Sac- Fire Science Legal Aspects

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ARREST

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THE LAWFUL SEIZURE OF ONE PERSON BY ANOTHER

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CITIZENS ARREST

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AN ARREST MADE BY SOMEONE OTHER THAN A DULY AUTHORIZED PEACE OFFICER

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PEACE OFFICER

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ANOTHER TERM FOR LAW ENFORCEMENT OFFICER IN MANY STATES

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ARREST WARRANT

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AN ORDER ISSUED BY A JUDGE OR MAGISTRATE AUTHORIZING ANY PEACE OFFICER TO TAKE A SUSPECT INTO CUSTODY: PROBABLE CAUSE

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CRIMINAL COMPLAINT

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A FORMAL COURT APPROVED DOCUMENT COMMONLY PREPARED BY THE POLICE THAT INCLUDES A STATEMENT DESCRIBING WHAT THE DEFENDANT ALLEGEDLY DID AND THE SPECIFIC LAWS THE DEFENDANT IS CHARGED WITH VIOLATING

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GRAND JURY

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A JURY USED IN CERTAIN TYPES OF CRIMINAL CASES

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INDICTMENT

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THE FORMAL ALLEGATION OF CRIMINAL WRONGDOING ISSUED BY A GRAND JURY

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PETIT JURY

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A JURY WHOSE PURPOSE IS TO SERVE AS THE FACT FINDER IN THE TRIAL

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NOLO CONTENDRE

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A PLEA, WHICH NEITHER ADMITS NOR DENIES THE COMMISSION OF THE CRIME, BUT AGREES THAT THE EVIDENCE IS SUFFICIENT ENOUGH TO ESTABLISH GUILT

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EXCLUSIONARY RULE

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PROHIBITS THE USE OF EVIDENCE THAT WAS OBTAINED IN VIOLATION OF A DEFENDANTS RIGHTS

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EXIGENT CIRCUMSTANCES

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REQUIRING POLICE OFFICERS TO OBTAIN WARRANTS BEFORE ACTING WOULD HAVE REAL, IMMEDIATE, AND SERIOUS CONSEQUENCES

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FIRE SCENE EXCEPTION

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WARRANTLESS ENTRY BY FIREFIGHTERS AT A FIRE IS LAWFUL

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CHAIN OF CUSTODY

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DOCUMENTED PROOF OF POSSESION OF PHYSICAL EVIDENCE, FROM THE TIME OF SEIZURE UNTIL ITS INTRODUCTION INTO TRIAL

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PRINCIPAL

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PERSON WHO ACTUALLY COMMITS THE CRIME

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ACCESSORY

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SOMEONE WHO HELPED PRINCIPAL COMMIT A CRIME, BUT NOT ACTUALLY THERE

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AIDER AND ABETTOR

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ANYONE WHO KNOWINGLY ASSISTS SOMEONE IN THE CRIME, OR WHO HELPS THEM EVADE OR COVER UP

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CONSPIRACY

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AN AGREEMENT TO COMMIT A CRIME OR BREAK THE LAW

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SELF DEFENSE

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PERSON ENTITLED TO USE REASONABLE FORCE TO DEFEND HIMSELF FROM AN ATTACK

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DEFENSE OF OTHERS

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COMING TO AID OF OTHERS

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INSANITY

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PERPATRATOR MUST HAVE LACKED SUBSTANCIAL CAPACITY EITHER TO APPRECIATE THE WRONGULLNESS OR CONFROM HIS CONDUCT (IRRESISTABLE IMPULSE)

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TORT

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A CIVIL WRONG: ACT COMMITTED BY A PARTY THAT CAUSES INJURY TO ANOTHER

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CONSENT

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WILLINGNESS OF THE RECIPIENT TO ALLOW PHYSICAL CONDUCT OR OTHER CONDUCT THAT MIGHT BE OTHERWISE OBJECTIONABLE

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EXPRESS

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DIRECTLY AND DISTINCTLY STATED OR EXPRESSED RATHER THAN IMPLIED

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IMPLIED CONSENT

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CONSENT TO MEDICAL TREATMENT FOR A PATIENT IN NEED OF MEDICAL TREATMENT BUT LACKS THE CAPACITY TO CONSENT OR DENY

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INFORMED CONSENT

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PERSON MUST UNDERSTAND WHAT THEY ARE CONSENTING TO

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FALSE ARREST

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MISTAKEN ARREST

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DEFAMATION

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DAMAGE TO A PERSONS REPUTATION THROUGH FALSE, HARMFUL, STATEMENTS MADE TO OTHERS

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SLANDER

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DEFAMATION THAT IS ORAL: VICTIM MUST PROVE MONETARY LOSS

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LIBEL

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DEFAMATION THROUGH WRITTEN OR PRINTED FALSEHOODS

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ACTUAL MALICE

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STATEMENT MADE BY A PERSON WHO KNEW THE STATMENT WAS FALSE, OR ACTED WITH WRECKLESS DISREGARD

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4 TORTS UMBRELLA OF INVASION OF PRIVACY

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1. UNREASONABLE INTRUSION ON THE SECLUSION OF ANOTHER (WIRETAPS, CAMERAS)
2. USING SOMEONES IDENTITY FOR COMMERCIAL ADVANTAGE
3. RELEASE OF PRIVATE INFORMATION
4. PLACING ANOTHER IN FALSE LIGHT (PERSON FALSELY ASSOCIATED WITH SOMETHING)

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NEGLIGENCE (CIVIL TORT)

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THE FAILURE TO EXCERCISE THAT REASONABLE PRUDENT PERSON WOULD HAVE EXCERCISED UNDER THE CIRCUMSTANCES THAT CAUSED DAMAGES TO ANOTHER

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ELEMENTS OF NEGLIGENCE

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1.AN ACT OR OMISSION
2. DAMAGES TO PLAINTIFF
3. BREACH OF STANDARD OF CARE

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PROXIMATE CAUSE

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THE FACT THAT THE ACT IN QUESTION WAS THE LEGAL CAUSE OF THE HARM THAT RESULTED

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INTERVENING ACT

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THE ACT OF THIRD PERSON THAT BEAKS THE CHAIN OF THE CAUSE: ELIMINATES LIABILITY BETWEEN AN ORIGINAL WRONDOER AND INJURED PARTY

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STANDARD OF CARE

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MEASURES OF WHAT THE COMMUNITY EXPECTS AND DEMANDS FROM A PERSON IN A GIVEN SITUATION

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PROFESSIONAL STANDARD OF CARE

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STANDARD OF CARE THAT A PERSON WITH PROFESSIONAL SKILLS AND TRAINING IS REQUIRED TO EXCERCISE

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MALPRACTICE

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PROFESSIONAL ACTS OF NEGLIGENCE

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ABANDONMENT

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THE INTENTIONAL STOPPING OF MEDICAL CARE WITHOUT LEGAL EXCUSE OR JUSTIFICATION

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GROSS NEGLIGENCE

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AGGRAVATED FORM OF NEGLIGENCE THAT INVOLVES AN EXTREME DEPARTURE FROM THE ORDIANRY STANDARD OF CARE

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RECKLESSNESS (CIVIL TORT)

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WILLFULL AND RECKLESS BEHAVIOR, ACTOR HAD KNOWLEDGE THAT HARM WAS LIKELY TO OCCUR FROM HIS BEHAVIOR

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CONTRIBUTORY NEGLIGENCE

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IF PLAINTIFF WAS SHOWN TO BE IN ANY WAY CONTRIBULATORY NEGLIGENT IN CAUSING HIS OWN INJURIES, THE DEFENDANT COULD NOT BE HELD LIABLE

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COMPARATIVE NEGLIGNECE

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PROCEDURE WHERBY JURY IS RESONSIBLE FOR APPROTIONING FAULT: 100 PERCENT SCALE: EACH PARTY RECIEVING PERCENTAGE OF FAULT

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FIREMANS RULE

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DEFENSE TO LAWSUITS FILED BY FIREFIGHTERS AND POLICE WHO ARE INJURED IN LINE OF DUTY AGAINST PERSONS WHO CAUSED THE INCIDENT OR CREATED A DANGEROUS CONDITION

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STRICT LIABILITY

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MAKES AN ACTOR RESPONSIBLE FOR ANY AND ALL HARM THAT MAY OCCUR WITHOUR REGARD TO FAULT (DANGEROUS ANIMALS)

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RESONDENT SUPERIOR

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HOLDS AN EMPLOYER LIABLE FOR THE TORTS OF ITS EMPLOYEES

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TORTFEASOR

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LEGAL TERM FOR SOMEONE WHO COMMITS A TORT

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SOVREIGN IMMUNITY

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govt is immune from liability for actions in tort "the king can do no wrong"

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DISCRETIONARY ACT

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ACT FOR WHICH THERE IS NO FIXED REQUIREMENT FOR COURSE OF ACTION, SUCH AS WOULD ELIMINATE THE EXCERCISE OF DISCRETION

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FUNCTIONARY ACT

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ACTS THAT CARRY OUT ESTABLISHED POLICY AS OPPOSED TO EXCERCISING DISCRETION

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GOVERNMENTAL FUNCTION

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AN ACTIVITY UNDERTAKEN BY A GOVT AGENCY THAT IS GENERALLY PROVIDED ONLY BY THE GOVT. (POLICE, FIRE, HWYS)

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PROPIETARTY FUNCTION

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GOVTMENTAL ACTIVITY THAT IS COMMONLY PERFORMED BY A PRIVATE SECTOR (POOLS, HOSPITALS,)

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PUBLIC DUTY DOCTRINE

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WHEN A GOVT ACTOR IS ENGAGED IN A GOVT FUNCTION INVOLVING THE EXCERCISE OF DISCRETION THE ACTOR IS NOT SUBJECT TO LIABILITY (PAROLEE COMMITTING A CRIME)

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CONTRACT

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AN AGREEMENT BETWEEN TWO OR MORE PARTIES THAT CONTAINS MUTUAL PROMISES THAT ARE ENFORCEABLE BY LAW

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CONSIDERATION

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THE INDUCEMENT (PROMISE) TO ENTER INTO THE CONTRACT

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STATUTE OF FRAUDS

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CERTAIN TYPES OF CONTACTS HAVE AT LEAST SOME WRITTEN MEMORANDUM OF THEIR EXISTENCE

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ACTUAL AUTHORITY

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THE FORMAL LEGAL AUTHORITY OF A PERSON TO BIND ANOTHER TO A CONTRACT

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DUE DILIGENCE

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BEFORE ENTERING INTO A CONTRACT WITH A PERSON THE SELLER DETERMINES IF THE AGENT HAS THE ACTUAL AUTHORITY TO BIND THE PRINCIPLE TO THE CONTRACT

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APPARENT AUTHORITY

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$$$

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VOID CONTRACT

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CONTRACT THAT IS UNFORCEABLE EVEN IF BOTH PARTIES DESIRE IT TO BE VALID, (ILLEGAL PURPOSE, VIOLATE THE LAW)

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VOIDABLE CONTRACT

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CONTACT THAT CAN BE VOIDED BY ONE OR BOTH PARTIES, (OUT OF DURESS, MISTAKEN ABOUT MATERIAL FACTOR)

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PROMISSORY ESTOPPEL

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A UNILATERAL PROMISE MADE BY SOMEONE WHO KNOWS THAT THE RECIPIENT WILL BE RELYING UPON THE PROMISE TO HIS DETRIMENT

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SUBROGATION

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THE RIGHT OF A PERSON TO ASSUME LEGAL CLAIMS OF ANOTHER PARTY (INSURANCE SUES WHO CAUSED DAMAGES)

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NAME CLEARING HEARING

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PROVIDING THE EMPLOYEE WITH AN OPPORTUNITY TO BE HEARD RELATIVE TO THE STIGMATIZING ACCUSATIONS

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EXCLUSIVITY

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PROHIBITS AN EMPLOYEE FROM SUING HIS EMPLOYER FOR INJURIES SUSTAINED IN THE SCOPE OF EMPLOYMENT