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32 Cards in this Set
- Front
- Back
What are the two avenues for litigating municipal police misconduct? |
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What is the meaning of the Latin word tortus? |
Twisted or Bent |
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What is the meaning of the French word tort? |
Wrong |
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What is a Tort? |
A civil legal action against private parties not arising from written contracts. A Civil Wrong!!! |
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What is a crime? |
Crimes are harms punished by the state. |
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What are the 3 general torts under state law? |
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What is a strict liability tort? |
Behaviors so dangerous and hazardous its certain will result in injury or damage. Do not usually apply to police officers Example of use: Police use military style tactics at time for drug trafficking |
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What is an intentional tort? |
Officer intended to engage in conduct that led to damage or injury. Behavior was intentional
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How are intentional torts distinguished? |
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What are the various forms of intentional torts?
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AB WIFI |
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What is a Wrongful Death? |
wrongfulness of act is determine by: Was force used lawful and reasonable |
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Assault and Battery |
Self explanatory |
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What is false arrest? What factors must be claimed for false arrest? |
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What is false imprisonment? What are the factors needed to claim? |
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What is Invasion of privacy & false light? What are the 3 parts of simple invasion? |
Three parts:
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What must be shown for an Intentional Infliction of emotional distress tort? |
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What is a negligent tort? |
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What are the four elements needed to establish a case of negligence? |
These 4 elements must be shown
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What is a legal duty? |
Legal duties require police officers to take action or to refrain from taking actions. |
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What is breach of duty? |
Police inaction. Violated a duty to the citizen. Determined from factual situations |
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What is Proximate cause? |
Conduct by the officer that was proximate cause of injury or damage. Determined by asking: but for the officers conduct, would the plaintiff have sustained the injury
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Damage or Injury |
Plaintiff must show damage or injury. Future damage is not enough |
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What are the 8 common claims of police negligence? |
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Barriers and defenses to police liability What are the most common legal doctrines barring police liability? |
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What are the most commonly used defenses to claims of negligence? |
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What s does Sovereign Immunity protect. |
Protects federal and states from being suits by citizens.
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What is the Public Duty Doctrine? |
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What is the exception to the public duty doctrine? |
Special Relationships and Duties
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What is contributory negligence defense? |
If shown the plaintiff was also negligent in causing damage or injury, the officer not held liable
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What is comparative negligence doctrine? |
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What is assumption of risk docrtine? |
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What is Sudden Peril doctrine? |
Protects officers who had split second to react to an emergency. |