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100
The definition of this phrase is as follows: The degree of care a teacher of ordinary prudence would have used under like circumstances.
What is Reasonable Care?
100
While contributory negligence does not always assure the student recovers any damages, these laws permit the judge or jury to compare the relative negligence of the plaintiff and the defendant in causing the injury and to reduce the award to plaintiff in proportion to his/her negligence.
What are Comparative Negligence laws?
100
When a teacher fails to report child abuse, they can be held liable because they are violating ________________.
What is Good Faith Standard?
100
Also denied to teachers and schools, this is a common-law theory which holds that since the state and its agencies are sovereign, they cannot be sued without their consent and should not be held liable for the negligence of their employees.
What is Governmental Immunity?
100
Courts have deemed when a student suffers due to an impairment of reputation, this party will pay the fine.
Who is The School.
200
In this court case, the teacher was found liable after eighth-grade boys seriously injured an eighth-grade girl took a pebble to the eye.
What is The Sheehan Case?
200
Twelve states employ the "less than fifty percent" or the "not as great as" approach while twenty-one states employ an approach generally known as ________.
What is "50 percent" or "not greater than"?
200
Employers can be liable for this act, which occurs when hiring or retaining employees known to be unfit to perform.
What is Negligent Hiring?
200
Section 1983 may allow all but which prevailing party a reasonable attorney fee as part of the costs?
What is the United States?
200
When a teacher is doing what others in his/her field would do under the same circumstances, they are taking a part in __________.
What is Willful Conduct?
300
This concept was used in a Maryland case when a teen girl committed suicide without any serious action taken by the school's counselors.
What is Duty of Care?
300
In the court case of Miles vs. The School District No. 138 of Cheyenne City, the court dismissed the claim and concluded she had _____ cause, reasoning she failed to use the ordinary care that a student her age and maturity "would have used under like circumstances."
What is Proximate Cause.
300
The most common award in court cases is known as ________.
What is Compensatory Damages?
300
In Nieuwendorp v American Family Insurance in Wisconsin, the court ruled in favor of ______ after the student violently pulled on the teacher's hair.
Who is The Teacher or Nieuwendorp or The School?
300
School officials can be held liable under this for violations of an individual's constitutional rights.
What is Section 1983?
400
In this state, the court found a school district to be liable when a nine-year-old was seriously injured by a car while playing in the street after having left the school building unattended on an early dismissal day.
What is New Jersey.
400
Courts rejected the claim when a thirteen-year-old girl sued the school for injuries she attained sliding into first base while playing this sport.
What is Softball.
400
Punitive damages are awarded where defendants have shown malice, fraud or reckless disregard for an injured person's safety or __________.
What is Constitutional Rights?
400
Though rare, this party has been found liable whenever a student is afflicted by personal humiliation or mental anguish and suffering at the hands of a school official.
Who is The Teacher or The School?
400
In a New York case, parents were not liable when this person was injured in a fight between a student and her sister.
What is A Teacher.
500
In the Kaufman v City of New York, this was the ruling of the judge after Mr. Kaufman sued the school for not supervising his son's basketball game closely enough to prevent injury.
What is Not Guilty?
500
The No Child Left Behind Act of 2001 contains this provision which immunizes from liability any teacher who "was acting within the scope of the teacher's employment or responsibilities to a school," or where the actions of the teacher were "carried out in ... furtherance of efforts to control, discipline, expel, or suspend a student or maintain order or control in the classroom or school."
What is the Paul D Coverdell Teacher Protection Act?
500
These are a small symbolic award where the plaintiff has been wronged but is not able to provide evidence.
What is Nominal Damages.
500
In the California court case of Peter W v San Francisco Unified School District, the court ruled in favor of the schools when a graduate claimed educational malpractice, because he was lacking in this area.
What is Reading.
500
A few courts have held that _________ exists between educators and students because students are required to attend school and their care is entrusted to school officials.
What is A Special Relationship.
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