Damages
Negligence
Defense
Liability
?
100
In some instances, like Carey v. Piphus, students were awarded both these types of damages, one to deter and punish, and the other to compensate for injury (or emotional distress)
What is punitive and compensatory?
100
This type of negligence was presented in Sheehan v. St. Peter's Catholic School when a teacher left students alone at recess and one got injured
What is reasonable care
100
The defense may have to pay punitive damages to someone for this reason even if their actions did not result in physical injury
What is mental anguish and suffering?
100
This the legal term for responsible
What is liable?
100
A person may feel this if their name or dignity has been tarnished or damaged
What is impairment of reputation?
200
This type of damages are a small symbolic award, where the plaintiff has been wronged but has not been able to show actual damages.
What are nominal damages?
200
This is a case where a student was away from teachers on a field trip, he was severely beaten by civilians (not affiliated with the school) and the teachers were not held liable
What is Mancha v. Field Museum of Natural History
200
In this case involving an 11-year old student that was seriously injured during a game of floor hockey, the court found that assumption of risk is not a viable defense so the teacher was found liable
What is Berman v. Philadelphia Board of Education
200
The basis, reason, or event of an incident that causes harm is called this
What is proximate cause?
200
This term means that a person or party acts honestly and fair
What is the good faith standard?
300
These can be awarded for monetary, physical, or psychological injury
What is damages?
300
In the case, School Board of Orange County v. Coffey the court found the school liable for this when a principal was hired that sexually assaulted a student
What is negligent hiring?
300
As found in the case of Board of Education of Prince George's County v. Marks-Sloan, governmental immunity is not a defense against this action
What is negligence?
300
A person may sue another for this when they feel that their social status has been defamed or destroyed
What is personal humiliation?
300
This term has different interpretations, but one definition is the winner of a lawsuit (sometimes being a teacher or student that may not be able to afford an attorney so the term "" allows their attorney's fees to be paid by the opposing party)
What is prevailing party?
400
Under this section of the U.S. Code, any person that deprives another person of their rights can be found guilty (like the case of Corbett v. Duerring and the Kanawha County Board of Education) and sent to trial
What is Section 1983?
400
Teachers have what responsibility not to injure their students and to prevent them from injuring or harming themselves or each other
What is duty of care?
400
A state cannot be sued by an individual when this type of immunity is at play
What is sovereign immunity? (11th amendment)
400
An employee may be held liable for this if they deliberately break the rules or disregard the law
What is willful misconduct?
400
In Wagenblast v. Odessa School District, The Washington Supreme Court held that parents that filled this out can still sue the school district for damages if their child is hurt during sporting events
What is waiver or release form?
500
This type of damages is awarded to a person to pay for actual loss of money such as loss of salary, medical expenses, or other costs.
What is compensatory damages?
500
This type of negligence is found when the court compares the amount of fault that the defendant has versus the amount of fault that the plaintiff has (ex. a young girl jumping off a merry-go-round and breaking her leg, it is mostly her fault for the action so when the school gets sued, they are only liable for a percentage).
What is comparative negligence
500
This type of negligence is when a person's actions contribute to their own injury or suffering
What is contributory negligence?
500
In Shilvely v. Green Local School District Board of Education, a federal court in Ohio found a school district this for not stepping in when a student was being bullied
What is negligent
500
A California school was not found liable of this legal action after a court (Peter W. v. San Francisco Unified School District) determined that it is not the school's fault that a student graduated without having adequate educational skills
What is educational malpractice?
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