Deck 3: Correctional Law and Legal Liabilities

Question 1

A ______ is an inmate who becomes skilled at generating legal complaints and grievances within the prison system.

A) writ writer
B) habeas corpus
C) compliant
D) writ a corpus

Answer 1

writ writer

Question 2

The policy of the Supreme Court and the lower courts of avoiding intervention in prison operations is generally known as the ______.

A) hands-off doctrine
B) hands-on doctrine
C) hands-free doctrine
D) freedom doctrine

Answer 2

hands-off doctrine

Question 3

The clear beginning of the end for the hands-off doctrine occurred in the 1941 Supreme Court case of ______.

A) Ex parte Hull
B) Ex parte Pelzer
C) Hope v. Pelzer
D) Cooper v. Pate

Answer 3

Ex parte Hull

Question 4

The term ______ refers to a challenge of the legality of confinement.

A) guilty
B) civil liability
C) habeas corpus
D) tort

Question 5

The term habeas corpus is a(n) ______ term that means "you have the body."

A) English
B) Latin
C) French
D) Russian

Question 6

Which court case validated and made clear the right of inmates to sue prison systems and prison staff under the Civil Rights Act of 1871?

A) Ex parte Hull
B) Cooper v. Pate
C) Turner v. Safley
D) Mapp v. Ohio

Question 7

In the case of Turner v. Safley, the court held that prison regulations must be based on key elements of what are known as the rational basis test. Which of the following is a key rational element?

A) There must be a rational and a clear connection between the regulation and the reason that is given for that regulation's existence.
B) Inmates must be given alternative means to practice a given right that has been restricted, when feasible.
C) The means by which prison staff and inmates are affected must be kept as minimal as realistically possible.
D) All of these are key elements for a rational basis test.

Question 8

In which case did the U.S. Supreme Court rule that a prison regulation that impinges on inmates' constitutional rights is valid if it is reasonably related to legitimate penological interests?

A) Turner v. Safley
B) Johnson v. Avery
C) Bounds v. Smith
D) Lewis v. Casey

Question 9

Which court case ruling found that prison authorities cannot prohibit inmates from aiding other inmates in preparing legal documents unless they also provide alternatives by which inmates may access the courts?

A) Johnson v. Williams
B) Johnson v. Avery
C) Estelle v. Gamble
D) Vitek v. Jones

Question 10

The primary case that addresses the issue of law libraries is:

A) Johnson v. Avery
B) Johnson v. Williams
C) Vitek v. Jones
D) Bounds v. Smith

Question 11

Which court case determined that prison systems must provide inmates with law libraries or professional legal assistance?

A) Johnson v. Avery
B) Estelle v. Gamble
C) Gregg v. Georgia
D) Bounds v. Smith

Question 12

In the ______ case, the U.S. Supreme Court held that any inmate who alleges a violation of Bounds must show that shortcomings in the prison's library or services for assistance caused an actual harm or injury that was directly attributable to the inmate's inability to pursue legitimate legal claims.

A) Estelle v. Gamble
B) Lewis v. Casey
C) Martin v. Lewis
D) Mapp v. Ohio

Question 13

Which court case ruling found that inmates must be given reasonable opportunities to exercise their religious beliefs?

A) Holt v. Hobbs
B) Lanza v. New York
C) Hudson v. Palmer
D) Cruz v. Beto

Question 14

Which court case ruling held that depriving an inmate of attending a religious service for "legitimate penological interests" was not a violation of the inmate's First Amendment rights?

A) Cruz v. Beto
B) Hudson v. Palmer
C) Cruz v. Estate of Reynolds
D) O'Lone v. Estate of Shabazz

Question 15

In which case did the U.S. Supreme Court rule that the Muslim faith is a valid religion that requires prison officials to allow Muslim inmates to engage in their respective religious activities?

A) Cruz v. Beto
B) O'Lone v. Estate of Shabazz
C) Fulwood v. Clemmer
D) Holt v. Hobbs

Question 16

In the case of Procunier v. Martinez (1974), the U.S. Supreme Court found that prison official may censor inmate ______ only to the extent necessary to ensure security of the institution.

A) visits
B) mail
C) lawyers
D) religious freedoms

Question 17

Which amendment issues address unreasonable searches and seizures of persons and their things? In prisons, this tends to involve invasive searches of inmates and/or their property that inmates believe should be protected.

A) First
B) Second
C) Fourth
D) Ninth

Question 18

Which court ruling found that verbal and written conversations in jail (and prison) visitation rooms do not enjoy any Fourth Amendment privacy safeguards?

A) Lanza v. New York
B) Cruz v. Beto
C) Bell v. Wolfish
D) Hudson v. McMillian

Question 19

Which court ruling determined that body cavity searches of inmates after contact visits is permissible, as are searches of inmates' quarters in their absence?

A) Estelle v. Gamble
B) Baxter v. Palmigiano
C) Bell v. Wolfish
D) Vitek v. Jones

Question 20

In the case of Bell v. Wolfish, the U.S. Supreme Court ruled that after contact visits, the use of which type of searches of inmates are permissible?

A) body cavity
B) frisks
C) simple
D) strip down

Question 21

Which court case ruling permitted that a prison cell may be searched without a warrant and without probable cause since prison cells are not protected by the Fourth Amendment?

A) Holt v. Hobbs
B) Lanza v. New York
C) Hudson v. Palmer
D) Bell v. Wolfish

Question 22

In the case of Estelle v. Gamble (1976), it was found that deliberate indifference to an inmate's ______ needs constitutes cruel and unusual punishment and is therefore unconstitutional.

A) medical
B) social
C) mental
D) all of these

Question 23

In the case of Ruiz v. Estelle (1980), the U.S. Supreme Court ruled that the ______ prison system was in violation of the prohibition against cruel and unusual punishments.

A) New York
B) Kansas
C) Maryland
D) Texas

Question 24

In the case of Hutto v. Finney (1978), several principles were found to be in violation of the Eighth Amendment. Which of the following was not one of the principles mentioned by the court?

A) Courts should consider the totality of the conditions of confinement.
B) Courts should make a point to specify each individual factor that contributed to this totality of conditions that were found to be unconstitutional, with clear orders for remediation and changes.
C) When and where possible, courts should articulate the minimal standards necessary for an institution to remedy the constitutional violation.
D) Courts should allow multimedia use by inmates in confinement.

Question 25

In which case did the U.S. Supreme Court rule that inmates do not need to suffer a severe physical injury in order to file an Eighth Amendment claim as long as the use of force or abusive treatment involved the "wanton and unnecessary infliction of pain," or if the force was used "maliciously or sadistically for the very purpose of causing pain"?

A) Brown v. Plata
B) Hudson v. McMillian
C) Trop v. Dulles
D) Hutto v. Finley

Question 26

In the case of Brown v. Plata (2011), the U.S. Supreme Court found that overcrowding in the ______ Department of Corrections and Rehabilitation (CDCR) was unconstitutional.

A) Texas
B) California
C) Georgia
D) New Jersey

Question 27

In which case did the U.S. Supreme Court provide the statement that there existed "evolving standards of decency that marked the progress of a maturing society" which has since been used by opponents of the death penalty to justify why the penalty should be eliminated from the range of sentencing options?

A) Furman v. Georgia (1972)
B) Witherspoon v. Illinois (1968)
C) Trop v. Dulles (1958)
D) Roper v. Simmons (2005)

Question 28

Which court case held that it was not constitutional to strike a potential juror from serving if the juror had doubts or reservations about the use of the death penalty?

A) Gregg v. Georgia
B) Atkins v. Virginia
C) Witherspoon v. Illinois
D) Roper v. Simmons

Question 29

In which U.S. Supreme Court case was it determined that the death penalty had been administered in an arbitrary and capricious manner?

A) Hall v. Florida
B) Furman v. Georgia
C) Atkins v. Virginia
D) Gregg v. Georgia

Question 30

Which U.S. Supreme Court case resulted in the commutation of hundreds of death row sentences to life imprisonment?

A) Furman v. Georgia
B) Gregg v. Georgia
C) Coker v. Georgia
D) Wilkerson v. Utah

Question 31

In ______, the U.S. Supreme Court added that when considering the method of execution, the chosen method of execution is to be considered constitutional unless the convicted can show that a substantial risk of harm was increased through a given method when compared with another known and available alternative method.

A) Glossip v. Gross
B) Gregg v. Georgia
C) Atkins v. Virginia
D) Roper v. Simmons

Question 32

The U.S. Supreme Court ruled in ______ that cases where it is difficult to distinguish mental disability cannot rely solely on intelligence test scores, alone, to determine whether a death row inmate is to be put to death.

A) Glossip v. Gross
B) Hall v. Florida
C) Gregg v. Georgia
D) Roper v. Simmons

Question 33

In which case did the U.S. Supreme Court uphold the idea that death penalty cases should only be tried by juries, not judges?

A) Thompson v. Oklahoma
B) Hall v. Florida
C) Coker v. Georgia
D) Hurst v. Florida

Question 34

In which case did the U.S. Supreme Court rule that prosecutors had to provide nonracial reasons for eliminating potential jurors from serving on the jury?

A) J.E.B. v. Alabama
B) McClesky v. Kemp
C) Batson v. Kentucky
D) Ring v. Arizona

Question 35

In which case did the U.S. Supreme Court hold that statistical data used to demonstrate disparities in the use of the death penalty were not sufficient evidence to invalidate its use?

A) Ring v. Arizona
B) McClesky v. Kemp
C) Hall v. Florida
D) Hurst v. Florida

Question 36

In which case did the U.S. Supreme Court hold that juries, rather than judges, are to be the body that determines if the death penalty will be given to a convicted murderer?

A) Ring v. Arizona
B) McClesky v. Kemp
C) Hall v. Florida
D) Hurst v. Florida

Question 37

In which case did the U.S. Supreme Court rule that defendants in capital cases have a right to representation that is objectively reasonable?

A) Uttecht v. Brown
B) Hall v. Florida
C) Strickland v. Washington
D) Witherspoon v. Illinois

Question 38

In the case of Kingsley v. Hendrickson, the court found that for claims of ______ brought by pretrial detainees, it is only necessary to show that the force used was objectively unreasonable.

A) discrimination
B) disparity
C) excessive force
D) sexual harassment

Question 39

In which case did the U.S. Supreme Court determine that inmates do not have the right to counsel for disciplinary hearings that are not part of a criminal prosecution?

A) Bell v. Wolfish
B) Kingsley v. Hendrickson
C) Witherspoon v. Illinois
D) Baxter v. Palmigiano

Question 40

In which case did the U.S. Supreme Court address the totality of circumstances regarding prison facilities and noted very clearly that "the constitution does not mandate comfortable prisons," nor should prisons aspire to reach such an ideal standard of living?

A) Baxter v. Palmigiano
B) Bell v. Wolfish
C) Wolff v. McDonnell
D) Rhodes v. Chapman

Question 41

Which of the following is not one of the contentions of the one hand-on, one hand-off doctrine?

A) Prison officials need to maintain order, security, and discipline in their facilities.
B) Prison officials are allowed to deny any religious rights to inmates under the fairness doctrine.
C) Inmates do not forfeit their constitutional rights.
D) Inmate rights are not as broad and encompassing as are free persons.

Question 42

The ______ was initially passed through Congress with the intent of preventing the wave of frivolous lawsuits that had been filed by inmates in federal court.

A) Prison Litigation Reform Act (PLRA)
B) Jail Reform Act (JRA)
C) Prison and Jail Law Reform Act (PJLR)
D) Prison Lawsuit Law (PLL)

Question 43

In which case did the U.S. Supreme Court rule that inmates must exhaust all of their available administrative processes for a grievance before filing suit, even if those provisions do not allow for monetary damages?

A) McCoy v. Louisiana
B) Booth v. Churner
C) Vitek v. Jones
D) Kingsley v. Hendrickson

Question 44

______ is a term used to note that when a person commits a wrongful action or fails to act when they had a duty to do so, they can be held legally accountable.

A) Tort
B) Wrongdoing
C) Liability
D) Responsibility

Question 45

A(n) ______ is one in which the actor, whether expressed or implied, was judged to have possessed intent or purpose to cause an injury.

A) unintentional tort
B) civil wrong
C) accident
D) intentional tort

Question 46

______ involves some form of slander or libel that damages a person's reputation.

A) Insult
B) Intentional tort
C) Defamation
D) Slur

Question 47

The infliction of ______ refers to acts (either intentional or negligent) that lead to emotional distress of the client.

A) emotional distress
B) emotional response
C) elevated response
D) elevated discourse

Question 48

Which category of liability would tactics used to bully or abuse an inmate fall under?

A) slander
B) emotional distress
C) physical distress
D) brutal distress

Question 49

What is a term that refers to being legally shielded from suit?

A) official immunity
B) potential immunity
C) correctional immunity
D) liability immunity

Question 50

What type of immunity means that an individual is not able to be subject to a lawsuit when acting in his or her professional capacity?

A) qualified
B) professional
C) absolute
D) initial

Question 51

What defense to a lawsuit can be raised if the person acted in the honest belief that the action taken was appropriate under the circumstance?

A) circumstantial
B) qualified
C) absolute
D) good faith

Question 52

What type of damages are payments for the actual losses suffered by a plaintiff?

A) punitive
B) declaratory
C) compensatory
D) injunctions

Question 53

What type of damages are monetary awards reserved for the person harmed in a malicious or willful manner by the guilty party?

A) declaratory
B) punitive
C) injunctions
D) compensatory

Question 54

A nonmonetary award that is occasionally granted is the ______, which is a judicial determination of the legal rights of the person bringing suit.

A) civil tort
B) wrong doing
C) criminal tort
D) declaratory judgment

Question 55

What is a court order that requires an agency to take some form of action(s) or refrain from a particular action(s)?

A) injunction
B) declaratory judgment
C) consent decree
D) punitive decree

Question 56

What is an injunction against both individual defendants and their agency?

A) declaratory judgment
B) judgment decree
C) consent decree
D) punitive decree

Question 57

The policy of the Supreme Court and the lower courts of avoiding intervention in prison operations is generally known as the hands-off doctrine.

Question 58

In the case of Lewis v. Casey (1996), the U.S. Supreme Court enunciated four key elements of what are known as the rational basis test.

Question 59

The rational basis test sets guidelines for the rights of inmates that still allow correctional agencies to maintain security.

Question 60

In the case of Johnson v. Avery (1969), the U.S. Supreme Court held that prison authorities cannot prohibit inmates from aiding other inmates in preparing legal documents unless they also provide alternatives by which inmates may access the courts.

Question 61

The primary case that addresses the issue of law libraries is Gregg v. Georgia (1976).

Question 62

In cases of legitimate religious actions, the government must show that substantially burdening the religious exercise of an individual is "the least restrictive means of furthering that compelling governmental interest."

Question 63

In the case of Gregg v. Georgia (1976), methods of implementing the death penalty are subject to suit under Section 1983 litigation.

Question 64

The totality of circumstances has been modified in prison law to consist of the totality of the conditions, to determine if conditions in an institution are in violation of the Eighth Amendment.

Question 65

The U.S. Supreme Court decision of Wilkerson v. Utah resulted in the commutation of hundreds of death row sentences to life imprisonment.

Question 66

The Supreme Court has recently declared that a juvenile can be executed under the age of 16.

Question 67

In Roper v. Simmons, the court held that it was not constitutional to strike a potential juror from serving if the juror had doubts or reservations about the use of the death penalty.

Question 68

The primary application of the Fourteenth Amendment to prison law issues has to do with procedural due process issues and issues related to equal protection.

Question 69

In the case of Hobbs v. New York, the court found that inmates are entitled to due process in involuntary transfers from prison to a mental hospital.

Question 70

The case of Bell v. Wolfish (1979) determined that body cavity searches of inmates after contact visits is permissible, as are searches of inmates' quarters in their absence.

Question 71

Rulings such as that found in Brown v. Plata (2011) demonstrate that the U.S. Supreme Court will not become involved and rule against prison administrators even when prison conditions seem to be egregious.

Question 72

The Prison Litigation Reform Act limits an inmate's ability to file lawsuits and the compensation that he or she can receive.

Question 73

The Prison Litigation Reform Act sets a limit on the relief that an inmate may secure from the courts, the restriction being that courts may only require of prison systems a minimum of modification so as to most expediently and in a Spartan manner address a noted deficiency.

Question 74

The honest faith defense involves the person acted in the honest belief that the action taken was appropriate under the circumstances.

Question 75

Slander is verbal communication intended to lower the reputation of a person where such facts would actually be damaging to a reputation.

Question 76

Punitive damages are payments for the actual losses suffered by a plaintiff.

Question 77

A compensation judgment involves a judicial determination of the legal rights of the person bringing suit.

Question 78

An injunction is a court order that requires an agency to take some form of action(s) or to refrain from a particular action(s).

Question 79

A consent decree is an injunction, but with the plaintiff and the agency both being involved.

Question 80

Discuss the findings of Ex parte Hull.