Legal Considerations Flashcards
What are the three levels of the court systems?
Trial court
Intermediate court
Supreme Court
What do constitutions protect?
The doctrine of legislative, executive, judicial separation of powers, checks and balances, and individual liberty
Civil rights for citizens
Who/what entities have constitutions?
The supreme law of the US
Established precedents that constitutes the legal basis
What are two types of exculpatory agreement?
Liability waiver
Medical release
Civil penalties
From civil cases which involve disputes between private parties
Handled by paying fines, no incarceration
Criminal Penalties
Wrongs committed against the public ( state or federal laws)
Misdemeanors and felonies
Compensatory damages
Designed to compensate the victim for their loss or harm
Awarded in civil cases
Punitive damages
Serve to punish the wrong doer for negligent, intentional or malicious behavior
Precedent
Refers to a court case that serves as an example or authority for deciding cases with similar facts
Binding or persuasive
Prior decisions that guide similar law
Stare Decisis
Requires court to follow historical cases when maying a rule on similar cases
Court looks a precedent to guide their decisions
Negligence
Failure to take proper care in doing something
What will a plaintiff need to prove to win their case?
Duty, breach, injury, cause
What are the two types of tort?
Intentional tort
Negligent tort
What can be considered tort?
Intent
Acting
Actual cause
How can schools history and continued practice to meet interests to comply with title IX?
Proportionality
History of meeting numbers
Fully meeting needs
