Civil rights and liabilities Flashcards
that body of
legislatively enacted statutes that define crimes and their punishments
criminal law
that body of law more
concerned with the rights of
individuals
Civil law
plaintiff, proof by “proponderance of evidence” “liable”…these are all what?
elements of a civil suit
governments responsibility, proof beyond reasonable doubt, sentence and incarceration…are elements of a?
criminal case
civil wrong or wrongful act, recognized by law, from which injury occurs to another.
Tort
acting under color of law, what does this mean?
acting in the performance of official duties, clothed in the authority of state
color of law, causes a person to be subjected, deprive rights, privileges, immunities secured by constitution
42 USC 1983
what is the burden of proof for 42 USC 1983?
preponderance of evidence…51%
color of law, WILLFULY subjects or causes person to be subject to…deprivation of rights, privilages, immunities secured by constitution OR…punishment pains or penalties.
18 USC 242
what is the burden of proof for 18 USC 242?
beyond a reasonable doubt.
equal opportunity to participate in and benefit from state and local governments” programs, services, and activities
Americans with disabilities act
legal duty owed/breach of duty/damage results in injury/breach of duty is cause of injury….are elements of
Tort claim
two main types of suits against police…?
general liability, vehicle liability
permits officers to perform their duties without fear of constantly defending
themselves against insubstantial claims for damages. At the same time, it still allows the public to
recover damages where officers unreasonably violate a person’s constitutional or federally protected
rights.
qualified immunity
A law enforcement officer acting in good faith shall not be liable in any civil action for issuing or not issuing a citation
ORS 163.753
Qualified Immunity
