Liability For Field Training Officer Flashcards

1
Q

Being actually or potentially subject to an obligation; the condition or being responsible for a possible or actual loss, penalty, evil, expense, or burden; condition which creates a duty to perform an act immediately, or in the future.

A

Liability

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2
Q

What are the three types of liability?

A
  1. Administrative
  2. Criminal
  3. Civil
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3
Q

Owe some administrative duty to the peace officer, standards, and training council GCIC and other organizations in addition to Georgia law. When you forget that the rules and regulations of your agency county or city create _______________ _________________

A

Administrative Liability

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4
Q

_____________ _____________ is based on a ___________. A _________ is a private or civil wrong, other than a breach of contract and wish the action of one person causes injury to the person property of another

A

Civil liability; tort; tort

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5
Q

Is based on crimes that have been established in the criminal code

A

Criminal Liability

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6
Q

A conduct that involves an unreasonable risk of causing danger or harm and arises from the fact that our society imposes A Duty upon individuals to conduct their affairs in a manner which will avoid objecting others to an unreasonable risk of harm.

A

Negligence

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7
Q

Failure to use that degree of care that an ordinary prudent person would use in life circumstances.

A

Simple negligence

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8
Q

Failure to perform a manifest duty and reckless disregard of the consequences as affecting the life of property of another

A

Gross negligence

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9
Q

An intentional act of unreasonable character, and disregard of risk known to the actor or so obvious that the actor must have been aware of it and so great as to make it highly probable that harm will follow.

A

Willful negligence

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10
Q

Duty: to conduct oneself according to a certain standard
Deviation: from the Duty or standard by which we should be guided
Direct linked: between the unreasonable act or deviation from the duty and the harm or damage suffered by the plaintiff
Damage: as a result of the defendant actions

A

4 D’s of negligence

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11
Q

Negligent training
Negligent entrustment
Negligent supervision
Negligent retention

A

The four negligent causes of action

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12
Q

Every person who, under the color of any statue, ordinance, regulation, custom, or usage; the deprivation of any rights privileges or immunity secured by the constitution in laws.

A

42 USC 1983

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13
Q

Treating employees or trainees differently because of their inclusion and some protective class of people

A

Disparate treatment

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14
Q

Involves the use of training practices, which are facially neutral in their treatment of different groups, but will impact more severely one protected class and cannot be justified by business necessity.

A

Disparate impact

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15
Q

Something happened in between the action taken by the defendant, but before harm or damage occurred to the plaintiff

A

Intervening cause

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16
Q

The defense claims that all the defendants act or missions resulted in harm to the plaintiff, it was not reasonably foreseeable that the plaintiff would suffer with harm as a result of the act.

A

Lack of foreseeability

17
Q
  1. Intervening cause
  2. Lack of foreseeability
  3. Good faith
A

Defenses to civil suits

18
Q

Used in cases where the defendant acted in accordance with the agencies, policies, procedures, and rules; in accordance with orders from a superior that they reasonably believe to be valid; or in accordance with directions from legal council that is reasonably believed to be valid.

A

Good faith

19
Q
  1. Dating trainees.
  2. Fraternizing
  3. Falsifying records
  4. Teaching outside of standards.
  5. Offensive remarks.
  6. By a selection of trainees
A

Types of liability traps

20
Q

What is SWOT?

A

Strengths
Weakness
Opportunities
Threats