Deck 14: Legal Aspects of Police Administration

Question 1

A tort is:

A) A private injury against the state or federal government.
B) A public injury or offense against the state, punishable by fine and/or imprisonment.
C) An invasion of privacy through illegal search and seizure.
D) A private injury inflicted on one person by another.

Answer 1

A private injury inflicted on one person by another.

Question 2

An intentional tort differs from negligence in that:

A) An intentional tort is really a voluntary act such as assault or malicious prosecution.
B) An intentional tort includes the act of being negligent.
C) An intentional tort is punishable by fine and imprisonment.
D) an intentional tort rarely violates constitutional rights whereas negligence almost always involves the violation of the Bill of Rights.

Answer 2

An intentional tort is really a voluntary act such as assault or malicious prosecution.

Question 3

The two areas of negligence that have been the greatest sources of litigation under Section 1983 are:

A) Negligent hiring and negligent supervision.
B) Negligent assignment and negligent entrustment.
C) Negligent supervision and negligent training.
D) Negligent direction and negligent supervision.

Answer 3

Negligent supervision and negligent training.

Question 4

The 1978 landmark case applying Title 42, U.S. Code, Section 1983, to municipalities and other local government units was:

A) Bivens v. the Drug Enforcement Administration.
B) Monell v. Department of Social Services.
C) City of Canton v. Harris.
D) Arnett v. Kennedy.

Question 5

A federal peace officer commits some act for which you want to sue. Your best means of suing in federal court is:

A) To file suit within 180 days following the act.
B) By using a Bivens-type suit.
C) A 1983 action.
D) An Eleventh Amendment action.

Question 6

Whistleblower statuses protect an employee's rights under which Amendment?

A) First.
B) Fourth.
C) Eleventh.
D) Fourteenth.

Question 7

the 1985 landmark case the restricted the use of deadly force in effecting an arrest without significant threat of death or serious physical injury to the officer or others was:

A) Tennessee v. Garner
B) Taylor v. Kelley.
C) Monell v. Georgia.
D) Bivens v. City of Chicago Police Department.

Question 8

According to the Supreme Court, before an agency conducts an administrative investigation wherein an issue that may involve disciplinary action against an officer for refusal to answer questions, the agency must:

A) Order the officer to answer the questions.
B) Ask questions that are specifically related to the officer's duties.
C) Advise the officer that answers to questions will not be used against the officer in a criminal proceeding.
D) All of the above.

Question 9

These rights have been loosely defined as those involving the protection and defense of one's good name, reputation, and position in the community.

A) Liberty.
B) Property.
C) Substantive.
D) Procedural.

Question 10

Which of the following is not an area usually covered by police firearms regulations?

A) Requirements for safeguarding the weapon.
B) Definition of type and caliber of the weapon.
C) Limitations on when the weapon may be used.
D) Guidelines for carrying the weapon, both on and off duty.

Question 11

Termination of high-speed pursuit policies generally falls into one of three models. Which of the following is not one of those three models?

A) Judgmental.
B) Supervisory.
C) Restrictive.
D) Discouragement.

Question 12

Which of the following is not a frequent factor in determining the extent of pursuit-related liability?

A) Use of roadblocks and the continuation of the pursuit.
B) The driving conditions, including the weather, a general assessment of equipment, and the experience of the drivers involved in the chase.
C) Disobeying traffic laws and excessive speed.
D) The gender and age of the officer involved in the pursuit.

Question 13

The curriculum developed by the Washington State Criminal Justice Commission instructs the police how to handle emotionally disturbed people includes all of the following except:

A) Recognizing abnormal behavior.
B) Dealing with suicidal subjects.
C) Awareness of community services.
D) Quasi-counseling skills.

Question 14

Police agencies must disclose to the prosecution, who must disclose to the defense, any exculpatory or impeachment evidence that demonstrates that a witness is lying about specific facts in a case, or is generally unworthy of belief. Evidence of this nature is often referred to as:

A) Aggravating circumstances.
B) Mitigating circumstances.
C) Brady material.
D) Bivens material.

Question 15

Material posted to social network sites can be used to impeach an officer's credibility. As a general rule, which of the following tips applies to police use of social network sites?

A) Do not post pictures of yourself in police uniform.
B) Do not post pictures of your police equipment.
C) Do not post pictures of you with a friend who is disrobed.
D) All of the above.

Question 16

What is the name of the test set forth by Justice Sandra Day O'Connor to determine the "reasonableness" of drug testing in the workplace?

A) The balancing test.
B) The reasonableness test.
C) The minimal intrusion test.
D) None of the above.

Question 17

Which of the following is a common less-lethal weapon?

A) Oleoresin Capsicum.
B) Bean-bag guns.
C) Net guns.
D) All of the above.

Question 18

A status exempting emergency vehicles from ordinary traffic regulations generally make the privilege conditional on with of the following:

A) The existence of an actual emergency.
B) The use of adequate warning devices.
C) The continued exercise of due care for the safety of others.
D) All of the above.

Question 19

Which of the following is not a factor that most frequently determines the extent of pursuit-related liability?

A) Purpose of pursuit.
B) Driving conditions.
C) Excessive speed.
D) Area of pursuit.

Question 20

Lawsuits involving tort actions are commonly referred to as a 1983 action. Why?

A) The action was signed into law in 1983.
B) 1983 officers in Chicago went on strike to show their support of the action.
C) It is found in Section 1983 of the U.S. Code.
D) 1983 citizens in Rochester, IL, signed a petition in favor of bringing legal action against a local police officer

Question 21

In the context of disciplinary action, ____________ requires that the rules and regulations on which disciplinary action is predicted by clear, specific, and reasonably related to public need.

Question 22

When a government agency tests an employee's urine, ____________ must be applied, which involves providing probable evidence of illegal activity.

Question 23

____________ is a legal doctrine imposing liability on supervisors and managers for the tortious conduct of their employees.

Question 24

Deliberate indifference is a legal standard that involves more than ____________.

Question 25

A ____________ gave federal courts jurisdiction over torts involving federal officers.

Question 26

While they have the potential to cause death or serious injury, ____________ weapons are considerably less harmful than the projectiles fired from firearms.

Question 27

The legal theory underlying most pursuit-related lawsuits is that the police were ___________ in conducting a pursuit.

Question 28

A(n) ____________ is an individual suffering from various forms of mental illness that may complicate interactions with police officers.

Question 29

The concept of probable cause arose from the ____________ Amendment.

Question 30

____________ is the standard applied to many legal questions in which it must be determined if conduct or action was reasonable in the eyes of the court.

Question 31

Liability must be based on proof that police conduct in breaching a duty owed was the ____________ of a pursuit-related accident.

Question 32

What are the primary negligence theories applicable to police supervision and management?

Question 33

Identify the four elements that must be proven in order to sue the police for negligence in a high-speed pursuit.

Question 34

Describe the "balancing test" as referred to in alcohol and drug testing in the workplace.

Question 35

Most of the suits against police officers fall into three general categories. Match the activity from Column 1 to its category of tort in Column 2. Each item in Column 2 may be used only once.

-An officer failing to control his vehicle.

A) Negligence Tort
B) Intentional Tort
C) Constitutional Tort

Question 36

Most of the suits against police officers fall into three general categories. Match the activity from Column 1 to its category of tort in Column 2. Each item in Column 2 may be used only once.

-Malicious prosecution.

A) Negligence Tort
B) Intentional Tort
C) Constitutional Tort

Question 37

Most of the suits against police officers fall into three general categories. Match the activity from Column 1 to its category of tort in Column 2. Each item in Column 2 may be used only once.

-False arrest.

A) Negligence Tort
B) Intentional Tort
C) Constitutional Tort

Question 38

Most of the suits against police officers fall into three general categories. Match the activity from Column 1 to its category of tort in Column 2. Each item in Column 2 may be used only once.

-An officer running a red light.

A) Negligence Tort
B) Intentional Tort
C) Constitutional Tort

Question 39

Most of the suits against police officers fall into three general categories. Match the activity from Column 1 to its category of tort in Column 2. Each item in Column 2 may be used only once.

-Liability of municipalities.

A) Negligence Tort
B) Intentional Tort
C) Constitutional Tort

Question 40

Most of the suits against police officers fall into three general categories. Match the activity from Column 1 to its category of tort in Column 2. Each item in Column 2 may be used only once.

-Bivens actions against federal officials.

A) Negligence Tort
B) Intentional Tort
C) Constitutional Tort

Question 41

Most of the suits against police officers fall into three general categories. Match the activity from Column 1 to its category of tort in Column 2. Each item in Column 2 may be used only once.

-Assault.

A) Negligence Tort
B) Intentional Tort
C) Constitutional Tort

Question 42

Most of the suits against police officers fall into three general categories. Match the activity from Column 1 to its category of tort in Column 2. Each item in Column 2 may be used only once.

-Firing a gun into a crowd of people.

A) Negligence Tort
B) Intentional Tort
C) Constitutional Tort

Question 43

Do you believe that police officers should be held to a higher standard than other professions with respect to negligence in the line of duty? Justify your response.

Question 44

Describe some situations that might be tortuous for police under the concepts of negligent hiring, negligent training, and negligent supervision.

Question 45

Why do you suppose that some police departments still have problems today with respect to negligent hiring practices?

Question 46

What elements should an adequate policy regarding the use of deadly force contain?

Question 47

What is it important for officers to be thoroughly trained on how to deal with emotionally disturbed persons?