Legal Aspects Definitions Flashcards
Assault
Unlawful And intention force directed at another person
A threat supported by an obvious capability to do harm
Act of God (via major)
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
Assumption of risk
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
Attractive nuisance
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
Battery
The actual use of force involving the unlawful striking, shoving, or touching of another person
Causative factor
A situation that exists and is considered to be the principal cause of an injury
Coercion
Compulsion by physics, force or threat of physical force
Commission
The act of doing or perpetrating
Common law
The body of law derived from judicial decisions, rather than from statutes
Comparative negligence
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
Constitutional law
The body of law deriving from the U.S. Constitution and dealing primarily with governmental powers, civil rights, and civil liberties
Contract
An agreement between two or more person which creates obligations
Contributory negligence
Negligence on the part of the plaintiff judges as having contributed to any negligence attributed to the defendant
Court
A governmental body consisting of one or more judges who sit to adjudicate disputes and as I jäger Justice
Damages
Compensation awarded in payment for loss or damage incurred
Defendant
A person or group defending or denying a claim; the party whom action is brought
Due process of law
Provisions for notice, opportunity to be heard in order to defend In orderly proceeding in court, and the right of appeal
Exculpatory clause
A contract c,a use which releases one of the parties from liability for his/her wrongful acts
Feasance
The doing or execution of an act, condition, or obligation
Foreseeability
The responsibility to anticipate and look ahead and take precaution against potential dangers
Good Samaritan doctrine
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
Immunity
Exemption or protection from certain legal actions; sometimes applicable to governmental units such as school districts
In loco parentis
Acting in place of a parent or guardian
Indemnity
Reimbursement; an undertaking whereby one agrees to indemnify another upon the occurrence of a loss
Liability
Legal responsibility that is enforceable by a court
Liability insurance
Insurance policies that provide for protection against liability claims
Negligence
Failure to act as a prudent person would act by either commission or omission of action
Negligence per se
A form of ordinary negligence that results from violation of a statue
Omission
Failure to do what the law requires
Plaintiff
A person or group who complains or brings suit
Precedent
A previous legal action cited to justify a later legal decision
Product liability
Legal responsibility enforceable by law pertaining to the design and manufacture of equipment and supplies
Proprietary function
A municipality’s conduct that is performed for the profit of benefit of the municipality, rather than for the benefit of the general public
Prudent person
One who acts In a careful discreet, and judicious manner
Respondeat superior
The responsibility of an employer for acts for the employees
Scope of worker responsibility
A legal description of the official duties and responsibilities of a person employed by a school or college
Statute
A legislative act that declares, authorizes, commands, or prohibits something
Statutory law
The body of law derived from statutes rather than from constitutions or judicial decisions
Tort
A civil wrong doing, other than a breach of contract, for which a remedy may be obtained, usually in the form of damages
Tortfeasor
One who commits a tort, a wrongdoer
Ultra vires
Unauthorized: beyond the scope of power allowed or granted by a corporate charter or law
