Week 8 - Legal Liabilities

Police legal liability cases are divided into state and federal law jurisdictions. This means that depending on the nature and circumstances of the case, it may fall under the jurisdiction of either state or federal law. State law governs cases that involve violations of state statutes or regulations, while federal law applies to cases that involve violations of federal statutes or constitutional rights. This division ensures that the appropriate laws and legal procedures are followed in each case, allowing for a fair and just resolution.

The statement is true because torts under state law can be classified into two main categories: intentional torts and negligent torts. Intentional torts occur when a person intentionally causes harm or injury to another person, while negligent torts occur when a person's failure to exercise reasonable care causes harm or injury to another person. These two categories encompass the majority of tort cases that are litigated under state law.

The explanation for the given correct answer is that according to the public duty doctrine, government functions are performed for the benefit of the general public as a whole and not for any specific individual. This means that the government does not have a legal duty to protect every member of the public individually, and therefore cannot be held liable for failing to do so. This doctrine is based on the idea that it would be impractical and burdensome for the government to be held responsible for every harm or injury suffered by individuals in society.

Qualified immunity is a legal doctrine that protects government officials, including police officers, from being held personally liable for actions taken within their official capacity, as long as their actions do not violate clearly established constitutional rights. Probable cause, on the other hand, is a legal standard that requires police officers to have a reasonable belief that a crime has been committed before making an arrest or conducting a search. Both qualified immunity and probable cause are commonly cited defenses in police suits, as they provide legal justifications for the actions of law enforcement officers.

The given answer correctly lists the 5 main categories of intentional torts under state law. False arrest and false imprisonment refer to the unlawful detention or confinement of an individual. Assault and battery involve the intentional infliction of physical harm or the threat of physical harm. Excessive use of non-deadly force refers to the use of force that goes beyond what is necessary in a given situation. Excessive use of deadly force pertains to the use of force that results in the death of an individual. Wrongful death refers to a death caused by the negligence or intentional actions of another person.

To succeed in a section 1983 lawsuit, the plaintiff must prove that the defendant was acting under the color of law and that there was a violation of a right given by the constitution under federal law. The defendant does not need to prove these elements, rather it is the burden of the plaintiff to establish them. Therefore, the correct answer is False.

The given answer includes the sub-divisions of legal liability cases. Civil liability refers to cases where one party is held responsible for causing harm or injury to another party and must provide compensation. Criminal liability involves cases where individuals are held accountable for committing crimes and may face penalties such as imprisonment. Administrative liability refers to cases where individuals or organizations are held responsible for violating administrative regulations or laws. Exclusion of evidence refers to the legal process of preventing certain evidence from being presented in court. Revocation of license refers to the cancellation or withdrawal of a license or permit.