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Liability > Final > Flashcards

Final Flashcards

1
Q

How is law created

A

Constitution (fed and state)
Statutes (fed and state)
Court decisions (common law)
Admin agencies

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2
Q

1st Amendment

A

Freedom of speech, religion, and press

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3
Q

4th Amendment

A

Freedom from unreasonable search and seizure (drug test)

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4
Q

Admin Law

A

Agencies created to manage and enforce laws in specific areas; have force of law

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5
Q

Common Law

A

A law established by following earlier judicial decisions (precedent)

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6
Q

Binding Precedent

A

A decision of a higher court that must be followed by lower courts in the same hierarchy

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7
Q

Persuasive Precedent

A

A precedent that a court does not have to follow but can be very influential when determining a case

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8
Q

Jurisdiction

A

Authority of a court to hear and decide a case

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9
Q

Jurisdiction depends on?

A

Parties involved
Issues involved
Money amount involved
Where the events took place

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10
Q

Statutory Law

A

Laws developed and passed by legislative parties; when there is a disagreement on the interpretation of statutory law, courts may be asked to resolve the dispute - which creates common law precedence

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11
Q

Plaintiff

A

One who files the lawsuit

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12
Q

Defendant

A

Defending themselves against the plaintiff

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13
Q

Class Action

A

Lawsuit filed by lots of people - collective

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14
Q

Statute of Limitations

A

The amount of time in which you can file a lawsuit

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15
Q

Motions

A

Requests by either side involved in the lawsuit to take an action in the case

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16
Q

Motion to Dismiss

A

Request to throw the case out or terminate the case to not proceed with the case

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17
Q

Court Decisions

A

Affirmed
Reserved
Remanded

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18
Q

Remand

A

To send back in law - send back to jail or lower court

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19
Q

Tort

A

Civil wrong for which the courts will create a remedy for the damages

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20
Q

Intentional Torts

A

Assault
Battery
Defamation

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21
Q

Unintentional Torts

A

Negligence

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22
Q

Negligence

A

Conduct that is below the legal standard of protection for other people against unnecessary risk of harm

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23
Q

Acts of Commission

A

Doing something you know you shouldn’t do

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24
Q

Acts of Omission

A

Lack of doing something that you should have done

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25
Q

Elements to Prove Negligence

A

Duty
Breach of Duty
Injury or Damages
Proximate Cause

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26
Q

Duty

A

The legal duty to protect the plaintiff from unreasonable risk

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27
Q

Inherent Relationship

A

Duty that comes from a relationship between the two parties

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28
Q

Voluntary Assumption

A

An individual that doesn’t owe legal duty but assumes the duty

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29
Q

Statutory Duty

A

A statue that specifies duty

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30
Q

Inherent Risk

A

NOT a duty to protect against inherent risks of activity that are known or should be known to the plaintiff

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31
Q

Foreseeability

A

The risk has to be something that a reasonable person or professional could have seen coming and try to protect against

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32
Q

Breach of Duty

A

Defendant fails to meet the standard of care

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33
Q

Ordinary Negligence

A

Unintentional breach of legal unreasonable risk of injury, which results in damages

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34
Q

Extreme behavior that is more than ordinary negligence

A

Willful and Wanton Misconduct
Reckless Misconduct
Gross Negligence
Unreasonable conduct that the defendant knew or should have known would create unnecessary risk

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35
Q

Involved employee or service personnel

A

The person who commits the negligent act through direct contact with the plaintiff

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36
Q

Administrative agency or supervisory personnel

A

The person who supervises the negligent employee

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37
Q

Admin or Supervisor - only liable if they fail to perform their duties

A
  • Employ competent staff and fire those who aren’t
  • Provide supervision and a plan for the supervisors
  • direct program/service in a proper manage
  • establish safety rules, enforce them, comply with policy and statutory requirements
  • remedy dangerous conditions and defective equipment (or warn user of possible dangers)
38
Q

Corporate entity/employer or government body

A

Health club owner
Team
School district
League

39
Q

Employees, supervisors, and admin are liable for their own negligent actions

A

Negligent instruction

40
Q

Corporate/employer could be liable under respondent superior for injury resulting from:

A

Ordinary negligence of an employee (if the employee was working in their scope of employment)

41
Q

Interns, volunteers, trainees:

A

Treated similar to employees
Individually responsible for their own negligence
Corp/owner can be vicariously liable for actions if the intern is acting under the scope of the corporation

42
Q

Negligence Standard

A

Participants are held to a higher standard that requires them to protect other participants from unreasonable risk of harm

43
Q

Negligence vs Recklessness Standard

A

Recklessness standard to contact sports
Negligence to non-contact and activities

44
Q

Instructors, coaches, officials

A

When they breach legal duty the negligence standard applies

45
Q

Defense against negligence

A

Ordinary negligence must have all four pieces to be considered negligence

46
Q

Lease Agreements

A

Owners of sport/rec facilities that lease out facility are usually still liable for negligence injuries resulting from the facility, but not liable for activities that are under the control of the person/group leasing the facility

47
Q

Indemnification Agreement

A

The agreement to pay back or reimburse a loss if on occurs at the facility

48
Q

Primary assumption of risk

A

Defendant isn’t liable for injury that the plaintiff does while voluntarily playing and getting injured
- the plaintiff voluntarily exposes themselves to the activity while knowing and appreciating danger

49
Q

Expressed Assumption of Risk

A

Participant in athletic events are required to sign an assumption of risk form before being allowed to practice

50
Q

Implied Assumption of Risk

A

The plaintiff voluntarily proceeds to encounter a known danger

51
Q

3 elements required for a successful defense using Assumption of Risk

A
  • Plaintiff assumes inherent risk
  • Plaintiff must voluntarily consent to exposure to risk
  • Plaintiff must know, understand, and appreciate inherent risks
52
Q

Summary Judgement

A

A ruling by the court that has no trial necessary because some facts are not in dispute

53
Q

Contributory Fault

A

If the plaintiff contributes to all the damages the plaintiff receives nothing

54
Q

Comparative Fault

A

If the plaintiff added to the injury then the fault is distributed to both sides reducing the plaintiffs damage claims

55
Q

Doctrine of Sovereign Immunity

A

The universally accepted principle that each nation has the right to manage its own government and develop its own laws

56
Q

Government Function

A

Where sovereign immunity exists, it usually applies when a state entity is carrying out its government duties for the benefit of the general public

57
Q

Proprietary Function

A

When sovereign immunity exists, it may not provide protection if the state performs for-profit activities that a private entity could do

58
Q

Recreational User Statutes

A

Immunity provided by statute to certain private landowners. These statutes require that the landowner doesn’t charge users a fee and the landowner must warn of hazardous situations

59
Q

Volunteer Immunity Statutes

A

State laws to protect those who volunteer for a nonprofit or government organizations from negligence lawsuits, if the negligence occurred while performing duties under the organizations
- doesn’t apply when it comes to motor vehicles or driving others

60
Q

Waiver

A

A document that shows a person voluntarily gives up a right, claim or privilege to sue provider if provider injures participant through ordinary negligence

61
Q

Waiver must identify:

A

Parties giving up their rights
Parties are protected by the agreement

62
Q

Unintentional tort

(Definition)

A

Negligence - person committing negligence fails to exercise the degree of care required to protect another from unreasonable harm

63
Q

Intentional Tort

(Definition)

A

Person committing the tort intends to do something the law says is wrong

64
Q

Assault

A

Intentional attempt or threat to inflict injury on another with display of present ability to do so that would cause the victim to reasonably fear/expect harm/offensive contact

65
Q

Elements of Assault

A
  • intentional acts by defendant
  • causes reasonable apprehension by paintiff
  • fear of imminent harm or offensive contact
66
Q

Battery

A

Intentional and wrongful physical contact with a person without their consent that entails some sort of injury or offensive touching

67
Q

Elements of Battery

A
  • intentional conduct
  • causes harmful or offensive contact to plaintiff
  • WITHOUT consent
68
Q

Consent

A

Sport participants accept inherent risks but sport participants can be liable for battery for events during the course of the game if the defendant’s actions are: intentional and cause injury beyond what is normally permitted

69
Q

Defenses to Assault and Battery

A
  • failure to establish all required elements of assault or battery
  • defendant acted in self defense
70
Q

Hazing

A

A person who knowingly requires a person in a school, college, university, or other educational institution in their state, for purpose of induction of admission if:
- act is not sanctioned/authorized by that educational institution and
- act result in bodily harm to any person

71
Q

Potential liability for schools and coaches fo r hazing

A

School and AD can be liable if:
- inherent relationship between victims and adults
- breach of duty of care
- vicarious liability depending, schools and officials can use immunity defense

72
Q

Criminal Charges (hazing)

A
  • 44 states criminalize hazing and for some, it is crime to not report it
  • constitutional rights violations: 1st amendment right to free speech
73
Q

Promissory estoppel

A

A doctrine that applies when a promisor makes a clear and definite promise on which the promisee justifiably relies; such a promise is binding if justice will be better served by the enforcement of the promise

74
Q

Standing

A

Legitimate justification for bringing a civil case to court

75
Q

Injunctive Relief

A

Temporary retraining order, preliminary injunction, permanent injunction

76
Q

Temporary Restraining Order

A

Temporary restrains defendant from taking whatever actions are in question or orders the defendant to continue with its actions

77
Q

Preliminary Injunction

A

An order issued early in a lawsuit prohibiting a party from doing something during the course of the lawsuit

78
Q

Permanent Injunction

A

A court order requiring that some action be taken, or that some party refrain from taking action. It differs from forms of temporary relief, such as a temporary restraining order or preliminary injunction

79
Q

Civil Rights Violation

A

Violation of bill of rights

80
Q

Typical civil rights violations in SRM

A
  • 1st Amendment: free speech and religion
  • 4th Amendment: search and seizure
    5th and 14th Amendment: prevents government from discriminating and infringing on citizen’s rights to due process and equal protection
81
Q

State Action

A

Conduct of state actors (government) (not usually NCAA or NFL)

82
Q

Public Function Test

A

Is is performing functions that are typically performed by government

83
Q

Entanglement test

A

Court evaluations extent of governments involvement to private entity and may decide private conduct qualifies as state action if the government is heavily involved, commands, benefits from it

84
Q

Rec clubs and facilities

A

Not state actors

85
Q

High School Athletic Associations

A

State Actor

86
Q

NCAA
NAIA
NJCAA

A

Not state actors

87
Q

College Conferences

A

Could possibly be

88
Q

US Olympic committee

A

Not state actor

89
Q

Pro state leagues or teams

A

Not a state actor

90
Q

Due process

A

Fair treatment through the normal judicial system, especially as a citizen’s entitlement (must be violation of state actor)

91
Q

Lemon Test

A

The 3 part test for Establishment Clause cases that a law must pass before it is declared constitutional: it must have a secular purpose; it must neither advance nor inhibit religion; and it must not cause excessive entanglement with religion

Liability (2 decks)

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