Terms
The degree of care a teacher of ordinary prudence would have used under like circumstances.
What is reasonable care?
Proximate Cause was used in this case to dismiss the claim on the grounds of contributory negligence determining the plaintiffs actions.
What is the Miles v School District 138 Cheyenne County?
The term that allowed the case of Jodeen Miles, who severed two of her fingers when she incorrectly removed a piece of wood from a machine although she had been taught how to correctly perform the task by the teacher, to be dismissed.
What is contributory negligence?
A concept which was applied in a Maryland case when to high school counselors were held liable for failing to report a student’s intent to commit suicide.
What is duty of care?
if a person should hold responsibility for their action or their inactions.
What is liable?
The courts awarded nominal damages during this case where college students were improperly suspended.
What is the Perez v. Rodriguez Bou case?
In the 1986 case of Rubino v. City of New York this term was an exception to finding the school board negligent in protecting a teacher from injury.
What is governmental immunity?
The term for if the defendant is awarded damages in a negligence case.
What is a prevailing party?
Statues that allow the court to compare the negligence of the plaintiff and the defendant and reduce the amount of awarded damages.
What is comparative negligence?
A term used by the 1982 case BM v. state of Montana which found the school had negligently place a child in a special education classroom which caused intellectual injuries to the student.
What is educational malpractice?
The case that ruled the school liable for altering school records which provided false information that demeaned the students using the term personal humiliation.
What is The Hunter v. Board of Montgomery County case?
The term that is often associated with libel. Can also be the written information about an individual’s character.
What is impairment of reputation?
A monetary value which is awarded in attempt to discourage any future actions which would cause disregard for an individual.
What is punitive damages?
The US Supreme Court established this term which may be imposed upon the state for the actions of third parties who deprive individuals of life, liberty, or property only when the state has a special relationship with that individual. This was used the 1989 case of DeShaney v. Winnebago County Department of Social Services.
What is Section 1983?
Sovereign immunity was used in this case to state it is not the duty of the courts to second-guess governmental policies.
What is the Doe v. Board of Education Memphis case?
Acting in good conscience with the malicious intent to harm, cause hatred, violate, or injure.
What is willful conduct?
The most commonly awarded damages to the prevailing party for losses and provable costs acquired during a case.
What is compensatory damages?
This term was used in the 1994 case of Spears v. Jefferson Parish School Board when a physical education teacher was found liable for the cost of psychotherapy for a kindergartner after the teacher performed a pretend hanging on the students friend causing severe mental and emotional trauma.
What is mental anguish and suffering?
This term was used in the 1982 supreme courts case Harlow v. Fitzgerald which shields public officials from liability for civil damages if their conduct isn’t in violation of the Constitutional rights of what a reasonable person would have known.
What is good faith standard?
A claim against an employer by an injured person based on the theory that the employer knowingly hired a dangerous person or a person who is untrustworthy.
What is negligent hiring?