Human Relations: Article 32

Question 1

State Article 32.

Answer 1

Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any manner impedesor impairs any of the following rights and liberties of another person shall be liable to the latter for damages.

The indemnity shall include moral damages. Exemplary damages may also be adjudicated.

The responsibility herein set forth is not demandable from a judge unless his act or omission constitutes a violation of the Penal Code or other penal statute.

Question 2

What are the two kinds of duties exercised by public officers?

Answer 2

1) Duties to the Public

2) Duties to individuals

Question 3

An individual cannot file a civil case against a public officer WITHOUT…

Answer 3

a particular injury, or a particular right.

Question 4

For a plaintiff to maintain an action for damages for the injuries of which he complains, he MUST…

Answer 4

ESTABLISH that such injuries resulted FROM A BREACH OF DUTY which the defendant owed the plaintiff.

Question 5

What are the elements of a CAUSE OF ACTION?

Answer 5

1) A right in favor of the plaintiff
2) An obligation on the part of the named defendant
3) An act or omission on the part of such defendant violative of the right of the plaintiff or constituting a breach of the obligation