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Chapter 2: Tort Liability
1. Within the context of negligence, what is meant by “reasonable care”?
a. This is the degree of care that state officials demand of parents when raising their
children.
b. This is the standard that principals must meet when deciding cases involving
suspension.
c. This is the standard that students must exercise on school grounds.
d. This is the standard of care that a teacher of ordinary prudence would have used under
like circumstances.
e. None of the above.
2. Are substitute teachers/student teachers held to the same standard as full-time teachers
with regard to the supervision of students?
a. Yes. Substitute teachers and student teachers are held to the same standard as full-
time teachers.
b. No. Although substitute teachers and student teachers must exercise reasonable care
when supervising students, the standard of care is much lower than a full-time
teacher.
c. No. Although substitute teachers are held to the same standard, student teachers may
not be sued by students.
d. No. Substitute teachers and student teachers have been granted full immunity in
negligence cases.
e. None of the above.
3. Can teachers be liable for a student’s unforeseeable behavior?
a. Yes. Teachers can be liable for any injury that occurs on school grounds.
b. Yes. Teachers can be liable for unforeseeable behavior because teachers should
anticipate every type of behavior.
c. No. Teachers are generally not liable for student behavior that is unforeseeable.
d. No. Teachers can never be held liable because of federal immunity laws.
e. None of the above.
4. Which description below is not a defense to negligence?
a. Teacher Immunity Act of 1984
b. Contributory Negligence
c. Comparative Negligence
d. Assumption of Risk
e. Governmental Immunity
5. What is meant by contributory negligence?
a. When the teacher does not anticipate a negligent act.
b. When a parent injures a student on school grounds.
c. When a student’s negligence contributed to his/her own injury.
d. When a teacher injures a student off school grounds.
e. None of the above.
6. What is meant by comparative negligence?
a. When the teacher does not anticipate a negligent act.
b. When a parent injures a student on school grounds.
c. When a judge or jury compares the negligence of the plaintiff and defendant.
d. When a teacher injures a student off school grounds.
e. None of the above.
7. What is the Paul D. Coverdell Teacher Protection Act?
a. This is a state law designed to prevent student injury in school.
b. This is a state law designed to protect teachers from being injured by students.
c. This federal provision immunizes from liability any teacher who is trying to maintain
order in the school.
d. This is a provision in the Individuals with Disabilities in Education Act that
immunizes from liability any teacher who is trying to maintain order in the school.
e. This is a state regulation that prevents any teacher from being sued during field trips.
8. Do waivers prevent students from suing?
a. Yes. If a student signs a waiver s/he may not sue the school district.
b. Yes and No. The waivers only prevent teacher liability on student field trips.
c. Yes. If the waiver is approved by the school district’s legal counsel, parents may not
sue the school district.
d. Generally no. Most courts have found waivers that do not permit students to sue in
violation of public policy.
e. None of the above.
9. What damages might be awarded by courts in negligence cases?
a. Compensatory damages
b. Punitive damages
c. Nominal damages
d. All of the above.
e. None of the above.
10. Which best describes defamation law?
a. Statements made to a newspaper about a teacher by the principal without a teacher’s
permission.
b. Malicious statements made to a teacher from a principal.
c. False statements made to third parties that harmed the (individual’s) teacher’s
reputation.
d. Language that causes teachers severe emotional distress.
e. None of the above.
11. Can students be sued for defamation for posting derogatory statements about a teacher on
the web?
a. Generally derogatory statements have not created a right to sue for defamation. If,
however, the information is false and injures the reputation of the teacher, it is
possible.
b. Any speech posted on the internet is protected from defamation lawsuits under federal
law.
c. Most states have passed laws protecting all internet speech from defamation lawsuits.
d. Any speech posted on a public website about a teacher must create a disruption at the
school before being actionable for defamation.
e. None of the above.
12. Is there a higher standard for public officials to prove when alleging slander?
a. Yes. Public officials must prove any statements made about them were made with
actual malice.
b. Yes. Public officials must simply prove that the statement made about them was
false.
c. No. Public officials are subject to the same standard as teachers.
d. No. Public officials generally are not allowed to bring defamation suits.
e. None of the above.
13. Can a personal opinion be subject to a defamation claim in the same way as a fact?
a. Yes. Statements of fact or opinion are equally open to defamation lawsuits.
b. Yes. Federal law specifies that there is no difference between statement of fact and an
opinion in a defamation lawsuit.
c. No. Opinions are generally not subject to defamation claims.
d. No. Unlike a statement of fact, it must be demonstrated that the opinion was based on
actual malice.
e. None of the above.
14. In a negligence case against a school district, what elements of negligence must generally
be proven?
a. That the student did not breach his duty.
b. That the student’s actions were contributory.
c. Duty, Breach of Duty, Causation, Injury
d. Choices a and b are correct.
e. Choices a, b, and c are correct.
15. Where are school tort cases usually heard?
a. In federal court.
b. In an administrative court.
c. In a state court.
d. In a circuit court of appeals court.
e. None of the above
Essay Questions
1. Identify the elements of negligence and apply them to a scenario that you create involving
an injured student on the playground.
• Students should discuss whether there was a duty, whether this duty was breached,
whether causation was present, and whether there is injury.
2. Identify at least two defenses to negligence and explain how they would be applied in a
given situation.
• Students should discuss two of the following: contributory negligence, comparative
negligence, assumption of risk and/or immunity. Please see Chapter 2 for a
discussion of each.
3. Individuals can receive damages for written or spoken injury to their reputations. How do
defamation cases differ between public and private figures?
• It should be noted that public individuals must demonstrate that, in addition to a
statement being false, it must also generally demonstrate malice and disrespect for the
truth (the standard will vary by state law).
Chapter 2 answers
1. d
2. a
3. c
4. a
5. c
6. c
7. c
8. d
9. d
10. c
11. a
12. a
13. a
14. c
15. c
