Shared Flashcard Set

Details

FESCO 5
Legal
23
Other
Professional
08/10/2011

Additional Other Flashcards

 


 

Cards

Term
Where do laws come from?
Definition
Constitutions, Legislative Actions, Court Decisions and Governmental Agencies
Term
Definition of a Law.
Definition
Rule of conduct or procedure established by custom agreement or authority.
Term
Definition of a Law
Definition
Rule of conduct or procedure established by custom agreement or authority.
Term
Deals with actual issues by establishing priniciples, defining duties and obligations, and creating and defining the limitations of rights within a society
Definition
Substantive Law
Term
A duty of care provided to another party.
Definition
Tort
Term
Defines the Judiciary rules or mechanism used to enforce substantive laws.
Definition
Procedural Law
Term
Laws enacted by legislative bodies of government
Definition
Statutory law
Term
Laws created by government agencies and used to implement Statutory Laws
Definition
Administrative Law.
Term
Protects society as a whole from wrongful actions.
Definition
Criminal Law.
Term
Defines relationships between individuals or groups and helps resolve disputes between the parties.
Definition
Civil Law.
Term
A legal obligation or responsibility.
Definition
Liability
Term
Commission of an unlawful act by a public official.
Definition
Malfeasance.
Term
Improper performance of a legal or lawful act.
Definition
Misfeasance
Term
A liability incurred by an organization for the actions or inactions of an employee.
Definition
Vicarious Liability
Term
A civil wrong or injury.
Definition
Tort liability
Term
What four tests must be met for a Tort to exist?
Definition
1. The defendant must owe a legal duty to the plaintiff

2. There must be a breach of that duty

3. The breach of duty must be the proximate cause of injury.

4. The plaintiff must have suffered damages as a result.
Term
The omission of performance when some act should have been performed.
Definition
Non feasance
Term
When a potentially hazardous condition exists the reasonableness of action must take into account what factors?
Definition
1. The gravity of harm posed by the condition.

2. Likelyhood of Harm

3. Availabilty of a method and/or equipment to correct the situation

4. Usefullness of the condition for other purposes

5. Burden of removing the condition.
Term
When a potentially hazardous condition exists the reasonableness of action must take into account what factors?\
Definition
1. The gravity of harm posed by the condition.

2. Likelyhood of Harm

3. Availabilty of a method and/or equipment to correct the situation

4. Usefullness of the condition for other purposes

5. Burden of removing the condition.
Term
When a potentially hazardous condition exists the reasonableness of action must take into account what factors?
Definition
1. The gravity of harm posed by the condition.

2. Likelyhood of Harm

3. Availabilty of a method and/or equipment to correct the situation

4. Usefullness of the condition for other purposes

5. Burden of removing the condition.
Term
What is the Firemans Rule.
Definition
They know the risks and are properly trained therefore they are not entitled to redress from property owners unless the hazard was a result of a crime or the gross negligence of the property owner or willfull and wanton disregard for firefighter safety.
Term
The principal that governments are immune from Tort liability
Definition
Sovereign Immunity.
Term
What Title of the CFR protects all workers including Firefighters.
Definition
Title 29
Supporting users have an ad free experience!