Vocab 1
What constitutes as 'reasonable care?'
What is A measure of care that a teacher would have taken into consideration depending on the student and the situation, taking account of maturity levels, experience of students, and how much danger may be involved in the given situation.
What does it mean to be liable?
What is This is a legal term that defines who is or is not responsible for actions and behaviors, be they effective or ineffective in result.
Define Comparative Negligence
What is a statute based around the court comparing the issues brought in by both parties, weighing the significance of the negligence occurred, and reducing the awarded damages based on these findings.
This court case on Section 1983 (a section that protects rights being deprived with the ability to sue the government) in 2007 that centered around a school teacher involved in a hostile encounter with an eighth grade student.
What is Peterson vs. Baker (2007) ?
Mitchell vs Cedar (2013) centered around what issue?
What is Duty of Care- since the school failed to notice what was happening to the special needs child and failing to supervise the student. This lack of notice to what was happening to the child was considered as negligent behavior on the school's part.
Define Governmental Immunity
What is a common law that usually excludes states and involved agencies from certain claims of negligence. Notably this doesn't always apply. Usually this applies primarily to third party claims.
Define Educational Malpractice
What is this term has had some issues with being fully defined, but often revolves around the problem of negligence in the classroom that has a correlation with student failure. Further, it can also be defined as the lack of service being carried out to a reasonable expectation.
When is someone able to sue for compensatory damages?
What is when someone has caused you to be unable to work or experience and injury that greatly impacts your life.
What 1998 court case revolved around a teacher having been improperly watching her students when an injury occurred, thus the lack of supervision being considered the proximate cause for the avoidable injury?
What is Johnson Johnson v. School District of Millard (1998)
What 1939 case centered around the issue of contributory negligence?
Buzzard v. East Lake School Dist. (1939) A student was given permission to ride their bike around while other children were playing a game curing recess. The student rolled over a young girl and caused a broken arm. This was considered contributory negligence for the permission granted to the student to ride their bike around other distracted students.
If a student is being punished with humiliation by their teacher, can they sue? If so, what might help their case?
They can sue as personal humiliation can be considered misconduct on the teacher's part, but as with most cases they will need evidence of the occurrence. Detailing how this has negatively impacted the student would also help.
When can a student or teacher file for mental anguish and suffering?
What is they may sue when they have evidence of the occurrence and how it has negatively impacted their lives. Notably this can be a difficult case to follow through with in that mentality can be a hard thing to measure and show evidence that the action being filed against directly caused the suffering and mental anguish.
Define negligent hiring
What is when someone makes a claim that an employee is hired where due diligence was not completed and a possibly dangerous person was knowingly brought within by the employer.
What issue did USD NO. 315 v. DeWerff (1981) revolve around, and for what reason?
What is nominal damages, because when the teacher turned in his resignation he was informed it would only be accepted with the understanding he must pay a 400$ fine that the teacher deemed unreasonable. Because he sued and the fine was dropped it was considered a nominal damage as it didn't end up with any financial loss.
Which 1984 case centered around punitive damages claimed when two elementary teachers were not renewed deeming that a violation of their rights? Further, did they earn the punitive damages?
What is Wells v. Hico Independent School District (1984)
No, they did not as the claims were found unsubstantiated.
Define good faith standard
What is a term defined by a standard that sets an assumption that fair trade and dealings will occur between parties.
What 1989 court case revolved around deciding the proper standards on whether or not a party has prevailed?
Hint: Two associations brought in that prohibiting teachers from communicating during the school day was a violation of rights.
What is Texas Teachers Assn.v.Garland School Dist (1989)
What 1976 case revolved around a teacher whose unconventional teaching methods were considered unkindly enough of to earn a dismissal?
Hint: This teacher filed for impairment of reputation in that he was dismissed on the grounds of sexual impropriety despite evidence of occurrence lacking.
What is Weissman v. Board of Ed. of Jefferson Cty. Sch. Dist. (1976)
What case saw several different versions admitted to court of a teacher showing willful misconduct?
Hint: The teacher was filed by a mother who deemed their child being hurt on the playground by a rut the school hadn't fixed for months was a sign of misconduct and negligence on their part.
What is Sidwell v. GRIGGSVILLE COM. SCHOOL DIST. (1992)
What 1987 case appeals an order revolving around the judgment of the school district and its administrators based on sovereign immunity?
Hint: Parent of a student assaults a teacher and was introduced to a threatening environment when the principal barred his way of escape.
What is Bego v. Gordon (1987)