gonzo notes chapter 5 Flashcards
Law in the United States depends on two sources for development and explanation: _______ bodies (Congress and state legislatures) and _______, both state and federal.
Legislative (congress and state)
courts
o A statutory law is adopted by a legislative body, written in the form of a statute, and then signed by the _____ or a state’s ______
President
governor
• Courts create ________ law through decisions made in connection with a particular legal controversy; the decision applies to any future case involving the same (or similar) facts.
common (or case)
• Common law was created to resolve ________
Disputes
________courts or courts of ______.
Appellate
Record
• Statutory law and common law are not always distinct. A legislative body may, by statute, overrule common law. An appellate court may declare a statute unconstitutional. (In matters involving fire departments and firefighters, only the _________ Court has truly national jurisdiction.)
U.S. Supreme
In 1964, Congress passed the first civil rights act since Civil War times. __________________stimulated enormous interest in individual rights, including the right to obtain (and retain) a job as a firefighter.
The Civil Rights Act of 1964
In matters involving fire departments and firefighters, only the U.S. Supreme Court has ______ ___________
national jurisdiction
• Age Discrimination in Employment Act (ADEA) was passed in ____ and has enjoyed an interesting history since then. Originally, it prohibits discrimination on the basis of age against all persons __ years of age or older, and it covered private employers and local governments employing __ ___ ____employees. Does not apply to states that have _____ ______ (there are __ states)
1967 40 20 or more Sovereign Immunity 23
• Fair Labor Standards Act (FLSA), first enacted in ____, FLSA governs work schedules; specifically, it establishes the right of employees to time and-one-half compensation after a minimum number of hours worked in a defined work period. A defined work period in the fire service profession is between __-__days
1938
1938
7 – 28
• Fourth Amendment
o Protects Americans against unreasonable ______.
Employers can search material on the computers though (emails)
searches
• Americans with Disabilities Act (ADA) became law in ____. ADA protects “qualified individuals with disabilities from discrimination in public service or employment. A “qualified individual” is defined as a person who can perform the “essential functions” of a job “with or without reasonable accommodation.”
1990
• Family and Medical Leave Act (FMLA). Established a right for employees to have unpaid medical leave when employed by employers with __ or more employees, including local governments. FMLA provisions include the following:
50
o The employee must have worked for the employer for at least ___ year and cannot collect unemployment or other government benefits during the leave period.
o An employer can deny leave to any of the highest-paid __% of its employees if allowing the leave would cause “substantial and grievous injury” to the employer’s operations.
One
10%
• Occupational Safety and Health Act (OSHA).
o Enacted by Congress in ____.
o Created _____ (research)
• Occupational Safety and Health Act (OSHA). o Enacted by Congress in \_\_\_\_. o Created \_\_\_\_\_ (research) 1973 NIOSH
• There are several OSHA standards that are of special interest to fire chiefs.
o One sets out the regulations relating to blood-borne pathogens
o Another important OSHA regulation is the Respiratory Protection Standard
Two-in, Two-out rule
• Exception to this rule is with the ______ of an occupant
Firefighter’s must remain in contact (_____, or ______) with each other at all times in IDLH
• Radios _____ satisfy this requirement but should be used
Rescue
visual, or voice
don’t
o State Civil laws are based on a combination of ____ law and _______ law
o State Criminal law is based largely on _______law
Case
Statutory
Statutory
If a crime is suspected, a ______ warrant is required.
criminal
If to determine cause and origin, or to inspect the property, an ________warrant is needed.
administrative
For fire chiefs, the most important ordinance or charter provision is that which establishes the fire department and describes its ______. This is because the success of a governmental immunity defense in a lawsuit often depends on whether firefighters or fire officers were “acting within the scope of their _______,” that is, doing what they were authorized to do by law.
Mission
employment
Alternative Dispute Resolution: Example are ________ and _________
Mediation and Arbitration
• Over the past several hundred years, British and American courts developed the concept of _____, injury to a person or that person’s property.
tort
o One type is an intentional tort, which includes defamation (libel and slander), malicious prosecution, and civil battery.
o Another, and by far the most common tort, is________.
negligence
• If the act that led to injury required ___________judgment, a government was held ________from liability
Discretionary
immune
o A judge who acts as a jury is called:
A Bench Trail
o The Judge is the:
Tier of the Law
o The Jury is the:
Tier of the Facts
GOOD SAMARITAN LAWS
• Some states include firefighters and rescue workers in “Good Samaritan” coverage, but in other states, those Good Samaritan” laws do not cover firefighters, but rather only protect ________firefighters
GOOD SAMARITAN LAWS
• Some states include firefighters and rescue workers in “Good Samaritan” coverage, but in other states, those Good Samaritan” laws do not cover firefighters, but rather only protect ________firefighters
volunteer
o For a Fire Chief, one of the important most ordinances is the one that establishes the fire department and describes its ______
mission
o Under Title VII, the maximum amount of time from the time of the discrimination that the employees is given to file a complaint is ___ days
180 days
__________is most often associated with resolving collective bargaining disputes
arbitration
