Tort Liability

Terms: Know:
Tort - A tort, in common law jurisdictions, is a civil
wrong
Defamation- the action of damaging the good reputation of someone;
slander or libel
negligence - failure to take proper care in doing something.
Intentional tort - An intentional tort is a category of torts that
describes a civil wrong resulting from an intentional act on the part of
the tortfeasor (alleged wrongdoer).
Limited Waiver of Immunity
Breach of Duty- not doing job
Determinants of degree of care teachers owe- The general law of
negligence provides that a person may be negligent if
He/she owes a duty of care to the person injured and
He/she did not carry out that duty to the legal standard required and
The person suffered damage as a result of the failure to observe the duty of
care.
Proximate Cause- In the law, a proximate cause is an event
sufficiently related to a legally recognizable injury to be held to be the
cause of that injury. There are two types of causation in the law:
cause-in-fact, and proximate (or legal) cause. Cause-in-fact is
determined by the "but for" test: But for the action, the result would
not have happened.[1] For example, but for running the red light, the
collision would not have occurred.
Educators defense against negligence- the defendant introduces
evidence that he or she did not owe a duty to the plaintiff; exercised
reasonable care; did not cause the plaintiff's damages; and so forth.
In addition, a defendant may rely on one of a few doctrines that may
eliminate or limit liability based on alleged
negligence.
Types of Intentional Tort- Assault.
Battery.
Conversion.
False imprisonment.
Trespass to land.
Trespass to chattels (Personal property)
Intentional infliction of emotional distress.
Assault
2 types of defamation- Libel is a written defamatory statement, and
slander is a spoken or oral defamatory statement.
Negligence

Church/State Relations

Terms: Know:
Lemon Test 3 parts to Lemon Test
The statute must have a secular legislative purpose. (also known as
the Purpose Prong)
The principal or primary effect of the statute must not advance nor
inhibit religious practice (also known as the Effect Prong)
The statute must not result in an "excessive government
entanglement" with religious affairs. (also known as the Entanglement
Prong)
Factors.
Character and purpose of institution benefited.
Nature of aid the state provides.
Resulting relationship between government and religious authority.
Sectarian- Sectarianism is a form of bigotry, discrimination, or
hatred arising from attaching relations of inferiority and superiority to
differences between subdivisions within a group. Common examples
are denominations of a religion, ethnic identity, class, or region for
citizens of a state and factions of a political
movement.
how & when religious symbols & materials may be used school
Establishment Clause- the clause in the First Amendment of the US
Constitution that prohibits the establishment of religion by
Congress.
Everson v. Board of Education- everson lost, parochiual school bus
funding okay.
Proselytization- it now refers to the attempt of any religion or
religious individuals to convert people to their beliefs, or any
attempt to convert people to a different point of view,
religious or not.

Instructional Issues
Terms: Know:
Copyright Act Copyright Act provisions
FERPA FERPA content
Rules of classroom research
No Child Left Behind testing
mandates
Nevada Attendance Law

Students Rights & Responsibilities

Terms: Know:
Suspension Lau v.
Nichols Hazelwood v Kuhlmeier
Expulsion Brown v Board of
Education Bethel v Fraser
Defamatory Expression Boim v
Fulton Morse v Frederick
Public Forum/Nonpublic Forum Tinker v Des
Moines Goss v Lopez
Due process requirements
for suspension

Rights of Students with Disabilities

Know Terms and their mandates: Know:

ADA representatives on an IEP team
IDEA discipline rules for disabled students
FAPE parental rights
IEP
Zero Reject
LRE