Educational Court Cases 1
A fourteen year female student decided to skip class and go to her nineteen year old boyfriends house. Parents wanted to press charges against school district they acted negiglently in the care of their daughter under proximate cause. The school district was not held liable because the student skipped the scheduled classes and was off school grounds.
What is Mitchell V Cedar Rapids community school district
What is Johnson Johnson V School District of Millard (1998)
The degree of care a teacher of ordinary prudence would have used under circumstances
What is reasonable care
if the principal was exercising discretion in implementing a governmental policy an act that should not be second guessed by the courts
What is governmental immunity
1. negligent teachings that injures a student intellectually or psychologically
2. an act that was done that caused not physical damage but psychological pain
1. What is Malpractice
2. What is Mental Anguish and suffering
Case where a student was hit in the head by a golf club when playing in gym class. The teacher didn't have the students at a proper distant when beginning the activity. The student had missed the class before when the rules and safety regulations were explained. Proximate cause was used in this case to prove the teacher acted negligently in their supervision of the student. The teacher didn't properly give the student the correct instructions to avoid the injury.
What is Brahatrek V Millard School District (1979)
A student injured in a wrestling match during a gym class. The student had previously dropped his no contact sport and picked up the gym class knowingly the class was going to use physical activity. School can't be held liable for a student participating in a sponsored activity.
What is Evans V Oaks Mission Public School
applied in a Maryland case to hold two high school counselors liable for failing to attempt to prevent a student suicide.
What is duty of care
compensate injured persons for their actual losses, including their medical expenses, lost of salary, and other provable costs incurred as a result of the defendant's negligence.
What is Compensatory Damages
1.The party that won the case are entitled to to attorney's fees if they achieved success on any significant issue in the case. This is the party that won the case at hand.
2. A program in place that doesn't allow any governmental agencies or subdivisions to be sued without their consent
1. What is Prevailing Party
2. What is sovereign immunity
Student that was leaving summer school before school was finished was hit by a motorcycle a couple blocks away from the school. In this case the parents sought out the district in saying there was not proper safe area for the students to walk across the street. Also faulting the teachers for letting the student leave school early. The case was dismissed on the grounds the student left school early on their own and was a 3 blocks away from the school when accident occurred.
What is Hayem V Manhattan Beach city school district (1978)
A student playing a softball game in gym class, is playing catcher where the teacher doesn't give them proper face protection. Student was hit in the face by bat, claiming if had the proper equipment the injury could have been avoided. Immune under the Tort Claims Act 51. The school can't be held liable for a sport conducted or sponsored on school grounds.
What is Curtis V Oklahoma City Public Schools
The plaintiffs own negligence was in any way a cause of the injury
What is Contributory Negligence
Awarded when defendants show malice, fraud, or reckless disregard for an injured person's safety or constitutional rights
What is Punitive Damages
1. Being accused of not efficiently doing your job or for an act while doing your job that has negative effects.
2. retaining employees whom they know or should have known are unfit and who put others at unreasonable risk of harm
1.What is impairment of reputation
2. What is Negligent Hiring
A case where a student was injured while playing on a merry go round at recess. In this case the school district acted negligently in their supervision of the child. The court also ruled that the student contributory negligence since she was the one that made the act on the playground to get injured.
What is Rollins V Concordia Parish school board (1985)
A teacher asked two students to clean the pigs at his ranch, giving the students access to his four wheeler. When coming back to the teachers parents house the students hit a tree and the driver of the ATV died. The parents filed for tort claims, section 1983 claims against Hearne school. The courts dismissed Tort claims under the federal rule of civil procedure. Dismissed section 1983 claims under rule 12 failing to stake a claim. The defendants didn't violate a constitutional right therefore the case was dismissed and the defendants were found not to be liable.
What is Pierce V Hearne Independent school District
Permit the judge or jury to compare the relative negligence to the plaintiff and the defendant in causing the injury and to reduce the award to the plaintiff in proportion to her negligence
What is Comparative Negligence
A small symbolic award where the plaintiff has been wronged but has not been able to show actual damages.
What is Nominal Damages.
1. A intentional regard of any provision of a contract that a party did know and was acting upon
2. making or reporting abuse without malice.
1.What is Willfull conduct
2. Good faith standard
A female student was playing the game Kick the Can in gym class when she was suddenly struck by a fellow student on a bike. The court ruled that the teacher negligently supervised on the basis of negligence proximity.
What is Buzzard V East Lake school district (1939)
Teacher place a kid in field hockey game without properly teaching the kid. knowing the kid couldn't perform the task in a safe manner. The teacher was found to act negligently in placing the student in the field hockey game.
What is Hussack V Chiliwack School district
violations of a students constitutional rights
What is Section 1983
Legal responsibility for ones acts under your supervision
Liable
1.Doing an act that is out of your normal practice that sticks out and is stigmatized against
2. caused by an act or omission of such teacher that constitutes willful or misconduct, or conscious, flagrant indifference to the rights or safety of the individual harmed , The presence of a teacher would not have prevented the boys from bumping their head during the basketball game
1. What is Personal Humiliation
2. What is Proximate Cause