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55 Cards in this Set

  • Front
  • Back

Governmental Immunity

A political subdivision

Summary Judgement

Trial Judge dismisses lawsuit

Unreasonable Search and Seizure

4th Amendment Right

Exigent Circumstances

Emergency Circumstances

Voluntary Consent

Consent to search property

Fireman's Rule

Prohibiting, from filing a lawsuit

Rescue Doctrine

"Good Samaritans"

FISA Court

1978

Waiver Right to Sue

9/11

Corpus

Petition from a person in jail

Assumption of Duty

Assumes a duty when on shift

Deliberate Interference

deprivation of constitutional rights

Wanton Misconduct

Gross negligence

Malicious Purpose

Bad faith, reckless manner

Bonaa

Age discrimination

Disparate Impact

Physical agility test

Subterfuge

Mandatory Retirement for firefighters 55 or older

Retaliation

files a EEOC complaint

Pregnancy Discrimination

1978

Title Vll

Civil rights Act 1964

Hostile Work Environment

Prohibited by civil rights act

Constructive Discharge

Describe work atmosphere

Sex Discrimination

EEOC Definition

Mixed Motive

Discipline a female

Reverse Discrimination

Affirmative action

Affirmative Action Programs

Federal Court

Front Pay

Lost future earnings

Prejudgement Interest

Plaintiff proves discrimination

Prima Facie Case

sex was not a factor

Major life Activity

Prevents from performing major life activities

Class of Job

Disability prevents them from performing

Intermittent Leave

FMLA 12 weeks

Estopel

Employer granted leave

Bifurcated Trial

Federal court under FLSA

Good Faith

Trial Judge determines

Class Action Lawsuit

Prior to 1999

Amicus Curiae

ACLU

Medical Review Officer

Physician

Last Chance Agreement

Treatment for alcohol

Dismissed without prejudice

Lawsuit has been dismissed

State created danger

liable if they increase danger

Qualified Immunity

Not held personally liable for negligence

Irreparable Harm

Injunction

Special Need Showing

Justify blood draw

Failure to train

42 U.S.C

Public Records

Records open to the public

Coerced

Being fired for refusal to answer

Self-Incrimination

Fifth amendment

Equal Protection

Employees facing discipline

Balancing Test

Restricted right of free speech

Mediation

Defined a process

Five - Step Grievance Procedure

Under collective bargaining

Exhaustion of Administrative Remedies Doctrine

Seeking relief in a court of law

Duty of Care

Care owed to this injured party

Produce Liability

Fire mans rule does not prohibit