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30 Cards in this Set
- Front
- Back
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Liability |
Legal Responsibility for something especially cost or damages. |
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Crime |
an act committed or omitted In violation of a law forbidding or commanding it and for which punishment is imposed upon conviction |
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Tort |
A private or civil wrong other than a breach of contract in which the action of 1 person causes injury to the person or property in violation of a legal duty imposed by law |
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Burden of proof for criminal liability |
Accuser must prove beyond a reasonable doubt that the accused Did commit the act and did so willfully and with intent |
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Tort burden of proof |
Prove through a pre ponderance of the evidence the defendant did commit the act |
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Title 42 section 1983 |
Acting under color of law. Alleged deprivation of rights secured by the constitution and laws |
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3 levels of Negligence |
Simple negligence gross Gross negligence Wilful negligence |
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Simple negligence |
Failure to use the degree of care that an ordinary prudent person would use in like circumstances. |
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Gross negligence |
Failure to perform a manifest duty in reckless disregard of the consequences |
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Wilful negligence |
An intentional act of unreasonable character in disregard Of a known risk so obvious that the actor must have been aware of it. And so great as to make it highly probable that harm would follow. |
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Requirements to prevail in a tort action |
Duty Deviate Direct Damage
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Duty |
A legal duty requiring 1 to conduct himself according to a certain standard |
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Deviate |
A failure to confirm conduct to the standard |
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Direct |
Sufficiently close link between the act of negligence and the harm suffered by another |
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Damage |
Results suffered by another |
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Categories of tort |
Intentional Negligent Constitutional |
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Negligent Retention |
Failure to take action when you have determined a training is unsuitable to continue |
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Negligent Entrustment |
Failure to control dangerous equipment or devices which are interested to trainees |
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Negligent supervision |
Failure to coordinate control or direct training conduct Which may cause an injury |
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Negligent training |
Failure to train all or Improper training |
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EEOC |
Equal employment opportunity commission |
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Equal employment opportunity commission regulation. |
Makes it unlawful for an employer to Discriminate because of race color religion sex or national origin |
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Disparate treatment |
The kind of treatment a trainee receives from trainers which may differ from the treatment given to other trainees |
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Disparate Impact |
Training practices which appear facially neutral but will impact more severely one protected class. |
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Potential traps and liability |
Dating students Making offensive remarks Failing to adhere to established standards |
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Steps to reduce Liability risk |
Written procedures Follow approved lesson plan Follow safe practices Reasonable class sizes Super vision Test equipment on a regular basis Set out specific procedures and follow them Keep activity areas clear of debris Use all available safety devices Ensure records are accurate Keep course materials up to date |
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GFSTC |
Georgia firefighter standards and training council |
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Negligent causes of action which form the basis for trainer liability |
Negligent: Retention Entrustment Supervision Training |
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Regulatory agencies |
GPOST GFSTC |
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GPOST |
Georgia peace officer standards and training council |
