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Definition
| Constitutions, Legislative Actions, Court Decisions and Governmental Agencies |
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| Rule of conduct or procedure established by custom agreement or authority. |
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Definition
| Rule of conduct or procedure established by custom agreement or authority. |
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| Deals with actual issues by establishing priniciples, defining duties and obligations, and creating and defining the limitations of rights within a society |
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| A duty of care provided to another party. |
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| Defines the Judiciary rules or mechanism used to enforce substantive laws. |
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Definition
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| Laws enacted by legislative bodies of government |
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| Laws created by government agencies and used to implement Statutory Laws |
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| Protects society as a whole from wrongful actions. |
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| Defines relationships between individuals or groups and helps resolve disputes between the parties. |
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| A legal obligation or responsibility. |
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| Commission of an unlawful act by a public official. |
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| Improper performance of a legal or lawful act. |
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Definition
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| A liability incurred by an organization for the actions or inactions of an employee. |
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Term
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Term
| What four tests must be met for a Tort to exist? |
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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. |
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Term
| The omission of performance when some act should have been performed. |
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Definition
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Term
| When a potentially hazardous condition exists the reasonableness of action must take into account what factors? |
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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. |
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Term
| When a potentially hazardous condition exists the reasonableness of action must take into account what factors?\ |
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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. |
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Term
| When a potentially hazardous condition exists the reasonableness of action must take into account what factors? |
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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. |
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Term
| What is the Firemans Rule. |
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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. |
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| The principal that governments are immune from Tort liability |
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Definition
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| What Title of the CFR protects all workers including Firefighters. |
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Definition
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