Legal Aspects Definitions Flashcards

0
Q

Assault

A

Unlawful And intention force directed at another person

A threat supported by an obvious capability to do harm

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1
Q

Act of God (via major)

A

and unforeseeable or unavoidable accident that is inevitable due to forces of nature and that a supervisor could not have foreseen no matter how prudent

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2
Q

Assumption of risk

A

Acceptance by participants of the fact that an element of risk is inherent in certain activities customarily found in physical education, intramurals, physical activity, and intercollegiate athletics. Voluntary entrance into the situation from which the injury results, with complete knowledge of the risk involved

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3
Q

Attractive nuisance

A

the maintenance on the premises of a condition, equipment, or apparatus that is attractive to young children and dangerous to them because of their inexperience and the inability to appreciate peril

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4
Q

Battery

A

The actual use of force involving the unlawful striking, shoving, or touching of another person

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5
Q

Causative factor

A

A situation that exists and is considered to be the principal cause of an injury

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6
Q

Coercion

A

Compulsion by physics, force or threat of physical force

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7
Q

Commission

A

The act of doing or perpetrating

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8
Q

Common law

A

The body of law derived from judicial decisions, rather than from statutes

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9
Q

Comparative negligence

A

Negligence on the part of both the plaintiff and the defendant is compared and that any damages awarded to the plaintiff awarded on a proportionate basis

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10
Q

Constitutional law

A

The body of law deriving from the U.S. Constitution and dealing primarily with governmental powers, civil rights, and civil liberties

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11
Q

Contract

A

An agreement between two or more person which creates obligations

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12
Q

Contributory negligence

A

Negligence on the part of the plaintiff judges as having contributed to any negligence attributed to the defendant

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13
Q

Court

A

A governmental body consisting of one or more judges who sit to adjudicate disputes and as I jäger Justice

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14
Q

Damages

A

Compensation awarded in payment for loss or damage incurred

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15
Q

Defendant

A

A person or group defending or denying a claim; the party whom action is brought

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16
Q

Due process of law

A

Provisions for notice, opportunity to be heard in order to defend In orderly proceeding in court, and the right of appeal

17
Q

Exculpatory clause

A

A contract c,a use which releases one of the parties from liability for his/her wrongful acts

18
Q

Feasance

A

The doing or execution of an act, condition, or obligation

19
Q

Foreseeability

A

The responsibility to anticipate and look ahead and take precaution against potential dangers

20
Q

Good Samaritan doctrine

A

A person who risks injury or death in attempting to rescue a person in serious peril cannot be charged with contributory negligence providing the rescue is not recklessly made

21
Q

Immunity

A

Exemption or protection from certain legal actions; sometimes applicable to governmental units such as school districts

22
Q

In loco parentis

A

Acting in place of a parent or guardian

23
Q

Indemnity

A

Reimbursement; an undertaking whereby one agrees to indemnify another upon the occurrence of a loss

24
Q

Liability

A

Legal responsibility that is enforceable by a court

25
Q

Liability insurance

A

Insurance policies that provide for protection against liability claims

26
Q

Negligence

A

Failure to act as a prudent person would act by either commission or omission of action

27
Q

Negligence per se

A

A form of ordinary negligence that results from violation of a statue

28
Q

Omission

A

Failure to do what the law requires

29
Q

Plaintiff

A

A person or group who complains or brings suit

30
Q

Precedent

A

A previous legal action cited to justify a later legal decision

31
Q

Product liability

A

Legal responsibility enforceable by law pertaining to the design and manufacture of equipment and supplies

32
Q

Proprietary function

A

A municipality’s conduct that is performed for the profit of benefit of the municipality, rather than for the benefit of the general public

33
Q

Prudent person

A

One who acts In a careful discreet, and judicious manner

34
Q

Respondeat superior

A

The responsibility of an employer for acts for the employees

35
Q

Scope of worker responsibility

A

A legal description of the official duties and responsibilities of a person employed by a school or college

36
Q

Statute

A

A legislative act that declares, authorizes, commands, or prohibits something

37
Q

Statutory law

A

The body of law derived from statutes rather than from constitutions or judicial decisions

38
Q

Tort

A

A civil wrong doing, other than a breach of contract, for which a remedy may be obtained, usually in the form of damages

39
Q

Tortfeasor

A

One who commits a tort, a wrongdoer

40
Q

Ultra vires

A

Unauthorized: beyond the scope of power allowed or granted by a corporate charter or law