Deck 8: Legal Liability, Supervision, and Safety

Question 1

Compared to other subject matter areas physical education is NOT as vulnerable to accidents and potential injuries.

Answer 1

False

Question 2

Liability is usually concerned with a breach of duty through negligence.

Answer 2

True

Question 3

A tort is concerned with the teacher-student relationship.

Answer 3

True

Question 4

The court uses the conduct of other teachers as a standard for comparison when determining a reasonable and common standard of behavior.

Question 5

Teacher liability is NOT always a legal manner and can be determined by the school district's administrative board.

Question 6

A key to the issue of negligence is foreseeability.

Question 7

Liability can be established in a court case in the absence of injury to the plaintiff.

Question 8

Misfeasance is based on a performance of the proper action that is not up to the required standard.

Question 9

Contributory negligence is a possible defense against a lawsuit involving children less than seven years of age.

Question 10

Negligence does NOT have to be proven in a court of law.

Question 11

Defense using contributory negligence claims that the injured party acted in a manner that was typical of students of similar age and maturity.

Question 12

Not all activities in a school setting, such as recess and lunchtimes, must be supervised.

Question 13

General supervision refers to broad coverage when students are NOT directly controlled by a teacher or designated individual.

Question 14

General supervision does NOT occur during recess, lunch breaks or other non-instructional times.

Question 15

Administrative personnel have certain defined functions regarding instruction.

Question 16

Proper instruction demands that students be forced to participate.

Question 17

According to reported injury statistics, the most dangerous youth sport is gymnastics.

Question 18

According to reported injury statistics, the facility that produces the most disabling injuries to children is the swimming pool.

Question 19

Special health and physical conditions of students should only be known by their classroom teachers.

Question 20

All physical education teachers should have first aid training.

Question 21

It is estimated that more than 70 percent of injuries in sport and related activities could be prevented through proper safety procedures.

Question 22

Emergency care plans should be posted and approved by health care professionals.

Question 23

Physical educators are often responsible for afterschool sports programs.

Question 24

Courts are more understanding about mismatched opponents in the physical education setting than in an athletic contest.

Question 25

Waiver forms signed by students and parents do NOT waive the rights of participants.

Question 26

The legal term most closely related to legal responsibility is:

A) due process.
B) civil action.
C) tort.
D) liability.

Question 27

A legal wrong resulting in direct or indirect injury to another individual is a:

A) tort.
B) liability.
C) misfeasance.
D) nonfeasance.

Question 28

Which of the following factors is NOT a common defense against negligence?

A) act of God
B) assumption of risk
C) contributory negligence
D) duty

Question 29

Asking students to perform complex skills on the balance beam before they have mastered more fundamental skills can be considered:

A) breach of duty.
B) injury.
C) malfeasance.
D) assumption of risk.

Question 30

Before negligence can be proved, the failure of the teacher to conform to the required standard of care must be ruled:

A) an act of God.
B) the proximate cause of the resulting injury.
C) misfeasance.
D) nonfeasance.

Question 31

Which of the following is a type of negligence that is also referred to as an "act of commission"?

A) malfeasance
B) misfeasance
C) nonfeasance
D) contributory negligence

Question 32

Failure to provide proper spotting for high-risk activities is an act of omission referred to in legal terms as:

A) malfeasance.
B) misfeasance.
C) nonfeasance.
D) contributory negligence.

Question 33

Most states have laws specifying that a child under ________ years of age is incapable of contributory negligence.

A) seven
B) nine
C) eleven
D) twelve

Question 34

A defense against negligence that places the cause of injury on forces beyond the control of the teacher or the school is referred to as:

A) contributory negligence.
B) an act of God.
C) proximate cause.
D) an act of omission.

Question 35

A defense against negligence that attempts to prove that the accident was not caused by teacher negligence is referred to as:

A) "contributory negligence."
B) "comparative negligence."
C) "assumption of risk."
D) "proximate cause."

Question 36

A type of negligence where the injured party can recover damages only if found to be less negligent than the defendant (teacher) is referred to as:

A) "assumption of risk."
B) "comparative negligence."
C) "contributory negligence."
D) "malfeasance."

Question 37

When improper behavior by the injured party causes the accident, the defense in a liability suit may claim:

A) act of commission.
B) assumption of risk.
C) contributory negligence.
D) proximate cause.

Question 38

An assumption of risk as applied to physical activities is defined as:

A) unlawful and intentional force directed at another person.
B) the conduct of other teachers as a standard for comparison.
C) choosing to be part of an activity.
D) assumption that the situation contains an element of risk and therefore participants will sustain injury.

Question 39

Major areas of concern involving instruction include all but of the following EXCEPT:

A) teaching children how to perform an activity.
B) teaching children necessary safety precautions.
C) letting students experiment on equipment.
D) teaching proper technique.

Question 40

Sequencing activities in units of instruction through written lesson plans ensures:

A) no teacher liability.
B) safe instruction.
C) all activities are appropriate for all students.
D) the teacher has communicated safety issues to her students.

Question 41

Perhaps the most important factor in preventing accidents is:

A) purchasing insurance.
B) having a medical examination.
C) recognizing potential high-risk situations.
D) signing a responsibility waiver form.

Question 42

Safe participation in an activity can be enhanced by the following:

A) Allow elementary children to use equipment designed for high school students.
B) Let students play on equipment even though they are unsupervised.
C) Teachers select the equipment according to student's growth and developmental needs.
D) Students practice on equipment even though they use it incorrectly.

Question 43

It is the physical education teacher's responsibility to check indoor facilities for safety of the following:

A) attractive nuisances and public use.
B) facilities and public use.
C) facilities and equipment.
D) attractive nuisances and equipment.

Question 44

Minimizing lawsuits include:

A) avoid teaching anything that has a risk of injury.
B) talk freely to journalists.
C) provide all evidence, oral or written to others.
D) keep complete records of all accidents.

Question 45

When monitoring the physical activity environment which of the following should NOT be used:

A) grouping students randomly no matter what the activity.
B) instruct the class in safety precautions.
C) post safety rules near areas of risk.
D) activities based on sound curriculum principles.

Question 46

Which of the following is a critical part of a waiver form?

A) protection of the school in cases where negligence can be proved
B) evidence that sports are entered into with full knowledge of the risks involved
C) exemption of the teachers and coaches to be found liable if injuries occur
D) waiving the rights of participants

Question 47

Procedures associated with students participating in organized sports programs include all of the following EXCEPT:

A) signing a responsibility waiver form.
B) having a medical examination.
C) purchasing medical insurance.
D) passing a mile-run test.

Question 48

When transporting students, which of the following is NOT necessary to remember?:

A) Use licensed drivers.
B) It is acceptable to use a personal vehicle.
C) Being paid increases liability.
D) Travel plans should be officially approved.

Question 49

Define liability and the four points that are examined in deciding if a teacher is liable due to negligence.

Question 50

Identify the common defenses used to show that the teacher's action was not the primary cause of the accident.