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Risk Management > Inverted > Flashcards

Inverted Flashcards

1
Q

A defendant’s defense to a claim that may include assumption of risk, duress, statue of limitations or failure of contract.

A

Affirmative Defense

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2
Q

Language in an agreement designed to make the participant waive or appear to waive any legal rights, or that appears to release the program/provider from liability for negligence.

A

Exculpatory Language

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3
Q

Language that attempts to require a participant to reimburse the provider should another party bring a claim.

A

Indemnity Language

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4
Q

The provider takes the “place of the parent”.

A

In Loco Parentis

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5
Q

Damages may be sought by a spouse whose husband or wife has been hurt or killed by another.

A

Laws of Consortium

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6
Q

“Let the master answer” for the acts of an employee acting within the scope of employment.

A

Respondeat Superior

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7
Q

Refers to the percentage by which awards may be reduced based upon the risk assumed by the participant.

A

Contributory Negligence

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8
Q

Allows a court to determine the defendant’s fault/negligence and the plaintiff’s contributory fault/negligence.

A

Comparative Fault

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9
Q

Wrongdoing against a person who suffers damages

A

Tort

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10
Q

Assault, fraud, slander, misrepresentation.

A

Intentional Tort

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11
Q

Wrong doings based on negligence.

A

Unintentional Tort

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12
Q

Action taken by a party disappointed with the lower court’s ruling, seeking a higher courts review.

A

Appeal

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13
Q

The higher courts treatment of a lower court’s ruling to allow that lower court ruling to stand.

A

Affirm or Approve

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14
Q

The law that applies to private wrongs. Violations result in an award of money – A defendant may be sued, but not incarcerated.

A

Civil Law

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15
Q

The law that applies to public wrongs. This law is defined by federal or state statues. Violations result and incarceration or payment of a fine.

A

Criminal Law

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16
Q

The party who is sued for wrong doing.

A

Defendant

17
Q

The party who brings the lawsuit.

A

Plaintiff

18
Q

To end a lawsuit, sometimes reserving the right to bring it again.

A

Dismiss

19
Q

Risks integral to a recreational activity that cannot be eliminated without destroying the unique character of the activity. Moguls, Whitewater, falling rocks, weather.

A

Inherent Risks

20
Q

Describes the limits of the power of a court to deal with a controversy, or the geographic boundaries of court.

A

Jurisdiction

21
Q

A negotiated resolution of a lawsuit usually before the trial.

A

Settlement

22
Q

A written U.S. law passed by legislature.

A

Statue

23
Q

A ruling of the court disposing of the case, without trial, if the material facts are not disputed and the law clearly favors the party seeking summary judgment.

A

Summary Judgement

24
Q

Failure to exercise reasonable care.

A

Negligence

25
Q

The doing of an act with the absence of even a slight diligence.

A

Gross Negligence

26
Q

Conduct in which the defendant exhibits a conscious disregard for the safety of others. Can involve an element of intent.

A

Willful And Wanton Misconduct

27
Q

An unplanned, potentially dangerous occurrence resulting in injury, property loss or near miss.

A

Accident

28
Q

An incident that did not result in injury, illness or damage, but had the potential to.

A

Near Miss

29
Q

A term applied to the individual or combined assessments of the probability of loss and potential amount of loss

A

Risk

30
Q

An agreement with a participant wherein the participant acknowledges awareness of certain risks inherent in the activity.

A

Assumption of Risk

31
Q

The systematic application of management policies, standards, and procedures to identify, analyze, assess, treat, and monitor risk.

A

Risk Management

32
Q

An obligation to act toward others and the public with the degree of watchfulness and prudence that a reasonable person in similar circumstances would have.

A

Duty of Care

33
Q

Established rules and generally excepted operating procedures, practices, and requirements defined by national associations and leading outdoor organizations.

A

Industry Standard

34
Q

Binding, overarching safety directives designed to influence and determine safety related decisions.

A

Policy

35
Q

The control of recognized hazards to attain an acceptable level of risk.

A

Safety

Risk Management (2 decks)

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