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

Question 1

The Civil Rights Act of 1871, codified as Title 42, United States Code Section 1983, was enacted for the purpose of:

A) Providing federal criminal remedies for state and local officials who violated the civil rights of persons.
B) Establishing a process for persons to sue in state court for civil rights violations.
C) Providing federal civil remedies for state and local officials who violated the civil rights of persons.
D) All of the above.

Answer 1

C

Question 2

Between 1871 and 1961, Section 1983 was:

A) Widely used and promoted the protections of the Bill of Rights throughout the nation.
B) Sporadically used in over 1000 cases.
C) Applicable only to persons who acted as agents of the KKK in violating the rights of others.
D) Rarely used because of a narrow application of the law and the fact that the Bill of Rights was not applied to the states until the second half of the twentieth century.

Answer 2

D

Question 3

The phrase "under color of law" means:

A) The defendant was acting within the scope of his authority at the time of the act in question.
B) The defendant was acting under the directions of her supervisor in the conduct in question.
C) The defendant was an employee of the federal government at the time of the act.
D) The defendant failed to act in accordance with a recognized duty of care to a protected person.

Answer 3

A

Question 4

The U. S. Supreme Court first held that law enforcement officers could be sued for an alleged violation of civil rights in what case?

A) Monroe v. Pape.
B) Screws v. United States.
C) United States v. Classic.
D) Gideon v. Wainwright.

Question 5

Local governments may be sued under § 1983 if the plaintiff alleges:

A) Deprivation of rights by a city or county employee.
B) Harm caused by a state employee.
C) Injuries caused by a federal agent.
D) An officer acts pursuant to custom or official policy of the local agency.

Question 6

In order to be awarded attorney fees in a § 1983 suit, the litigant must:

A) Be awarded attorney fees by a jury.
B) Be a party to a written contract with the attorney.
C) Be a plaintiff who is awarded some relief on the merits of the claim.
D) Be a successful defendant in the case.

Question 7

At what point in the litigation process does discovery typically begin?

A) After the defendant is served summons.
B) Following the denial of a defendant's motion to dismiss.
C) After an unsuccessful attempt at mediation.
D) After the completion of any pre-trial investigation.

Question 8

Which of the following are three of the basic tools utilized in discovery?

A) Interrogatories, requests for production of documents, and depositions.
B) Interrogatories, depositions, and consent decrees.
C) Depositions, letters rogatory, and offers of judgment.
D) Requests for admission, practice pro hac vice, and motions in limine.

Question 9

Which of the following is true of actions under § 1983?

A) § 1983 guarantees right of African American citizens to equal protection of the law.
B) § 1983 allows persons to sue federal officials for violation of civil rights.
C) § 1983 guarantees right of African American citizens to due process.
D) None of the above.

Question 10

A civil lawsuit is initiated by the filing of which of the following documents?

A) Affidavit
B) Complaint and Summons
C) Petition for Writ of Habeas Corpus
D) Request for Admission of Facts

Question 11

A deposition is pre-trial testimony under oath by a party or witness that is recorded and transcribed by a court reporter.

Question 12

A plaintiff must exhaust all state court remedies before being allowed to sue state officials for constitutional violations in federal court in a § 1983 case.

Question 13

The statute of limitations governing the time limit for filing a suit under § 1983 is based upon state law.

Question 14

The "lodestar" for awarding attorney fees in a § 1983 case is the number of hours reasonably devoted to the case by the lawyer multiplied by a reasonable hourly rate.

Question 15

The time limits for discovery are at the discretion of the trial judge.

Question 16

The most common form of alternative dispute resolution is arbitration.