Inverted

Question 1

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

Answer 1

Affirmative Defense

Question 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.

Answer 2

Exculpatory Language

Question 3

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

Answer 3

Indemnity Language

Question 4

The provider takes the “place of the parent”.

Answer 4

In Loco Parentis

Question 5

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

Answer 5

Laws of Consortium

Question 6

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

Answer 6

Respondeat Superior

Question 7

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

Answer 7

Contributory Negligence

Question 8

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

Answer 8

Comparative Fault

Question 9

Wrongdoing against a person who suffers damages

Answer 9

Tort

Question 10

Assault, fraud, slander, misrepresentation.

Answer 10

Intentional Tort

Question 11

Wrong doings based on negligence.

Answer 11

Unintentional Tort

Question 12

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

Answer 12

Appeal

Question 13

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

Answer 13

Affirm or Approve

Question 14

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

Answer 14

Civil Law

Question 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.

Answer 15

Criminal Law

Question 16

The party who is sued for wrong doing.

Answer 16

Defendant

Question 17

The party who brings the lawsuit.

Answer 17

Plaintiff

Question 18

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

Answer 18

Dismiss

Question 19

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

Answer 19

Inherent Risks

Question 20

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

Answer 20

Jurisdiction

Question 21

A negotiated resolution of a lawsuit usually before the trial.

Answer 21

Settlement

Question 22

A written U.S. law passed by legislature.

Answer 22

Statue

Question 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.

Answer 23

Summary Judgement

Question 24

Failure to exercise reasonable care.

Answer 24

Negligence

Question 25

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

Answer 25

Gross Negligence

Question 26

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

Answer 26

Willful And Wanton Misconduct

Question 27

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

Answer 27

Accident

Question 28

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

Answer 28

Near Miss

Question 29

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

Answer 29

Risk

Question 30

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

Answer 30

Assumption of Risk

Question 31

The systematic application of management policies, standards, and procedures to identify, analyze, assess, treat, and monitor risk.

Answer 31

Risk Management

Question 32

An obligation to act toward others and the public with the degree of watchfulness and prudence that a reasonable person in similar circumstances would have.

Answer 32

Duty of Care

Question 33

Established rules and generally excepted operating procedures, practices, and requirements defined by national associations and leading outdoor organizations.

Answer 33

Industry Standard

Question 34

Binding, overarching safety directives designed to influence and determine safety related decisions.

Answer 34

Policy

Question 35

The control of recognized hazards to attain an acceptable level of risk.

Answer 35

Safety