TCOLE Unit 6 Flashcards

1
Q

What are the “damages” in a negligence case?

A

The financial compensation sought by the plaintiff for harm or losses suffered

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2
Q

Criminal liability is defined as ___

A

Responsibility for wrongdoing against society as a whole

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3
Q

What is negligent hiring

A

Failure to perform proper background screening of an employee

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4
Q

In terms of agency liability, how can failure to train impact the legal responsibilities of an organization ?

A

It can lead to increased liability if inadequate training results in harm

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5
Q

Which of the following best describes the primary duty of emergency telecommunicators in relation to legal responsibilities ?

A

To ensure accurate and timely communication while following established protocols

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6
Q

What role does ongoing training play in minimizing legal liability for emergency telecommunicators?

A

It provides telecommunicators with the necessary knowledge to adhere to policies and procedures

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7
Q

In a negligence case, what does breach of duty refer to?

A

The defendants failure to conform to standard of care imposed by law

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8
Q

Which of the following strategies is most effective in minimizing legal liability for emergency communication centers?

A

Implementing a comprehensive training program for all personnel

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9
Q

What does the term “liability” typically refer to in legal and ethical contexts?

A

One’s responsibility for their own actions, such as acts of negligence

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10
Q

In the context of emergency telecommunicators, what does negligent assignment refer to?

A

Failing to remove an employee from sensitive position despite documented disciplinary issues

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11
Q

What does legal immunity provide to emergency telecommunicators during the performance of their duties?

A

Exemption from civil liability when acting in good faith

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12
Q

In the context of employment law, what does the term “negligent retention” imply regarding an employer’s responsibilities?

A

An employer’s oversight in failing to terminate and employee with known issues that could harm others.

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13
Q

What does the burden of precautions refer to in the context of evaluating breach of duty?

A

The financial cost associated with taking precautions

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14
Q

Under what circumstances can a public agency be held liable for their actions of its emergency telecommunicators?

A

If the telecommunicator’s actions were found to be grossly negligent or intentional misconduct.

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15
Q

Failure to exercise the care that a reasonably prudent person would exercise in like circumstances. In tort law, negligence applies to harm caused by carelessness, not intentional harm.

A

Negligence

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16
Q

Which of the following best describes the principle of vicarious liability in the context of emergency services?

A

An employer is legally responsible for the negligent acts of an employee performed within the cope of their employment.

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17
Q

How does the concept of foreseeability influence the assessment of negligence in legal cases?

A

It evaluates whether a reasonable person could predict the potential for harm resulting from specific actions

18
Q

What role does following established protocols play in reducing legal risk for emergency telecommunicators?

A

It helps ensure compliance with best practices, thereby minimizing the risk of errors and potential liability.

19
Q

Which of the following strategies is essential for minimizing legal risks in emergency communication centers?

A

Implementing quality assurance program

20
Q

What does the primary purpose of tort law in the context of civil litigation?

A

To provide remedies for individuals harmed by the wrongful acts of others

21
Q

In the context of negligence, how is “ordinary care” defined?

A

The care that reasonable person would exercise in similar circumstances to avoid causing harm.

22
Q

What role does the severity of harm play in determining negligence in legal cases?

A

It assesses the likelihood of harm occurring and the reasonableness of the defendants actions

23
Q

What is negligence

A

failure to exercise reasonable care

24
Q

In the context of negligence, how is a breach of duty typically established?

A

By providing that the individual failed to meet the standard of care expected in similar circumstances.

25
Q

In legal terminology, what does the term “cause of action” refer to?

A

The legal justification for a party to initiate a lawsuit

26
Q

Which of the following best describes the principle of vicarious liability in relation to an employer’s responsibility for employee actions?

A

an employer can be held liable for the negligent actions of employees performed within the scope of their employment.

27
Q

Which of the following best defines intentional torts and provides an example?

A

Deliberate actions that cause harm such as tres pass and emotional distress

28
Q

What role does ongoing training play in minimizing legal risks for emergency telecommunicators?

A

It helps telecommunicators understand and apply legal standards and best practices.

29
Q

How does negligent entrustment relate to the responsibilities of emergency service agencies?

A

It indicates that agencies can be held liable if they allow unqualified individuals to operate emergency equipment.

30
Q

Which of the following best describes the limitations on governmental liability as specified in the Texas Civil Practice and remedies code?

A

Governmental liability is limited in cases of emergency services and certain discretionary functions.

31
Q

What legal principle shields public officials from personal liability when making decisions in their official capacities

A

Qualified immunity

32
Q

Criminal liability is criminal conduct that is without

A

Justification or excuse

33
Q

Which of the following best describes the concept of civil liability in legal terms?

A

The responsibility of a party to compensate another for damages resulting from negligent or wrongful acts.

34
Q

Which of the following best describes the primary distinction between civil liability and criminal liability?

A

Civil liability is concerned with private disputes and compensation, whereas criminal liability involves prosecution and punishment by the state.

35
Q

how do quality assurance programs contribute to minimizing legal risks in emergency communication centers?

A

By Establishing protocols that enhance service delivery and compliance with regulations

36
Q

legal definition of gross negligence?

A

A serous and willful disregard for the safety of others, demonstrating a conscious choice to ignore potential risks

37
Q

The “ standard of care” in negligence refers to

A

The care that a reasonable person would take in a similar situation

38
Q

In the context of emergency services, which of the following elements is not required to establish a claim of negligence?
a) duty of care
b) breach of duty
c) intent to cause harm
d) causation

A

Intent to cause harm

39
Q

In a negligence claim. how is the concept of causation typically defined?

A

The establishment of a direct relationship between the defendants breach of duty and the plaintiff’s injury

40
Q

What is a Vicarious liability?

A

A doctrine whereby one person may be held liable for a tort committed by someone else.