Foster Quiz 1

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nicoley.collins
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Foster Quiz 1
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2011-02-01 00:05:02
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Quiz 1
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  1. Why do people sue?
    Money, Prevalence of lawyers, it is now more socially acceptable, increased consumerism, more active population, which leads to more injuries
  2. What can be done to decrease lawsuits?
    • 1.educate
    • 2.change attitudes
    • 3.change systems
    • 4.cap monetary rewards
    • 5.Have plaintiff pick up court costs of both parties if they lose the case.
  3. Definition of Law
    A system of principles that tells us how to behave
  4. Sources of Law
    • 1. case law (common law)
    • 2. Constitutions and statutes (also called statuary or code law)
    • 3. Administrative Law
    • 4. executive branch
  5. Stare Decisis (stary-deci-sis)
    A decision has been made
  6. Another name for case law
    common law
  7. Another name for Constitutions and statutes
    statuary or code law
  8. Administrative Law
    laws, rules and regulations developed, adopted, and enforced by government unions
  9. Executive branch
    executive orders
  10. constitutions and statutes, administrative law, and executive branch (orders) are also called?
    written law
  11. What are the two main types of law?
    written and common law
  12. Three branches of government?
    • 1.Legislative
    • 2.Executive
    • 3.Judicial
  13. Legislative does what?
    makes laws
  14. Executive branch does what?
    Enforces the law
  15. The Judicial branch does what?
    interprets law
  16. Sovereign immunity is also called what?
    governmental immunity
  17. Sovereign immunity means?
    “can’t sue the government” without consent
  18. Federal Tort Claims Act (1946) did what?
    gave public the right to sue the government
  19. What are the two types of law?
    Criminal and Civil
  20. Criminal Law
    • a.Offenses against society
    • b.State acts on behalf of the people
    • c.Decisions must be unanimous “beyond reasonable doubt”
  21. Civil Law
    • a.Rules that govern non-criminal affairs
    • b.Injured party takes initiative
    • c.Decisions are majority rule based on the “preponderance of the evidence”
  22. Damages (or remedies) that can be sought in a civil suit
    • ·General or compensatory – pain, suffering, or humiliation
    • ·Special – financial loss (medical)
    • ·Punitive or exemplary – malice or viciousness
    • ·Normal – injury suffered is considered slight
    • but the responsibility of the party must be recognized
    • ·Attorney fees (some cases, the only thing they will reward)
  23. What is government in our field?
    • ·Public college athletic department
    • ·Public recreation department
  24. Methods of collecting facts?
    Interrogatories and Depositions
  25. Interrogatories
    written questions are sent to the opposite side and must be answered under oath.
  26. Depositions
    verbal statements recorded under oath.
  27. When a case goes to jury (or judge) decision involves what?
    • · What happened based on the evidence that is presented
    • ·Decide whether the plaintiff was damaged by the defendant(s) act.
    • ·Decide the monetary reward
    • · Judge, Decides whether a legal duty was owed and other questions of law and applies rules and procedures
  28. What is an appellate court?
    often a panel of three or more judges. (usually an odd number)
  29. Appellate court looks at..
    procedural process of the case and misapplication of law
  30. If appeal is accepted (sustained): Actions of the Appellate court are?
    • 1.affirm
    • 2.reverse
    • 3.Remand
    • 4.Can adjust monetary rewards
    • 5.Dismiss (with prejudice)
  31. Affirm
    agrees with lower court
  32. Reverse
    reverse the decision of the lower court
  33. remand
    send back to lower court for retrial.
  34. If appeal is denied, what else can happen?
    It can be taken to a higher court (except when dismissed with prejudice)
  35. Statute of limitations
    Amount of time an individual has to file a lawsuit after an incident occurred
  36. If you are suing a governmental agency you have...?
    180 days (6 months) to file
  37. Under Statute of limitations how long does an adult have to file?
    2-3 years
  38. Under Statute of limitations how long does a minor have to file?
    can be tolling. Until they are 18 and then MAYBE 2-3 years after
  39. most common reasons of lawsuits in sport are?
    • 1.safety rules – failure to create or follow
    • 2.supervision – inadequate or non-existent
    • 3.equipment – non-existent, doesn’t fit or is improperly maintained
    • 4.Medical Care – Not available or improperly administered
    • 5.Unsafe, improper, or poorly designed facilities
  40. Legal Liability
    A reasonability between two parties which is recognized by the courts.
  41. Tort
    A civil wrong; non-criminal
  42. 3 functions of tort law (why it exists)
    • 1.used to compensate a person sustaining injuries or damages
    • 2.places the compensation on those who ought to bear it
    • 3.acts as a deterrent
  43. unintentional torts
    negligence
  44. negligence
    unintentional failure to person one’s duty up the standards expected of a prudent professional under similar circumstances
  45. Ways to transfer Risk
    • 1.Avoid games and events (last thing a sport manager wants to do)
    • 2.Reduce
    • 3.Transfer
    • 4.Retain
  46. Risk Management
    Prevention and reduction of accidents through careful design, implementation, and enforcement of a series of planned steps.
  47. Who is responsible for risk management?
    Everyone, but one person in charge is needed.
  48. How to create a risk management plan?
    • 1. Get approval to develop the plan
    • 2.Make sure those above you will support use and implementation ( May cost extra $$$, but may save in the long run in decreased lawsuits, medical payments, and possible insurance fees)
    • 3.Document the plan and everything related like File copies with supervisor(s) and maintain accurate maintenance and inspection records and use accident records to predict foresee ability.
  49. insurance protection
    which provides for the compensation to employees who suffer injury in the course of their employment. (different in every state) – This is transferring risk!
  50. unintentional tort
    injures an individual in person, property, or reputation.
  51. Four elements of negligence
    • 1.Duty – obligatory conduct owed
    • 2.Breach of duty – failure to provide a standard of care which a reasonable prudent person would provide under similar circumstances
    • 3.Injury occurred
    • 4.Proximate cause – did the breach cause the injury
  52. Three types of breach
    • Act of commission
    • Act of omission
    • Malfeasance
  53. Act of commission
    responding incorrectly; also called misfeasance (mistreating an injury)
  54. Act of omission
    failure to do something or respond to a legal duty. Also called nonfeasance
  55. Malfeasance
    doing something not allowed to do so by law (malpractice)
  56. Three degrees of negligence
    • Ordinary
    • Gross
    • Willful, wanton, or reckless
  57. Ordinary
    failure to exercise such care as the great majority would ordinarily exercise under the same or similar circumstance. (also called simple or general)
  58. gross
    very great negligence
  59. Willful, wanton, or reckless
    conduct is so “gross” as to have something of a criminal character or be deemed equivalent to an evil intent. (hazing, bulling)
  60. Three standards of care
    • Reasonable person
    • Special relationships
    • Professional standard
  61. Reasonable person
    applies to society in general
  62. Special relationships
    people and agencies (school, and parents, sport orgs) –duty to render essential emergency medical assistance.
  63. professional standard
    a duty to perform at the level expected of a person with the training, knowledge, and skill of a member of the profession
  64. Two types of duty
    Ministerial and Discretionary
  65. Ministerial
    clearly defined; a little room for interpretation. A person performs in a prescribed manner without regard to or the exercise of his/her own judgment.
  66. Discretionary
    performs on the basis of judgment or choice
  67. Rule of seven
    This is NOT a defense. This is a way of explaining how much risk can be assumed

    • oUnder age 7 – assumes no risk
    • oAge 7-13 – can assume some risk
    • oAges 14-21 – can assume some (most) risk, but not all
    • oAdults – assume most risk but not in situations when risk is not understood. (most being 99%)
  68. Act of God
    (act of nature, to get away fromreligious fight) – caused by nature (struck by lightning)
  69. Respondeat (latin) Superior
    can be used whenan employee (defendant) is acting on behalf of the employer and a tort isincurred; the employer must accept the responsibility. ( you are taking ids at the gym and your bosssays let him in, and they get hurt)
  70. Defenses of negligence
    • Act of God
    • Respondeat (latin) Superior
    • Waivers/releases
    • Sovereign immunity/other immunity statutes
    • Recreational land use statutes
    • Failure of proof or no negligence
    • Statute of limitations
    • Notice of claim
    • Any contract, facility lease
    • Equipment rental agreements
    • Any applicable law – (ie, Volunteer Protection
    • Act)
  71. Notice of Claim
    when suing some governmental bodies, plaintiff must first file a notice of claim. If they don’t, case can be thrown out until this is done.
  72. Failure of proof or no negligence
    when suing some governmental bodies, plaintiff must first file a notice of claim. If they don’t, case can be thrown out until this is done.
  73. Two types (maybe 3) of Supervision
    • General
    • Specific
    • transitional
  74. General Supervision
    • Adequate staffing
    • Responding to emergencies
    • Checking facility – maintain safe environment
    • Warning patrons of hazards
    • Controlling patron behavior
  75. Specific supervision – Direct contact is needed when:
    • Clients involved do not appreciate the risks of the activity (life guard, people don’t understand risk of swimming).
    • Clients cannot access their own physical or skill level
    • Clients cannot understand and follow safety rules and procedures
  76. Workman's Compensation
    • The employee bears the cost of insurance in return for some immunity from lawsuits by employees for negligence.
    • The worker receives compensation for lost income and medical expenses (1/2-2/3 of salary)
    • Workers must file a claim to receive money; show injury was on the job.
    • Cannot receive money for pain and suffering
    • If the employee files a lawsuit, they generally forfeit right to money from workman’s comp.
    • Can cover volunteers – prevent lawsuits
  77. Origin of duty
    • Voluntary assumption of interpersonal relationships. (No duty owed unless a relationship is created and Good Samaritan laws and Worsening the condition)
    • Any form of written law, business invitation, or judicial decision – if from a law – statutory
    • Inherent in the situation
  78. Ultra vires act
    acting beyond the scope of duty
  79. Defenses of negligence
    • Primary assumption of risk
    • Secondary assumption of risk
    • comparative negligence
  80. Primary assumption of risk
    plaintiff usually cannot recover for an injury if they: Had knowledge of dangerous elements , Understood the nature and extent of danger, and Subjected oneself to the danger
  81. Secondary assumption of risk (also known as contributory negligence)
    • Did something to contribute to their injury (book decided to play on a poor field ie, rain, field is wet)
    • Some states do not separate primary and secondary
  82. How to determine what kind of supervision is neeeded?
    • Physical layout of facility
    • Facility condition (environment and floors)
    • Client: Age and maturity, physical condition, and skill level
    • Differences in activity – specific risks
  83. Supervision is a ________.
    Duty
  84. Four classifications of comparative negligence
    • pure comparative rule
    • 50% rule
    • 49% rule
    • slight gross
  85. pure comparative rule
    uses absolute percentages when trying to figure out who contributed how much to an injury
  86. 50% rule
    an equally negligent plaintiff is permitted to recover. (pay 50% of what the court awards
  87. 49% rule
    an equally negligent plaintiff doesn’t get anything.
  88. Slight gross
    whatever the court decides. “was your negligence slightly gross” there is no clear cut amount.
  89. Satisfaction of legal duty
    requires adherence to the specific standard of care applicable based on the situation

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