Damages
Negligence
Liability
Cases
Miscellaneous
100
This is a symbolic award where the plaintiff has been wronged but has not been able to show actual damages.
What are nominal damages?
100
This refers to the type of negligence when the teacher of ordinary prudence fails to protect his or her students from injury.
What is reasonable care?
100
Especially in cases where it can be shown that the employee was predisposed to commit a reasonably foreseeable wrong, employers can be liable to employees or third persons when they are _________ and should have known the employee was unfit.
What is negligent in hiring?
100
In the case of B.M. v. State of Montana (Mont. 1982), the Montana Supreme Court agreed with the plaintiff in the negligent placement of a special education student. This is an example of liability in this form:
What is educational malpractice?
100
This term refers to the winner of a lawsuit.
What is prevailing party?
200
Injured persons with actual losses, including medical expenses, lost salary, and other provable costs, can be given this award.
What are compensatory damages?
200
This is a requirement that a person act toward others with watchfulness, care, and prudence that a reasonable person in the circumstances would or this person would be considered negligent.
What is duty of care?
200
A student's constitutional rights cannot be violated by school districts of officials under this federal statute.
What is Section 1983?
200
In the case of Eisel v. The Board of Education of Montgomery County (Md. 1991), two high school counselors were held liable for failing to attempt to prevent a student's suicide. In this case, the concept of this what applied.
What is duty of care?
200
The act from which injury results as a consequence that which otherwise would not have occurred is known as _______.
What is proximate cause?
300
Usually referred to as punitive damages, the award given where the defendants have shown malice, fraud, or reckless disregard for an injured person is also know as:
What are exemplary damages?
300
The standard that a plaintiff cannot recover damages if the plaintiff's own negligence was in any way a cause of the injury is stated in the common law doctrine of which form of negligence?
What is contributory negligence?
300
Schools are liable for negligent teaching that injures a student intellectually or psychologically under the claim of _______.
What is educational malpractice?
300
In the court case, Memphis Community School District v. Stachura, the court reaffirmed that impairment of reputation, personal humiliation, mental anguish, and suffering can be included in this type of award for damages.
What is compensatory damages?
300
This term is used to describe the belief that a person will deal fairly with others without malice or fraud.
What is the good faith standard?
400
In the case of Perez v. Rodriguez Bou (1st Cir. 1978), several Puerto Rican college students sued when they were unlawfully suspended. The evidence found the suspension to be un isolated error and the case was awarded this type of damages:
What is nominal damages?
400
Many states have this type of negligence law that bars recovery if the plaintiff's negligence is equal to or greater that that of the defendant.
What is comparative negligence?
400
In the case of School Board of Orange County v. Coffey (Fla. App. 1988), a teacher sexually abused a student and the school board and superintendent were found liable of this:
What is negligent hiring?
400
In the case of Spears v. Jefferson Parish School Board (La. App. 5th Div. 1994), the teacher was found liable for a kindergarten student's emotional injuries. Emotional injuries also referred to as:
What is mental anguish and suffering?
400
If a teacher unintentionally performs an act with no knowledge that it will likely to result in serious injuries or probable consequences, he or she can hold the school liable for this:
What is willful conduct?
500
Under what circumstance can the defendant of a case recover their attorney's fees?
What is a frivolous or groundless lawsuit
500
Some courts justify the practice of _________, that holds the common-law theory that the state and its agencies are sovereign and because of this, the public funds raised for schooling should not be legally diverted for non-educational purposes.
What is governmental immunity?
500
In the case of Flores v. Morgan Hill Unified School District (9th Cir. 2003), homosexual students who were taunted and beaten sued under this statute:
What is Section 1983?
500
In the case of Rollins v. Concordia Parish School Board (La. App. 1985), a 9 year old girl jumped of a merry-go-round and broke her leg. She sued the school for this type of negligence where the court reduced the compensation by 50 percent since the student was equally responsible.
What is comparative negligence?
500
This term refers to the judicial doctrine that prevents the government or its political subdivisions, departments, and agencies from being sued without its consent.
What is sovereign immunity?
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