Vocabulary Flashcards
Affirmative Defense
A defendant’s defense to a claim that may include assumption of risk, duress, statute of limitations or failure of contract.
Exculpatory Language
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.
Indemnity Language
Language that attempts to require a participant to reimburse the provider should another party bring a claim.
In Loco Parentis
The provider takes the “place of the parent”
Laws of Consortium
Damages may be sought by a spouse whose husband or wife has been hurt or killed by another.
Respondeat Superior
“Let the master answer” for the acts of an employee acting within their scope of employment.
Contributory Negligence
Refers to the percentage by which awards may be reduced based upon the risk assumed by the participant.
Comparative Fault
Allows a court to determine the defendant’s fault/negligence and the plaintiff’s contributory fault/negligence.
Tort
A wrong doing against a person who suffers damages.
Intentional Tort
Assualt, fraud, slander, misrepresentation
Unintentional Tort
Wrong doings based on negligence.
Appeal
Action taken by a party disappointed with the lower court’s rulings, seeking a higher courts review.
Affirm or Approve
The higher courts treatment of a lower court’s ruling to allow that lower court ruling to stand.
Civil Law
The law that applies to private wrongs. Violations result in an award of money- a defendant may be sued, but not incarcerated.
Criminal Law
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.
Defendant
The party who is sued for wrong doing
Plaintiff
The party who brings the lawsuit.
Dismiss
To end a lawsuit, sometimes reserving the right to bring it again.
Inherent Risks
Risks integral to a recreational activity that cannot be eliminated without destroying the unique character of the activity. Moguls, whitewater, falling rocks, weather.
Jurisdiction
Describes the limits of the power of a court to deal with a controversy, or geographic boundaries of a court.
Settlement
A negotiated resolution of a lawsuit usually before trial.
Statute
A written U.S law passed by legislature
Summary Judgment
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.
Negligence
Failure to exercise reasonable care
Gross Negligence
The doing of an act with the absence of even slight diligence
Wilful and Wanton Misconduct
Conduct in which a defendant exhibits a conscious disregard for the safety of others. Can involve an element of intent.
Accident
An unplanned, potentially dangerous occurrence resulting in injury, property loss or near miss.
Near Miss
An incident that did not result in injury, illness or damage, but had the potential to.
Risk
A term applied to the individual or combined assessments of the probability of loss and potential amount of loss.
Assumption of Risk
An agreement with a participant wherein the participant acknowledges awareness of certain risks inherent in the activity.
Risk Management
The systemic application of management policies, standards, and procedures to identify, analyze, assess, treat, and monitor risk.
Duty of Care
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.
Industry Standard
Established rules and generally accepted operating procedures, practices, and requirements defined by national associations and leading outdoor organizations.
Policy
Binding, overarching safety directives designed to influence and determine safety related decisions.
Safety
The control of recognized hazards to attain an acceptable level of risk.
