Deck 6: School Personnel and School District Liability

Question 1

Which statement is not associated with a tort?

A) An intentional or unintentional act resulting in injury to a student
B) An actionable wrong based on contract
C) An action that may involve a single individual or a number of individuals
D) A violation of a legally imposed duty that results in injury to students

Answer 1

An actionable wrong based on contract

Question 2

Schools are presumed to be safe places because:

A) Certified professionals act in place of parents
B) They are supervised by professional educators
C) Teachers are expected to provide proper supervision of students
D) All of the above

Answer 2

All of the above

Question 3

Examples of intentional torts does not include:

A) Negligence
B) Assault
C) Battery
D) Libel and Slander

Answer 3

Negligence

Question 4

Examples of unintentional torts does not include:

A) False arrest
B) Malicious prosecution
C) Invasion of privacy
D) None of the above

Question 5

School personnel may be held individually liable when:

A) They exhibit a reckless disregard for the rights of students
B) Their actions result in injury to a student
C) Their action violates a clearly established law
D) All of the above

Question 6

Which statement best describes vicarious liability?

A) The school board rather than the principal may be held liable for tortuous acts of the teacher.
B) Under the old theory of Respondent Superior, the master is only responsible for authorized acts of its servants or agents.
C) The teacher should be acting within the scope of his/her assigned duties.
D) This concept is most prevalent in cases involving intentional torts.

Question 7

Foreseeability is:

A) Not as relevant as it has been in tort cases
B) Teachers and administrators are not required to foresee potential harm to students
C) The ability of teachers or administrators to predict or anticipate that a certain activity or situation may prove harmful to students, and once determined prudent steps must be taken to prevent harm.
D) Closely associated with intentional acts

Question 8

Which of the following statements describes a nuisance?

A) Those responsible for property knew or should have known that children would be attracted to the hazardous conditions on the property
B) The responsible party knew that the hazardous condition posed an unreasonable risk to children
C) Children, because of their youth, were unaware of the risk
D) All of the above

Question 9

Defamation occurs when:

A) A person falsely accuses another person of committing an unethical act
B) False statements are made about another person that tend to harm the person's good name and reputation
C) People gossip about other people
D) No third party is involved in the harmful communication

Question 10

Libel and slander are forms of defamation that are best described when:

A) Defamatory statements are communicated either in written or oral form
B) Statements are made with no intention to harm another person
C) Statements are made that are true
D) Statements are made and no harm is incurred

Question 11

Which of the following forms of liability are least likely to result in a law suit:

A) Libel
B) Slander
C) Trespass to personal property
D) Negligence

Question 12

Truth may be a defense against defamation when:

A) There is an intent to harm someone's reputation
B) There is no intent to harm someone's reputation
C) There is private communication
D) There is no third party involved in the communication process

Question 13

Standard of care is important in liability cases because:

A) It protects the injured party
B) It aids in avoiding lawsuits
C) It requires that school personnel exercise the same degree of care that other professionals would exercise under similar conditions
D) It places the burden of proof on the injured party

Question 14

Which of the following elements is not associated with acts of negligence?

A) Intentional act
B) Duty
C) Breach of duty
D) Injury

Question 15

Which of the following defenses for liability is least likely to receive support by the courts?

A) Comparative negligence
B) Immunity
C) Contributory negligence
D) Assumption of risk

Question 16

A tort is a civil wrong based on a contract which occurs when a person violates a duty that he owes another.

Question 17

Negligence involves the breach of a legal duty to protect another person from the risk of unreasonable harm.

Question 18

Students who are injured by school district personnel may claim monetary damages for their injury resulting from intentional torts only.

Question 19

Based on the preponderance of violence in public schools, courts no longer presume that schools are safe places.

Question 20

School districts may not be held liable for negligent behavior of district personnel.

Question 21

Individual liability generally does not occur unless the plaintiff can demonstrate that a school employee's action violated a clearly established law or exhibited reckless disregard for the rights of the plaintiff.

Question 22

Foreseeability only requires that school personnel be able to predict or anticipate that under certain conditions students may be injured.

Question 23

An attractive nuisance is any dangerous condition that limits free use of property by the user.

Question 24

An invitee takes school property as he/she finds and there is no responsibility to provide for his/her safety.

Question 25

An assault occurs when one offers to use force in a hostile manner that causes apprehension by the person to whom the offense is made.

Question 26

A battery may occur if a teacher injures a student while administering corporal punishment.

Question 27

School personnel are protected by absolute privilege when they act in good faith in defamation cases.

Question 28

When a teacher or administrator is charged with negligence, neither will be assessed monetary award when contributory negligence is proven.

Question 29

When students assume an element of risk to participate or benefit from an activity, school personnel are relieved of liability because they are not held to a high standard of care.

Question 30

In comparative negligence cases, slight negligence relieves the other person who may have contributed to an injury.

Question 31

Since field trips do not occur on school property, the standard of care expected of school personnel is not as high.

Question 32

Parental consent and permission slips relieve school personnel of liability on field trips.

Question 33

The Civil Rights Act of 1872, section 1983, allows students to seek monetary damages from school officials that willfully violate their constitutional rights.

Question 34

False imprisonment takes place when students are detained after school for no valid reason.

Question 35

Negligence is the failure to exercise a reasonable standard of care that results in injury to another person.

Question 36

School personnel are liable for injury to students at bus stops.

Question 37

What implications are suggested for school personnel under the courts' presumption that schools are safe places?

Question 38

Explain the two categories of liability affecting school personnel. Provide examples that encompass each category.

Question 39

Discuss vicarious liability and its implications for school districts.

Question 40

What is the significance of foreseeability in liability cases and its implications for school personnel?

Question 41

Explain the different standards that apply in cases involving an invitee, a licensee, and a trespasser.

Question 42

Discuss the key elements that must be present to sustain charges of assault and battery.

Question 43

Discuss defamation in the context of libel, slander, and mental distress.

Question 44

Discuss false imprisonment and trespassing on personal property and the suggested implications for school personnel.

Question 45

What legal requirements must be met to sustain charges of negligence?

Question 46

Identify and discuss the most common defenses for negligence.

Question 47

Identify and discuss the 4 essential elements needed to sustain charges of negligence.

Question 48

Discuss intentional and unintentional torts and provide an example of each.

Question 49

You are conducting a workshop on tort liability to a group of teachers from grades one through eight. Your objective is to ensure that they understand tort liability and all of the related issues. (Write your presentation on liability and end it with a set of general guidelines that they should follow to avoid the threat of liability. Be specific.)

Question 50

You are providing orientation to new teachers in your school. What advice would you provide regarding the need for personal liability insurance? Give a rationale for your response to them. If you do not concur that liability insurance is needed, please provide a rationale for your position.

Question 51

Under what circumstances, if any, may school leaders be liable for student injury at bus stops?