Exam 11: Civil and Criminal Remedies for Constitutional Violations

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Litigation involves all of the following except ______.

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Verified

B

State governments and state agencies can be sued under § 1983.

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(True/False)
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Verified

False

Defendants who plea-bargain and plead guilty also will not be able to bring the alleged misconduct of the police to the attention of a court.

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True

All of the following statements regarding state criminal prosecutions are true except ______.

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A ______ is not liable when a police officer takes the law into his or her own hands.

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All of the following are punishments that may be imposed by a chief of police except ______.

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Civilian review boards often have the power to act as mediators between police officers and civilians.

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Tort actions are difficult to win because the police possess the defense of ______.

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Identify and discuss the three elements to a § 1983 legal action that a plaintiff must establish by a preponderance of the evidence.

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All of the following individuals are granted absolute immunity except ______.

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An allegation against the police investigated by internal affairs will be ruled not sustained if the evidence does not sufficiently clearly prove or disprove the allegation.

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All of the following are elements of a Bivens action except ______.

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All of the following are considerations on which the principle is established that the police have no legal obligation to intervene to protect the general public from harm except ______.

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The immunity of judges for decisions made as part of their judicial function originated in medieval times.

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An injunction is a court order that directs an individual or government to stop an unlawful activity.

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One situation in which police have a duty to intervene is if an individual has been exposed to a danger and the police are at fault for that exposure.

(True/False)
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By what level of proof must the plaintiff demonstrate that the law enforcement officer committed the tort in a "willful or malicious fashion?"

(Multiple Choice)
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Police officers are typically prosecuted for ______.

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______ ensures that the judicial process functions efficiently and smoothly because individuals are completely protected against a § 1983 suit for acts undertaken during the judicial process.

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All of the following are considered primary justifications for granting judges absolute immunity except ______.

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