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Legal
WGU Foundations of Teaching
| Term | Definition, etc. |
|---|---|
| Tort Liability | Conditions that permit the filing of legal charges against a professional for breach of duty or behaving in a negligent manner. |
| Proximate Cause | Teacher's failure to do her duty resulting in loss or injury (part of tort). direct cause of liability |
| Intentional Tort | Assault, battery, intent to do harm, defamation. |
| Liability | The responsibility to perform a duty placed on a particular group. Injury must occur if liability is to be established (part of tort). |
| Negligence | Breach of your duty, as a teacher, to protect students from unreasonable risk of harm. |
| 4 Elements to establish negligence | 1. teacher has a duty to protect student; 2. duty is breached by failure to exercise appropriate standard of care; 3. teacher's negligence is the proximate cause of injury; 4. an actual injury to student occurs. |
| Contributory Negligence | Student is partially at fault. |
| Comparative/Shared Negligence | Injured party may recover damages only if found less negligent than the teacher. |
| Strict Liability | Injury resulting from special circumstances (e.g., hazardous materials not kept out of the reach of children). |
| Duty and Standard of Care | School officials/teachers have duty to anticipate foreseeable dangers and take necessary precautions to protect students: adequate supervision, maintenance, warnings |
| Breach of Duty | Failure to supervise, maintain a safe environment, and give proper instruction (part of tort). |
| malfeasance | Describes any act that is wrongful and gives rise to, or somehow contributes to, the injury of another. |
| misfeasance | irresponsibly/improperly carrying out one's duties |
| nonfeasance | failure to perform an official or legal duty. |
| In loco parentis | "in the place of parents" - teachers required to use the same judgement/care as parents in protecting the children under their supervision. |
| Educational malpractice | liability for injury that results from the failure to provide students with adequate instruction, guidance, counseling, and/or supervision. |
| Most school tort actions can be grouped into 3 categories | negligence, intentional tort, defamation |
| statutes of repose | in states that allow exceptions to statute of limitations, this limits perpetual right to sue. |
| Teachers must report abuse, what are the signs?(4) | neglected appearance, sudden changes in academic or social behavior, disruptive or overly compliant behavior, repeated injuries such as bruises, welts or burns |
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