximate cause?
500
In this 2004 decision, the court ruled that the child in the case was sufficiently aware of the risks of the game as to be charged with assuming the risk.
What is Kelly v. McCarick?
500
A small, symbolic award where the plaintiff has been wronged but hasn't been able to show actual damages. Generally, the amount awarded is one or two dollars. A famous case illustrating this idea was Perez v. Rodriguez Bou, dealing with several Puerto Rican college students sued after they were unlawfully suspended for twelve days.
What are nominal damages?
500
Though they're often handed out like candy by schools, what are generally unsuccessful in preventing lawsuits? Examples of the failure of these include Wagenblast v. Odessa School District, which ruled that a school district could not require parents to sign forms absolving the school of liability for its negligence in sports accidents.
What are waivers?
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