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14 Cards in this Set
- Front
- Back
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What is a tort?
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A wrongful act, not involving a contract, that causes injury or damage to another.
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What is Civil Tort Liability?
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When one person has a common law duty to a second person, and that duty is breached by the first person, and as a direct result damage occurs to the second person.
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what are the types of civil legal actions for monetary damages that can be brought against police officers?
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1) Assault and battery
2) False arrest or imprisonment 3) Malicious prosecution and abuse of process 4) Negligence 5) Violation of the Federal Civil Rights statutes |
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What are the most common types of legal actions brought against police officers?
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1) assault and battery
2) False arrest |
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What are the 2 types of damages that can be claimed and awarded in a civil action?
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1) ordinary aka compensatory
2) exemplary aka punitive |
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What are ordinary or compensatory damages?
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claims by plaintiff to cover their out of pocket expenses from the alleged damages. (Ie attorney fees)
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what are exemplary or punitive damages?
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claims and/or awards to plaintiff in order to punish the defendant
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What is indemnification?
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Law that requires the police agency to protect their officers from personal liability by the payment of judgement for ordinary damages awarded. Not exemplary damages.
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What are the guidelines for reducing civil liability actions?
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1) Make an effort to continue personal police training
2) keep abreast of developing legal doctrines that affect police work 3) Always act in a professional manner 4) Never performa a police function to excess |
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What is NY's "No Sock" law?
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When a recognized police or peace offices is making an arrest, the arrestee may not use physical force (whether the arrest is authorized or not) to resist that arrest.
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What can an officer do to minimize chances of being sued for false arrest or imprisonment?
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1) file for warrants when time permits
2) have complainants file charges 3) detail in notes Probable Cause for warrantless arrests |
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What is the most common reason officers are exposed to 'negligence' torts?
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operation of police vehicles.
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what are some common reasons officers are exposed to 'negligence' torts?
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1) roadblocks: not allowing sufficient warning to motorist
2) accident investigation: first job on scene is to warn oncoming motorists 3) improper training |
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what are the two elements necessary to prove civil rights violation by officers?
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1) the conduct must have been "under the color or any law
2) the conduct must have deprived the plaintiff of some right, privilege or immunity guaranteed to him |
