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Risk Management > Inverted > Flashcards

Flashcards in Inverted Deck (35)
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1

A defendant's defense to a claim that may include assumption of risk, duress, statue of limitations or failure of contract.

Affirmative Defense

2

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.

Exculpatory Language

3

Language that attempts to require a participant to reimburse the provider should another party bring a claim.

Indemnity Language

4

The provider takes the "place of the parent".

In Loco Parentis

5

Damages may be sought by a spouse whose husband or wife has been hurt or killed by another.

Laws of Consortium

6

"Let the master answer" for the acts of an employee acting within the scope of employment.

Respondeat Superior

7

Refers to the percentage by which awards may be reduced based upon the risk assumed by the participant.

Contributory Negligence

8

Allows a court to determine the defendant's fault/negligence and the plaintiff's contributory fault/negligence.

Comparative Fault

9

Wrongdoing against a person who suffers damages

Tort

10

Assault, fraud, slander, misrepresentation.

Intentional Tort

11

Wrong doings based on negligence.

Unintentional Tort

12

Action taken by a party disappointed with the lower court's ruling, seeking a higher courts review.

Appeal

13

The higher courts treatment of a lower court's ruling to allow that lower court ruling to stand.

Affirm or Approve

14

The law that applies to private wrongs. Violations result in an award of money – A defendant may be sued, but not incarcerated.

Civil Law

15

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.

Criminal Law

16

The party who is sued for wrong doing.

Defendant

17

The party who brings the lawsuit.

Plaintiff

18

To end a lawsuit, sometimes reserving the right to bring it again.

Dismiss

19

Risks integral to a recreational activity that cannot be eliminated without destroying the unique character of the activity. Moguls, Whitewater, falling rocks, weather.

Inherent Risks

20

Describes the limits of the power of a court to deal with a controversy, or the geographic boundaries of court.

Jurisdiction

21

A negotiated resolution of a lawsuit usually before the trial.

Settlement

22

A written U.S. law passed by legislature.

Statue

23

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.

Summary Judgement

24

Failure to exercise reasonable care.

Negligence

25

The doing of an act with the absence of even a slight diligence.

Gross Negligence

26

Conduct in which the defendant exhibits a conscious disregard for the safety of others. Can involve an element of intent.

Willful And Wanton Misconduct

27

An unplanned, potentially dangerous occurrence resulting in injury, property loss or near miss.

Accident

28

An incident that did not result in injury, illness or damage, but had the potential to.

Near Miss

29

A term applied to the individual or combined assessments of the probability of loss and potential amount of loss

Risk

30

An agreement with a participant wherein the participant acknowledges awareness of certain risks inherent in the activity.

Assumption of Risk