Legal Terms

Question 1

Negligence

Answer 1

Failure to act as a reasonably prudent athletic trainer would act under the circumstances.

Question 2

Standard of Reasonable Care

Answer 2

assumes that an individual is neither exceptionally skillful nor extraordinarily
cautious, but is a person of reasonable and ordinary prudence .

Question 3

What is a Tort.

Answer 3

a legal wrong, other than breach of contract, for which a remedy will be provided, usually in the form of monetary damages

Question 4

3 Types of Tort

Answer 4

Intentional.
Negligent.
Strict Liability.

Question 5

3 Types of Negligence.

Answer 5

• Nonfeasance / Act of omission
• Malfeasance/ Act of commission
• Misfeasance

Question 6

Sovereign Immunity

Answer 6

states that neither the government nor any individual who is employed by the government can be held liable for negligence

Question 7

Good Samaritan Law

Answer 7

provides limited protection against legal liability to any person who voluntarily chooses to provide first aid

Question 8

5 Components to prove negligence.

Answer 8

• Conduct
• Existence of Duty
• Breach of Duty
• Causation
• Damge

Question 9

Statue of limitations

Answer 9

sets a specific length of time that individuals may sue for damages from negligence (1-3 years to apply for negligence.)

Question 10

Assumption of Risk

Answer 10

Injured Plaintiff understood the risk of an activity and freely chose to undertake the activity regardless of the hazards associated with it.

Question 11

2 Conditions for assumption of risk

Answer 11

1. Athlete must “fully appreciate” the type of magnitude of risk involved in participating in activity.
2. Athlete must “knowingly, voluntarily, and unequivocally” choose to participate in the face of risk

Question 12

What is Medical Insurance.

Answer 12

A contract between policy holder and insurance company to reimburse a percentage of the cost of the policyholder’s bills.

Question 13

What is Health Insurance

Answer 13

More comprehensive, reimburses cost of preventative as well as corrective medical care.

Question 14

What is a Policy

Answer 14

Contract between an insurance company and individual or organization.

Question 15

What are Exclusions

Answer 15

Situations or circumstances specifically not covered by an insurance company.

Question 16

What are Riders

Answer 16

Additions to standard insurance policy that provide coverage for conditions that are not normally covered.

Question 17

What is a Premium

Answer 17

Invoiced cost of the insurance policy.

Question 18

What is a Deductable

Answer 18

Portion of any claim that is not covered by the insurance provider, the amount of expenses that must be paid out of pocket before an insurer will cover any expenses.

Question 19

What is a Copay

Answer 19

Capped contribution defined in the policy and paid by the insured person each time a medical service is accessed. It must be paid before any policy benefit is payable to an insurance company.