EDU 306 CH 5 Question Preview (ID: 54925)
Liability Issues.
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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) Common Law
c) Duty of care
d)
What is the duty for a teacher or counselor to prevent danger to an adolescent, like suicide, by reasonable means, like warning parents?
a) Duty of care
b) Common law
c) Proximate cause
d)
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) School board
b) Parents
c) Driver
d) Student
Would the lack of supervision be the proximate cause of a child bumping heads with another during a basketball game?
a) No, the presence of a teacher would not prevent the injury
b) Yes, the teacher should have been supervising the game properly
c)
d)
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
c)
d)
What laws allow judges to compare the negligence of the plaintiff and the defendant in order to reduce the award?
a) Comparative negligence laws
b) Contributory negligence
c) Common law
d)
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.
c)
d)
What kind of damages give an award when a defendant shows malice to the safety of an injured person?
a) Punitive damage
b) Compensatory damage
c) Nominal damage
d)
What is an example of an award for nominal damages?
a) $1000
b) $1
c) $10000
d) $100000
Why do most cases relating to educational malpractice conclude in the case being dismissed?
a) Courts refuse to second guess the judgments of teachers as professionals in their decisions for students
b) Courts conclude that the teacher's negligence is the proximate cause
c) Courts conclude that the School Boards are to blame
d) Courts typically decide that student's negligence of their education is the cause
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 principle
c) The administration
d) The teachers
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 pay for the rest of the defendant's lawyer
c) To punish the defendant for their wrongdoing
d) To pay the plaintiff
True or false: Each state protects an individual reporting child abuse based on the good faith standard.
a) True, each state requires teachers and other school employees to report suspected child abuse
b) False, teachers should never report a case of child abuse
c)
d)
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
c)
d)
Who is the prevailing party?
a) The winner of the lawsuit
b) The loser of the lawsuit
c) The lawyers
d) The jury
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 parents
c) The other students
d) All of the above
What does NOT constitute as an injury that can be award in court?
a) Impairment of reputation
b) Financial loss
c) Reduced academic requirements
d) Rent and other monthly fees unrelated to the injury
Teachers can be dismissed for what reasons?
a) Willful misconduct
b) Good and just cause
c) Neglect of duty
d) All the above, school boards have a wide discretion for dismissal of teachers
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
c)
d)
Who is liable if a student is body slammed and choked by a teacher? (P.B. v. Koch (1996))
a) The teacher
b) The school board
c) The student
d) The janitor
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