Vocabulary Quiz! Jim Walsh
Failure to Train Why you did not make the Olympic team. What happens when you get to the depot too late. A legal theory designed to make employers liable for injuries caused by their employees. What happens when people are playing with their devices rather than listening to the speaker.
Miranda Warnings Those questions the cops ask the bad guys on TV while they are cuffing them. What your mother told you about that girl: Miranda. The rock group playing in Austin this weekend. D. Why it is dangerous to wear fruit on your head.
REASONABLE 13-YEAR OLD Mythical creature, like the unicorn. Spawn of the assistant principal. Will become unreasonable in the near future. We don’t know what this is. But it is not the same as the “reasonable person.”
Same Professional Capacity A. Refers to campus administrators of approximately the same weight. B. A description of the scope of reassignment authority of the superintendent. C. How you describe your job when you have been doing the same thing for too long. D. Refers to administrative offices of the same square footage.
Sui Generis An Argentine rock band. The motto of Akitsiraq Law School. A legal term of art to describe a classification that is singular, unlike any others. Your superintendent.
The Standard for Student Searches Because I’m the assistant principal. I know what these kids are going to do before they do it. The kid gave consent. Justified at inception and reasonable in scope.
Viewpoint Discrimination What it will say on the ticket you bought for the game at Fenway Park if your seat is right behind a pillar. Corporate motto of Fox News. Corporate motto of MSNBC (we are nothing if not fair and balanced). Something teachers need to think about before silencing a student.
En Banc Frost. Wells Fargo. Chase. You know….where my check goes! French for “the bank.” I don’t know, but it must have something to do with money. The entire Circuit Court. A Latvian hip hop group.
Program Change Something your school board can do even if it is unnecessary and unwise. Why you need a remote.
Qualified Immunity What we get when we take our flu shots. What doctors got as a result of tort reform. Why educators are often not liable in court, even when they are negligent. Not as good as total immunity.
Constructive Discharge D. Much nicer to be with than a destructive discharge. A medical term for something too gross to talk about at a professional meeting. A legal theory used by people who quit and then sue over it. All the mess that the guys in the hardhats leave behind.
Aggravating Factor A necessary component of a constructive discharge case. Your boss. People who talk too loud on their cell phones in public places. That smug, self-righteous guy driving at exactly the speed limit in the left lane.
Pretext Duh! It’s what comes before the text. Reading the last text you received before responding. What you say is the real reason when it isn’t. Refers to the historical period that existed before texting, as in “In the Pretext Period, people actually had conversations, using their mouths and ears.”
Special Relationship • What happened between the band director and the lead flautist, which is why he doesn’t work here anymore. • What good teachers have with all of their kids. C. A relationship covered by the nepotism laws. D. Legal theory imposing liability for the failure to prevent harm.
Adverse Action C. In the advertising business, the process of adding an annoying musical jingle to an ad. D. Something that produces unintended consequences. Something an employer does that would dissuade the reasonable person from engaging in protected activity. B. New comic book hero.
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The information in this handout was created by Walsh, Anderson, Gallegos, Green and Treviño, P.C. It is intended to be used for general information only and is not to be considered specific legal advice. If specific legal advice is sought, consult an attorney.