IFSTA: Legal & Liabilities (Ch 5) Flashcards
1
Q
Sources of Laws
A
- Constitutions
- Legislative Actions (statutes or ordinances)
- Judicial Decisions (common or case law)
- Relies on precedence
- Tradition, custom, usage, judicial decisions
- Government Agencies (administrative law0
- OSHA, EPA, State Fire Marshall’s Office
2
Q
7 Classifications of Laws
A
- Substantive
- Procedural
- Common
- Statuatory
- Administrative
- Criminal
- Civil
3
Q
Substantive Law
A
- Established by legislative, government agencies, and constitutions
- Deals with actual issues by:
- establishing principles
- defining duties and obligations
- defining limitations of rights within society
- Examples
- Tort: duty of care provided to another party
- Contract: offers/acceptance of offers
4
Q
Procedural Law
A
- Established by legislative actions and constitutions
- Defines judiciary rules or mechanisms used to enforce substantive laws
- “Federal Rules of Civil Procedures”
- Include (among other things):
- Where to file a case
- What may be filed
- When filing may be made
- How the case will be handled
5
Q
Common Law
A
- Bases laws on English Common Law
- Much has become statutory through adoption and codification by legislatures.
- Examples:
- All states and provinces except Louisiana and Qubec
- Common law marriage now only exists in 10 states and DC
6
Q
Statutory Law
A
- Enacted by legislative bodies
- Examples
- US Federal level: created USFA, OSHA, EPA, EEOC, IRS
- State/provincial level: tax codes, marriage, voting, motor vehical, gaming laws, hunting regulations, health & safety, sanitation, recreation, education, fire districts
- Local level: adopt edition of building and fire code, speed limits on local streets, business licenses, adopt fire dept budgets
7
Q
Administrative Law
A
- Laws created by government agencies to enforce statutory law.
- Define extent of powers/responsibilities of agencies in performing their responsibilities
- Examples
- IRS and OSHA
- OSHA CFR Title 29 (Hazmat waste ops) protect workers in high hazard industries
- EPA, EEOC empowered to create and enforce laws to fulfill their missions
8
Q
Criminal Law
A
- Penal law
- Protects society from wrongful actions
- Established by legislative action at all levels
9
Q
Civil Law
A
- Defines relationships between individuals/groups
- Helps resolve disputes between parites
- AKA “noncriminal laws”
- Established by legislative actions (not judicial actions)
- Examples:
- Property rights
- Contracts
- Taxation
- Privacy
10
Q
Criminal Law
A
- Criminal:
- Deals with rights and responsibilities of individuals towards society.
- Means by which society protects itself
- Penalties include monetary fines and/or jail
- Actions brought by government on behalf of the people
- Beyond a reasonable doubt
11
Q
Civil Law
A
- Deals primarily with private rights and responsibilities
- Means by which individuals seek redress
- Usually in form of monetary damages
- From individuals, corporations, or the government
- Suits are usually brought by an individual against another individual or group
- A balance of probabilities or a preponderance of evidence
12
Q
Plaintiff
A
- Party (claimant or complainant) who initiates a lawsuit (action) before a court
13
Q
Liability
A
State of being legally aobliged and responsible
14
Q
Tort
A
Civil wrong or breach of duty to another person as defined by law
15
Q
Proximate cause
A
- Effective or primary cause of loss or damage or an unbroken chain of events between the occurence and resulting damage
16
Q
Negligence
A
- Failure to exercise the same care that a reasonable, prudent, and careful person would under the same or similar circumstances
17
Q
Malfeasance
A
Commision of an unlawful act, commited by a public official
18
Q
Misfeasance
A
Improper performance of a legal or lawful act
19
Q
Nonfeasance
A
Failure to act when under an obligation to do so; refusal (without sufficient cause) to do that which is a legal duty.
20
Q
Sovereign immunity
A
Doctrine that the federal, state/provincial, or local government is immune to lawsuit unless it gives its consent
21
Q
Vicarious liability
A
Situation that occurs when one person is held responsible for the actions or inactions of another individual; also applies to the liability incurred by an organization for the actions or inactions of an employee.
22
Q
Criminal liability
A
- Codified in a criminal or penal code and everyone within the jurisdiction is subject to these laws. Arson, murcer, rape, robbery, theft, embezzlement, fraud, kidnapping, extortion, drunk driving, etc.
- Some federal laws, but mostly administered by states
- Malfeasance when applied to public servants
23
Q
Civil liability
A
- The basis for all civil law: anyone can sue anyone else. Only need an unresolved issue and someone to be held accountable.
- Punative damages: punish the offender
24
Q
Tort liability
A
- A civil wrong or injury.
- The main purpose of a tort action is to seek payment for property damaged or destroyed.
- Defendant must owe a legal duty to the plaintiff
- Must be a breach of duty.
- Breach of duty must be proximate cause of the accident or injury that resulted
- Plaintiff must have suffered damages as a result
25
Negligence Liability
* Breach of legal duty
* Major issue in most tort liability cases
* Two ways to be found negligent
* Misfeasance (misusing a piece of equipment)
* Nonfeasance (failure to follow guidelines or failure to act).
* Held to a reasonable standard of care (responsibility to act in a manner that is reasonable, based on the information at hand and the resources available)
26
Negligence liability: factors when acting in hazardous conditions
* Gravity of harm posed by the condition
* Likelihood of harm
* Availablility of a method and/or equipment to correct the situation
* Usefulness of the condition for other purposes
* Burden of removing the condition
27
Negligence liability: sources that establish the standard of care
* Agency directives and policies
* Directives of a superior agency (legal mandates)
* Guidelines and policies of other agencies (locally accepted practices)
* Guidelines and standards developed by professional organizations (NFPA)
* Professional texts and manuals
* Professional journals
* Research publications
* Opinions of expert witnesses
28
Personal libility
* Duty owed to the public for a reasonable standard of care extends to all parties that are responsible for abating hazardous situations and delivering emergency care.
* Obligation to not cause harm or further injury
29
Fireman's Rule
* Responders know the risks involved and are trained to deal with them
* Therefore, not entitled to redress from property owner (unless the result of a crime)
30
Government Immunity: Status in various states
* Still in force
* Limited liability via tort claims act:
* Suits instituted as perscribed by statute
* Suits broght before special tribunal
* Suits authorized only within prescribed limits
* Legislative claims boards: approve valid claims made by citizens against the state
* Abandoned immunity (left to courts as if state were a private citizen)
31
Federal laws
* OSHA
* EPA
* Title VII of the Civil rights Act of 1964
* EEOC
* ADA
* FLSA
* DOT (EMS providers)
32
OSHA
Fire service applications include:
* Respiratory protection when working in IDLH
* 2-in-2-out
* Confined space operations
33
EPA
FS applications
* Shipment of HazMat
* Releases of contaminants
34
Civial Rights Act
* Protected classes
* Created the EEOC
* Created affirmative action
* Title VII added:
* Do not discriminate in employment
* Eliminate the present effects of past discrimination
35
Affirmative action: 4 primary areas of employment discrimination
* Disparate treatment
* Adverse impact
* Sexual harassment
* Reasonable accomodation
36
Disparate Treatment
* Treating an applicant differently than those from another race, gender, ect.
* Gender-specific questions
* Excluding older applicants
* Single parents
* Pregnancy
37
Adverse Impact
* Employer uses a test/screening device that adversely affects members of a protected class
* Requiring high school diploma
* Requiring EMT, FF I
* Minimum height and weight
* Certain performance tests
* Must be directly related to performing the job successfully.
38
Sexual Harassment
* Quid proquo
* Hostile work environment
* Speech or conduct severe or pervasive
39
Reasonable Accommodation
* Employers required to do what is reasonable to accommodate their employees differences.
* Religion
* Gender
* Permanant physical or mental impariment
40
ADA
* Federal government, Native american tribes, private clubs exempt
Includes
* Hotels/motels
* Restaurants
* Grocery stores
* Retail shops
* Offices
* Fire Stations
41
National Concensus Standards
* NFPA
* ASTM
* UL
* ICC (International Code Council)
* DoD
* ANSI
