Flashcards in Inverted Deck (35)
A defendant's defense to a claim that may include assumption of risk, duress, statue of limitations or failure of contract.
Language in an agreement designed to make the participant waive or appear to waive any legal rights, or that appears to release the program/provider from liability for negligence.
Language that attempts to require a participant to reimburse the provider should another party bring a claim.
The provider takes the "place of the parent".
In Loco Parentis
Damages may be sought by a spouse whose husband or wife has been hurt or killed by another.
Laws of Consortium
"Let the master answer" for the acts of an employee acting within the scope of employment.
Refers to the percentage by which awards may be reduced based upon the risk assumed by the participant.
Allows a court to determine the defendant's fault/negligence and the plaintiff's contributory fault/negligence.
Wrongdoing against a person who suffers damages
Assault, fraud, slander, misrepresentation.
Wrong doings based on negligence.
Action taken by a party disappointed with the lower court's ruling, seeking a higher courts review.
The higher courts treatment of a lower court's ruling to allow that lower court ruling to stand.
Affirm or Approve
The law that applies to private wrongs. Violations result in an award of money – A defendant may be sued, but not incarcerated.
The law that applies to public wrongs. This law is defined by federal or state statues. Violations result and incarceration or payment of a fine.
The party who is sued for wrong doing.
The party who brings the lawsuit.
To end a lawsuit, sometimes reserving the right to bring it again.
Risks integral to a recreational activity that cannot be eliminated without destroying the unique character of the activity. Moguls, Whitewater, falling rocks, weather.
Describes the limits of the power of a court to deal with a controversy, or the geographic boundaries of court.
A negotiated resolution of a lawsuit usually before the trial.
A written U.S. law passed by legislature.
A ruling of the court disposing of the case, without trial, if the material facts are not disputed and the law clearly favors the party seeking summary judgment.
Failure to exercise reasonable care.
The doing of an act with the absence of even a slight diligence.
Conduct in which the defendant exhibits a conscious disregard for the safety of others. Can involve an element of intent.
Willful And Wanton Misconduct
An unplanned, potentially dangerous occurrence resulting in injury, property loss or near miss.
An incident that did not result in injury, illness or damage, but had the potential to.
A term applied to the individual or combined assessments of the probability of loss and potential amount of loss