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EDU 306 CH 5
Test Description: Liability Issues
Instructions: Answer all questions to get your test result.
1) What legal principle was applied when a school board was found to be liable after a student swung from the monkey bars to a totem pole that had a screw sticking out and got hurt? (Gibbons v. Orleans Parish Sch. Bd. (1980)).
A
Reasonable Care
B
Duty of care
C
Common Law
2) What is the duty for a teacher or counselor to prevent danger to an adolescent, like suicide, by reasonable means, like warning parents?
A
Common law
B
Duty of care
C
Proximate cause
3) Who is liable or directly responsible for a student who was seriously injured by a car while playing in the street after leaving the school building unattended after an early dismissal? (Jerkins ex rel. Jerkins v. Anderson (2007)).
A
Driver
B
Student
C
Parents
D
School board
4) Would the lack of supervision be the proximate cause of a child bumping heads with another during a basketball game?
A
Yes, the teacher should have been supervising the game properly
B
No, the presence of a teacher would not prevent the injury
5) True or false: A student makes his own device to fly during a performance of Peter Pan and gets injured, the student is guilty of contributory negligence. (Penn Harris Madison School Corp. v. Howard (2007)).
A
False, the teachers should have prevented the accident
B
True, the student's own negligence contributed to the injury
6) What laws allow judges to compare the negligence of the plaintiff and the defendant in order to reduce the award?
A
Common law
B
Comparative negligence laws
C
Contributory negligence
7) Does governmental immunity or sovereign immunity pertain to teachers?
A
No, governmental immunity only pertains to the state and its agencies which can not be held liable for employees negligence
B
Yes, teachers are a part of the government so they can use this law as a defense.
8) What kind of damages give an award when a defendant shows malice to the safety of an injured person?
A
Nominal damage
B
Compensatory damage
C
Punitive damage
9) What is an example of an award for nominal damages?
A
$10000
B
$1
C
$100000
D
$1000
10) Why do most cases relating to educational malpractice conclude in the case being dismissed?
A
Courts typically decide that student's negligence of their education is the cause
B
Courts conclude that the teacher's negligence is the proximate cause
C
Courts conclude that the School Boards are to blame
D
Courts refuse to second guess the judgments of teachers as professionals in their decisions for students
11) Who is liable for the violation of a student's constitutional rights (Monell v. Dept. of Social Services of the City of New York (1978))?
A
School districts can be held liable under Section 1983 for violations of students' or teachers' rights
B
The teachers
C
The principle
D
The administration
12) What is the purpose for compensatory damages?
A
To reimburse the injured person for damages such as medical, lost salary, and other costs
B
To punish the defendant for their wrongdoing
C
To pay the plaintiff
D
To pay for the rest of the defendant's lawyer
13) True or false: Each state protects an individual reporting child abuse based on the good faith standard.
A
False, teachers should never report a case of child abuse
B
True, each state requires teachers and other school employees to report suspected child abuse
14) True or false: A school board and superintendent would be liable for the continued employment of a teacher who sexually abused a student (Sch. Bd. of Orange County v. Coffey (1988)).
A
True, employers can be liable to employees when they are negligent to hiring or the retainment of an employee
B
False, the employee is liable for their actions
15) Who is the prevailing party?
A
The lawyers
B
The jury
C
The loser of the lawsuit
D
The winner of the lawsuit
16) Who is liable when a student suffers from mental anguish that was related directly to a teacher's actions by pretending to hang the student's friends? (Spears v. Jefferson Parish Sch. Bd. (1994)).
A
The teacher is liable in this case for directly causing the emotional injury
B
The other students
C
All of the above
D
The parents
17) What does NOT constitute as an injury that can be award in court?
A
Reduced academic requirements
B
Rent and other monthly fees unrelated to the injury
C
Impairment of reputation
D
Financial loss
18) Teachers can be dismissed for what reasons?
A
Willful misconduct
B
All the above, school boards have a wide discretion for dismissal of teachers
C
Neglect of duty
D
Good and just cause
19) True or false: Personal humiliation of a teacher by a student who claimed they shared a numerous amount of sexually explicit email messages led to the student being liable. (Wagner v. Miskin (2003).
A
True, the student was liable for the personal humiliation and reputation
B
False, the school board was liable
20) Who is liable if a student is body slammed and choked by a teacher? (P.B. v. Koch (1996))
A
The teacher
B
The janitor
C
The student
D
The school board
*select an answer for all questions
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