Court Cases
Awards
Potpourri
Defense
Who v. Who
100
Eisel v. Board of Education Two school counselors were held liable for failure to take action regarding a student's suicide based on this
What is duty of care
100
The person who wins the court case, and may receive awards is known as what
What is the prevailing party
100
A person may suffer from this if someone has defamed how other people see or perceive them.
What is impairment of reputation
100
This is allows the judge or jury to award money based on the percentage of fault that each party is responsible for.
What is comparative negligence
100
This was a case where 2 students' 14th amendment rights to due process were violated when the principal saw them smoking what he thought was marijuana on school property.
What is Carey v. Piphus
200
Mancha v. Field Museum of Natural History Children from another school beat up a young boy on a field trip when he was out of site of the teachers. In this case, the courts did not hold the teachers ...
What is liable
200
When a plaintiff receives an award of $1, or when the he/she cannot prove actual damages, he/she may be awarded these
What are nominal damages
200
This is a compensatory damage involving pain regarding how and what a person thinks.
What is mental anguish and suffering
200
Some students may be incapable of this due to their age.
What is contributory negligence
200
In this California Supreme Court case the district was sued for the negligent hiring of a counselor who had sexually abused students at the previous school and continued to do so at the new school.
What is C.A. v. William S. Hart Union High School
300
B.M. v. the State of Montana The negligent placement of a special education student in a segregated classroom caused poorer behavior led the mother to file a claim that was recognized by the court for...
What is educational malpractice
300
People may receive money for injury, medical expenses, or lost wages, which are all provable costs due to negligence. These awards are known as...
What are compensatory damages
300
A person may suffer this when derogatory or negative comments are made about them on social media.
What is personal humiliation
300
This allows for teachers to personally be sued, but not school district.
What is governmental immunity
300
This court case involved a 17-year old student who had been properly trained on shop equipment, but cut off 2 fingers while unsupervised in shop class. The case was dismissed because the event that caused the injury or (proximate clause) was the student's own negligence.
What is Miles v. School Dist. No. 138 of Cheyenne County
400
Sheehan v. St. Peter's Catholic School A teacher was found negligent after leaving 8th grade girls unsupervised during a baseball game in which one girl was injured by baseball players throwing rocks at the girls. The teacher was found to not have used this.
What is reasonable care
400
These are awarded to punish a person because of the fraud or malice.
What are punitive damages
400
It is implied that the 2 parties involved in a contract will deal with each other honestly and fairly.
What is a good faith standard
400
When someone voluntarily accepts the responsibility of participating in a dangerous action. They are said to have taken this.
What is assumption of risk
400
In this case the school district was not found liable when a 12-year old sneaked onto school grounds after hours to play a skateboarding game and ended up with fatal injuries. The student's intentional actions (or willful conduct) were the cause of his injuries.
What is Bartell v. Palos Verdes Peninsula School Dist.
500
Wood v. Stickland Two students were suspended without due process. This allowed the students to sue the school because their fedraly protected rights were violated.
What is Section 1983
500
In some cases this person will reimburse the prevailing party for their court expenses.
What is the losing party
500
A student who is a victim of sexual harassment may sue the school district for a violation of this.
What is Title IX
500
The defendant in a statutory rape case cannot claim this in order to win his case or to have the charges dropped.
What is victim consent
500
This U.S. Supreme Court case stated that individuals could not sue states for age discrimination because states had sovereign immunity, which means that they cannot be sued without their consent.
What is Kimel v. Florida Board of Regents