Chapter 5-Legal Responsibilities and Liabilities Flashcards
3 things that are important for a company officer to be familiar with?
- The Fireman’s Rule
- Organizational policies, rules, and regulations
- Federal, state/provincial, and local laws/ordinances
A rule of conduct or procedure established by custom, agreement, or authority.
Law
What is are the basic “laws of the land” in both the U. S. and Canada?
The federal constitutions
What are the three branches of the federal government?
- Judicial
- Legislative
- Executive
Which branch of the government creates laws?
Legislative
Which branch of the government implements, administers, and enforces laws?
Executive
The Judicial branch is responsible for?
Interpreting laws
Which types of laws are the result of legislative actions?
Statutory laws
Which type of laws are based on tradition, custom usage, and decisions of the judicial courts within a particular country, society, or culture?
Common Laws
Laws created by government agencies and used to enforce the implement statutory law?
Administrative laws
Acts of terrorism are examples of ____ laws.
criminal
Liability means?
A legal obligation or responsibility
When a criminal act applies to public servants, it is called?
Malfeasance
If an employee commits a crime while on duty, who is responsible?
The employee
What is the definition of tort?
a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another
Most civil actions against fire and emergency service organizations are related to ____ liability.
tort
When a person possesses a greater amount of expertise than others, that person’s ______ is proportionately greater.
legal duty
The standard of care says that an EMT id responsible for the standard that a ____ would be expected to meet.
reasonable, prudent, and careful EMT
An EMT improperly using an AED he or she has been trained to use is an example of:
Misfeasance.
The Fireman’s Rule says that:
Property owners cannot be held responsible for a firefighter’s injuries.
Which doctrine states that the federal, state, or local government is immune to lawsuit unless it gives its consent?
Sovereign Immunity
Company officers should be familiar with federal laws that relate to: (3)
- protecting health and safety
- protecting the environment
- protecting their subordinates’ employment rights
Which government agency is responsible for creating major health and safety laws?
OSHA
Environmental laws are created by?
The EPA
OSHA regulations for which company officers are responsible are contained in?
Title 29 CFR
Who can be held responsible if environmental protection regulations are not followed?
Company officers and subordinates
The Civil Rights Act eliminates discrimination in employment due to: (5)
- race
- color
- religion
- sex
- national origin
Affirmative action means that:
standards for recruitment must be essential for the work
Treating an applicant or employee differently than those of another race, gender, religion, etc. is an example of?
Disparate treatment
Discriminating against a single parent or pregnant woman is an example of:
Disparate treatment
Using minimum height and weight requirements in the hiring process is an example of?
Adverse impact
Sexually oriented jokes and explicit e-mails are examples of
hostile work environment
ADA regulations in employment apply to organizations with ____ employees.
15 or more full time
The Fair Labor Standards Act (FLSA) guarantees
Workers in the private sector be paid OT at a time and one-half salary rate if they work more than 40 hours in one week.
The majority of the national consensus standards that fire and emergency services organization in the US and Canada use are developed and published by?
The NFPA
A private, nonprofit organization that administers and coordinates the voluntary standardization and conformity assessment system.
ANSI
