Ch5 Legal Responsibilities and Liabilities

Question 1

Rule of conduct or procedure established by custom, agreement, or authority

Answer 1

Law

Question 2

Body of rules and principles governing the affairs of a community and enforced by a political/judicial authority

Answer 2

Legal System

Question 3

Branch of gov’t that creates laws

Answer 3

Legislative

Question 4

Branch of gov’t that implements, administers and enforces laws

Answer 4

Executive

Question 5

Branch of gov’t that interprets the laws

Answer 5

Judicial

Question 6

Body of law that is based on tradition, custom, usage, and decisions of the judicial courts within a particular country, society or culture

Answer 6

Common Law (Case Law)

Question 7

Laws created by government agencies and used to enforce and implement statutory laws

Answer 7

Administrative Law

Question 8

Deals with actual issues by establishing principles, defining duties and obligations, and creating and defining the limitations of rights within a society

Answer 8

Substantive Law

Question 9

Defines the judiciary rules or mechanisms used to enforce substantive laws

Answer 9

Procedural Law

Question 10

Pertains to laws enacted by legislative bodies of government

Answer 10

Statutory Law

Question 11

Protects society as a whole from wrongful actions

Answer 11

Criminal Law (Penal Law)

Question 12

Defines relationships between individuals or groups and helps to resolve disputes between parties

Answer 12

Civil Law (Non-criminal Law)

Question 13

A legal obligation or responsibility

Answer 13

Liability

Question 14

Party who initiates a lawsuit before a court

Answer 14

Plaintiff

Question 15

Any person or institution against whom and action is brought in a criminal or civil court of law; person being sued or accused

Answer 15

Defendant

Question 16

Civil wrong or breach of duty to another person as defined by law

Answer 16

Tort

Question 17

Effective or primary cause of loss or damage or an unbroken chain of events between the occurrence and the resulting damage

Answer 17

Proximate Cause

Question 18

Failure to exercise the same care that a reasonable, prudent and careful person would under the same or similar circumstances

Answer 18

Negligence

Question 19

Commission of an unlawful act; committed by a public official

Answer 19

Malfeasance

Question 20

Improper performance of a legal or lawful act

Answer 20

Misfeasance

Question 21

Failure to act when under an obligation to do so; refusal to do that which is a legal duty

Answer 21

Nonfeasance

Question 22

Level of care a reasonable person would use under similar circumstances; standard of behavior upon which the theory of negligence is based

Answer 22

Standard of Care

Question 23

Doctrine that the federal, state, or local government is immune to lawsuit unless it gives its consent

Answer 23

Sovereign Immunity

Question 24

Situation that occurs when one person is held responsible for the actions or inaction of another individual; also applies to the liability incurred by an organization for the actions or inaction of an employee

Answer 24

Vicarious Liability

Question 25

This doctrine holds that firefighters, rescuers, and other emergency responders know the risks involved and are trained to deal with those risks; therefore they are not entitled to redress from the property owner for injury suffered as a result of performing their duty

Answer 25

Fireman’s Rule

Question 26

Actions to increase the number of women and minorities hired into jobs that were formerly occupied by white males exclusively

Answer 26

Affirmative Action

Question 27

A class or group characteristic that may not be used as the sole reason for an employment decision unless it constitutes a bona fide occupational qualification

Answer 27

Protected Class

Question 28

Protected Classes (11)

Answer 28

• Race
• Color
• Creed
• Religion
• Ancestry
• National Origin
• Sex
• Marital Status
• Age (over 40 and under 70)
• Disability
• Veteran Status

Question 29

Treating an applicant or employee differently than those of another race, gender, religion, etc.

Answer 29

Disparate Treatment

Question 30

Occurs when an employer uses a test or other screening device that initially is not intended to discriminate but adversely affects members of one of the protected classes more than other applicants or employees

Answer 30

Adverse Impact

Question 31

Specifically prohibits gender based discrimination

Answer 31

Civil Rights Act Title VII

Question 32

This form consists of any overt, unwanted, or unwelcome sexual behavior or advances toward a worker by someone who has the power to reward or punish the worker

Answer 32

Quid pro quo - Sexual Harassment

Question 33

This form occurs when speech is severe or pervasive enough to create a hostile or abusive work environment

Answer 33

Hostile Work Environment - Sexual Harassment

Question 34

Under EEOC regulations, employers are required to do what is reasonable to accommodate their employees’ differences

Answer 34

Reasonable Accommodation

Question 35

Intended to reduce or eliminate discrimination based on physical or mental disabilities

Answer 35

Americans with Disabilities Act of 1990

Question 36

Employment regulations of ADA only apply to organizations with ___ or more full-time employees

Answer 36

15

Question 37

Any business, regardless of size, that is considered to be a public accommodation must comply with ADA regulations. Unless…

Answer 37

Unless compliance is too expensive, disruptive, or difficult and reasonable efforts have been made to comply

Question 38

Private sector employees make time and one half for hours worked over 40hrs per week. Due to atypical work schedules of police and fire, the FLSA work week was set at __ hrs for police and __ hrs for firefighters.

Answer 38

43; 53

Question 39

Procedures and criteria recognized as acceptable practices by peer professional, credentialing or accrediting organizations

Answer 39

Industry Standard

Question 40

Develops and publishes the majority of the national consensus standards that fire and emergency services organizations in the U.S. and Canada use

Answer 40

NFPA

National Fire Protection Association

Question 41

Private, nonprofit organization that administers and coordinates the voluntary standardization and conformity assessment system

Answer 41

ANSI

American National Standards Institute

Question 42

A consensus-based standards writing and testing organization that develops testing processes that are used by other testing organizations in the development of safety products

Answer 42

ASTM International

American Society for Testing and Materials

Question 43

An independent, not-for-profit product safety testing and certification organization. Products bearing this label have been tested for their intended use and have been certified as safe.

Answer 43

UL

Underwriters Laboratories Inc.

Question 44

Formed in 1994 by the merger of three building and fire code organizations

Answer 44

ICC

International Code Council