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Criminal Law Intentional act against the public at large Arrest made Punishment is handed out ...
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Transcript of Criminal Law Intentional act against the public at large Arrest made Punishment is handed out ...
Criminal Law
Intentional act against the public at
large
Arrest made
Punishment is handed out
Examples????
Tort law
Wrong or twisted Deals with civil issues Intentional or unintentional Leads to lawsuits Anyone can be sued for anything at
anytime Examples…..
Planning issues -
Activity space -
Supervision -
Equipment -
“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.
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
Duty exists when participants:
1.2. 3. 4. 5.
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
How do we measure these?
Prudent (marked by wisdom, good judgment)
1.
2.
3.
4.
How do we measure these? Reasonable
1.
2.
3.
4.
How to measure reasonable behavior (1 of 4)
1. Foreseeability
Ability to foresee that a
dangerous situation could
happen
A.
B.
How to measure reasonable behavior (2 of 4)
2. Acts of omission/nonfeasance
Teacher doesn’t do something they
should
A.
B.
C.
D.
How to measure reasonable behavior (3 of 4)
3. Acts of commission/misfeasance
Teacher does something he/she
shouldn’t have
1.
2.
3.
How to measure reasonable behavior (4 of 4)
4. Malfeasance: committing an illegal act
Failure to comply with regulations A.
B.
Actual cause of the injury or damage
No intervening acts
Example Teacher failed to inspect teaching area,
student stepped in hole
Physical Injuries
Emotional/mental damage
Economic damage
No negligence: at least one of the four criteria could not be established
Contributory Negligence:
Age of student; training of teacher Comparative Negligence
Act of Nature: something completely unexpected happens that is totally beyond your control
Statute of limitations 1-3 years to file
Ignoring mandated legislation A. B.
Improper instruction A. B. C. D.
Inadequate supervision 1.
2.
3.
Failure to provide a safe environment 1.
2.
3.
4.
Minimize the undesirable risks and dangers associated with an activity.
3 methods to manage risk Eliminate the risk
Reduce the risk
Accept the risk
Safe Equipment Safe Facilities Safe Surroundings Supervision Planning & conduct