Legal BOP tab 9

What is apprehension?

The seizure, taking, or arrest of a person on a criminal charge.

What is an arrest?

To deprive a person of their legal liberty by legal authority.

What is civil law?

Law concerned with civil or private rights and remedies.

What is a complaint?

The pleading that sets forth a claim for relief.

What are damages?

Compensation recovered by a person who has suffered a loss.

Who is a defendant?

The person defending/denying.

What is detention?

The act of keeping back a person; detain an individual

What is habeas corpus?

A proceeding seeking to determine whether a prisoner has been properly restrained.

Good faith

Absent of malice

What is indemnification?

Damages paid by the government instead of an employee. Must be requested and be in line with two factors:

1. Was employee within the scope of employment at time of incident?

2. Is it in the best interest of the government to indemnify the employee?

Injunction

A court order forbidding a defendant from doing an act that is unjust to the plaintiff.

What is an intentional act

Assault and battery, invasion of privacy, defamation, false imprisonment, and fraud.

Liability

Responsibility for a loss.

Motion

Asking the court to impose a rule or order that some action be done.

Negligence

Failure to use reasonable care, doing of something which a reasonable person would not do.

Plaintiff

Individual bringing an action against the defendant.

Probable cause

reasonable belief, based on factual evidence or reliable information, a person has committed or is about to commit a crime.

Qualified Immunity

Available to individual employees who had a good faith belief they were acting within the scope of their employment and didn’t violate constitutional right of another.

Also a defense to a bivens suit.

Reasonable suspicion

Specific articulable facts and rational inferences that would lead an officer to suspect an individual is involved in criminal activity.

(ex. inmate acting nervous and continuously visiting area consistent with contraband exchange.)

Remand

A higher court returning a case to a lower court.

What is the scope of employment

Carrying out the business of BOP within policy and law.

Subpoena

Command to appear in court

Summons

An instrument to commence an action and acquire jurisdiction over a party

Tort

Private wrong or injury

Writ

Order issued by the court requiring a specific action to be done