Term
A tort is generally a civil wrong and there are generally three types of torts that may cause injury to another person. Because torts are civil actions involving private parties, punishment does not include ________________.
A) monetary compensation
b) incarceration
c) paying another person's medical bills
d) compensating for emotional damage |
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| In tort law the defendant is usually referred to as the ____________. |
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| Three elements must be present for all tort actions. What are they? |
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Definition
| Duty, failure to act/behave within that duty, and someone suffered injury or loss as a result |
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| Four elements must be present for negligent torts. What are they? |
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Definition
| Duty, Breach of duty, Causation, and Damages |
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| A definition of Tort is a civil wrong which can be redressed by awarding damages. How are tort's processed in the court system? |
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| In a tort case who usually has the burden of proof? |
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| What standard of proof is usually required in a tort case? |
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Definition
| preponderance of the evidence (i.e. more than likely) |
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Term
What does governmental immunity mean?
A) governments cannot be sued
b) governments are not amenable to actions in tort except in cases in which they have consented to be sued
c) governments are not responsible for the negligent conduct of their employees
d) governments can only be sued for policies or laws which violate the constitution |
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Definition
| governments are not amenable to actions in tort except in cases in which they have consented to be sued |
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Term
Law created with public input, usually referred to as 'regulations' is _____________
a) constitutional law
b) statutory law
c) common law
d) administrative law |
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Law that guarantees basic individual freedoms and rights is _____________
a) constitutional law
b) statutory law
c) common law
d) administrative law |
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Definition
| Constitutional law (usually interpreted by the courts) |
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Term
Law subject to judicial review; written law usually established by legislature (can be federal, state, or local) is _____________
a) constitutional law
b) statutory law
c) common law
d) administrative law |
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Law created by judges entirely independent of statutes or rules; law established by court decisions is _____________
a) constitutional law
b) statutory law
c) common law
d) administrative law |
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Term
| What are the four sources of Law discussed during Legal Liability? |
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Definition
| Constitutional, Statutory, Common & Administrative Law |
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Term
| T/F A court of appeals has to publish their final opinion within 90 days of case conclusion. |
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Definition
| False (court of appeals may or may not publish the opinion. If the opinion is NOT published it cannot be cited as legal precedent.) |
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Term
| T/F Fifth amendment privilege always protects a person in a civil case so they do not have to testify against themselves. |
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Definition
| False (if the criminal case is already completed, the privilege doesn't keep extending through the civil case, and the defendant cannot refuse to testify in a civil action against him/her) |
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Term
| During 'Discovery' when is the only time a person can refuse to answer questions? |
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Definition
| Privilege (attorney/client, patient/doctor, spouse) |
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| In reference to Civil Procedure / Liability, what does GIA stand for? |
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The opinion of courts determine states law unless:
a) the same court later overrules the opinion
b) a higher court overrules the lower courts opinion
c) the opinion is superseded by statute
d) all of the above
e) none of the above |
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Which of the following is NOT considered an authoritative state court:
a) CO Supreme Court
b) CO trial court
c) CO Court of Appeals
d) 10th Circuit Court of Appeals |
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Definition
| CO Trial Court (it is a persuasive court, not authoritative) |
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Term
Which of the following scenarios would probably NOT result in a tort based payout for damages:
a) barefoot man came out of his house with hands in the air. Police slammed the man facedown into the asphalt and stomped on his feet.
B) Police LT shot and killed a man after responding to his own sister's call of a suspicious vehicle outside her home
c) Officer entered the wrong home, used flashbangs, shot and killed 2 dogs, and dragged a woman out of bed in her night clothes
d) Police tackled an intoxicated male resulting in facial fractures and a skull injury |
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Definition
Trick question - all of these are real scenarios from the Portland PD. All resulted in the department paying the citizen money. In a five year span the city spent nearly $3.3 million in lawsuits. 352 claims were filed against the department during that time.
Police work is inherently risky. Knowing your policies and understanding your training helps reduce lawsuits. |
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Term
| T/F States are immune from lawsuits by private citizens in federal court under the 11th Amendment to the U.S. Constitution. |
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Definition
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| A past court decision that dictates the result of a future case is a ________________. |
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Term
| ___________ ___________ refers to courts looking to past judicial decisions to rule on similar facts / circumstances. |
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Definition
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Term
| Depositions, interrogatories, document requests, inspections, medical / psych exams and requests for admissions are examples of what? |
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Definition
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Term
| ______________ _____________ requires deprivation of a right, privilege, or immunity secured by federal laws. |
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Definition
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Term
| Notice of a constitutional tort claim must be filed within _________ days of discovery. |
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Definition
0
For negligence, 180 days are required for notice but this does not apply to constitutional torts |
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Term
| Assault, battery, false arrest, malicious prosecution, and abuse of process are examples of ___________ torts. |
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Definition
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Term
| T/F Torts require mens rea. |
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Definition
False
Mental state is not required for torts |
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Term
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Definition
| Fail to act with reasonable care under given circumstances |
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Term
| T/F If the 180th day from the date of discovery for negligence torts lands on a holiday the notice of claim should be filed within 179 days. |
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Definition
False
Notice of claim is not shortened to 179 days if the 180th day falls on a holiday |
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Term
Law enforcement has a duty to report cases of excessive force within _______ days to supervision.
a) no requirement
b) 5 days
c) 10 days
d) within a reasonable amount of time |
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Definition
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Term
The most common alleged police misconduct is ______________________________.
a) filing false affidavits
b) excessive use of force
c) false arrests
d) no probable cause during searches / seizures |
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Definition
Excessive use of force
Excessive = force continues after person rendered incapable of resisting |
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Term
| What type of immunity applies for constitutional torts? |
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Definition
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| Vicarious liability is an indirect legal responsibility of an employer for the acts of its empoyees. What is another term for this? |
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Term
In civil litigation the pretrial proceeding in which one party gives sworn answers to oral questions of another party is ______________.
a) deposition
b) interview
c) arraignment
d) information |
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Definition
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Term
| T/F Peace officer's are immune from routine patrol vehicle crashes. |
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Definition
False
Only in emergencies per 42-4-108 WITH DUE REGARD |
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