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Exam (elaborations)

SCCJA Unit 2 exam review questions and answers (rated A)

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Civil Liability - correct answer Responsibility that an officer must bear for damages or injuries that the officer has caused another person to suffer Tort - correct answer A civil wrong, other than a breach of contract, for which the court will provide a remedy in the form of an action for damages Negligence - correct answer Failure to do what a reasonable officer would be expected to do under the circumstances. Established by determining: Was a duty owed? Did the officer breach that duty? Did that failure cause the injury? Plaintiff - correct answer Person who files or initiates a lawsuit Municipal Liability - correct answer "Deep Pockets Liability" is shown when an agency has a policy (pattern, or practice) that was the cause of the injury. "Policy" can be written or unwrittenDirect Liability - correct answer Officer caused the injury or harm and is being sued as the defendant Indirect Liability - correct answer Allows the court to impose legal responsibility on a superior officer or an agency not directly at fault for the injury. Liability is founded on the relationship between the officer and the supervisor/agency. Respondeat superior tort. Vicarious Liability - correct answer Showing a link between the supervisor's conduct and the officer's actions. Failure to train, failure to supervise, and failure to discipline. Absolute Immunity - correct answer Applies to judges and legislators, freeing them from liability in performing their duties Sovereign Immunity - correct answer Protects the state. SC Tort Claims Act made it so that SC was open to limited liability.

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Uploaded on
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Written in
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