Legal Liability

Question 1

What is a crime?

Answer 1

A crime is a public injury and comes with a fine, imprisonment, or death.

Question 2

What is a Tort?

Answer 2

A tort is a private injury and typically comes with a money settlement. Either party can appeal.

Question 3

What are the three categories of a Tort?

Answer 3

The three categories of a tort are Negligent, Intentional, and Costitutional.

Question 4

What are the elements of Negligence Tort?

Answer 4

duty, breach, causation, injury– proximate cause – is the harm foreseeable

Question 5

What are the elements of an Intentional Tort?

Answer 5

reasonable certainty that harm will occur. Example of the kid pulling the chair out from under grandma and trying to put it back.

Question 6

What is the constitutional Tort and elements?

Answer 6

It is Statutory in nature and looked at through the lens of negligence

Question 7

What is the 13th amendment?

Answer 7

Abolished Slavery and made it illegal.

Question 8

What is the 4th amendment?

Answer 8

it is to keep a person secure in their person and home against unreasonable search and seizure.

Question 9

What is the 14th amendment?

Answer 9

Made all residents citizens and provided them with privileges and immunities, due process, and equal protection under the law. The 14th amendment was a direct result of Dredd Scott case and attempted to overturn it.

Question 10

What is the 15th amendment?

Answer 10

The 15th amendment provided the right to vote.

Question 11

What is Plessy v Ferguson

Answer 11

It established the idea that separate and equal was legal and acceptable.

Question 12

What was Brown v Board of Education?

Answer 12

It overturned Plessy v Ferguson and said separate but equal was not acceptable and it was not legal.

Question 13

What is title 18 USC section 242?

Answer 13

Criminal counterpart to 1983. It makes it a crime for any person to act “under color of legal authority” and willfully deprives a federal constitutional or statutory rights.

Question 14

What is title 18 USC 241?

Answer 14

The title is in reference to conspiracies’ to deprive citizens of their rights. The title is aimed at KKK.

Question 15

What is title 42 USC 1983?

Answer 15

Every person who, under color of any statute,
ordinance, regulation, custom, or usage, of any
State or Territory or District, subjects, or causes
to be subjected, any citizen of the United States
or other person within the jurisdiction thereof to
the deprivation of any rights, privileges, or
immunities secure by the Constitution and laws,
shall be liable to the party injured in an action at
law, suit in equity, or other proper proceeding
for redress

Question 16

What did Monroe v Pape do?

Answer 16

Monroe v Pape established that under 1983 municipalities could not be held liable as individuals. (it was later overturned)

Question 17

Monell v NY department of social services

Answer 17

The case changed 1983 to say that municipalities could be held liable as individuals. The state was forcing women to take unpaid maternity leave. POLICIES AND PRACTICE IS EVALUATED.

Question 18

What is the Johnson v Glick case?

Answer 18

“shocks the conscience” – is there a need for force, how much injury and was it inflicted in good faith, and was the force used maliciously or sadistically for the purpose of causing harm. Old case law.

Question 19

Tennessee v Garner

Answer 19

The court case which focuses on lethal force and how it is used. The court looked at felonies and the process with which officers may seize an individual. CHANGED THE STANDARD FROM SHOCKS THE CONSCIENCE TO REASONABLENESS STANDARD IN THE 4TH AMENDMENT

Question 20

Graham v Connor

Answer 20

The case looked at the reasonableness of forces used within the context of the case. The incident also established that an officers actions were judged by “a reasonable officers actions” and not 20/20.

Question 21

Color of Law

Answer 21

The appearance or semblance without the substance of legal authority. when acting in the performance of our duty.

Question 22

Respondent Superior

Answer 22

When the employer or supervisor is responsible for the employees and anything that happens.

Question 23

what are some examples of intentional torts

Answer 23

Assault/Battery, Excessive Force, False Arrest, False Imprisonment, Malicious Prosecution, Defamation, Intentional Infliction of Emotional Distress, Invasion of Privacy, Wrongful Death, and Georgia Recognizes a common law cause of action for sexual harassment.

Question 24

What are some defenses for intentional torts

Answer 24

– Justification (I had a reason for what happened), authorization (I was authorized to do it), Recapture of property (just like it sounds), Consent, lack of intent (since these are intentional torts)

Question 25

What are some examples of negligent torts

Answer 25

motor vehicle operation, failure to protect (only under certain circumstances, failure to train (usually brought to action through a 1983 case), failure to prevent suicide (generally in relation to 10-13 order and enforcement of that), negligent hiring (background, mental eval, standards), retention, assignment, supervision, and wrongful death.

Question 26

What are some defenses to negligence torts

Answer 26

contributory negligence (did the victim contribute to the injury and have blame for the actions), comparative negligence (it is not a complete defense. It compares the level of negligence and acknowledges that both may be at fault. Victim can still recover damages though), and assumption of risk (when the victim knew or should have known there would be risk to their actions)

Question 27

Qualified Immunity

Answer 27

protection from liability that is granted so long as established law and constitutional rights are not violated FEDERAL - OFFICIAL IMMUNITY IS STATE

Question 28

Failure to Train - what constitutes this

Answer 28

A single incident is not typically enough. Elements - Violation of federally protected rights, inadequate training of employees, some causation between the inadequate training and the injury. We MUST train those things that we have a MORAL CERTAINTY we will encounter and yet don’t train.

Question 29

Failure to Supervise

Answer 29

elements for this are actual or constructive knowledge, deliberate indifference, constitutional harm that comes from a direct result of it.

Question 30

What amendment applies to unintentional seizures which deprive due process.

Answer 30

The 14th amendment

Question 31

What amendment deals with intentional seizure of a person.

Answer 31

The 4th amendment.

Question 32

What are some of the factors to consider for liability during a police pursuit?

Answer 32

type of crime involved, type of location where pursuit occurs, time of day or night, likelihood of harm from not apprehending the suspects, weather and road conditions, traffic conditions, safety of officers, communication with supervisors, passengers, can suspects be apprehended later, do we know who the suspect is, officers knowledge of area.

Question 33

What is a search?

Answer 33

– governmental intrusion into a persons reasonable expectation of privacy

Question 34

What happens when a search is conducted without a warrant?

Answer 34

• Any search that is conducted without a warrant is presumed to be unreasonable unless it fits a well-recognized exception.

Question 35

Mapp v Ohio

Answer 35

Evidence discovered during violation of a 4th amendment is inadmissible in court.

Question 36

What did Payton v New York establish

Answer 36

court said that a warrantless entry into a home in order to make a routine felony arrest. You may enter with an arrest warrant or search warrant. You may enter on arrest warrant if it is reasonable to believe it is THEIR home and that they are home now.

Question 37

What does US v Rengifo establish

Answer 37

establishes the conditions for exigent circumstances

Question 38

Steagald v United States

Answer 38

an arrest warrant does not authorize entry into another person’s residence where the suspect may be found. Arrest warrant only gives access to the suspects place of residence. Unless consent or emergency circumstances.

Question 39

What did Brown v State establish

Answer 39

an arrest in a private dwelling is a lawful activity when based upon the theory of hot pursuit.

Question 40

What did Poss v State establish

Answer 40

– the critical elements of hot pursuit are continuity and immediacy of the pursuit.

Question 41

Coffin v Brandau

Answer 41

deputies entered an open garage and arrested a female and due to the fact that the garage was open the garage was determined to be NOT CUTILAGE.

Question 42

US v Dunn

Answer 42

4 factors to determine curtilage – how close is the structure to the home, is it enclosed, the nature and uses to which the area is put, whatever steps the resident takes to protect that area.

Question 43

What amendment does Miranda apply

Answer 43

5th amendment

Question 44

Georgia v Randolf

Answer 44

consent to search a residence. If you have two parties and one says yes and one says no you can not search. If one occupant is present and consents and the other is not home to deny entry you may search.