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A teacher or school is held legally accountable for an incident.
What is liable?
a small award ($1) when the plaintiff has been wronged but can’t show any damages that actually occurred to them
What is nominal damages?
The defendant will pay this as a punishment for the negligence and it hopefully makes the action less likely to happen again in the future.
What is punitive damages?
This term protects schools from being held liable when a teacher or administrator is negligent.
The party that “wins” the lawsuit and acquires damages from the other party- can be entitled to attorney fees if they achieve success on any major issue.
What is the prevailing party?
In the case, Miles v. School District No. 138 of Cheyenne County (1979), the plaintiff’s contributory negligence led to an injury. The case was dismissed because the plaintiff’s actions were the ________ of this case.
What is proximal cause?
In the case,Rollins v. Concordia Parish School Board (1985), a student jumped off a merry-go-round and broke her leg. The court found that it was both the school's fault and the child's fault for jumping off which lead to the school owing the student only 50% damages. This is _____________.
What is comparative neglegence?
This standard protects teachers from liability for damages as long as conduct does not go against the Constitutional rights of what a reasonable person would have known or how a reasonable person would have acted in the case.
Intentionally doing something that the person knew would cause harm or injury
What is willful conduct?
Protects the government (the school) from liability for the actions of teachers if they are negligent.
What is governmental immunity?
In the case, Gibbons v. Orleans Parish School Board (1980), the school board was found negligent because they only had one teacher to watch 160-180 students. The teacher could not show _______, and because of this a student was injured sliding down a tether ball pole.
What is reasonable care?
In the case, Eisel v. Board Of Education Of Montgomery County (1991), the school was found negligent when a student committed suicide after the school counselors failed to tell a parent that the student and friends had a suicide pact. Since the counselors failed to inform the parent of the student about this, they failed to have a _______ toward the student.
What is duty of care?
In the case, Penn Harris Madison School Corp. v. Howard (2007), a student was injured after falling from something he created to "fly" during a play. The student failed to show reasonable care and his injury was due to ________.
What is contributory negligence?
Physical or emotional damage to a person’s confidence or social status brought upon by someone else or even that person if they commit an unlawful act.
What is personal humiliation?
In the case, Carole A. v. City of New York (1991), a school psychologist was raped and sodomized in her office. She was awarded $1,075,000 in damages for emotional trauma. What kind of damages was this?
What is compensatory damages?
In the case, School Board Of Orange County v. Coffey (1988), the board was found negligent for hiring someone who later sexually assaulted a student. This is also known as _______.
What is negligent hiring?
In the case, Spears v. Jefferson Parish School Board (1994), a physical education teacher was found negligent after causing a student ____________ after pretending to hang the student's two friends.
What is mental anguish and suffering?
In the case, B.M. v. State of Montana (1982), the school inappropriately placed a student in a special education class that caused her behavior to worsen. This is an example of _________.
What is educational malpractice?
In the case, Flores v. Morgan Hill Unified Sch. Dist (2003), homosexual students were taunted and beaten by another group of students even though there was a history of violence towards homosexual students at this school. Under ________, the teachers and administrators were held liable because the students constitutional rights were violated.
What is Section 1983?