assault, battery, libel, slander, defamation, false arrest, malicious prosecution, and invasion of privacy—require proof of intent or willfulness
What is an intentional tort
100
This type of tort, such as simple negligence—does not require proof of intent or willfulness
What is an unintentional tort
100
School personnel have a responsibility to provide some form of this for students who arrive on campus before the normal school day begins.
What is supervision
100
This means in place of parents
What is in loco parentis
100
Common law precedent suggests that a child under this age cannot be charged with contributory negligence.
What is seven years
200
This is a tort that involves confiscating or interfering with the use of a student’s personal property without proper authority.
What is Trespassing on personal property
200
This is generally viewed as the failure to exercise a reasonable standard of care that results in harm or injury to another person.
What is negligence
200
Although students may not be directly assigned to a
particular teacher during a specified time frame, it does not relieve that teacher of the responsibility to do this.
What is supervise
200
one who is present on the premises by invitation of the owner
What is an invitee?
200
This is probably the most common defense employed in charges of negligence.
What is contributory negligence
300
These are the most common defenses cited against defamation.
What are privilege, good faith, and truth.
300
This requires that school personnel exercise the same degree of care that other professional educators holding similar positions would exercise under the same or similar conditions.
What is standard of care
300
On field trips this will vary depending on the age and maturity of students and the nature of the field experience.
What is the standard of care
300
a dangerous instrument or condition that has a special attraction to a less mature child who does not appreciate the potential danger and who could be harmed.
What is an attractive nuisance
300
This is commonly used as a defense in situations involving various types of contact-related activities such as athletic teams, pep squads, and certain intramural activities.
What is assumption of risk
400
this involves unwelcomed and unprivileged body contact involving another person and is normally considered to be hostile and unlawful.
What is battery
400
In order to prove this, there must be evidence that links the injury directly to failure of educators to act prudently in a
given situation.
What is proximate cause
400
Administrators have the responsibility for ensuring that the campus is safe for this type of arriving students.
What is early
400
In this case, a California Superior Court judge ruled that Oakland public schools have an affirmative duty to alleviate crime and violence on school campuses.
What is the Hosemann v. Oakland Unified School District case?
400
Under this, acts of those responsible are compared in the degree of negligence attributed in an injury situation.
What is comparative negligence
500
School officials may be liable if two students mutually engage in this when there is prior knowledge that physical contact will occur.
What is a physical fight
500
Failure to establish each of the following elements invalidates charges of liability:
What are standard of care, breach of duty, proximate cause, and injury
500
This is a classic case involving on-campus supervision of students before the school day begins.
What is Titus v. Lindberg
500
This case shows that liability is probable when students’ constitutional rights are willfully violated by school officials.
What is Carey v. Piphus
500
This is based on the old common
law idea that—“The King can do no wrong"