Deck 3: Civil Liability Under State and Federal Tort Law

Question 1

A plaintiff suing a federal officer must base her or his action on which of the following?

A) Title 42, U.S. Code §1983
B) The Federal Tort Claims Act
C) The Violent Crime Control and Law Enforcement Act
D) None of the above

Answer 1

B

Question 2

What does comparative negligence argue?

A) the plaintiff was partially at fault for her or his injuries
B) the defendant was partially at fault for the plaintiff's injuries
C) the defendant and the plaintiff are both at fault for the plaintiff's injuries.
D) the plaintiff knew or should have known of the risk involved, or had actual knowledge

Answer 2

C

Question 3

What are the four elements necessary to prove negligence in a negligence tort claim?

A) legal duty, breach of legal duty, proximate causation, and an actual injury
B) legal duty, breach of legal duty, contributory negligence, and an actual injury
C) legal duty, breach of legal duty, contributory negligence, and comparative negligence
D) contributory negligence, comparative negligence, assumptions of risk, and an actual injury

Answer 3

A

Question 4

Slight-gross-rule comparative negligence is a type of comparative negligence law that bars recovery unless the plaintiff's negligence slight in comparison to the defendant's negligence.

Question 5

The three types of remedies in tort actions are compensatory damages, punitive damages, and proximate cause damages.

Question 6

Under the Federal Tort Claims Act, certain state claims against federal agents can also be filed in a federal court of law.

Question 7

Which of the following is true of false arrest and imprisonment?

A) False arrest and imprisonment is an example of an intentional tort.
B) False arrest and imprisonment only applies to police officers.
C) Officers who fail to thoroughly investigate a correct residence will automatically be held liable for false arrest and imprisonment.
D) All of the above are true.

Question 8

The authority to perform duties always creates a legal duty to perform them with reasonable care.

Question 9

Which of the following is true of wrongful death torts?

A) When a death occurs in police intervention, transport, or custody, a wrongful death case is likely to result.
B) Wrongful death torts may also claim that the criminal justice agency conspired to cause the death of the deceased and/or covered up the death with an inadequate internal investigation.
C) Wrongful death torts can include denial of medical care for a prisoner.
D) All of the above are true.

Question 10

Negligence is based on which of the following?

A) contributory negligence and comparative negligence
B) punitive damages and nominal damages
C) the existence of a duty and a breach of that duty
D) proximate cause and occurrence of actual injury

Question 11

There is no general civil duty to prevent a crime.

Question 12

What does contributory negligence argue?

A) the plaintiff was partially at fault for her or his injuries
B) the defendant was partially at fault for the plaintiff's injuries
C) the defendant and the plaintiff are both at fault for the plaintiff's injuries.
D) the plaintiff knew or should have known of the risk involved, or had actual knowledge

Question 13

Which of the following are examples of areas of potential negligence in criminal justice?

A) wrongful death, malicious prosecution, and inadequate defense
B) wrongful death, failure to protect, and malicious prosecution
C) wrongful death, failure to protect, and inadequate defense
D) none of the above

Question 14

Which of the following does assumption of the risk argue?

A) the plaintiff was partially at fault for her or his injuries
B) the defendant was partially at fault for the plaintiff's injuries
C) the defendant and the plaintiff are both at fault for the plaintiff's injuries.
D) the plaintiff knew or should have known of the risk involved, or had actual knowledge

Question 15

Which of the following is true about proximate cause?

A) Proximate cause is an area of potential negligence.
B) Proximate cause is a possible defense against negligent tort actions.
C) Proximate cause is the direct factual link between the act of negligence and the plaintiff's injury.
D) All of the above

Question 16

Which of the following is true of a Bivens action?

A) A Bivens action can be brought against the federal government.
B) A Bivens action cannot be brought against the federal government.
C) A Bivens action can only be brought against the state employees.
D) A Bivens action can only be brought against a state government.

Question 17

Which of the following two categories of people require special duty?

A) prisoners and individuals in mental institutions
B) adult prisoners and juvenile offenders
C) mentally disabled individuals and individuals under the influence of drugs or alcohol
D) mentally disabled individuals and children

Question 18

Which of the following is true of failure to protect torts?

A) Police have a duty to prevent a crime and are liable for not doing so.
B) Police have a duty to protect those under their control and custody and are liable for not doing so.
C) Police do not have a duty to protect those under their control and custody and are therefore not liable for doing so.
D) All of the above are true.

Question 19

What constitutes negligent operation of emergency vehicles in most states?

A) negligence as a result of a violation of the agency's pursuit policy
B) negligence in high speed pursuit cases
C) operating a police vehicle in a reckless manner
D) all of the above

Question 20

Which of the following are the three defenses to negligent tort actions discussed in the text?

A) breach of duty, proximate cause, and false occurrence of actual injury
B) contributory negligence, comparative negligence, and proximate cause
C) contributory negligence, comparative negligence, and assumption of the risk
D) none of the above