What is it?
A student is gets hurt by their own fault of not using something properly, after being shown how to use the item properly (Miles v. Sch. Dist. No. 138 or Cheyenne County).
Contributory Negligence
Negligent Hiring is when there are way more students are around than teachers, therefore proper supervision can't happen and things can go wrong fast, like fights (Moncha v. Field of Museum of Natural History).
False
The school and teacher are allowing students to use equipment that is broken, therefore the school can be held _____ for anything that happens (South Ripley Community School Corp. v. Peters).
Liable
DeShaney's case against Winnebago's social service is a great example of mental anguish and suffering because of a child being abused by his father. (Deshaney v. Winnebago County Dept. of social services)
Correct
Requires an honest belief or purpose, and requires you to be faithful to your duties.
Good Faith Standard
Comparative negligence is when, a student (plaintiff) and a teacher (defendant) can be compared to the negligence in the determination of award for damages or injuries (Rollins v. Concordia Parish Sch. Bd.).
True
______ is passing on information to the correct people to ensure students are safe (Eisel v. Bd of Montgomery County).
Duty of Care
The students in the Perez v. Rodriguez case fell under willful conduct when the students received their suspensions from the university? (Perez v. Rodriguez 1978)
Correct
This is awarded for damage that the defendant shows fraud or reckless disregard for the injured person.
Punitive Damages
Educational Malpractice means, you should sue your school district if you think they failed to teach you adequate basic skills.
False
_______ entails paying better attention to children playing to prevent bad things from happening to them (Gibbons v. Orleans Parish School board).
Reasonable Care
Davis's case against Monroe's board of education of the sexual harassment on his fifth-grade daughter does not fall under the impairment of reputation on the school? (Davis v. Monroe County Bd. of Educ.)
Incorrect
States that teachers are only liable when it can be fairly said that they did wrong.
Section 1983
Compensatory Damages compensate the injured person for all of their losses including medical and salary losses.
True
_____ is if a student gets hurts outside without proper supervision...but the same thing would have happened with proper supervision (Kaufman v. City of New York).
Proximate Cause
Most if not all cases that have to do with education have nothing to do with personal humiliation from either party and are legit reasons to sue.
Correct
A common-law theory saying that, since the states and their agencies are sovereign, they cannot be sued without their consent and should not be held liable.
Governmental Immunity
The prevailing party is the losing party of the lawsuit filed?
False
______ is a symbolic award when the plaintiff has been wronged, but can't show any damages.
Nominal Damages
The age discrimination of employment act which is seen in the Board of Educ. or Baltimore county v. Zimmer-Rubert is not a case that falls under sovereign immunity? (Zimmer-Rubert v. Board of Educ. of Baltimore County)
Incorrect