Question 1

Qualified immunity from civil lawsuits is granted to law enforcement officers for violations of constitutional rules that are clearly established if the violation was objectively reasonable.

Accepted Answer

Qualified immunity protects law enforcement officers from civil lawsuits for actions taken in their official capacity, unless they violated clearly established statutory or constitutional rights of which a reasonable person would have known.

Question 2

Qualified immunity is a judicially created defense that is NOT explicitly provided for in the text of 42 U.S.C. Section 1983.

Accepted Answer

Qualified immunity is a legal doctrine developed through court decisions, not explicitly mentioned in the text of 42 U.S.C. Section 1983, which allows government officials to be immune from civil suits unless the official violated a clearly established statutory or constitutional right that a reasonable person would have known.

Question 3

In a qualified immunity defense the accused must demonstrate that he or she acted in a subjectively and objectively reasonable fashion.

Accepted Answer

In a qualified immunity defense, it is typically the plaintiff's burden to show that the public official's actions were not objectively reasonable in light of clearly established law at the time of the conduct.

Question 4

Internal review is a type of nonjudicial remedy.

Accepted Answer

Internal review refers to a process within an organization or institution to address complaints or disputes before resorting to external judicial remedies, thus it is considered a nonjudicial remedy.

Question 5

The number of instances involving of citizens in the complaint review process is decreasing.

Accepted Answer

The involvement of citizens in the complaint review process, particularly in contexts such as police oversight, has been increasing in many jurisdictions as part of efforts to enhance transparency, accountability, and public trust in law enforcement agencies.

Question 6

The exclusionary rule sometimes applies in civil law proceedings.

Accepted Answer

The exclusionary rule, primarily associated with criminal law to prevent the use of illegally obtained evidence, can sometimes apply in civil law proceedings as well, particularly in cases involving civil rights violations where evidence was gathered in violation of those rights.

Question 7

The ________ rule is the judicially created doctrine that prohibits the use of illegally obtained evidence in criminal trials.

Accepted Answer

The answer of The ________ rule is the judicially created...

Question 8

Evidence obtained through a defective search warrant is sometimes still admissible under the ________ faith exception.

Accepted Answer

The answer of Evidence obtained through a defective search warrant...

Question 9

Illegally obtained evidence can still be used for ________ of a witness in a criminal trial.

Accepted Answer

The answer of Illegally obtained evidence can still be used...

Question 10

Additional evidence that is obtained as a result of an initial illegal search is known as ________ of the poisonous tree and also excluded from use at trial.

Accepted Answer

The answer of Additional evidence that is obtained as a...

Question 11

The exceptions to the fruits of the poisonous tree doctrine include independent source, ________ or purged taint, and inevitable discovery.

Accepted Answer

The answer of The exceptions to the fruits of the...

Question 12

Evidence that would have been discovered despite an illegal search through other investigative means is admissible under the rule known as ________ discovery.

Accepted Answer

The answer of Evidence that would have been discovered despite...

Question 13

It is a federal crime under 18 U.S.C. 242 for a police officer to ________ a person of an important constitutional right with the specific intent to do so.

Accepted Answer

The answer of It is a federal crime under 18...

Question 14

A lawsuit for ________ relief means that the suing party is asking the court to bring the offensive or injurious behavior to a halt.

Accepted Answer

The answer of A lawsuit for ________ relief means that...

Question 15

42 U.S.C. Section 1983 provides a remedy in ________ court for the "deprivation of any rights . . . secured by the Constitution and laws"
of the United States.

Accepted Answer

The answer of 42 U.S.C. Section 1983 provides a remedy...

Question 16

Government officials performing discretionary functions, have ________ immunity from civil lawsuits for official conduct does not violate clearly established rights, which a reasonable person would have known.

Accepted Answer

The answer of Government officials performing discretionary functions, have ________...

Question 17

The process of police department reviewing by themselves alleged constitutional violations is known as ________ reviews.

Accepted Answer

The answer of The process of police department reviewing by...

Question 18

Match the exception to the Fruit of the Poisonous Tree Doctrine with the correct description.
-Purged Taint

Accepted Answer

Purged Taint refers to situations where the connection between the unconstitutional act (such as an illegal search or seizure) and the evidence obtained is sufficiently weakened or interrupted, allowing the evidence to be admissible in court.

Question 19

Match the exception to the Fruit of the Poisonous Tree Doctrine with the correct description.
-Independent Source

Accepted Answer

The Independent Source exception allows evidence to be admitted if it was obtained from a separate, independent source that is unrelated to the illegal search or seizure, thus not tainted by the initial illegality.

Question 20

Match the exception to the Fruit of the Poisonous Tree Doctrine with the correct description.
-Inevitable Discovery

Accepted Answer

The Inevitable Discovery exception allows evidence to be admitted if it can be shown that the evidence would have inevitably been discovered by lawful means, regardless of the initial unconstitutional search or seizure.

Quiz 2: The Exclusionary Rule and Other Remedies