FIR 214 - Legal Aspects of Emergency Services

• Discuss the Legal System of the United States 

• Differentiate between civil and criminal lawsuits, the differences in forms of punishment, and the burden of proof for each. 

• Understand tort liability 

• List the legal requirements for negligence 

• Describe the Federal, State, and local judicial system 

• Apply federal laws to the fire service, such as the: 

• Fair Labor Standards Act 

• Americans with Disabilities Act 

• Age Discrimination 

• Civil Rights 

• Sexual Harassment 

• Identify responsibilities and methods of employee relations. 

• List and apply fire prevention standards and fire codes. 

• Explain the use of inter-department mutual aid 

• Describe how hazardous materials impact the fire service. 

• Discuss the employment of volunteers or contract laborers in fire service. 

• Explain the importance of arson investigation in the fire service. 

Student Learning Outcomes: 

• Identify the primary sources of law in the United States. 

• Identify the three levels of government in the United States. 

• Identify the three branches of government and their roles. 

• Identify the difference between civil and criminal laws. 

• Distinguish between standards and codes. 

• Identify the differences in jurisdiction between federal, state, and local government. 

• Describe courts in general. 

• Explain why the jurisdiction of federal courts is limited, but the jurisdiction of state courts is general. 

• Explain the difference between trial courts and appellate courts. 

• Explain the three types of evidence. 

• Identify the four phases of a civil lawsuit. 

• Describe the federal and state court systems. 

• Explain stare decisis and precedence. 

• Explain how stare decisis does not bind one trial court to follow the precedent set by another. 

• Explain the difference between questions of law and questions of fact. 

• Explain the difference between the role of a judge and jury at a trial. 

• Explain how our knowledge of lawsuits can be distorted by the media. 

• Describe the sources available for conducting legal research. 

• Distinguish between fire departments based upon the type of entity, type of fire department organization, the funding source, and the employment status of firefighters. 

• Distinguish between public sector and private sector entities. 

• Identify the four types of corporations, and how each is created. 

• Identify the reason that the use of an association creates unnecessary risks for firefighters. 

• Distinguish between municipal fire departments, county fire departments, regional fire departments, fire districts, volunteer fire companies, industrial fire departments and fire brigades. 

• Explain the importance of agreements between a volunteer fire company and the jurisdictions they protect. 

• Identify administrative agencies as part of the executive branch. 

• Explain that administrative agencies exist at the federal, state, and local levels. 

• Explain how agencies are created, and the purpose of enabling acts. 

• Describe the separation of powers concerns created by administrative agencies, and the methods used to address these concerns. 

• Explain the jurisdiction of OSHA and OSHA’s three primary activities. 

• Define approved plan state and non-approved plan state. 

• Explain why the term “OSHA state” is ambiguous. 

• Explain the function of OSHRC. 

• Explain the application of OSHA to volunteer and part-time firefighters. 

• Distinguish between violations of civil and criminal law. 

• Distinguish between felonies and misdemeanors. 

• Identify the three types of elements that make up a crime. 

• Explain when an omission can give rise to criminal liability. 

• Identify the four criminal mental states. 

• Identify the elements for the following crimes: first-degree murder, second-degree murder, voluntary manslaughter, involuntary manslaughter, battery, assault, sexual assault, rape, child molestation, larceny, robbery, obtaining money under false pretenses, extortion, embezzlement, burglary, false imprisonment, kidnapping, RICO, and arson. 

• Define arrest, and explain the authority of a firefighter to make an arrest. 

• Explain the difference between criminal and administrative search warrants. 

• Identify at least six exceptions to the search warrant requirement. 

• Explain the constitutional limitations upon a firefighter conducting a cause and origin determination as part of an investigation after a fire. 

• Explain what is required to constitute an attempted crime. 

• Define accessory before the fact, accessory after the fact, and an aider and abettor. 

• Define a criminal conspiracy and explain the liability of each co-conspirator. 

• Define the intentional torts of battery, assault, false imprisonment, intentional infliction of severe emotional distress, trespass, trespass to chattels, conversion, misrepresentation, and bad faith. 

• Explain how consent is a defense to battery, assault, and false imprisonment. 

• Define implied consent and informed consent. 

• Explain that a competent adult has an absolute right to decline medical care. 

• Identify the factors that are involved in determining if a person lacks capacity to consent to, or decline medical care. 

• Explain what should be done to document refusals of care against medical advice. 

• Explain the difference between slander, slander per se, and libel. 

• Identify the four invasion of privacy torts. 

• Define negligence and identify the elements of negligence. 

• Explain the concepts of duty, standard of care, breach, damages, and proximate cause as these terms relate to negligence. 

• Explain what the standard of care is for professionals and those with specialized training. 

• Identify the types of evidence that can be used to establish the standard of care for a professional. 

• Explain the defenses to negligence, including assumption of risk, contributory negligence, comparative negligence, last clear chance doctrine, and the rescue doctrine. 

• Explain the Fireman’s Rule. 

• Define gross negligence and recklessness. 

• Explain joint and several liability. 

• Identify the most common types of activities for which strict liability is imposed. 

• Describe the history and current status of sovereign immunity as it applies to the American fire service. 

• Explain the purpose and role of tort claims acts. 

• Explain statutory immunity and how it differs from sovereign immunity. 

• Explain the difference between discretionary acts and functionary acts, and governmental function and proprietary function, and how the difference impacts immunity protection. 

• Describe whom the Volunteer Protection Act of 1997 applies to, and the immunity protection afforded. 

• Explain the public duty doctrine, the special duty exception, and the insurance waiver doctrine. 

• Explain the limitation on immunity protection for acts that constitute gross negligence, recklessness, or intentional acts. 

• Define the terms contract, offer, acceptance, consideration, and promissory estoppel. 

• Explain the difference between actual and apparent authority, and void and voidable contracts. 

• Identify the types of contracts commonly associated with the fire service. 

• Explain why insurance companies are so highly regulated. 

• Identify the important issues associated with mutual aid agreements. 

• Define employee at will and explain the requirements of due process as it relates to the discipline of a firefighter. 

• Explain how workers’ compensation systems operate in general, and the variations commonly associated with firefighters. 

• Explain how the principle of exclusivity functions to provide immunity protection to employers. 

• Define collective bargaining, bargaining in good faith, past practice, strike, union shop, closed shop, open shop, dues check-off, agency shop, fair-share agreement, maintenance of membership, and right-to-work. 

• Explain the primary differences between private sector labor relations and public sector labor relations. 

• Identify the three categories of subjects for collective bargaining (mandatory, prohibited, and permissive), and explain each. 

• Explain the various dispute resolution mechanisms commonly used for the three types of impasse disputes: representational, interest, and grievance disputes. 

• Explain the duty of fair representation. 

• Explain how Weingarten and Garrity Rights serve to protect employees. 

• Identify the major employment discrimination laws impacting the fire service. 

• Explain the difference between disparate treatment and disparate impact. 

• Explain equal opportunity employer and affirmative action. 

• Identify the three standards of review that courts apply to governmental actions that are challenged as being discriminatory. 

• Define sexual harassment and explain the two types of sexual harassment. 

• Identify factors that contribute to a sexually hostile work environment. 

• Identify the federal laws that impact pregnancy discrimination. 

• Identify the need for reasonable accommodation of religion in the workplace, and impact of undue hardship on an employer. 

• Explain the constitutionality of grooming and uniform regulations. 

• Identify the maximum hour limits of the Federal Fair Labor Standards Act (FLSA), and when overtime compensation is required. 

• Define compensatory time and explain the appropriate guidelines for comp time under the FLSA. 

• Explain the firefighter exemption, the emergency medical (ambulance) exception, and the executive exemption, including the effect of recent changes in the laws. 

• Identify what hours are compensable under the FLSA. 

• Explain how volunteers are treated under the FLSA. 

• Explain what the Family and Medical Leave Act (FMLA) is, and what benefits it provides. 

• Explain the constitutionality of residency requirements. 

• Explain when firefighters can be asked to submit to drug testing. 

• Identify the most common types of public accountability laws. 

• Explain the difference between conflicts of interests laws and ethical codes. 

• Explain the purposes and functions of open meetings and open records laws, and the types of penalties for violations of each. 

• Identify the two common types of financial disclosure requirements. 

• Define whistleblower acts and whistleblower provisions.