Legal and Safety

Question 1

Accountability?

Answer 1

the political right that demands that an individual or institution be held responsible to achieve a specified action

Question 2

Standard?

Answer 2

a uniform criterion or minimum essential element for the measurement of quality

Question 3

Assessment?

Answer 3

a measure of knowledge, skills, and abilities that leads to a value or score

Question 4

Tort?

Answer 4

a private or civil wrong or injury suffered due to another person’s conduct

Question 5

Civil Trials?

Answer 5

plaintiff must prove based on preponderance of evidence (in criminal trials there must be proof beyond reasonable doubt)

Question 6

Negligence?

Answer 6

the legal claim that a person failed to act as a reasonable and prudent person should, thereby resulting in injury to another person.

Question 7

What is required for negligence?

Answer 7

• the presence of a duty
• a breach of that duty
• proximate cause of injury
• substantial nature of the injuries

Question 8

Legal defenses against negligence?

Answer 8

• assumption of risk
• government or sovereign immunity
• contributory negligence (damages are all or none if the injured person was responsible for some of the negligence)
• comparative negligence (apportionment of damages between the (negligent) plaintiff and defendant)

Question 9

Supervision? Specific Supervision?

Answer 9

• is always required when activity is occurring
• is required when a dangerous or high-risk activity is occurring

Question 10

Agreement to Participate?

Answer 10

a signed acknowledgement of a participant’s knowing, understanding, and appreciating the risks associated with a physical activity

Question 11

Waivers?

Answer 11

• are clearly written
• waives right to sue for negligence
• not an agreement to participate

Question 12

Other ways to avoid legal liability?

Answer 12

• Provide instruction in the proper techniques for executing skills.
• Make sure that each participant’s fitness, conditioning, and ability levels are appropriate to the expectations.
• Enforce safety rules and regulations
• When injuries occur, you must respond appropriately.
• Do not use inadequate, poorly fitting, or defective equipment.
• Only qualified people should supervise the physical activity

Question 13

Instructional Guidelines?

Answer 13

• written daily plans that include appropriate content and progression in relation to the development
• daily lesson plans that include proper warm-up, proper instruction, and appropriate practice opportunities
• directions are clear and specific
• never coerce anyone

Question 14

Safety problems created by teachers?

Answer 14

• students use equipment while too close together, activities that put students at risk, students attempting skills that they are not capable of, not taught to control their movements, not taught awareness of others and space, etc.