Question 1

Private prison guards enjoy immunity from a civil lawsuit in a § 1983 case.

Accepted Answer

A) True 
 B)False  False

Question 2

A city may be liable in civil court for the failure to properly train its police officers.

Accepted Answer

A) True 
 B)False  True

Question 3

Supreme Court requires that that claims of excessive force in the context of arrests or investigatory stops should be analyzed under the Fourth Amendment's substantive due process principles.

Accepted Answer

A) True 
 B)False  False

Question 4

Town of Castle Rock v. Gonzales case held

Accepted Answer

A)  the officer liable for the failure to arrest the father who later killed his family, but not the city. 
B)  the officer not liable, but the city liable for the failure to arrest. 
C)  the officer was not liable for the failure to arrest. 
D)  None of the above statements correctly describes the court's action. 
A)  the officer liable for the failure to arrest the father who later killed his family, but not the city. 
B)  the officer not liable, but the city liable for the failure to arrest. 
C)  the officer was not liable for the failure to arrest. 
D)  None of the above statements correctly describes the court's action.

Question 5

The general guidelines of the common law actions and 1983 are very similar with the except that under common law actions, the individual suing (plaintiff) must show that the wrong doer (tort feasor) was acting under the "color of law."

Accepted Answer

A) True 
 B)False

Question 6

What is meant by the term "qualified immunity?"

Accepted Answer

Qualified immunity is a legal doctrine i

Question 7

Under Color of Law under 42 USCS § 1983 means

Accepted Answer

A)  The misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law, is action taken under color of' state law. 
B)  The misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law, is action taken under color of' both federal and state law. 
C)  The misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law, is action taken under color of' federal law only. 
D)  All the above statements are incorrect. 
A)  The misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law, is action taken under color of' state law. 
B)  The misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law, is action taken under color of' both federal and state law. 
C)  The misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law, is action taken under color of' federal law only. 
D)  All the above statements are incorrect.

Question 8

In order to state a claim for deprivation of rights under 42 USCS § 1983, plaintiff must show that

Accepted Answer

A)  conduct complained of was committed by person acting under color of law. 
B)  defendants' conduct in fact deprived them of rights, privileges or immunities secured by Constitution or laws of United States. 
C)  defendants' conduct caused deprivation of federal constitutional rights. 
D)  defendants' conduct must have been intentional, grossly negligent, or must have amounted to reckless or callous indifference to constitutional rights of others. 
E)  All the above elements are required to establish a claim. 
A)  conduct complained of was committed by person acting under color of law. 
B)  defendants' conduct in fact deprived them of rights, privileges or immunities secured by Constitution or laws of United States. 
C)  defendants' conduct caused deprivation of federal constitutional rights. 
D)  defendants' conduct must have been intentional, grossly negligent, or must have amounted to reckless or callous indifference to constitutional rights of others. 
E)  All the above elements are required to establish a claim.

Question 9

When an officer has a duty to arrest someone and fails to do so, the officer is liable when the individual later commits a crime.

Accepted Answer

A) True 
 B)False

Question 10

Action taken under color of' state is the misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law.

Accepted Answer

A) True 
 B)False

Question 11

The Federal Tort Claims Act applies to violations of constitutional rights that occur in a foreign jurisdiction.

Accepted Answer

A) True 
 B)False

Question 12

A judge is not immune from liability for damages for acts committed within their judicial jurisdiction when the judge is accused of acting maliciously and corruptly.

Accepted Answer

A) True 
 B)False

Question 13

Why should police officers be liable for money damages when they arrest someone?

Accepted Answer

Police officers should be liable for mon

Question 14

What are the required elements of a 1983 claim for damages?

Accepted Answer

In order to file a claim for damages und

Question 15

If a prosecutor plans and executes a raid on a suspected weapons cache, he has no greater claim to complete immunity than activities of police officers allegedly acting under his direction.

Accepted Answer

A) True 
 B)False

Question 16

Most issues involving liability of CJ professionals involve a criminal action under 42 U.S. Code § 1983.

Accepted Answer

A) True 
 B)False

Question 17

A police officer may seize an unarmed, nondangerous suspect by shooting him dead.

Accepted Answer

A) True 
 B)False

Question 18

The general guidelines of the common law actions and 1983 are very similar with the except that under 1983, the plaintiff must show that the wrong doer (tort feasor) was acting under the "color of law."

Accepted Answer

A) True 
 B)False

Question 19

The inadequacy of police training may serve as the basis for 42 U.S.C.S. § 1983 liability only where the failure to train amounts to deliberate indifference to the rights of persons with whom the police come into contact.

Accepted Answer

A) True 
 B)False

Question 20

The general rules of liability do NOT include which of the following statements?

Accepted Answer

A)  Judges are immune from liability for damages for acts committed within their judicial jurisdiction. 
B)  A peace officer who arrests someone with probable cause is liable for false arrest when the innocence of the suspect is later proved. 
C)  The defense of good faith and probable cause may be available to police officers in a common-law action for false arrest and imprisonment. 
A)  Judges are immune from liability for damages for acts committed within their judicial jurisdiction. 
B)  A peace officer who arrests someone with probable cause is liable for false arrest when the innocence of the suspect is later proved. 
C)  The defense of good faith and probable cause may be available to police officers in a common-law action for false arrest and imprisonment.

Private prison guards enjoy immunity from a civil lawsuit in a § 1983 case.

A city may be liable in civil court for the failure to properly train its police officers.

Supreme Court requires that that claims of excessive force in the context of arrests or investigatory stops should be analyzed under the Fourth Amendment's substantive due process principles.

Town of Castle Rock v. Gonzales case held

The general guidelines of the common law actions and 1983 are very similar with the except that under common law actions, the individual suing (plaintiff) must show that the wrong doer (tort feasor) was acting under the "color of law."

What is meant by the term "qualified immunity?"

Under Color of Law under 42 USCS § 1983 means

In order to state a claim for deprivation of rights under 42 USCS § 1983, plaintiff must show that

When an officer has a duty to arrest someone and fails to do so, the officer is liable when the individual later commits a crime.

Action taken under color of' state is the misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law.

The Federal Tort Claims Act applies to violations of constitutional rights that occur in a foreign jurisdiction.

A judge is not immune from liability for damages for acts committed within their judicial jurisdiction when the judge is accused of acting maliciously and corruptly.

Why should police officers be liable for money damages when they arrest someone?

What are the required elements of a 1983 claim for damages?

If a prosecutor plans and executes a raid on a suspected weapons cache, he has no greater claim to complete immunity than activities of police officers allegedly acting under his direction.

Most issues involving liability of CJ professionals involve a criminal action under 42 U.S. Code § 1983.

A police officer may seize an unarmed, nondangerous suspect by shooting him dead.

The general guidelines of the common law actions and 1983 are very similar with the except that under 1983, the plaintiff must show that the wrong doer (tort feasor) was acting under the "color of law."

The inadequacy of police training may serve as the basis for 42 U.S.C.S. § 1983 liability only where the failure to train amounts to deliberate indifference to the rights of persons with whom the police come into contact.

The general rules of liability do NOT include which of the following statements?

Us Constitution

Concept of Due Process

Fourth Amendment

Fourth Amendment Issues

Exclusionary Rule

Fifth Amendment Issues

Sixth Amendment Issues

Eighth Amendment Issues

First Amendment Issues

Writ of Habeas Corpus

Epilogue

Filters

Exam 10: Civil Liability

Private prison guards enjoy immunity from a civil lawsuit in a § 1983 case.

A city may be liable in civil court for the failure to properly train its police officers.

Supreme Court requires that that claims of excessive force in the context of arrests or investigatory stops should be analyzed under the Fourth Amendment's substantive due process principles.

Town of Castle Rock v. Gonzales case held

The general guidelines of the common law actions and 1983 are very similar with the except that under common law actions, the individual suing (plaintiff) must show that the wrong doer (tort feasor) was acting under the "color of law."

What is meant by the term "qualified immunity?"

Under Color of Law under 42 USCS § 1983 means

In order to state a claim for deprivation of rights under 42 USCS § 1983, plaintiff must show that

When an officer has a duty to arrest someone and fails to do so, the officer is liable when the individual later commits a crime.

Action taken under color of' state is the misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law.

The Federal Tort Claims Act applies to violations of constitutional rights that occur in a foreign jurisdiction.

A judge is not immune from liability for damages for acts committed within their judicial jurisdiction when the judge is accused of acting maliciously and corruptly.

Why should police officers be liable for money damages when they arrest someone?

What are the required elements of a 1983 claim for damages?

If a prosecutor plans and executes a raid on a suspected weapons cache, he has no greater claim to complete immunity than activities of police officers allegedly acting under his direction.

Most issues involving liability of CJ professionals involve a criminal action under 42 U.S. Code § 1983.

A police officer may seize an unarmed, nondangerous suspect by shooting him dead.

The general guidelines of the common law actions and 1983 are very similar with the except that under 1983, the plaintiff must show that the wrong doer (tort feasor) was acting under the "color of law."

The inadequacy of police training may serve as the basis for 42 U.S.C.S. § 1983 liability only where the failure to train amounts to deliberate indifference to the rights of persons with whom the police come into contact.

The general rules of liability do NOT include which of the following statements?

Us Constitution

Concept of Due Process

Fourth Amendment

Fourth Amendment Issues

Exclusionary Rule

Fifth Amendment Issues

Sixth Amendment Issues

Eighth Amendment Issues

First Amendment Issues

Writ of Habeas Corpus

Epilogue

Filters