If a person should hold responsibility for their action or their inactions
What is Liable
Comparative Negligence
What is statues that allow the court to compare the negligence of the plaintiff and the defendant and reduce the amount of awarded damages.
Proximate cause was a key term used in this case where the court dismissed the claim on the grounds of contributory negligence determining the plaintiff's actions.
This term was used in the 1982 Harlow v. Fitzgerald supreme court case which shielded public officials from liability for civil damages if their conduct isn't in violation of the Constitutional rights of what a reasonable person would have known.
What is good faith
A concept which was applied in a Maryland case when to high school counselors were held liable for failing to report a student’s intent to commit suicide.
What is Duty of Care
Compensatory Damages
What is the most commonly awarded damages to the prevailing party for losses and provable costs acquired during a case
In this case, governmental immunity was a term used as an exception to finding the school board negligent in protecting a teacher from injury.
What is Rubino v. City of New York
In this 1982 case of BM v. State of Montana, it was found that the school had negligently placed a child in a special education classroom which later caused intellectual injuries to the student. What significant term was used in this trial?
What is educational malpractice
The degree of care a teacher of ordinary prudence would have used under like circumstances
What is Reasonable Care
Prevailing Party
What is a term for if the defendant is awarded damages in a negligence case
Personal humiliation was used in this case that ruled the school liable for altering school records which provided false information demeaning the student.
What is Hunter v. Board of Montgomery County
This term was established by the US Supreme Court and may be imposed upon the state for the actions of third parties who deprive individuals of life, liberty, or property only when the state has a special relationship with that individual. This was used in the 1989 case of DeShaney v. Winnebago County Department of Social Services.
What is Section 1983
A monetary value which is awarded in attempt to discourage any future actions which would cause disregard for an individual.
What is Punitive Damages
Impairment of Reputation
What is a term that is associated with libel but can also be the written information about the individuals character
In this case, sovereign immunity was a term used to state that it is not the duty of the courts to second-guess governmental policies.
What is Doe v. Board of Education Memphis
In the 1978 Perez v. Rodriguez Bou court case, several Puerto Rican college students were wrongfully suspended, so the courts awarded what kind of damages?
What is nominal damages
In the case of Jodeen Miles when she sued the school after she cut off two fingers while removing a piece of wood from a machine incorrectly although she was taught and observed how to correctly perform the task by her teacher. The case was dismissed because of this idea.
What is Contributory Negligence
Willful Conduct
What is acting in good conscience with the malicious intent to harm, cause hatred, violate, or injure
In this 1994 case, mental anguish and suffering was a term used when a physical education teacher was found liable for the cost of psychotherapy for a kindergartner after the teacher performed a pretend hanging on the students friend causing severe mental and emotional trauma.
This term was used and the court was able to dismiss the claims in this 1979 case of Miles v. School District number 138 Cheyenne County because of the plaintiff's actions.
What is Proximate Cause