Neg
Legal term meaning failure to exercise reasonable care also part of the case Board of Education of Prince George's County v. Marks-Sloan (2012).
What is negligent?
These can be awarded for monetary, physical, or psychological injury.
What is damages?
Term meaning held responsible.
What is liable?
Case where a student was not under direct supervision of teachers on a field trip and was severly beaten by others not associated with their school. Teachers were not held liable.
What is Mancha v. Field Museum of Natural History (1972)?
A state cannot be sued by an individual when this immunity is at play.
What is sovereign immunity?
Plaintiff's own negligence contributed to the injury or suffering.
What is contributory negligence?
In the case, Carey v. Piphus (1978) students were awarded this type of damage used to deter, and punish.
What is punitive damage?
A responsibility that teachers have that holds them responsible to protect their students and prevent them from hurting or injuring themselves or each other.
What is duty of care?
This case involved an 11-year-old that was seriously injured during a game of floor hockey. The teacher was found liable because the assumption of risk is not a viable defense.
What is Berman v. Philadelphia Board of Education (1983)?
When a person feels their social status has been destroyed.
What is personal humiliation?
In the case School Board of Orange County v. Coffey the court found the school liable for employing a principal that sexually assaulted a student.
What is negligent hiring?
Award to persons who have been wronged but cannot prove the actual damages.
What is nominal damages?
An employee may be held liable for this if they deliberately break the rules or disregard the law.
What is willful [mis]conduct?
In this case, a federal court in Ohio found a school district negligent for not stepping in when a student was getting bullied.
What is Shilvely v. Green Local School District Board of Education (2013)?
Reason, basis, or event of an incident that causes harm.
What is proximate cause?
Type of negligence that is presented in the case Sheehan v. St. Peter's Catholic Church School (1971) when students were left alone at recess and one got injured.
What is reasonable care?
Damages awarded to injured persons can receive to cover their losses such as salary, medical expenses, or other costs.
What is compensatory damages?
The defendant may have to pay punitive damages to someone for this reason, even if their actions did not cause physical injury.
What is mental anguish and suffering?
In this case, under section 1983 any person that deprives another from their rights can be found guilty and sent to trial.
What is Corbett v. Duerring and the Kanawha County Board of Education (2012)?
Term meaning that a person or party acts honestly and fair.
What is good faith standard?
Type of negligence found when the court compares the amount of fault that the defendant has versus the amount of fault that the plaintiff has.
What is comparative negligence?
Term when the winner of a lawsuit (sometimes being a teacher or student that may not be able to afford an attorney) allows their attorney's fees to be paid by the opposing party.
What is prevailing party?
A California school was not found liable of this legal action after a court (Peter W. v. San Francisco Unified School District (1976)) determined that it is not the school's fault that a student graduated without having adequate educational skills.
What is educational malpractice?
In this case, the Washington Supreme Court held that parents that filled waivers/release forms out can still sue the school district for damages if their child is hurt during sporting events.
What is Wagenblast v. Odessa School District (1988)?
If a persons name or dignity has been tarnished or damaged they may feel this.
What is impairment of reputation?