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School Liability and Negligence

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Negligence

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The failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation; any conduct that falls below the legal standard established to protect others against unreasonable risk of harm. Case: Tarasoff v. Regents of the University of California

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Vicarious Liability

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A legal doctrine where a party can be held liable for the negligent actions of another party, even if the first party was not directly responsible for the injury. Case: Farwell v. Keaton

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Duty of Care

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A legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. Case: Palsgraf v. Long Island Railroad Co.

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Standard of Care

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The degree of care that a reasonably prudent person should exercise under the same or similar circumstances. Case: Vaughan v. Menlove

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Breach of Duty

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Occurs when a person's conduct falls short of the standard of care set by law for the protection of others against unreasonable risk of harm. Case: Blyth v. Birmingham Waterworks Co.

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Actual Cause

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Also known as 'cause in fact,' it refers to the determination that the defendant's breach of duty resulted directly in the plaintiff's injury. Case: Barnett v. Chelsea & Kensington Hospital

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Proximate Cause

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Refers to legal cause, or the action from which an injury results as a natural, direct, uninterrupted consequence and without which the injury would not have occurred. Case: Palsgraf v. Long Island Railroad Co.

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Foreseeability

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A concept used to evaluate the probability or likelihood that a particular event will occur in the future as a result of conduct or a set of conditions. Case: Palsgraf v. Long Island Railroad Co.

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Damages

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A sum of money awarded in compensation for loss or injury. Can be classified as compensatory, punitive, nominal, or special damages. Case: Liebeck v. McDonald's Restaurants

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Contributory Negligence

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A rule of law that reduces the amount of damages a plaintiff can recover in a negligence-based claim, based upon the extent to which the plaintiff's own negligence contributed to cause the injury. Case: Butterfield v. Forrester

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Comparative Negligence

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A partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim, contingent upon the degree of the plaintiff's negligence relative to the defendant's. Case: Li v. Yellow Cab Co. of California

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Immunity

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A legal status wherein an individual or entity cannot be held liable for a violation due to the nature of the position or the circumstances of the action. Case: Harlow v. Fitzgerald

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Assumption of Risk

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A defense in tort law under which a person who voluntarily engages in a risky activity may be barred from recovering damages for any injury resulting from the activity. Case: Murphy v. Steeplechase Amusement Co.

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Duty to Report

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The legal responsibility to report certain information, such as knowledge of a crime or a contagious disease, to authorities. Case: Tarasoff v. Regents of the University of California

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Res Ipsa Loquitur

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A doctrine that infers negligence from the very nature of an accident or injury in the absence of direct evidence on how any defendant behaved. Case: Byrne v. Boadle

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Tort

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A civil wrong for which a remedy may be obtained, usually in the form of damages or an injunction. Case: Donoghue v. Stevenson

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In Loco Parentis

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A legal doctrine meaning 'in place of a parent' where an individual or institution assumes parental rights and responsibilities for another individual. Case: Vernonia School District 47J v. Acton

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Mandatory Reporting

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The legal obligation to report certain types of information to authorities, often seen in cases involving child abuse or neglect. Case: DeShaney v. Winnebago County Department of Social Services

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Sovereign Immunity

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The legal doctrine that a sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution. Case: Alden v. Maine

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FERPA (Family Educational Rights and Privacy Act)

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A federal law that protects the privacy of student education records and gives parents certain rights with respect to their children's educational records. Case: Owasso Independent School District v. Falvo

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