Deck 2: Foundations for Liability

Question 1

Which of the following is true about §210401 of the Violent Crime Control and Law Enforcement Act of 1994 (Title 42, U.S. Code §§ 14141 and 14142)?

A) The Act permits the Department of Justice to investigate patterns or practices of misconduct in local police departments
B) The Act was passed partially in response to the Rodney King incident.
C) The Act requires the collection of statistics on "police abuse"
D) All of the above

Answer 1

D

Question 2

Which of the following statements are true about civil law?

A) Civil law is a public offense.
B) Civil law can result in fines, probation, incarceration, and/or death.
C) In civil law, the plaintiff may receive monetary damages as compensation.
D) In civil law, an acquittal normally is NOT appealable by the State.

Answer 2

C

Question 3

The Civil Rights of Institutional Persons Act (CRIPA) permits the Attorney General to bring civil lawsuits against state institutions regarding the civil rights of those housed in the facility.

Answer 3

True

Question 4

Which of the following is NOT a typical state tort law category?

A) Conditions of confinement
B) Assault
C) Invasion of property
D) Wrongful death

Question 5

DOJ prosecutions of Title 18, U.S. Code §242 cases increased by approximately what percent between 1998 and 2011?

A) About 20%
B) About 40%
C) About 60%
D) About 80%

Question 6

When a police officer kills someone, which of the following statements may be true?

A) The family could file only a criminal case.
B) The family could file only a tort case.
C) The family could file both a criminal and a tort case.
D) The family could file neither a criminal nor a tort case.

Question 7

What are Title 18 U.S. Code §241 and §242?

A) §241 is Criminal Liability for Deprivation of Civil Rights, and §242 is Conspiracy to Deprive a Person of Rights
B) §241 is Conspiracy to Deprive a Person of Rights, and §242 is Criminal Liability for Deprivation of Civil Rights
C) §241 is Civil Liability for Deprivation of Civil Rights, and §242 is Criminal Liability for Deprivation of Civil Rights
D) None of the above

Question 8

Which of the following are some of the top charges in which §242 actions are prosecuted?

A) sexual assault of an arrestee or prisoner, suicide, and battery
B) suicide, battery, and excessive force
C) battery, excessive force, and sexual assault of an arrestee or prisoner
D) excessive force, sexual assault of an arrestee or prisoner, and robbery/theft

Question 9

The two types of negligent tort cases are simple and complex.

Question 10

Which of the following are personal injury claims?

A) battery, negligence, and personal distress
B) battery, personal distress, and crimes against property
C) battery, crimes against property, and civil rights violations
D) none of the above

Question 11

Tort actions are criminal legal actions arising out of situations between private properties.

Question 12

In criminal law, which describes the state's burden?

A) Proof beyond a reasonable doubt
B) A preponderance of the evidence
C) Convinced by a 50.1% margin
D) Options a and c

Question 13

Torts allow recovery for which of the following claims?

A) Criminal negligence
B) Personal liability
C) Criminal misconduct
D) Personal negligence

Question 14

Which of the following statements is correct about negligent torts?

A) Negligent torts often arise from failing to perform a particular duty, and an officer's state of mind is considered.
B) Negligent torts often arise from failing to perform a particular duty, and only occur when the act leads to an injury.
C) Negligent torts often arise from failing to perform a particular duty, and can be only be against a person.
D) Negligent torts are more likely to prevail if gross negligence is proven.

Question 15

An Americans with Disabilities lawsuit cannot be filed in conjunction with another legal act.

Question 16

Which of the following best describes intentional tort?

A) Torts can be against people or property
B) Torts that often arise from failing to perform a particular duty
C) Torts do not question the officer's state of mind.
D) All of the above

Question 17

There were twice as many 18 U.S. Code §242 cases filed in 2011 compared to 1998.

Question 18

Which of the following provides a civil remedy to plaintiffs who can show that two or more officers conspired to deprive them of their civil rights?

A) Title 42, U.S. Code §1983
B) Title 42, U.S. Code §1985
C) Title 18, U.S. Code §241
D) Title 18, U.S. Code §242

Question 19

Which of the following is true of criminal justice administrative liability?

A) Personnel in both state and federal agencies are bound by and subject to sanctions in their respective departments.
B) Personnel in both state and federal agencies are bound by administrative rules in their respective departments.
C) Rules that violate an employee's rights are not legally binding.
D) All of the above

Question 20

Which of the following is true of the Americans with Disabilities Act (ADA)?

A) Permits the Department of Justice to investigate a criminal justice agency allegedly in violation of ADA
B) Gives prisoners access to the courts
C) Permits the Department of Justice to file a lawsuit in federal court against a criminal justice agency to enforce ADA
D) All of the above