Legal Aspects Final Flashcards by Mariah Wagner

Goals of Risk Management

prevent medical emergencies

Respond properly to medical emergencies

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Two main types of risks in risk management

health risks (cardicac arrest, stroke)
Injury risks- inherent or negligent (cuts, back injuries, etc)

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Risk Management def

management strategy to maintain greater control over the legal uncertainty that may wreak havoc on a sport business

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Risk management decision making process

assessment
Development
treatment
Evaluation

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What are the risk categories

public liability caused by negligence
public liability excluding negligence
property exposure
business operations

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what is public liability caused by negligence

injuries that occur to participants
occurs when an employee is negligent in performing his/her duties

Leaving a client unattended during rock climbing session
not completing safety checks

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What is public liability excluding negligence

malpractice by personnel
product liability
intentional torts
employment practices
sexual harassment
civil liberty violations

Firing someone based on gender
Lack of maintenance/inspection

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What is property exposures?

Financial risks related to ownership
Natural elements
Vandalism
Theft

Fire occuring in building

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what is business operations?

business interruption
embezzlement and theft
medical conditions of employees
employee accidents and injuries

somoene filing workers comp. because they fell off a ladder

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How do you classify a risk?

frequency- high, med, low

Severity- catastrophic, critical, moderate, low

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What are the steps for developing the risk management plan?

identify the risks
classify the risks
select methods of treatment for risks

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What is avoidance/elimination?

Avoid- not included

elim- should be discontinued

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What is retention?

Keep risks and assume financial responsibility for certain injuries or financial losses that may occur.
May be less expensive than buying insurance

University retains the risk of loss to fences and signs

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what is reduction?

most important
proactive
reduce the chance for injury and litigation

Use of alarms on doors to reduce risk of theft

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what is transfer?

Shifting liabilty to another party

Waiver
Insurance coverage

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Step for managing the risk management plan

hire or selct a risk manager and a risk management committee
provide the risk manager or committee with the authority to lead
Provide employees with opportunity for continual input
evaluate the plan annually

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How do you implement the risk management plan?

involve all employees in process
use printed guidelines outlining risk reduction techniques
utilize a sound training program

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What are the benefits of risk mgmt?

reduction of legal liability
increases efficiency of daily operations
enhanced quality of programs and services

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What is the age discrimination in employment act 1967?

40+ are protected

cannot refuse to hire based on age
reducing wage due to age
have different benefits

Exeption: legal forced retirement of bus drivers, firefighters, police officers

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What is the civil rights act of 1964?

prohibits discrimination based on race, color, national origin, religion, sex.

What is the equal pay act of 1963?

Prohibits pay discrepancy when skills and education are equal.

What are the types of supervision?

general- overseeing activity which does not require constant scrutiny- playground, weight room
specific- constant and continuous. More dangerous the activity- closer supervision.–High-risk activity, beginners
transitional- back and forth between the two

What are the six duties of supervision?

effective planning 
Proper instruction
Warning of risks
Provision of a safe environment
Evaluation of physical and mental conditions fo participants
providing emergency care

What are some special considerations for supervision?

age- higher level of expectations when working with children
experience- must make sure participants can handle exercises
special populations- disabled
size- mismatching
Dangerous activities

What is the timeline for the duty to provide transportation?

starts at departure point and ends at the same location when returned

What are some transportation options?

independent contractor, org. owned vehicle, employee vehicle, non-employee vehicle

What is the fifth amendment?

No person shall be deprived of life, liberty or property without due process of law

What is the fourteenth amendment?

Nor shall any state deprive any person of life, liberty, or property without due process of law

What does due process do?

protects and enforces private rights

What are the goals for due process?

Fair procedures | Fair treatment

What are the steps for due process analysis?

starting point is state action what right has been deprived? how was the due process right violated?

What are substantive rights?

General rights that reserve to the individual the power to possess or to do certain things, despite the government's desire to the contrary. Freedom of speech and religion

What are procedural rights?

Special rights that dictate how the government can lawfully go abou taking away a person's freedom or property or life, when the law otherwise gives them the power to do so

What are the aspects of due process (fundamental fairness)

provide notice of the charges against you be able to show that there is non-vague standard of conduct which you are accused of violating Provide you with with an opportunity to rebut their charges against you in a meaningful way and at a meaningful time establish- at a mininum- that there is substantial and credible evidence supporting its charges Provide some explanation to the individual for the basis of any adverse finding.

What are some of the rights an individual has for the basis of any adverse finding

Elevated burden of proof that the government must satisfy right to counsel right to a pre-deprivation hearing right to cross-examine witnesses right to have a neutral person review an adverse decision right to recover compensation for a wrongful deprivation right to be present when adverse evidence is presented to the fact-finder

What are the elements required to establish defamation claim?

a false and defamatory statement of fact publication to a third party fault or negligence of the publisher damage or actual injury

burden of proof for a public figure

statement was made with actual malice

burden of proof for private figure

statement was published negligently. lower burden of proof

Slander def

defamatory comments made orally

libel def

defamatory comments, photographs, or cartoons made in print

what are the three groups that individuals are categorized into in defamation cases?

public officials public figures private figures

What is a public official?

someone who works for a government and draws a salary from the public payroll

what does actual malice mean?

comment is made with knowledge that it was false or with reckless disregard of whether it was false or not

what is a public figure?

an individual, who because of their activities, command sufficient continuing public interest.

What is the limited purpose public person?

an individual who is drawn into a particular public controversy and thereby becomes a public figure for a limited range of issues Has local recognition and constant media coverage on a local level

What is a private figure?

and individual who is not involved in public issues or employed as a public official.

What are the defenses to defamation?

truth | privalege-fair comment

What is fair comment?

form of qualified privilege applied to news media publications. Relating to a discussion of issues that are of concern to the community because they affect the interests of the whole community

What are the two types of damages in a defamation case?

special damages- reflect actual pecuniary losses as a direct result of the defamatory comments (lost wages or business) general damages- reflect non-quantifiable damages (damage to reputation)