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Promotional Tests > IFSTA: Legal & Liabilities (Ch 5) > Flashcards

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
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2
Q

7 Classifications of Laws

A
  • Substantive
  • Procedural
  • Common
  • Statuatory
  • Administrative
  • Criminal
  • Civil
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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
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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
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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
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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
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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
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8
Q

Criminal Law

A
  • Penal law
  • Protects society from wrongful actions
  • Established by legislative action at all levels
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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
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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
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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
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12
Q

Plaintiff

A
  • Party (claimant or complainant) who initiates a lawsuit (action) before a court
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13
Q

Liability

A

State of being legally aobliged and responsible

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14
Q

Tort

A

Civil wrong or breach of duty to another person as defined by law

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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
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16
Q

Negligence

A
  • Failure to exercise the same care that a reasonable, prudent, and careful person would under the same or similar circumstances
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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
Q

Negligence Liability

A
  • 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
Q

Negligence liability: factors when acting in hazardous conditions

A
  • 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
Q

Negligence liability: sources that establish the standard of care

A
  • 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
Q

Personal libility

A
  • 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
Q

Fireman’s Rule

A
  • 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
Q

Government Immunity: Status in various states

A
  • 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
Q

Federal laws

A
  • OSHA
  • EPA
  • Title VII of the Civil rights Act of 1964
  • EEOC
  • ADA
  • FLSA
  • DOT (EMS providers)
32
Q

OSHA

A

Fire service applications include:

  • Respiratory protection when working in IDLH
  • 2-in-2-out
  • Confined space operations
33
Q

EPA

A

FS applications

  • Shipment of HazMat
  • Releases of contaminants
34
Q

Civial Rights Act

A
  • Protected classes
  • Created the EEOC
    • Created affirmative action
  • Title VII added:
    • Do not discriminate in employment
    • Eliminate the present effects of past discrimination
35
Q

Affirmative action: 4 primary areas of employment discrimination

A
  • Disparate treatment
  • Adverse impact
  • Sexual harassment
  • Reasonable accomodation
36
Q

Disparate Treatment

A
  • Treating an applicant differently than those from another race, gender, ect.
    • Gender-specific questions
    • Excluding older applicants
    • Single parents
    • Pregnancy
37
Q

Adverse Impact

A
  • 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
Q

Sexual Harassment

A
  • Quid proquo
  • Hostile work environment
    • Speech or conduct severe or pervasive
39
Q

Reasonable Accommodation

A
  • Employers required to do what is reasonable to accommodate their employees differences.
    • Religion
    • Gender
    • Permanant physical or mental impariment
40
Q

ADA

A
  • Federal government, Native american tribes, private clubs exempt

Includes

  • Hotels/motels
  • Restaurants
  • Grocery stores
  • Retail shops
  • Offices
  • Fire Stations
41
Q

National Concensus Standards

A
  • NFPA
  • ASTM
  • UL
  • ICC (International Code Council)
  • DoD
  • ANSI

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