Question 1

A/an ______ is a court order that directs an individual or a government to stop an unlawful activity.

Accepted Answer

An injunction is a legal order issued by a court that requires a party to do or to refrain from doing certain acts. It is often used to prevent ongoing or imminent harm by stopping the action before it causes irreparable damage.

Question 2

Which amendment provides immunity for state governments and agencies from § 1983 suits?

Accepted Answer

The Eleventh Amendment provides immunity for state governments and agencies from lawsuits for money damages or equitable relief without their consent, including suits under § 1983.

Question 3

A ______ is not liable when a police officer takes the law into his or her own hands.

Accepted Answer

The answer of A ______ is not liable when a...

Question 4

Of the following, who has the greatest level of immunity against § 1983 lawsuits?

Accepted Answer

Judges have the greatest level of immunity against § 1983 lawsuits due to judicial immunity, which protects them from being sued for most actions taken while performing their judicial functions.

Question 5

In order to hold a law enforcement officer liable in a tort action, the plaintiff must show that the officer committed the tort ______.

Accepted Answer

To hold a law enforcement officer liable in a tort action, the plaintiff typically needs to demonstrate that the officer acted in a "willful or malicious fashion," which implies intentional or egregious misconduct beyond mere negligence or recklessness.

Question 6

By what level of proof must the plaintiff demonstrate that the law enforcement officer committed the tort in a "willful or malicious fashion?"

Accepted Answer

In civil cases, including those involving allegations of torts committed by law enforcement officers in a "willful or malicious fashion," the standard of proof is typically "by a preponderance of the evidence." This means that the plaintiff must show that it is more likely than not that the tort occurred as alleged.

Question 7

By which principle are agencies held liable for certain acts of their employees?

Accepted Answer

The principle of "respondeat superior" holds that an employer or principal is responsible for the actions of their employees or agents that occur within the course of their employment.

Question 8

All of the following are considered primary justifications for granting judges absolute immunity except ______.

Accepted Answer

Absolute immunity for judges is justified to prevent constant lawsuits, avoid hesitation in making tough decisions, and because judicial errors can be corrected through appeals. The fact that judges can still be sued under other statutes is not a justification for granting them absolute immunity; rather, it's a limitation of that immunity.

Question 9

Police have an affirmative duty to protect which individuals?

Accepted Answer

Police have an affirmative duty to protect individuals with whom they have established a special relationship, which is typically defined by specific circumstances where the police have taken custody of a person, thereby limiting that person's ability to protect themselves.

Question 10

Which of the following are provided with qualified immunity?

Accepted Answer

The answer of Which of the following are provided with...

Question 11

The mechanism by which widespread patterns of police misconduct are addressed is known as a/an ______.

Accepted Answer

Pattern-or-practice decrees are legal agreements (often resulting from lawsuits) used by the federal government to enforce reforms in police departments where there is evidence of systemic misconduct. These decrees are designed to address and correct patterns of behavior rather than individual instances of misconduct.

Question 12

Judicial immunity against § 1983 suits has its origins in ______.

Accepted Answer

Judicial immunity against § 1983 suits has its origins in medieval judicial practices, which established the principle that judges should have immunity to ensure impartiality and independence in their decision-making processes.

Question 13

All of the following individuals are granted absolute immunity except ______.

Accepted Answer

Presidential aides do not have absolute immunity in the performance of their duties. Judges, prosecutors, and jurors are granted absolute immunity for actions taken in their official capacities to ensure the fair and efficient operation of the judicial system without fear of personal liability.

Question 14

______ does not extend to cities, towns, counties, and local governments.

Accepted Answer

Sovereign immunity primarily applies to the state and federal governments, not to smaller entities like cities, towns, counties, and local governments. This legal doctrine prevents the government from being sued without its consent.

Question 15

______ ensures that the judicial process functions efficiently and smoothly because individuals are completely protected against a § 1983 suit for acts undertaken during the judicial process.

Accepted Answer

Absolute immunity ensures that individuals are fully protected against lawsuits for actions taken within their official roles during the judicial process, allowing the system to function without the hindrance of potential personal liability.

Question 16

All of the following are considerations on which the principle is established that the police have no legal obligation to intervene to protect the general public from harm except ______.

Accepted Answer

The principle is based on the idea that police resources are limited and they cannot be held responsible for the actions of private individuals, not on the requirement to intervene in medical emergencies.

Question 17

______ allows the police to enforce the law without fear that they will be held legally liable.

Accepted Answer

Qualified immunity protects police officers from lawsuits for actions performed within the scope of their duties, unless they violated clearly established statutory or constitutional rights that a reasonable person would have known.

Question 18

The immunity of judges covers decisions made during the ______.

Accepted Answer

The immunity of judges primarily covers decisions made during the trial process. This legal principle ensures that judges can perform their duties without fear of personal liability, allowing them to make impartial decisions based on the law and the facts presented to them.

Question 19

According to the U.S.Supreme Court, police have an affirmative duty to intervene to protect all of the following from acts of private individuals except ______.

Accepted Answer

The U.S. Supreme Court has not established an affirmative duty for police to protect individuals from acts of private individuals specifically to ensure their happiness. The duty generally recognized involves protecting life, liberty, and property.

Question 20

Tort actions are difficult to win because the police possess the defense of ______.

Accepted Answer

The answer of Tort actions are difficult to win because...

Quiz 11: Civil and Criminal Remedies for Constitutional Violations