Vocabulary 1
Teachers can use governmental immunity for protection (Conlon et al., 2015, p. 72).
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What is false?
In the case Sheehan v St. Peter's Catholic School (1971), a teacher took her class and left them at a field where other kids were playing baseball. One of the students got hurt while the teacher was gone. The teacher failed to provide... (p. 65).
What is reasonable care?
People who win the law suit (p. 84).
What is prevailing party?
In the case Kaufman v. City of New York (1961) a student was playing basketball at recess and bumped heads with another student causing a head injury. The parent sued the school, but the courts sided with the school because of ... cause. (Fill in the blank) (p. 69).
What is proximate cause?
An award given by the court that is above the damages (p. 83).
What is a punitive damages?
In the case B.M. v. State of Montana (1982) a student who had been diagnosed as mentally retarded. Instead of being placed in a special education program the student was put into a segregated classroom. After the behavior worsened the suit was filed. This is an example of... (p. 76).
What is educational malpractice?
A persons recover damages will depend on the amount of their own negligence was involved with the injury (p. 70).
What is comparative negligence?
In the case a student swung off the monkey bars onto the tetherball pole and injured his leg due to a screw that was sticking out of the pole. The student was six years old and the teacher that was on duty was supervising over 100 students and trying to complete multiple tasks. The school board was found...for the injury. (fill in the blank) (p. 66).
What is liable?
The degree of care a teacher would give to a student (p. 65).
What is reasonable care?
In the case Spears v. Jefferson Parish School Board (1994) a physical education teacher made a student believe that his two friends had been hanged. This teacher was responsible for the students... (p. 78).
What is mental anguish and suffering?
Teachers violating students constitutional rights (p. 77).
What is section 1983?
In the case Arbegast v. Board of Education of South New Berlin (1985) a teacher was injured during a donkey basketball game. The teacher was not able to recover damages from her injury because she was aware of the risks that the game involved. This is an example of... (p. 72).
What is willful conduct?
The plaintiff has been wronged and given a small reward (p. 83).
What is nominal damages?
In the case School Board of Orange County v. Coffey (1988) the superintendent and the school board did not fire a teacher who sexually abused a student. It is their jobs to protect other students from this risk. The school was found liable for... (p. 77)
What is negligent hiring?
Acting in fairness through the trial (p. 80).
What is good faith standard?
In the case Fairbanks Publishing Co. v. Pitka (1962) a teacher had a fall out with the school and was arrested for disturbing the peace after she ignore the school when they let her go. The newspaper released an article about this teacher and the situation. The article was an... of the teacher. (Fill in the blank) (p. 90).
What is impairment of reputation?
Award given by the court to compensate damages such as medical expenses (p. 83).
What is compensatory damages?
In the case Miles v. School District N0. 138 of Cheyenne Country 1979 a student filed against the teacher for negligent supervision when she lost two fingers in her shop class. The teacher had shown that he had gone through the safety rules with students, gave each student a safety handbook, given a safety exam, and watched the student safely operate the machine before. The case was dismissed based on... (p. 70).
What is contributory negligence?
States cannot be sued without their consent and are not liable for their employees negligence (p. 72).
What is sovereign immunity?
In the case Eisel v. Board of Education of Montgomery County (1991) a father sued the counselors at the school when his daughter had made a suicide pact with two friends. The daughter and told multiple people about this and the two other girls had told the counselors. The counselors asked the daughter if she had committed to this pact and after she said no the counselors did nothing further. The counselors were found to have not provided their... (p. 66).
What is duty of care?