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Exam (elaborations)

ALL Tests - GPSTC Cherokee Exam Questions and Answers 100% Pass

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ALL Tests - GPSTC Cherokee Exam Questions and Answers 100% Pass Types of Legal Liability - Civil liability Criminal liability Administrative liability Federal law - 42 U.S.C. 1983 Criminal Liability - State 16-5-1 and 16-5-42 criminal liability - Federal 18USC 241 AND 242 Administrative liability - Violation results in: Dismissal Demotion Transfer Reprimand Vicarious Liability - A supervisor is responsible for the acts of his subordinates. Negligent hiring Negligent retention 2COPYRIGHT © 2025 BY EMILY CHARLENE, ALL RIGHTS RESERVED Failure to train Elements in tort Liability - Owned a duty to plaintiff That we breach that duty There was injury to the plaintiff Proximate cause of the injury is a direct connection between breach of duty and the injury to the plaintiff Plaintiff must prove amount the amount of damages Civil Liability - Stare torts. Federal law 42 USC 1983 Intentional Torts - Occurs when there is an intention on the part of a peace officer to bring some physical or mental harm to another person Negligent torts - Occurs when an officer performs a reasonable act within his/her scope of duty but without due care. Most common actions for suit - Use of force Negligent Motor Vehicle Operation Taking away freedom Tort - Civil wrong for which a remedy may be obtained usually in the form of damages. 3COPYRIGHT © 2025 BY EMILY CHARLENE, ALL RIGHTS RESERVED Good faith defense - Honesty in belief or purpose Faithfulness to one's duty or obligation Observance of reasonable commercial standards of fair dealing in a given trade Absence of malice Conspiracy Against Rights - Two or more persons. 18 USC 241 Title 18 USC 242 - Deprivation of rights under color of law absolute immunity - A complete exemption from civil liability usually afforded to officials while performing particularly important functions, such as representative enacting legislation and a judge presiding over a law suit. quasi-judicial immunity - Certain officials are immune of performing judicial type functions but not when performing other functions connected with their office. Communication - To convey information or to get a point a

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Uploaded on
March 30, 2025
Number of pages
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Written in
2024/2025
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ALL Tests - GPSTC Cherokee Exam
Questions and Answers 100% Pass

Types of Legal Liability - ✔✔Civil liability

Criminal liability

Administrative liability

Federal law - ✔✔42 U.S.C. 1983

Criminal Liability - ✔✔State 16-5-1 and 16-5-42

criminal liability - ✔✔Federal 18USC 241 AND 242

Administrative liability - ✔✔Violation results in:

Dismissal

Demotion

Transfer

Reprimand

Vicarious Liability - ✔✔A supervisor is responsible for the acts of his subordinates.




Negligent hiring

Negligent retention



COPYRIGHT © 2025 BY EMILY CHARLENE, ALL RIGHTS RESERVED 1

,Failure to train

Elements in tort Liability - ✔✔Owned a duty to plaintiff




That we breach that duty




There was injury to the plaintiff




Proximate cause of the injury is a direct connection between breach of duty and the
injury to the plaintiff




Plaintiff must prove amount the amount of damages

Civil Liability - ✔✔Stare torts. Federal law 42 USC 1983

Intentional Torts - ✔✔Occurs when there is an intention on the part of a peace officer to
bring some physical or mental harm to another person

Negligent torts - ✔✔Occurs when an officer performs a reasonable act within his/her
scope of duty but without due care.

Most common actions for suit - ✔✔Use of force

Negligent Motor Vehicle Operation

Taking away freedom

Tort - ✔✔Civil wrong for which a remedy may be obtained usually in the form of
damages.




COPYRIGHT © 2025 BY EMILY CHARLENE, ALL RIGHTS RESERVED 2

,Good faith defense - ✔✔Honesty in belief or purpose

Faithfulness to one's duty or obligation

Observance of reasonable commercial standards of fair dealing in a given trade

Absence of malice

Conspiracy Against Rights - ✔✔Two or more persons. 18 USC 241

Title 18 USC 242 - ✔✔Deprivation of rights under color of law

absolute immunity - ✔✔A complete exemption from civil liability usually afforded to
officials while performing particularly important functions, such as representative
enacting legislation and a judge presiding over a law suit.

quasi-judicial immunity - ✔✔Certain officials are immune of performing judicial type
functions but not when performing other functions connected with their office.

Communication - ✔✔To convey information or to get a point across

Interpersonal communication - ✔✔Successfully communicating with another person

It is a game of pitch and catch




Message intended v. Message received

verbal communications - ✔✔Most common form of communication. Verbal message is
contradicted by the body language. Message intended is rarely the message sent

non verbal communication - ✔✔More important than spoken word. Of average
communications, only about 7% of message is actually conveyed by the spoken word

non verbal communication - ✔✔Of average communications, only about 7% of message
is actually conveyed by the spoken word.


COPYRIGHT © 2025 BY EMILY CHARLENE, ALL RIGHTS RESERVED 3

, Effective communications - ✔✔Active listeners

Patient

Sensitive

Observant

effective communication - ✔✔Speaking clearly and directly accomplishes two things:




If we are speaking directly to them, they are more likely to listen.




It lets them know we are sincere

aspects of communication - ✔✔Message intended

Message sent

Message received

Barriers to effective communication - ✔✔Interruptions

Pretending to listen/daydreaming

Invading space

Overreacting

Distractions

Prejudices

intellectual disability disorder - ✔✔Impairments of general abilities that impact a
persons ability to function

intellectual disability disorder - ✔✔No Age requirement


COPYRIGHT © 2025 BY EMILY CHARLENE, ALL RIGHTS RESERVED 4

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