Deck 5: Defenses to Civil Litigation and Risk Management

Question 1

Which of the following best describes qualified immunity?

A) Qualified immunity examines the degree of discretion that the official has in policymaking and implementing action.
B) Qualified immunity provides sovereign immunity for the local governments.
C) Qualified immunity provides sovereign immunity to criminal justice personnel for federal civil rights violations unless their actions violated a "clearly established right of which a reasonable person would have known."
D) Qualified immunity provides sovereign immunity for legislators.

Answer 1

C

Question 2

Risk management includes which of the following?

A) planning
B) leading
C) controlling agency losses at a reasonable cost
D) all of the above

Answer 2

D

Question 3

Which of the following is NOT true about best practices

A) Best practices is a method or technique that has consistently shown results.
B) Best practices is a superior method or innovative practice that contributes to the improved performance of an organization.
C) Best practices can be tested in a single cite or in multiple cites.
D) Best practices implies accumulating and applying knowledge about what is working and what is not working.

Answer 3

C

Question 4

What are the three types of sovereign immunity?

A) state tort law immunity, absolute immunity, and qualified immunity
B) absolute immunity, qualified immunity, and conditional immunity
C) absolute immunity, conditional immunity, and proximate immunity
D) qualified immunity, conditional immunity, and state tort law immunity

Question 5

Searches under a warrant are often upheld in accordance with a good faith defense.

Question 6

Which of the following is an example of a net benefit of a risk management system?

A) improved performance
B) liability defense
C) administrative function
D) all of the above

Question 7

Because of state tort law immunity, a state can be sued under §1983.

Question 8

What are the two reasons for granting criminal justice professionals qualified immunity?

A) (1) to safeguard against rogue officers, and (2) to ensure laws are enforced in a safe and uniform manner
B) (1) to encourage officers to aggressively enforce the law, and (2) to avoid trial
C) (1) to ensure laws are enforced in a safe and uniform manner, and (2) to provide an incentive for passing laws
D) (1) to encourage officers to aggressively enforce the law, and (2) to provide officers with a discretionary power

Question 9

Which is a reason American courts have supported absolute immunity for judicial, legislative, and executive duties?

A) It is unfair to hold public officials responsible for making difficult decisions
B) It would encourage reckless decision-making
C) It would cost too much in taxes
D) All of the above

Question 10

Why is evaluation an important part of a risk management system?

A) Evaluation can help bring in funding.
B) Evaluation helps identify changes that should be made.
C) Evaluation allows the agency to hire more staff.
D) all of the above

Question 11

A risk control policy should only be monitored and evaluated by supervisors.

Question 12

Who qualifies for sovereign immunity?

A) police officers, correctional officers and legislators
B) legislators, mayors, and the governor
C) cities, counties, and other political subdivisions
D) all of the above

Question 13

Which of the following are three of the five risk control strategies?

A) (1) avoidance, (2) prevention of losses, and (3) segregation of resources
B) (1) avoidance, (2) prevention of losses, and (3) performance evaluations
C) (1) monitoring, (2) compliance, and (3) evaluation
D) (1) avoidance, (2) prevention of losses, and (3) monitoring

Question 14

Which of the following best describes absolute immunity?

A) Absolute immunity provides sovereign immunity for the state.
B) Absolute immunity provides sovereign immunity to criminal justice personnel for federal civil rights violations unless their actions violated a "clearly established right of which a reasonable person would have known."
C) Absolute immunity provides sovereign immunity for legislators.
D) Absolute immunity examines the degree of discretion that the official has in policymaking and implementing action.

Question 15

Which of the following are two of the four factors a court will consider when scrutinizing an officer's actions?

A) (1) whether the officer's actions were based on departmental policy and regulations, and (2) whether the officer was intentionally negligent
B) (1) whether the officer's actions were based on departmental policy and regulations, and (2) whether the officer was acting on the advice of legal counsel and believed the advice was valid
C) (1) whether the officer was intentionally negligence, and (2) whether the officer was acting on the advice of legal counsel and believed the advice was valid
D) (1) was acting on the advice of legal counsel and believed the advice was valid, and (2) whether the officer has probable cause

Question 16

What do courts use to determine whether qualified immunity is appropriate?

A) the threshold question
B) whether an officer is reasonable
C) whether the officer understood what he or she did under clearly established standards
D) all of the above

Question 17

Good faith is acting without intent to do wrong.

Question 18

An effective risk management strategy must include regular training for all staff.

Question 19

Developing a risk control program comes when in the risk management process?

A) just after job task assessment
B) just after developing job descriptions
C) just after training employees
D) just after developing risk reduction strategies