Question 1

Can you sue a judge or a prosecutor for damages resulting from actions performed in their official capacities? Explain.

Accepted Answer

Judges enjoy absolute immunity from civi...

Question 2

The first U.S._________case was DeShaney v.Winnebago County Department of Social Services (1989) .

Accepted Answer

A)  civil action
B)  duty-to-protect
C)  limited liability
D)  strict liabilityE) C) and D)
F) B) and D)

Question 3

Under the doctrine of respondeat superior,state and local governments and their agencies are liable for their
employees' torts if the employee committed the tort during the course of their employment.

Accepted Answer

A) True 
 B)False  True

Question 4

According to the qualified immunity defense,law enforcement officers cannot be held personally liable in a civil lawsuit if:

Accepted Answer

A)  the officer honestly believed they had not violated the law.
B)  the officer can show that under the circumstances their actions were warranted.
C)  the officer can show their action was objectively reasonable as measured by legal rules "clearly established" at the time they acted.
D)  criminal charges are also not filed against them.E) A) and C)
F) B) and C)

Question 5

Police are rarely charged or convicted of criminal misconduct.

Accepted Answer

A) True 
 B)False

Question 6

Courts that have allowed the state-created danger exception apply it in one of two ways.The first way requires (a) a special relationship between the government and the victim,plus (b) :

Accepted Answer

A)  a plaintiff who committed only a minor offense
B)  an affirmative defense
C)  a danger created by the state
D)  a danger created by the plaintiffE) A) and D)
F) A) and B)

Question 7

In order to win a Section 1983 lawsuit against a police officer,the plaintiff must prove that the officer was acting under color of state law when he engaged in the behavior that is the subject of the suit.

Accepted Answer

A) True 
 B)False

Question 8

Under the doctrine of sovereign immunity,governments are always immune from lawsuit.

Accepted Answer

A) True 
 B)False

Question 9

Bivens actions are:

Accepted Answer

A)  constitutional tort actions against federal officers.
B)  prohibited against officials who act under color of authority.
C)  do not have to show unreasonable legal action by the defendants.
D)  banned against federal officials.E) A) and B)
F) All of the above A

Question 10

Beltran v.City of El Paso (2004) ruled that:

Accepted Answer

A)  a 911 operator had an affirmative duty to protect a mother and her daughter from their husband/father who murdered them.
B)  a 911 operator had no affirmative duty to protect a mother and daughter from their husband/father who murdered them.
C)  the 911 operator violated the due process rights of the murdered mother and daughter due to the operator's failure to protect them.
D)  the 911 operator violated the constitutional rights of the murdered mother and daughter due to the operator conveying untruthful information.E) C) and D)
F) A) and C)

Question 11

Lawsuits against individual federal law enforcement officers for a constitutional violation are called
.

Accepted Answer

Bivens act...

Question 12

The U.S.government can be sued for the constitutional torts of federal law enforcement officers who have the authority to search and arrest under:

Accepted Answer

A)  the Bivens rule.
B)  the Federal Tort Claims Act.
C)  Section 1983.
D)  state tort law.E) A) and B)
F) A) and C)

Question 13

Under certain circumstances,law enforcement officers have a total immunity defense that protects them from
being held personally liable for violating someone's rights.

Accepted Answer

A) True 
 B)False

Question 14

Prosecutors have_________immunity from civil lawsuit.

Accepted Answer

A)  absolute
B)  qualified
C)  sovereign
D)  functionalE) A) and D)
F) B) and D) D

Question 15

The legal doctrine of holding employers liable for wrongs committed by their employees if the employee is acting in the scope of employment is known as:

Accepted Answer

A)  no duty to protect.
B)  sovereign immunity.
C)  color of law.
D)  respondeat superior.E) None of the above
F) A) and B)

Question 16

Most police believe internal affairs unit are necessary.

Accepted Answer

A) True 
 B)False

Question 17

Prior to 1971,individuals were banned from suing_________for violations of their constitutional rights,but that changed in Bivens v.Six Unnamed FBI Agents (1971) .

Accepted Answer

A)  the superiors of law enforcement officers
B)  individual law enforcement officers
C)  the government units in charge of officers and departments
D)  law enforcement agenciesE) A) and C)
F) A) and B)

Question 18

The major objection to internal review of police misconduct is:

Accepted Answer

A)  police officers do not trust the officers conducting the investigation of misconduct.
B)  a police department has to divert resources away from fighting crime.
C)  the police should not be policing themselves.
D)  external review is less expensive and better received by the media.E) All of the above
F) A) and D)

Question 19

State and local governments are responsible for the torts of their employees,if the torts are committed during the
employees' employment,under the doctrine of_________.

Accepted Answer

The answer of State and local governments are responsible for...

Question 20

According to the defense of official immunity,an officer is personally liable:

Accepted Answer

A)  for any misconduct while on duty.
B)  for any willful or malicious misconduct.
C)  for any negligent act while exercising personal discretion.
D)  whenever she exercises her personal judgment.E) C) and D)
F) B) and D)

Exam 11: Constitutional Violations II: Other Remedies Against Official Misconduct

Can you sue a judge or a prosecutor for damages resulting from actions performed in their official capacities? Explain.

Correct AnswerverifiedJudges enjoy absolute immunity from civi...View AnswerShow Answer

The first U.S._________case was DeShaney v.Winnebago County Department of Social Services (1989) .

Correct AnswerverifiedShow Answer

Under the doctrine of respondeat superior,state and local governments and their agencies are liable for their employees' torts if the employee committed the tort during the course of their employment.

Correct AnswerverifiedTrue

According to the qualified immunity defense,law enforcement officers cannot be held personally liable in a civil lawsuit if:

Correct AnswerverifiedShow Answer

Police are rarely charged or convicted of criminal misconduct.

Correct AnswerverifiedShow Answer

Courts that have allowed the state-created danger exception apply it in one of two ways.The first way requires (a) a special relationship between the government and the victim,plus (b) :

Correct AnswerverifiedShow Answer

In order to win a Section 1983 lawsuit against a police officer,the plaintiff must prove that the officer was acting under color of state law when he engaged in the behavior that is the subject of the suit.

Correct AnswerverifiedShow Answer

Under the doctrine of sovereign immunity,governments are always immune from lawsuit.

Correct AnswerverifiedShow Answer

Bivens actions are:

Correct AnswerverifiedA

Beltran v.City of El Paso (2004) ruled that:

Correct AnswerverifiedShow Answer

Lawsuits against individual federal law enforcement officers for a constitutional violation are called .

Correct AnswerverifiedBivens act...View AnswerShow Answer

The U.S.government can be sued for the constitutional torts of federal law enforcement officers who have the authority to search and arrest under:

Correct AnswerverifiedShow Answer

Under certain circumstances,law enforcement officers have a total immunity defense that protects them from being held personally liable for violating someone's rights.

Correct AnswerverifiedShow Answer

Prosecutors have_________immunity from civil lawsuit.

Correct AnswerverifiedD

The legal doctrine of holding employers liable for wrongs committed by their employees if the employee is acting in the scope of employment is known as:

Correct AnswerverifiedShow Answer

Most police believe internal affairs unit are necessary.

Correct AnswerverifiedShow Answer

Prior to 1971,individuals were banned from suing_________for violations of their constitutional rights,but that changed in Bivens v.Six Unnamed FBI Agents (1971) .

Correct AnswerverifiedShow Answer

The major objection to internal review of police misconduct is:

Correct AnswerverifiedShow Answer

State and local governments are responsible for the torts of their employees,if the torts are committed during the employees' employment,under the doctrine of_________.

Correct AnswerverifiedShow Answer

According to the defense of official immunity,an officer is personally liable:

Correct AnswerverifiedShow Answer

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Judges enjoy absolute immunity from civi...
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True

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A

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Bivens act...
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D

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