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The Law Practical Explanation and what the Law means to You.

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Presentation on theme: "The Law Practical Explanation and what the Law means to You."— Presentation transcript:

1 The Law Practical Explanation and what the Law means to You

2 Types of Law Common Law Statutory Law Regulations Criminal Law Civil Law

3 Common Law Judge Made Laws Judge Interprets legislation A ruling has set a precedence Similar cases are compared Example of common law Negligence cases

4 Statutory Law Laws established by legislative bodies All areas of government Federal, State, County, City Example of Statutory Law Motor Vehicle Laws Oregon Revised Statutes 820.300-820.380

5 AMBULANCES AND EMERGENCY VEHICLES (Application of Traffic Laws) 820.300 Exemptions from traffic laws. (1) Subject to conditions, limitations, prohibitions and penalties established for emergency vehicle and ambulance drivers under ORS 820.320, the driver of an emergency vehicle or ambulance may do any of the following: (a) Park or stand in disregard of a statute, regulation or ordinance prohibiting that parking or standing. (b) Proceed past a red signal or stop sign. (c) Exceed the designated speed limits. (d) Disregard regulations governing direction of movement or turning in specified directions. (e) Proceed past the flashing bus safety lights without violating ORS 811.155 if the driver first stops the vehicle and then proceeds only when the driver: (A) Determines that no passengers of the bus remain on the roadway; and (B) Proceeds with caution. (2) The provisions of this section: (a) Do not relieve the driver of an emergency vehicle or ambulance from the duty to drive with due regard for the safety of all other persons. (b) Are not a defense to the driver of an emergency vehicle or ambulance in an action brought for criminal negligence or reckless conduct.

6 Regulations Administrative Agencies directed by Legislature to make rules Rules to regulate daily activities and functions Interpret legislated statutes Example: Oregon Administrative Rules 333-255-0060 through 333-255-0093

7 333-255-0000 Definitions (1) "Ambulance" means any privately or publicly owned motor vehicle, aircraft, or marine craft operated by a Division-licensed ambulance service that is regularly provided or offered to be provided for the emergency and non-emergency transportation of persons suffering from illness, injury, or disability. (2) "Ambulance Service" means any individual, partnership, corporation, association, governmental agency, or other entity that holds a Division-issued ambulance service license to provide emergency and non-emergency care and transportation to sick, injured or disabled persons. (3) "Division" means the Health Division of the Department of Human Services and its authorized representatives. (4) "Emergency Care" means the performance of acts or procedures under emergency conditions in the observation, care and counsel of the ill, injured or disabled; in the administration of care or medications as prescribed by a licensed physician, insofar as any of these acts is based upon knowledge and application of the principles of biological, physical and social science as required by a completed course utilizing an approved curriculum in prehospital emergency care. However, "emergency care" does not include acts of medical diagnosis or prescription of therapeutic or corrective measures. DIVISION 255 AMBULANCE LICENSING

8 Criminal Law Enacted to Protect the Public Violators can be prosecuted Examples: Vehicular Homicide Assault and Battery

9 Civil Law Laws to Protect Personal Rights Laws to Protect Property Rights Enable individuals to recover damages This is where the $000,000,000 happens! You dont have to be guilty under criminal law to be liable under civil law! Example: OJ Simpson

10 Legal Terminology Negligence Contributory Negligence Liability Due Regard Defendant Plaintiff Tort True Emergency

11 Negligence Failure to act reasonably prudent and careful in a given situation (prudent man) Two basic types Failure to perform a necessary act E.g. Ran out of gas, no morning check E.g. Didnt initiate CPR during code Failure to realize unreasonable risk E.g. Driving 45 mph in an occupied school zone

12 Elements of Negligence Is there a Duty to act? Was there an unreasonable act or omission? Was there injury or damage? Did the act or omission cause the injury? Was there a perceptible danger?

13 Contributory Negligence Person initiating legal action contributed to the loss or damage E.g. Was the other party under the influence at the time of the accident?

14 Liability Condition requiring a particular act Failure to do so can cause problems and court action Two basic questions to ask? Is this a true emergency? Am I using due regard?

15 Due Regard Acting with prudence in the presenting situation. What would the prudent man have done? E.g. Did you give the other driver proper and adequate notice of the ambulance approach?

16 Defendant The person who allegedly committed an offense and is thus being sued or prosecuted. You dont want to be this guy!

17 Plaintiff The person who initiates the legal action in order to recover their losses. This is usually the other guy!

18 Tort A legal wrong that results in a direct or indirect injury to another individual, or property damage. This is what the chief or owner will write that you did on your termination papers.

19 True Emergency A situation in which there is a high probability of death or serious injury to an individual. Ask the question: Will getting there a few minutes earlier justify the risk of driving faster or ignoring driving rules? The plaintiffs attorney will ask this question!

20 Who determines it is a true emergency? Agency Protocols Dispatch Center Medic discretion Based on What? Information given? Gut feeling? Past experience?

21 True Emergencies? First alarm for a house fire. MVC two car head-on MVC, car into ditch, unknown injuries Baby not breathing Student with headache Woman in labor Transfer to Doctor Office

22 Conclusion You must act in a manner that protects all person with whom you may interact at all times and under all circumstances. The emergency vehicle and its contents must be in safe operating condition at all times. You are ultimately responsible for the above!

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