Legal Lingo
The level of precaution that any logically thinking person would provide
What is Reasonable Care
When the injured party's actions cause them to be partially at fault for the injury
What is Contributory Negligence
The side who received what they were looking for in a court case
What is a Prevailing Party
The famous Supreme Court case that allows students freedom of expression in schools so long as the expression does not interfere with education.
What is Tinker v. Des Moines Independent School District (1969)
Section 1983 makes a person ______ for denying others of rights or privileges guaranteed by the Constitution
What is Liable
Also known as libel or slander, this is the legal phrase for damaging of someone's character
What is Impairment of Reputation
a partial legal defense in which the negligence of the injured party is partially to blame
What is Comparative Negligence
Intentionally doing something that will possibly cause harm
What is Willful Conduct
The federal court case that found New York public schools liable when a disabled student claimed violations of IDEA
What is T.K. and S.K. v. New York City Department of Education (2011)
The term for a school entity guilty of professional negligence or failing to provide services
What is Educational Malpractice
Humiliation that is private, as in between a victim and the perpetrator
What is Personal Humiliation
These are awarded when the injured party is legally in the right, but the losses suffered are small
What is Nominal Damages
The Rule that the government can only be sued when it consents to the lawsuit
What is Sovereign Immunity
The South Dakota Supreme Court case that found a high school coach liable for participating in "initiation rights" that lead to the death of a student
What is DeGooyer V. Harkness (1944)
A legal claim that an employer should have known an employees history before hiring them, and not knowing this history lead to an accident.
What is Negligent Hiring
Acting with honesty in conduct during an agreement
What is the Good Faith Standard
These are awarded to the injured party in excess of what was lost in order to punish the defendant
What are Punitive Damages
Provides the right to sue state government employees for suspected civil rights violations
What is Section 1983
A state court found a private school liable for negligence for lack of supervision when a student was injured by a fellow classmate
What is Cotton V. Catholic Bishop of Chicago(1976)
a rule that protects the government from being liable for actions that government employees or the government itself committed, regardless of injury caused by those actions
What is Governmental Immunity
Psychological Trauma that one party inflicts upon another
What is Mental Anguish
These are awarded when the amount awarded is equal to the amount lost as a result of the injury
What is Compensatory Damages
A federal case concerning the legality of creating fake social media profiles for the school's principal. The court found that the school district did not have the authority to punish students for actions committed off campus.
What is J.S. v. Blue Mountain School District & Layshock v. Hermitage School District(2011)
This juvenile court case found the school at fault for not providing due process to a student accused of sexual harassment
What is Iwenofu v. St. Luke School(1999)
The Supreme Court case which found that school boards may be liable for damages if they show a "deliberate indifference" to acts of harassment.
What is Davis v. Monroe County Board of Education (1999)
The legal responsibility to prevent any issues that can be foreseen to cause harm
What is Duty of Care
What the law recognizes as the primary cause of the injury
What is Proximate Cause
This 2011 case brought up a 1983 civil rights action over the legality of threatening to shoot other students under the first amendment's protections for freedom of speech. The court found the school district not liable.
What is D.J.M. v. Hannibal Public School District #60 (2011)
This state court in Illinois found that a private school was not liable for injuries received by a student who was instructed to cut a length of wire from a coil.
What is Merrill v. Catholic Bishop of Chicago(1972)
The Supreme Court case that defined who is liable when students are sexually harassed by school employees
What is Gebser v. Lago Vista Independent School District (1998)