TCOLE Unit 6 Flashcards
What are the “damages” in a negligence case?
The financial compensation sought by the plaintiff for harm or losses suffered
Criminal liability is defined as ___
Responsibility for wrongdoing against society as a whole
What is negligent hiring
Failure to perform proper background screening of an employee
In terms of agency liability, how can failure to train impact the legal responsibilities of an organization ?
It can lead to increased liability if inadequate training results in harm
Which of the following best describes the primary duty of emergency telecommunicators in relation to legal responsibilities ?
To ensure accurate and timely communication while following established protocols
What role does ongoing training play in minimizing legal liability for emergency telecommunicators?
It provides telecommunicators with the necessary knowledge to adhere to policies and procedures
In a negligence case, what does breach of duty refer to?
The defendants failure to conform to standard of care imposed by law
Which of the following strategies is most effective in minimizing legal liability for emergency communication centers?
Implementing a comprehensive training program for all personnel
What does the term “liability” typically refer to in legal and ethical contexts?
One’s responsibility for their own actions, such as acts of negligence
In the context of emergency telecommunicators, what does negligent assignment refer to?
Failing to remove an employee from sensitive position despite documented disciplinary issues
What does legal immunity provide to emergency telecommunicators during the performance of their duties?
Exemption from civil liability when acting in good faith
In the context of employment law, what does the term “negligent retention” imply regarding an employer’s responsibilities?
An employer’s oversight in failing to terminate and employee with known issues that could harm others.
What does the burden of precautions refer to in the context of evaluating breach of duty?
The financial cost associated with taking precautions
Under what circumstances can a public agency be held liable for their actions of its emergency telecommunicators?
If the telecommunicator’s actions were found to be grossly negligent or intentional misconduct.
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.
Negligence
Which of the following best describes the principle of vicarious liability in the context of emergency services?
An employer is legally responsible for the negligent acts of an employee performed within the cope of their employment.
How does the concept of foreseeability influence the assessment of negligence in legal cases?
It evaluates whether a reasonable person could predict the potential for harm resulting from specific actions
What role does following established protocols play in reducing legal risk for emergency telecommunicators?
It helps ensure compliance with best practices, thereby minimizing the risk of errors and potential liability.
Which of the following strategies is essential for minimizing legal risks in emergency communication centers?
Implementing quality assurance program
What does the primary purpose of tort law in the context of civil litigation?
To provide remedies for individuals harmed by the wrongful acts of others
In the context of negligence, how is “ordinary care” defined?
The care that reasonable person would exercise in similar circumstances to avoid causing harm.
What role does the severity of harm play in determining negligence in legal cases?
It assesses the likelihood of harm occurring and the reasonableness of the defendants actions
What is negligence
failure to exercise reasonable care
In the context of negligence, how is a breach of duty typically established?
By providing that the individual failed to meet the standard of care expected in similar circumstances.
In legal terminology, what does the term “cause of action” refer to?
The legal justification for a party to initiate a lawsuit
Which of the following best describes the principle of vicarious liability in relation to an employer’s responsibility for employee actions?
an employer can be held liable for the negligent actions of employees performed within the scope of their employment.
Which of the following best defines intentional torts and provides an example?
Deliberate actions that cause harm such as tres pass and emotional distress
What role does ongoing training play in minimizing legal risks for emergency telecommunicators?
It helps telecommunicators understand and apply legal standards and best practices.
How does negligent entrustment relate to the responsibilities of emergency service agencies?
It indicates that agencies can be held liable if they allow unqualified individuals to operate emergency equipment.
Which of the following best describes the limitations on governmental liability as specified in the Texas Civil Practice and remedies code?
Governmental liability is limited in cases of emergency services and certain discretionary functions.
What legal principle shields public officials from personal liability when making decisions in their official capacities
Qualified immunity
Criminal liability is criminal conduct that is without
Justification or excuse
Which of the following best describes the concept of civil liability in legal terms?
The responsibility of a party to compensate another for damages resulting from negligent or wrongful acts.
Which of the following best describes the primary distinction between civil liability and criminal liability?
Civil liability is concerned with private disputes and compensation, whereas criminal liability involves prosecution and punishment by the state.
how do quality assurance programs contribute to minimizing legal risks in emergency communication centers?
By Establishing protocols that enhance service delivery and compliance with regulations
legal definition of gross negligence?
A serous and willful disregard for the safety of others, demonstrating a conscious choice to ignore potential risks
The “ standard of care” in negligence refers to
The care that a reasonable person would take in a similar situation
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
Intent to cause harm
In a negligence claim. how is the concept of causation typically defined?
The establishment of a direct relationship between the defendants breach of duty and the plaintiff’s injury
What is a Vicarious liability?
A doctrine whereby one person may be held liable for a tort committed by someone else.
