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School Liability and Negligence
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Negligence
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
Vicarious Liability
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
Duty of Care
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.
Standard of Care
The degree of care that a reasonably prudent person should exercise under the same or similar circumstances. Case: Vaughan v. Menlove
Breach of Duty
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.
Actual Cause
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
Proximate Cause
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.
Foreseeability
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.
Damages
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
Contributory Negligence
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
Comparative Negligence
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
Immunity
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
Assumption of Risk
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.
Duty to Report
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
Res Ipsa Loquitur
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
Tort
A civil wrong for which a remedy may be obtained, usually in the form of damages or an injunction. Case: Donoghue v. Stevenson
In Loco Parentis
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
Mandatory Reporting
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
Sovereign Immunity
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
FERPA (Family Educational Rights and Privacy Act)
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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