Liability- School Law Question Preview (ID: 40960)
EDU 306 Liability Test.
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The case of Sheehan vs. St. Peter's Catholic School in 1971 resulted in the school and teacher being sued for a lack of what?
a) Comparative Negligence
b) Reasonable care
c) Educational malpractice
d) Duty of Care
The 1999 case of Davis v. Monroe County Board of Education is an example a court determining that a teacher or school can be held legally accountable or responsible for causing harm to another student or teacher is called?
a) Liable
b) Proximate cause
c) Educational malpractice
d) Comparative negligence
The case of Eisel v. Board of Education of Montgomery County Maryland in 1991 brought up which concept?
a) Proximate Cause
b) Willful conduct
c) Duty of Care
d) Good faith standard
The most common type of damages awarded by courts based on winning payment to cover medical expenses, lost salary, and other provable costs incurred as a result of the defendant's negligence is called?
a) Punitive damages
b) Nominal damages
c) Willful conduct
d) Compensatory damages
According to the court in the 1972 case of Mancha v. Field Museum of National History, a teacher's duty does not depend only on forseeability. What other factors did the judge need to consider?
a) The amount of travel, the reason for the field trip, and the amount of time spent at the museum
b) The likelihood of injury, the magnitude of burden of guarding against injury, and consequences of placing burden on teachers
c) The amount of students on the trip, the city where they are going, and the time of year the trip was planned
d) The reason the other boys were at the museum, when in the day incident occurred, and if Roberto's parents were notified
Damages awarded where defendants have shown malice, aud, or reckless disregard for an injured person's safety or constitutional rights is called?
a) Punitive damages
b) Nominal damages
c) Willful conduct
d) Compensatory damages
A small symbolic award where the plaintiff has been wronged, ut has not been able to show the actual damages is called?
a) Punitive Damages
b) Nominal Damages
c) Willful Conduct
d) Compensatory damages
The 1979 case of Miles v. School District No. 138 of Cheyenne County in Nebraska brought about the idea of contributory negligence which indicates which of the following?
a) The teacher and/or school is fully liable even if the student's own negligence was the cause of injury
b) If a student's own negligence contributed to the injury, a plaintiff cannot recover damages for the injury
c) The court order states that the student could not be held accountable for any type of negligence
d) Teachers have to know exactly what students are thinking and going to do beforehand at all times
Comparative negligence is the result of what?
a) The amount of negligence between the plaintiff and the defendant
b) The amount of money awarded based on the percentage of negligence minus the plaintiff's negligence
c) If the negligence is equal to or greater on the plaintiff's behalf, then the court will award nothing
d) All the above
The court dismissed the claim of the student in the 1979 case of Miles v. School Board No. 138 of Cheyenne County in Nebraska and concluded that her contributory negligence was what?
a) Impairment of reputation
b) Mental anguish and suffering
c) Proximate cause
d) Negligent hiring
The common law theory which holds that since the state and its agencies are sovereign, they cannot be sued without their consent and should not be held liable for the negligence of their employees is called?
a) Sovereign immunity
b) Governmental immunity
c) Good faith standard
d) Immunity
Teachers may be dismissed for a variety of reasons including which of the following?
a) Willful conduct
b) Connecting with students
c) Doing a good job
d) Preparing students for life after high school
The common law theory prohibiting individuals from suing states under the ADEA, however, a citizen may sue under the ADEA when the defendant is not the state itself but a lesser entity such as a municipality dependant on each states laws is called?
a) Good faith standard
b) Immunity
c) Governmental immunity
d) Sovereign immunity
B.M. v. State of Montana in 1982 was the first such case where the court awarded damages to the plaintiff based on student misplacement resulting in this?
a) Impairment of reputation
b) Educational malpractice
c) Educational misplacement
d) Personal humiliation
1975 case of Wood v. Strickland brought up two Arkansas students that were unlawfully suspended without due process leading to the court's decision that the actions of school officials involved did not qualify them to immunity under this Section Act?
a) Section 1
b) Section 0
c) Section 1983
d) Section 1993
The result of a school district hiring someone that is not qualified for the job or is an unncessary hire is called?
a) Good faith standard
b) Nominal damages
c) Reasonable care
d) Negligent hiring
The obligation of a school board and a school union bargaining on items such as wages, hours, and other conditions without making unilateral changes without this process is called?
a) Good faith standard/bargaining
b) A reasonable request
c) A nice gesture
d) Not needed
The 2007 case of Lyons v. Estrella Foothills High School was based on plaintiffs or defendants who were determined by the courts to be right and are awarded attorney fees are called?
a) Losing party
b) Prevailing party
c) Bullies
d) Extremely smart
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