Deck 11: Accountability Through Liability

Question 1

Qualified immunity is:

A) freedom from being sued for performing certain functions
B) freedom from liability for performing certain functions
C) freedom from punitive damages but not compensatory damages
D) freedom from compensatory damages but not punitive damages

Answer 1

B

Question 2

If a person's Eighth Amendment rights are violated by an FBI agent acting undercolor of law,a claim may be brought:

A) under §1983
B) directly under the Constitution (a Bivens claim)
C) under §1983 and directly under the Constitution (a Bivens claim)
D) none of the above; the claim is brought under the Tucker Act

Answer 2

C

Question 3

Official immunity gives public officials ________ immunity for the performance of________ acts.

A) absolute; ministerial
B) qualified; ministerial
C) absolute; discretionary
D) qualified; discretionary

Answer 3

C

Question 4

To determine if a private party is acting under the direction of or pursuant to law,thereby permitting § 1983 to apply,the court will apply the following test:

A) the nexus test
B) the public function test
C) the symbiosis test
D) the compulsion test

Question 5

Absolute immunity is:

A) freedom from being sued for performing certain functions
B) freedom from liability for performing certain functions
C) freedom from punitive damages but not compensatory damages
D) freedom from compensatory damages but not punitive damages

Question 6

A witness testifying at trial who commits perjury enjoys:

A) absolute immunity for their testimony
B) qualified immunity for their testimony
C) official immunity for their testimony
D) no immunity for their testimony

Question 7

Which of the following is not recoverable against local governments in a § 1983 suit?

A) Actual damages
B) Declaratory relief
C) Punitive damages
D) Injunctive relief

Question 8

The Civil Rights Act of 1871 was originally enacted to enforce the:

A) Fifth Amendment
B) Eighth Amendment
C) Fourteenth Amendment
D) None of the above

Question 9

Which of the following is not an exception under the Federal Tort Claims Act?

A) Executive functions
B) Claims arising out of intentional torts
C) Ministerial and operational acts
D) Discretionary functions

Question 10

The "Little Tucker Act" provides federal district courts concurrent jurisdiction incertain cases with the Claims Court when the amount in controversy is under:

A) $10,000
B) $15,000
C) $20,000
D) $25,000

Question 11

Under the Federal Tort Claims Act,law enforcement officers are currentlyimmunized against:

A) false arrest
B) battery
C) assault
D) deceit

Question 12

State immunity occurs because:

A) a state is not a person as defined under § 1983
B) of the Eleventh Amendment
C) a state is not a person as defined under § 1983 and because of the Eleventh Amendment
D) none of the above

Question 13

Awards for pain and suffering would be through:

A) special damages
B) nominal damages
C) punitive damages
D) general damages

Question 14

The decision to fight a fire is ________; fighting the fire is ________.

A) discretionary; ministerial
B) discretionary; discretionary
C) ministerial; ministerial
D) ministerial; discretionary

Question 15

In Bowers v.City of Chattanooga,the court decided that because there was a clear planand policy of the state and city,the decision left to a bus driver on where to stop at aparticular intersection was:

A) executive
B) operational
C) discretionary
D) managerial

Question 16

Law enforcement officers enjoy absolute immunity:

A) when testifying in court
B) during investigations
C) when conducting warrantless searches and arrests
D) all of the above
E) none of the above

Question 17

States may not sue under § 1983 unless under a:

A) parens patriae theory
B) respondeat superior theory
C) declaratory judgment theory
D) pendent jurisdiction theory

Question 18

Which of the following is not afforded immunity?

A) Prosecutors
B) Public defenders
C) Prosecutors and public defenders
D) Neither prosecutors nor public defenders; both enjoy immunity.

Question 19

Section 1983 actions arise from:

A) the Civil Rights Act of 1864
B) the Civil Rights Act of 1871
C) the Civil Rights Act of 1964
D) the Civil Rights Act of 1991

Question 20

The power of the federal court to hear state law claims related to an underlying federal law claim is called:

A) removal jurisdiction
B) pendent jurisdiction
C) remand jurisdiction
D) parens patriae jurisdiction

Question 21

Judges are not immune from prospective injunctive relief.

Question 22

Most government programs are provided with a clear profit motive.

Question 23

Administrative law judges are entitled to absolute immunity when making statementsduring administrative proceedings.

Question 24

Color of law means legal,authorized,or required by the law.

Question 25

The public duty doctrine was created in the Federal Tort Claims Act.

Question 26

The Federal Tort Claims Act creates federal immunity for torts committed bygovernmental officials of the United States.

Question 27

If an individual speaks as a citizen on an issue of _____,the government canrestrict speech only to the extent necessary to ensure the efficient and effective operationof the employer.

A) private matter
B) public concern
C) private matter and public concern
D) none of the above

Question 28

Under the Federal Rules of Civil Procedure,a motion for dismissal may be grantedwhen no genuine issue of material facts exists and a party is entitled to judgment as amatter of law.

Question 29

The exhaustion of remedies doctrine requires that state and administrative remedies beexhausted before a § 1983 action may be filed.

Question 30

A lawsuit against an officer in his or her individual capacity is the same as suing thegovernment.

Question 31

Sovereign immunity makes a government free from liability but not suit.

Question 32

The plaintiff has a right to have a jury decide injunctive relief claims in § 1983 cases.

Question 33

There is no federal tort common or statutory law.

Question 34

A lawsuit against an officer in his or her official capacity is the same as suing thegovernment.

Question 35

Which amendments to the U.S.Constitution require the government to pay justcompensation to the property owner for takings?

A) Fifth and Fourteenth Amendments
B) Fifth and Fifteenth Amendments
C) Fourth and Fourteenth Amendments
D) Fourth and Tenth Amendments

Question 36

A judge is immune from liability,even if acting with malice,so long as the functionperformed is judicial.

Question 37

Section 1983 does not contain a specific statute of limitations.

Question 38

The police generally do not have a duty to individuals to prevent crime.

Question 39

Government liability is more limited than personal liability.

Question 40

The most common form of privatization involves the jettisoning of a service by agovernment body or agency,with said service then taken on completely by privateindustry.

Question 41

An administrative law judge is entitled to ____ immunity for statements made during administrative proceedings.

Question 42

Federal contractors are entitled to _____ against state tort claims if the contractor can demonstrate that the contractor designed the product pursuant to federal guidelines and that it made the federal government aware of any known risks.

Question 43

A professional football player is suspended by the league for one game for statementsthat the player made against the league's commissioner.The league,a private entity,hasviolated the player's First Amendment rights.

Question 44

In a regulatory takings case,the property owner must demonstrate that the regulation denies the property owner all economically viable use of his or her land.

Question 45

Prosecutors are protected by only_____ immunity when performing investigative,law enforcement,and administrative functions.

Question 46

Punitive damages may be awarded in § 1983 actions when the defendant's actions are reckless or malicious.

Question 47

In old England,the crown could do no wrong,which serves as the historical source of the doctrine of _____ immunity,holding that the government is immune from suit.

Question 48

One is subject to § 1983 only if acting under _____ of state law.

Question 49

The Tucker Act gives the U.S._____Court jurisdiction over any claim for damages against the United States that is founded on the Constitution,statutes,or regulations of the United States.

Question 50

Inmates can bring an action under § 1983 against private prison officials to enforceFourteenth Amendment due process rights and the Eighth Amendment prohibition of_____ punishments through injunctive relief.

Question 51

One purpose in favor of government liability is to provide just _____ to harmed citizens.

Question 52

With exceptions,the Eleventh Amendment generally provides immunity for states from liability in federal courts.

Question 53

When the government institutes regulations that prohibit a property owner from using his or her property as he or she intended,the property owner can argue that the government action constitutes a _____ taking.

Question 54

The Eleventh Amendment's immunity shields local municipalities from liability in federal courts.

Question 55

Under § 1983,corporations are considered persons and therefore are entitled to sueand seek redress for wrongs.