Deck 4: Civil Liability and Federal Law: Section 1983 Litigation

Question 1

Which of the following is true about §1983?

A) §1983 provided an option for redressing a Constitutional violation through the common law.
B) §1983 guaranteed rights to African American citizens.
C) §1983 provided an avenue for state tort actions.
D) None of the above

Answer 1

D

Question 2

Which of the following is NOT one of the four important elements of §1983?

A) the plaintiff must be a protected person within the meaning of the act
B) the defendant must be an on-duty or off-duty public official
C) a constitutionally protected right must have been violated
D) none of the above

Answer 2

C

Question 3

What is true of attorney's fees in §1983 cases?

A) Attorney's fees are awarded in §1983 cases if there was a trial.
B) Attorney's fees are awarded only if the defendant wins his or her case.
C) Attorney's fees are awarded only if the plaintiff wins his or her case.
D) Attorney's fees are always awarded in §1983 cases.

Answer 3

C

Question 4

Interrogatories are used in the discovery stage of civil lawsuits.

Question 5

Which of the following are considered indicators that an officer is acting under "color of law?"

A) wearing their uniform, drawing their firearm, and being on duty
B) wearing their uniform, being on duty, and filing official reports
C) drawing their firearm, filing official reports, and otherwise hold themselves out as official personnel for a government agency.
D) drawing their firearm, filing official reports, and being on duty.

Question 6

Which of the following were the three reasons for enacting §1983?

A) (1) to redress unconstitutional laws, (2) to provide a federal forum when there was no state remedy in the books, and (3) to provide a federal remedy when the state court remedy was available in theory but not in fact.
B) (1) to provide a federal forum when there was no state remedy in the books, (2) to provide a federal remedy when the state court remedy was available in theory but not in fact, and (3) to respond to increasing accounts of racism and fascism.
C) (1) to provide a federal forum when there was no state remedy in the books, (2) to provide a federal remedy when the state court remedy was available in theory but not in fact, and (3) to provide a record of Constitutional violations.
D) None of the above

Question 7

Which of the following are types of damages awarded in §1983 litigation?

A) nominal, monetary, and administrative
B) monetary, administrative, and punitive
C) nominal, compensatory, and punitive
D) nominal, compensatory, and administrative

Question 8

Which of the following are three of the five basic tools allowed in discovery?

A) interrogatories, depositions, and consent decrees
B) interrogatories, requests for production, and requests for admission
C) depositions, consent decrees, and nominal liability
D) depositions, requests for production, and nominal liability

Question 9

Mere negligence is not actionable as a §1983 claim.

Question 10

What does "person" refer to within the meaning of §1983?

A) an individual plaintiff
B) an individual officer
C) a U.S. Citizen
D) an individual or government agency

Question 11

What does under "color of law" mean?

A) The defendant must be acting within the scope of his or her authority at the time of the constitutional deprivation.
B) The plaintiff must cite prior cases to help inform a ruling on his or her case.
C) The defendant must appear in court.
D) The plaintiff must prove the defendant had a duty that her or she neglected to perform.

Question 12

In a civil lawsuit, at which point does discovery occur?

A) right before a defendant's motion to dismiss
B) right before trial
C) during trial
D) right before mediation or arbitration

Question 13

Which of the following are possible remedies under §1983?

A) monetary relief, injunctive relief, and declaratory relief
B) monetary relief, declaratory relief, and administrative relief
C) monetary relief, administrative relief, and criminal charges
D) none of the above

Question 14

Corporations are excluded from §1983.

Question 15

Which of the following constitutional amendments help form the basis of §1983 actions?

A) The First, Fifth, and Seventh Amendments
B) The Second, Fifth, and Seventh Amendments
C) The Second, Seventh, and Eighth Amendments
D) The Fifth, Seventh, and Eighth Amendments

Question 16

Section 1983 added civil remedies to the criminal penalties that were enacted in 1884 with the passage of the Civil Rights Act.

Question 17

Who pays for damages in a §1983 cases?

A) the individual criminal justice professional
B) the agency that employs the individual criminal justice professional
C) the agency and the professional split the cost
D) the federal government

Question 18

In a civil lawsuit, where the filing of the suit occurs at which point?

A) right before a defendant's motion to dismiss
B) right before discovery
C) during discovery
D) right before mediation or arbitration

Question 19

Which of the following statements is true of injunctive relief?

A) A plaintiff may sue for injunctive relief.
B) Injunctive relief may only be granted in the form of a temporary restraining order.
C) Courts can grant a broad range of injunctions in §1983 cases.
D) Injunctive relief is intended to force state governments to be uniform with federal policies and practices.

Question 20

Under the Federal Tort Claims Act, monetary damages can also be awarded to a plaintiff.