Legal Terms/ Law Flashcards
Tort Claim
A civil wrong which unfairly causes someone to suffer a loss or harm, resulting in legal liability for the person causing the harm
A Notice
The purpose of a Notice is to put the Agency/County on Notice of the claim
How many days does a Plaintiff have to file a Notice?
180 Days
How long does a Plaintiff have to file their lawsuit?
2 years
The 4 elements of a Tort
- Existence of Duty
- Existence of Breach
- Causation
- Damages
The 3 statutory requirements to state a claim under the federal 1983 Action
- Identify the right
- Must show action or inaction
- Must show individual was damaged
42 U.S.C. 1983 ( Federal 1983 Action)
A federal claim that you deprived someone of their rights, privileges, or immunities secured by the US Constitution. The Focus of the lawsuit is a denial of a Constitutional right.
What is an Answer?
Is required after receiving a summons and complaint. It is a legal document that is your response to the complaint.
What can you do with the allegations?
Admit or Deny
How many days do you have to file an Answer?
20 Days
How can ECO’s avoid legal litigation?
- Follow your SOP’s
- Continues Education
- Avoid Intentional misconduct
- Avoid negligence
The case that brought upon the creation of the Miranda Rights?
Miranda v. Arizona
The case that brought upon the creation of the Garrity Rights?
Garrity v. New Jersey
Miranda Rights
Miranda rights are a series of statements that police read to a person who has been arrested, informing them of their rights.
Garrity Rights
To protect public employees from being forced to incriminate themselves during an employer-led investigation. These rights are based on the Fifth Amendment, which states that the government cannot force someone to testify against themselves.
Idaho statue that defines a crime
U.S.C 18-109
Felony
A crime which is punishable with death or by imprisonment in the state prison.
How many years in imprisonments make a Felony?
Over 1 year
Infraction
A civil public offense, not constituting a crime, which is punishable only by a penalty not exceeding $300.
Misdemeanor
Is every other crime and under 1 year in jail
The 5 basic elements of a crime
- Name / Identity
- Date
- Location
- Act or Omission
- Intent
Hearsay
An out of court statement offered for the truth of the matter asserted.
Title II of the Americans with Disabilities Act (ADA)
To comply with the Title the Department of Justice requires direct, equal access to 911.
