Terms
The degree of care a teacher of ordinary prudence would have used under like circumstances
What is reasonable care
The case in which neither the school board or teacher held liable when a child struck another child in the eye with a plastic hammer
What is Santiago v. Cooper
The means that the intention of all parties involved are taken honestly
What is good faith
What can be applied when someone fails to prevent something significant like suicide
What is duty of care
The case in which the courts ruled in favor of softball coaches, officials, and league organizers, in deeming that the child was well aware of the risks of the game
What is Kelly v. McCarick
What is awarded when defendants have shown malice, fraud, or reckless disregard for an injured person's safety or constitutional rights
What are punitive damages
The case in which a high school graduate sued the school district for failing to provide him with adequate instruction of basic skills, claiming educational malpractice
What is Peter W. v. San Francisco Unified School District
The government's freedom from being sued for money damages without its consent
What is sovereign immunity
Typically the means when one has suffered from anxiety, depression, trauma or grief
What is mental anguish and suffering
The case in which the Supreme Court said, "so long as the prior decisions gave reasonable warning that the conduct then at issue violated constitutional right."
What is Hope v. Pelzer
The small symbolic award, where the plaintiff had been wronged but has not been able to show actual damages
What are nominal damages
The case where the prevailing party (School District) was entitled to an award of attorney fees ($39,000) after a student's parents brought claims that their child's civil rights were violated
Lyon v. Estrella Foothills High School
The means that the courts can rule an event to be the cause of an injury
What is the proximate cause
The means when someone has ruined or hurt others reputation through slander
The impairment of reputation
The case where the Massachusetts Supreme Judicial Court dismissed a negligent action from a bad fall due to a signed waiver by the victim and her parents
What is Sharon v. City of Newton
The compensates injured persons for their actual losses, including for their medical expenses, lost salary, and other provable costs incurred as a result of the defendants negligence
What are compensatory damages
The case where both teachers and administrators were held liable under Section 1983 for the harm and hostility towards homosexual students
What is Flores v. Morgan Hill Unified School District
The type of defamation; that is people making false statements about someone else
What is personal humiliation
The means that in some instances, schools can be protected from lawsuits because they fall under local rule
What is governmental immunity
The case where the NCLB did not protect a Nevada teacher whose physical contact with a teacher was out of the scope of the teachers employment responsibilities
What is Webb v. Clark County School District
The means employers can be liable to employees or to third persons when they are negligent in hiring or retaining employees whom they know or should have known are unfit and who put others at unreasonable risk of harm
What is negligent hiring
The case in which the Indiana Supreme Court applied contributory negligence to the student's failure to exercise ordinary care while flying in a performance of Peter Pan
What is Penn Harris Madison School Corp v. Howard
The law permits the judge or jury to compare the relative negligence of the plaintiff and the defendant in causing the injury and to reduce the award to the plaintiff in proportion to her negligence
What is the comparative negligence
The means when someone acts in an intentional way and it leads to a wrongful outcome
What is willful conduct
The case in which the school officials were held liable under section 1983 and Title IX for not guaranteeing equal protection to a student based upon her gender
What is Fitzgerald v. Barnstable School Committee