Legal Liability Flashcards
What is a crime?
A crime is a public injury and comes with a fine, imprisonment, or death.
What is a Tort?
A tort is a private injury and typically comes with a money settlement. Either party can appeal.
What are the three categories of a Tort?
The three categories of a tort are Negligent, Intentional, and Costitutional.
What are the elements of Negligence Tort?
duty, breach, causation, injury– proximate cause – is the harm foreseeable
What are the elements of an Intentional Tort?
reasonable certainty that harm will occur. Example of the kid pulling the chair out from under grandma and trying to put it back.
What is the constitutional Tort and elements?
It is Statutory in nature and looked at through the lens of negligence
What is the 13th amendment?
Abolished Slavery and made it illegal.
What is the 4th amendment?
it is to keep a person secure in their person and home against unreasonable search and seizure.
What is the 14th amendment?
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.
What is the 15th amendment?
The 15th amendment provided the right to vote.
What is Plessy v Ferguson
It established the idea that separate and equal was legal and acceptable.
What was Brown v Board of Education?
It overturned Plessy v Ferguson and said separate but equal was not acceptable and it was not legal.
What is title 18 USC section 242?
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.
What is title 18 USC 241?
The title is in reference to conspiracies’ to deprive citizens of their rights. The title is aimed at KKK.
What is title 42 USC 1983?
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
What did Monroe v Pape do?
Monroe v Pape established that under 1983 municipalities could not be held liable as individuals. (it was later overturned)
Monell v NY department of social services
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.
What is the Johnson v Glick case?
“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.
Tennessee v Garner
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
Graham v Connor
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.
Color of Law
The appearance or semblance without the substance of legal authority. when acting in the performance of our duty.
Respondent Superior
When the employer or supervisor is responsible for the employees and anything that happens.
what are some examples of intentional torts
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.
What are some defenses for intentional torts
– 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)
What are some examples of negligent torts
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.
What are some defenses to negligence torts
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)
Qualified Immunity
protection from liability that is granted so long as established law and constitutional rights are not violated FEDERAL - OFFICIAL IMMUNITY IS STATE
Failure to Train - what constitutes this
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.
Failure to Supervise
elements for this are actual or constructive knowledge, deliberate indifference, constitutional harm that comes from a direct result of it.
What amendment applies to unintentional seizures which deprive due process.
The 14th amendment
What amendment deals with intentional seizure of a person.
The 4th amendment.
What are some of the factors to consider for liability during a police pursuit?
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.
What is a search?
– governmental intrusion into a persons reasonable expectation of privacy
What happens when a search is conducted without a warrant?
• Any search that is conducted without a warrant is presumed to be unreasonable unless it fits a well-recognized exception.
Mapp v Ohio
Evidence discovered during violation of a 4th amendment is inadmissible in court.
What did Payton v New York establish
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.
What does US v Rengifo establish
establishes the conditions for exigent circumstances
Steagald v United States
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.
What did Brown v State establish
an arrest in a private dwelling is a lawful activity when based upon the theory of hot pursuit.
What did Poss v State establish
– the critical elements of hot pursuit are continuity and immediacy of the pursuit.
Coffin v Brandau
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.
US v Dunn
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.
What amendment does Miranda apply
5th amendment
Georgia v Randolf
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.
