Vocabulary

Question 1

Affirmative Defense

Answer 1

A defendant’s defense to a claim that may include assumption of risk, duress, statute of limitations or failure of contract.

Question 2

Exculpatory Language

Answer 2

Language in an agreement designed to make the participant waive or appear to waive any legal rights, or that appears to release the program/provider from liability for negligence.

Question 3

Indemnity Language

Answer 3

Language that attempts to require a participant to reimburse the provider should another party bring a claim.

Question 4

In Loco Parentis

Answer 4

The provider takes the “place of the parent”

Question 5

Laws of Consortium

Answer 5

Damages may be sought by a spouse whose husband or wife has been hurt or killed by another.

Question 6

Respondeat Superior

Answer 6

“Let the master answer” for the acts of an employee acting within their scope of employment.

Question 7

Contributory Negligence

Answer 7

Refers to the percentage by which awards may be reduced based upon the risk assumed by the participant.

Question 8

Comparative Fault

Answer 8

Allows a court to determine the defendant’s fault/negligence and the plaintiff’s contributory fault/negligence.

Question 9

Tort

Answer 9

A wrong doing against a person who suffers damages.

Question 10

Intentional Tort

Answer 10

Assualt, fraud, slander, misrepresentation

Question 11

Unintentional Tort

Answer 11

Wrong doings based on negligence.

Question 12

Appeal

Answer 12

Action taken by a party disappointed with the lower court’s rulings, seeking a higher courts review.

Question 13

Affirm or Approve

Answer 13

The higher courts treatment of a lower court’s ruling to allow that lower court ruling to stand.

Question 14

Civil Law

Answer 14

The law that applies to private wrongs. Violations result in an award of money- a defendant may be sued, but not incarcerated.

Question 15

Criminal Law

Answer 15

The law that applies to public wrongs. This law is defined by federal or state statutes. Violations result in incarceration or payment of a fine.

Question 16

Defendant

Answer 16

The party who is sued for wrong doing

Question 17

Plaintiff

Answer 17

The party who brings the lawsuit.

Question 18

Dismiss

Answer 18

To end a lawsuit, sometimes reserving the right to bring it again.

Question 19

Inherent Risks

Answer 19

Risks integral to a recreational activity that cannot be eliminated without destroying the unique character of the activity. Moguls, whitewater, falling rocks, weather.

Question 20

Jurisdiction

Answer 20

Describes the limits of the power of a court to deal with a controversy, or geographic boundaries of a court.

Question 21

Settlement

Answer 21

A negotiated resolution of a lawsuit usually before trial.

Question 22

Statute

Answer 22

A written U.S law passed by legislature

Question 23

Summary Judgment

Answer 23

A ruling of a court disposing of a case, without trial, if the material facts are not disputed and the law clearly favors the party seeking summary judgment.

Question 24

Negligence

Answer 24

Failure to exercise reasonable care

Question 25

Gross Negligence

Answer 25

The doing of an act with the absence of even slight diligence

Question 26

Wilful and Wanton Misconduct

Answer 26

Conduct in which a defendant exhibits a conscious disregard for the safety of others. Can involve an element of intent.

Question 27

Accident

Answer 27

An unplanned, potentially dangerous occurrence resulting in injury, property loss or near miss.

Question 28

Near Miss

Answer 28

An incident that did not result in injury, illness or damage, but had the potential to.

Question 29

Risk

Answer 29

A term applied to the individual or combined assessments of the probability of loss and potential amount of loss.

Question 30

Assumption of Risk

Answer 30

An agreement with a participant wherein the participant acknowledges awareness of certain risks inherent in the activity.

Question 31

Risk Management

Answer 31

The systemic application of management policies, standards, and procedures to identify, analyze, assess, treat, and monitor risk.

Question 32

Duty of Care

Answer 32

An obligation to act toward others and the public with the degree of watchfulness and prudence that a reasonable person in similar circumstances would have.

Question 33

Industry Standard

Answer 33

Established rules and generally accepted operating procedures, practices, and requirements defined by national associations and leading outdoor organizations.

Question 34

Policy

Answer 34

Binding, overarching safety directives designed to influence and determine safety related decisions.

Question 35

Safety

Answer 35

The control of recognized hazards to attain an acceptable level of risk.