Question 1

Who is protected by sovereign immunity?&#10;A) Law enforcement officers, correctional officers, member of the legislature.&#10;B) City council, mayor, city attorney.&#10;C) Cities, counties, and other political subdivisions of the state.&#10;D) All of the above.

Accepted Answer

Sovereign immunity protects cities, counties, and other political subdivisions of the state. It does not necessarily protect individuals such as law enforcement officers or members of the legislature. Therefore, choices A and B are incorrect.

Question 2

The states cannot be sued in federal courts as a result of which amendment?&#10;A) Tenth Amendment&#10;B) Eleventh Amendment&#10;C) Thirteenth Amendment&#10;D) Fourteenth Amendment

Accepted Answer

The Eleventh Amendment prohibits individuals from suing a state in federal court without the state's consent. It was ratified in 1795 and was a response to the Supreme Court decision in Chisholm v. Georgia (1793), which allowed citizens to sue states in federal court.

Question 3

Absolute immunity protects which of the following officials?&#10;A) Judges&#10;B) Prosecutors&#10;C) Legislators&#10;D) All of the above

Accepted Answer

Absolute immunity protects all of the above officials, meaning they cannot be sued for actions taken within the scope of their official duties. Judges have absolute immunity from lawsuits related to their judicial actions, prosecutors have absolute immunity for actions related to their prosecutorial decisions, and legislators have absolute immunity for actions taken related to their legislative duties.

Question 4

The appropriateness of qualified immunity is whether:&#10;A) The officer had been provided training that is relevant to the issues in the complaint.&#10;B) The officer was on duty at the time of the acts complained of.&#10;C) A reasonable officer understood his powers and responsibilities under clearly established standards.&#10;D) None of the above.

Accepted Answer

Qualified immunity protects government officials, such as police officers, from being held personally liable for actions taken in the course of their official duties. To determine if qualified immunity applies, courts look at whether a reasonable officer would have understood at the time of the events in question that their actions violated clearly established law. Therefore, choice C is the most relevant factor in determining the appropriateness of qualified immunity.

Question 5

The burden of proof on the affirmative defense of good faith is which party?&#10;A) The plaintiff.&#10;B) The defendant.&#10;C) The intervenor.&#10;D) None of the above.

Accepted Answer

The burden of proof on the affirmative defense of good faith lies on the defendant. The defendant must prove that they acted in good faith and without any fraudulent intent, which is necessary for the defense to succeed. The plaintiff and intervenor are not responsible for proving the defendant's good faith defense.

Question 6

The United States Supreme Court most often considers the application of qualified immunity in which of the following type of cases?&#10;A) Officers shooting at moving vehicles.&#10;B) Police vehicle pursuit cases.&#10;C) Use of deadly force.&#10;D) Use of force.

Accepted Answer

Qualified immunity is most often considered in cases involving the use of force by police officers, as it protects them from liability unless they violated a clearly established statutory or constitutional right.

Question 7

Risk management includes which of the following two elements?&#10;A) Retaining qualified counsel to conduct the legal defense and ensuring the agency has liability insurance to cover any loss.&#10;B) Risk financing and risk control.&#10;C) Thorough training for officers and maintaining documentation.&#10;D) Assessment of known risks and relevant training.

Accepted Answer

Risk management includes two main elements: risk financing (such as insurance coverage) and risk control (such as training and documentation). Option A only covers risk financing, while options C and D focus only on risk control. Therefore, option B is the best choice as it covers both elements of risk management.

Question 8

The risk management practice of job assessment involves which of the following actions?&#10;A) Review of officers' performance on duty.&#10;B) Review of training records and disciplinary actions against officers.&#10;C) Identify the tasks performed by personnel and review frequency and criticality.&#10;D) All of the above.

Accepted Answer

The answer of The risk management practice of job assessment...

Question 9

Risk control strategies are which of the following?&#10;A) Creating and maintaining a thorough policy manual for the agency.&#10;B) Having adequate liability insurance in force.&#10;C) Enforcing policies through effective disciplinary measures.&#10;D) Avoidance; prevention and reduction of losses; segregation of resources; and transference of risk.

Accepted Answer

Risk control strategies include avoidance, prevention and reduction of losses, segregation of resources, and transference of risk. Choices A, B, and C are all examples of specific risk control measures that can contribute to these broader strategies, but they are not comprehensive strategies by themselves.

Question 10

All states assert protection under state tort law immunity.

Accepted Answer

Not all states assert protection under state tort law immunity because the doctrine of sovereign immunity, which protects states from being sued without their consent, varies by state. Some states have waived this immunity to a certain extent, allowing for lawsuits under specific conditions.

Question 11

When an officer has no discretion in the performance of his actions, he will be protected by qualified immunity.

Accepted Answer

The answer of When an officer has no discretion in...

Question 12

When an officer has probable cause to conduct a search, he will be protected by qualified immunity.

Accepted Answer

The answer of When an officer has probable cause to...

Question 13

Risk management seeks to establish policies and practices that will reduce the number of claims and lawsuits and enhance the likelihood of successfully defending the suits that are filed.

Accepted Answer

The answer of Risk management seeks to establish policies and...

Question 14

Best practices are those methods or practices that have been shown to be a superior method or practice that has been proven to enhance the performance of other peer organizations.

Accepted Answer

The answer of Best practices are those methods or practices...

Deck 5: Defenses to Civil Litigation and Risk Management