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REC 440 > Test 1 > Flashcards

Test 1 Flashcards

1
Q

What is law?

A

“A body of rules of action or conduct prescribed by controlling authority, and having binding legal force”

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2
Q

Law is _______, _________, constantly ________ and evolving

A

abstract, living, constantly changing, and evolving

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3
Q

Law provides _________, accountability, _________justice, ______

A

predictability, accountability, justice, protection

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4
Q

Law v. Justice

A

justice is interpreted differently by people

influenced by education, social class, upbringing

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5
Q

4 Types of Law

A
  • common law
  • constitutional law
  • statutory
    (statutory&constitutional: voting systems change both of these)
    -administrative
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6
Q

Statutory Law

A
  • originating from and passed by legislative bodies,
  • only valid for the area governed by that entity
  • used by all forms of gov. (zoning, advertising, taxes etc.)
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7
Q

Constitutional Law

A
  • laws in US constitution,

- each state also has constitution

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8
Q

Common Law

A

-cases have been resolved by various courts

sets precedent

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9
Q

Prededent

A

creates boundaries which future cases must be decided
- once precedent has been decided in higher court, all future lower courts in that jurisdiction must rely on the prior decision

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10
Q

Administrative Law

A

laws that are developed, adopted, and enforced by gov. responsible for managing specific gov. agencies
(NLRB, OSHA)

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11
Q

Statutory law are enacted by:

A
  • introducing bill
  • moving from House to Senate
  • Compromise
  • Governor
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12
Q

Court System

A

-Federal
-State
-Administrative
(authority, procedures, and disputes are diff in each court system)

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13
Q

State Court

A

-jurisdiction to hear a case if it involves event that occurred w/in state
(breach of contract, personal injury, real estate transaction)

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14
Q

Federal Court

A
  • citizens of diff states

- questions involving constitution or federal law

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15
Q

Administrative Courts

A
  • created by congress or state legislation

- both create and enforce their own rules

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16
Q

Criminal Courts

A
  • based on type of cases they hear
  • only resolve criminal matters where ppl bring charges against individuals who violate law (misdemeanor or felony)
  • represented by public prosecutor
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17
Q

Civil Court

A

resolve cases between

  • individuals
  • corps
  • businesses
  • orgs
  • gov units involving noncriminal matters
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18
Q

criminal law

A

free society from harmful conduct

  • prevent injury to health, safety, morals
  • beyond reasonable doubt
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19
Q

Civil law

A

goal is to compensate the wronged party

- “Preponderance of the evidence”

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20
Q

Plaintiff

A

brought suit

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21
Q

Defendant

A

party being sued or tried

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22
Q

statute of limitations

A

suit must be filed within certain time period

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23
Q

Complaint

A

describes key facts of the situation

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24
Q

Discovery

A

used as a means to find out what is known about the incident or damages

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25
Q

Deposition

A

answering questions under oath related to case

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26
Q

Motion for summary judgement

A

brought when a party concludes the facts are in their favor and they should win w.out going to trial
(used when there are no disputable facts)

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27
Q

Torts

A
  • unintentional (did not mean to injure individual, but injury occurred)
  • intentional (one intends to injure another, willful and wonton)
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28
Q

Negligence

A

unintentional tort that injures an individual in person, property, or reputation (primarily state law)
-most lawsuits in rec is based in negligence liabilty

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29
Q

Negligence in the form of:

A
  • omission: something one should have done, but did not

- commission: something that one did do, but should not

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30
Q

4 elements of negligence

A
  • duty
  • the act (breach of duty)
  • proximate cause
  • damage or harm
  • all must be present to be held liable for injury
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31
Q

Duty

A

relationship between program and participant

  • gives rise to an obligation to protect individual from unreasonable risk
  • society based
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32
Q

3 origins of Duty

A
  1. relationship inherent: relationship is obvious
  2. voluntary assumption: relationship established by voluntary action when no inherent relationship existed (rescue, volunteer coach)
  3. statutory/statutes: relationship set forth by statutes (employment, first aid situations)
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33
Q

Only protect when a risk is __________

A

foreseeable

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34
Q

Nature of duty to protect determined by 3 categories:

A
  • invitee
  • licensee
  • trespasser
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35
Q

Breach of Duty

A

occurs when act is not accord with that required by professional standards

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36
Q

2 types of risk under breach of duty

A
  1. inherent- risk a part of activity (if risk was eliminated it would alter sport)
  2. negligent behavior- conduct is not in accord w/ standard of care professional should subject participant to
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37
Q

2 types of negligence

A
  • ordinary: failed to act w/ reasonable care and lack of ordinary diligence
  • gross: heightened degree of carelessness, act done w/ utter unconcern for safety of others
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38
Q

Gross Negligence

A

-waivers nor immunity laws protect from liability

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39
Q

Gross v. Ordinary Negligence

A
  • no ONE definition
  • no foolproof set of criteria to distinguish the two
  • open to interpretation
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40
Q

4 elements to determine gross negligence

A
  1. intentional failure to perform duty but conscious intent to harm
  2. aware that conduct will create risk
  3. knowledge of acts that should have given appreciation of the extent of the risk of harm
  4. creation of extreme risk as measured by probability of risk of harm
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41
Q

Do rec cases usually reach gross negligence?

A

No

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42
Q

Standard of Care

A

requires professional
is situation-determined (depends on activity, participants, environment
-established by statute, ordinance, regulation
ex: red cross first aid

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43
Q

If no published standards of care are provided:

A

practices of the profession are the norm

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44
Q

Provider must be aware of ____ and ____ participants need to safely participate in activity

A

skills, abilities

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45
Q

Provider must be aware of ______ of participants and understand how to work with them in activity

A

character

  • experience or novice
  • disabled, emotionally distressed
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46
Q

Proximate cause negligent

A

conduct must be the substantial factual cause of injury

-act did not meet standard of care (does not mean defendant is liable)

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47
Q

compensable injuries

A
  • economic loss
  • physical pain and suffering
  • emotional stress
  • physical impairment
  • more important: the amount of injuries and who should pay
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48
Q

3 parties liable

A
  • employee
  • administrative
  • corporate
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49
Q

both employees and supervisory personnel are liable for their own negligence

A

True

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50
Q

Employer/corporate is liable for injury caused by negligent act of the employee (if they are acting in the scope of their authority)

A

True

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51
Q

Immunity

A

sovereign/governmental: protects public corporate entity but not its employees (varies by state)

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52
Q

Liable: administrative personnel

A

individually liable for own negligent conduct, not liable for negligent subordinates

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53
Q

5 categories of administrative duties

A
  1. to employ competent personnel and fire those unfit
  2. provide proper supervision and have supervisory plan
  3. direct program properly
  4. establish safe rules/regulations to comply with policy requirements
  5. remedy dangerous conditions/defective equipment or warn users of dangers
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54
Q

Doctrine of respondeat superior/vicarious liability

A

employee negligence is imputed to corporate entity if they were acting w/in scope of their responsibility and if act was not gross

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55
Q

if employees commit ordinary negligence while engaged in furtherance of employer’s enterprise both parties are liable

A

True

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56
Q

ultra vires acts

A

acts beyond scope of responsibility and authority of employee
(this relieves corporate entity of liability via respondeat superior)
**exception: when corp knew about it

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57
Q

4 contracts that limit corporate liability

A
  • leasing facilities (premise or activity related?)
  • independent contractors (referees, yoga instructor)
  • indemnification (one party agrees to restore loss to another on occurrence of anticipated loss)
  • waivers
58
Q

inherent risk

A

integral part of the activity (football, skiing)

59
Q

NO negligence =

A

NO liabilty

60
Q

primary assumption of risk

A

voluntary participants assume risk of activity (NOT risk of negligence)

61
Q

3 elements needed to use primary assumption of risk defense:

A
  1. risk must be inherent in the sport
  2. voluntary consent of participant
  3. participant must know, understand, and appreciate risks
62
Q

secondary assumption of risk

A

(contributory negligence)

voluntary choice of participant to encounter risk created by service provider

63
Q

When secondary assumption of risk will occur

A
  1. participant voluntarily participates when there is a substantial risk that the defendant will act in a negligent manner (skiing with someone that goes out-of-bounds)
  2. Service provider has already been negligent and the participant takes part anyway (playing on a poorly maintained field)
  3. Participant fails to follow rules or heed warnings
64
Q

sovereign & government immunity

A

judicial doctrines that prevent one from filing suit against the government

  • public agencies can be sued only if they give consent
  • does NOT protect wanton and willful or reckless behavior
65
Q

waivers

A

participant agrees to relinquish right to pursue legal action against service provider in the event that negligence of the provider results in an injury to the participant.

66
Q

informed consent

A

contract used to protect the provider from liability for the informed risks of a treatment to which the signer is subjected.

67
Q

agreement to participate

A

document the informs recreation participants of:

  • nature of activity
  • risks to be encountered
  • behavior expected
  • more info than a waiver
68
Q

facility lease agreements

A

activity or premise related

69
Q

equipment rental agreement

A

Agreements-protect the renter from liability for a negligence related injury by the user.

70
Q

Independent Contract for Service

A

agreement between corporate entity and an individual that performs a service.

71
Q

immunity

A

category of defense against liabilty

72
Q

6 types of immunity

A
  • sovereign
  • charitable
  • recreational user
  • sport volunteers
  • good Samaritan acts
  • statutory assumption of risk
73
Q

limitations to sovereign/gov immunity

A
  • it applies only to gov entities

- does not extend to officers, agents,employees of governing entity

74
Q

Tort Claims Acts

A

1946, intent of waiving sovereign/gov immunity

-

75
Q

Charitable Immunity

A

relieves or immunizes charitable orgs from liability for tort
-has been repealed or limited in most states

76
Q

Recreational user immunity

A

provide protection for the private property-owner against lawsuits by parties injured while on the landowner’s property for recreational purposes.
(private landowners,land is under developed and in rural in nature, landowner cannot charge a fee to use property

77
Q

volunteer immunity

A
  • encourage people to volunteer for nonprofits
  • immune from ordinary negligence
  • volunteer protection act 1997
78
Q

good samaritan statutes

A

provide immunity for those who voluntarily and gratuitously come to the aid of injured persons

79
Q

6 categories of statutory assumption of risk

A
  1. equine liability statutes
  2. ski statutes
  3. skating statutes (roller skating, skateboard etc)
  4. statutes pertaining to other activities
  5. general rec and sport statutes
  6. hazardous rec activity statutes
80
Q

emergency care

A

Provision of medical assistance to an injured person in an urgent, immediate, or unexpected circumstance.

81
Q

most court jurisdictions have held that there is a duty to prepare for emergency care ______ emergencies occur

A

BEFORE

82
Q

4 elements of emergency care

A
  • emergency planning
  • appropriate personnel/injury assessment
  • adequate equipment/certifications
  • implementation of emergency procedures
83
Q

how to develop and Emergency Response Plan (ERP)

A

review each foreseeable emergency seperately then develop a plan

84
Q

3 roles of emergency care personnel

A
  • charge person: assumes responsibility and has training
  • call person: calls and meets emergency personnel
  • control person: responsible for keeping people away from the scene
85
Q

AED

A

automated external defibrillator

-portable, electronic device that non-medical personnel use to treat persons in cardiac arrest

86
Q

2 primary issues with AEDs

A
  • which facilities are required by law to have one?

- is immunity granted to those using and AED in an emergency?

87
Q

all states DO provide some immunity for non-medical personnel using AEDs

A

True

88
Q

issues with youth sports and emergency care

A

volunteers make it hard to identify those with certificates

**still must be a plan for emergencies

89
Q

campus rec centers don’t need to have ERP for every activity

A

False

90
Q

3 elements of emergency care to minimize legal liability

A
  1. plan for emergency care situations
  2. provide a risk assessment of the activity
  3. ensure there is adequate and qualified personnel available in the delivery of these services
91
Q

__% of negligence cases involving programmatic situations allege lack of supervision or improper supervision

A

80%

92
Q

nonnegligent supervision

A

participants should receive proper instruction and preparation including basic rules and procedures, suggestions for proper performance, and identification of risks

93
Q

3 sources of duty to supervise

A

-duty inherent in the situation
-voluntary assumption of duty
- duty mandated by law
-

94
Q

Duty to supervise: Inherent in the situation

A

relationships that require the defendant organization to exercise reasonable care for the protection of participants under its supervision

95
Q

duty to provide transporation

A
  • must be safe regardless of mode of travel

- duty begins at point of departure and continues until participants have been returned

96
Q

4 ways to provide transportation

A
  • independent contractor (common: airline business and private: limo)
  • organization’s vehicle
  • employee vehicle
  • non-employee vehicle
97
Q

Duty to supervise: No Duty

A
  • use of undeveloped land
    -playgrounds
    -school grounds after hours
    -public beaches
    -nature trail
    Only liable if agency VOLUNTARILY assumes duty
98
Q

Duty to supervise rises from 3 sources

A
  • duty inherent in situation
  • voluntary assumption of duty
  • duty mandated by law
99
Q

nonnegligent supervison

A

supervisors taking action to prevent reasonably foreseeable injuries to participants

100
Q

when supervisors leave __________ alone they may be liable for ___________ supervision

A

participants, negligent

101
Q

types of supervison should be determined based on ______, _____, experience, ______, and physical condition of participants and the activity involved

A

age, skill, experience, judgment, and physical condition

102
Q

general supervision

A

overseeing individuals/groups involved in an activity and does not require constant, unremitting scrutiny of the activity or facility

103
Q

specific supervision

A

constant and continuous, more appropriate for small groups or individuals receiving instruction, involved in high-risk activities, or using areas that have the potential for serious injury.

104
Q

transitional supervision

A

changes from specific to general depending on:

  • Participants need for instruction
  • Ability to perform certain activities
  • Use of equipment
  • Involvement with others
  • Use of the facility
105
Q

when is specific supervision required?

A

when a situation is dangerous

supervisors need to identify dangerous activities and intervene

106
Q

qualifications of supervisors

A

regular, full-time employees w/ appropriate qualifications and undergo staff development to improve skill and knowledge

107
Q

How many supervisors should be around

A

depends on activity

108
Q

6 primary duties of supervision

A
  • Effective Planning
  • Proper Instruction
  • Warning of Risks
  • Providing a Safe -Environment
  • Evaluating the Physical & Mental Condition of Participants
109
Q

most important element of proper supervision

A

-Should prepare for all foreseeable dangers or risks
-should address the: who, what, where, when, how of both facilities and supervisory plans.
-Liability issues:
Failure to prepare a plan, deviating from a plan, creating a hazardous plan

110
Q

plans should be:

A
  • in writing
  • be specific
  • be evaluated regularly
111
Q

Supervisors have a duty to warn of all inherent risks associated with the activity.

A

True

112
Q

Dangerous activities mandate a higher degree of supervision than others.

A

True

113
Q

least _______ exists with the use of an independent contractor for transportation

A

liability

114
Q

Greatest transportation liability with use of ______ vehicles

A

private

115
Q

2 types of independent transportation contractors

A

common carrier - business of transporting (airline)

private carrier- only hires out to deliver goods in particular cases

116
Q

agencies can be held liable if the organization is negligent in its selection of an independent contractor

A

TRUE

117
Q

when hiring independent contractor

A
  • verify liability insurance
  • proof of insurance on vehicle
  • age of equipment, company safety record
118
Q

organization-owned vehicles

A
  • most common means of transporting
  • responsibility for safe transportation
  • duty to provide safe vehicles/qualified drivers
119
Q

Both driver and organization can be held liable for the negligence of the driver

A

TRUE

120
Q

state law controls schools rights to transport students to activities other than classes

A

TRUE

121
Q

Privately owned vehicles

A 
owned by both employee/non-employees
-parents
-volunteers
-participants
(liability is retained by org.)
122
Q

when is a principal-agent relationship established?

A

when an employee uses their car as part of employment

org can be liable through vicarious liability

123
Q

Principal-agent relationship is created with nonemployee vehicles

A

TRUE

124
Q

2 other transportation issues

A

state codes: volunteer coaches

Worker’s comp: applicable if hurt in accident

125
Q

_____________ of travel and hospitality make law unique and more complex

A

interconnectivity

126
Q

duty to a guest

A
  • guest is an invitee

- is owed clean/safe accommodations

127
Q

overbooking: contract law

A

hotel reservation is a contract that binds the hotel to providing accommodations
-hotels that overbook can incur liability

128
Q

is there a limit for liability of guest property loss?

A

yes, hotels liable for loss only up to a maximum amount (often $1,000)

129
Q

statutes hotels must follow

A
  1. Hotel must provide a safe available for guest property
  2. The hotel must post notices communicating the availability of safes.
  3. The hotel must communicate to guests that their liability for lost or stolen property is limited.
  4. The hotel must communicate the maximum recovery amount allowed.
130
Q

Hotel is liable under common law for the full amount of the lost or stolen property if the statues are not followed.

A

true

131
Q

bailment

A

Delivery of goods by one to another with the expectation the property will be returned in the same condition it was received. (valet)

132
Q

hotel guests have the right to possession of the room without disruption from staff

A

true

133
Q

if illegal activity is discovered in a room by a hotel employee who is legally in the guest’s room-hotel does not have to notify the police

A

false

134
Q

internet sales

A

impact jurisdiction of legal claims

135
Q

forum non conveniens

A

courts decline jurisdiction if it would be more convenient to bring forth case in another forum

136
Q

Forum selection clause

A

agreement between agency and tourist that litigation must be brought forth in court where the agency is headquartered

137
Q

tariff

A

contract between airline and passenger

138
Q

warsaw convention

A

limits liability for personal injury by airlines operating international flights

139
Q

agency law

A

governed by a combo of contract law and tort law

140
Q

Principal-agent relationship

A

created when both parties agree that the agent has the authority to represent the principal and can enter into contracts on the principal’s behalf

  • Travel Agents
  • Tour Operators
141
Q

administrative laws greatly impact ________ industry

A

hospitality

REC 440 (2 decks)

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