Vocabulary
The winner of a lawsuit is the _________.
Prevailing party
The court case that racial segregation of children in public school was unconstitutional.
Brown v Board of Education (1954)
________ is the degree of caution a normal person (a teacher) would use in similar circumstances.
Reasonable care
Money awarded to a person to compensate for their losses, damages, injury, or other expenses in result of negligence.
Compensatory damages
Hoyem v. Manhattan Beach City School District (1978)
A common-law that states that federal, state, or local governments can not be sued without consent.
governmental immunity
A court case that raised importance to constitutional questions regarding the rights of public employees to maintain and express their private sexual preferences. Rowland told her sexual preferences to school secretary and some fellow teachers, she was later fired. the jury conduced that the petitioner had suffered damages as a result to of the decisions in the form of personal humiliation, mental anguish, and lost earnings.
Rowland v. Mad River Local School District Montgomery County, Ohio 470 U.S. 1009 (1985)
A contract between the union and the school board will have deal with each other honestly, fairly, and in __________. They are to make an effort to come to an agreement.
Good faith
Compensation awarded for to punish the defendant(s) for their wrong doing.
Punitive damages
A court case where Young sued for educational malpractice. The board of education failed to teach him properly, and should have been aware of his inability to comprehend the content exposed.
Hunter V. Board of Education of Montgomery Country (1981)
A law that allowed people to sue the government for civil rights violations of students' and teachers' constitutional rights.
Section 1983
The court case that it is unconstitutional for state officials to compose an official school prayer.
Engel v. Vitale 370 U.S. 421 (1962)
An act that is intentional, conscious, and done with purpose
Willful conduct
Small amounts of money awarded when the plaintiff has had legally wronged but is unable to show actual damages occurred.
Nominal damages
A U.S. Supreme Court Case of Age discrimination in employment. O'Connor stated that the ADEA contains a statement of congress' intent to repeal the states sovereign immunity but the repeal exceeded congress' authority under the 14th amendment.
Kimel v Florida Board of Regents, 528 U.S. 62 (2000)
________________ includes fright, feelings of distress, anxiety, depression, grief, or psychosomatic physical symptoms. It can be considered when awarding damages for physical injury caused by negligence or intentional infliction.
mental anguish and suffering
The court case that sued on behalf of the students in its district, arguing that property taxes were low in the area and the students were being underserved due to lack of funding among school districts. The equal protection clause of the 14th amendment mandates equal funding among school districts but it was rejected.
Schools have a responsibility to provide students with a safe learning environment and a acquit teacher. When a school does not meet that standard of care it can be considered _________ if they knew or should have known the teachers background.
Negligent hiring
A limiting factor of recovering damages due to the negligence of a plaintiff that contributed to or caused an injury (age restrictions).
Contributory negligence
A court case where student (Johnson) was injured while attending music class. Students were taught the song "London Bridge" and the student was flung across the room after being warned and taught how to properly play. The court found that under the circumstances the accident and injuries were foreseeable and that the negligence of teacher (Patton) was the proximate cause of the injury.
Johnson, Appellee v. School District of Millard
When someone disagrees with the majority opinion.
Dissenting opinion
The court case that the U.S. Supreme Court stated that searches and seizures many be conducted by school officials based upon "reasonable suspicion." A school official may properly conduct a search of a students person if the official has a reasonable suspicion that a crime has been or is in the process of being committed or reasonable cause to believe that the search is necessary to maintain school discipline or enforce school policies.
New Jersey v. T.L.O. (1985)
To be held accountable for or responsible for.
Liable
Damages awarded to both plaintiff and defendant as they are both somewhat at fault and negligent.
Comparative negligence
Rich v. Kentucky County Day (1990)