criminal law intentional act against the public at large arrest made punishment is handed out ...
TRANSCRIPT
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Criminal Law
Intentional act against the public at
large
Arrest made
Punishment is handed out
Examples????
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Tort law
Wrong or twisted Deals with civil issues Intentional or unintentional Leads to lawsuits Anyone can be sued for anything at
anytime Examples…..
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Planning issues -
Activity space -
Supervision -
Equipment -
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“Someone is at fault, that this fault has caused injury or loss to another, and that someone is legally responsible.” (Gallahue & Donelly, 2003; p398)
Three ways a teacher can be held liable:1.2.3.
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Failure on the part of an individual to act in a manner judged to be reasonable, careful, and prudent (the greater the risk the greater the responsibility)
Established duty: Duty of care Breach of Duty Proximate Cause Damages
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Duty exists when participants:
1.2. 3. 4. 5.
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Act: Actions of a person in light of the duty owed
Standard of care: Hazard free environment Safe equipment Safe facilities Safe surroundings
Have to act like a reasonable & prudent person
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How do we measure these?
Prudent (marked by wisdom, good judgment)
1.
2.
3.
4.
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How do we measure these? Reasonable
1.
2.
3.
4.
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How to measure reasonable behavior (1 of 4)
1. Foreseeability
Ability to foresee that a
dangerous situation could
happen
A.
B.
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How to measure reasonable behavior (2 of 4)
2. Acts of omission/nonfeasance
Teacher doesn’t do something they
should
A.
B.
C.
D.
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How to measure reasonable behavior (3 of 4)
3. Acts of commission/misfeasance
Teacher does something he/she
shouldn’t have
1.
2.
3.
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How to measure reasonable behavior (4 of 4)
4. Malfeasance: committing an illegal act
Failure to comply with regulations A.
B.
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Actual cause of the injury or damage
No intervening acts
Example Teacher failed to inspect teaching area,
student stepped in hole
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Physical Injuries
Emotional/mental damage
Economic damage
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No negligence: at least one of the four criteria could not be established
Contributory Negligence:
Age of student; training of teacher Comparative Negligence
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Act of Nature: something completely unexpected happens that is totally beyond your control
Statute of limitations 1-3 years to file
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Ignoring mandated legislation A. B.
Improper instruction A. B. C. D.
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Inadequate supervision 1.
2.
3.
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Failure to provide a safe environment 1.
2.
3.
4.
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Minimize the undesirable risks and dangers associated with an activity.
3 methods to manage risk Eliminate the risk
Reduce the risk
Accept the risk
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Safe Equipment Safe Facilities Safe Surroundings Supervision Planning & conduct