Deck 11: Civil and Criminal Remedies for Constitutional Violations

Question 1

A violation of which of the following will not allow a victim to file a § 1983 action against an officer?

A)the U.S.Constitution
B)a state constitution
C)a federal law
D)A victim may file a § 1983 action for a violation of any of these.

Answer 1

B

Question 2

Litigation involves all of the following except ______.

A)financial expenditures
B)promotes further use of aggressive enforcement of the law
C)deters individuals from public service
D)diverts officials from their jobs

Answer 2

B

Question 3

All of the following were identified as elements to a § 1983 legal action that a plaintiff must establish by a preponderance of the evidence except ______.

A)civil liberties
B)immunity
C)color of law
D)constitutional rights

Answer 3

A

Question 4

Which of the following court cases focused on excessive force used against a victim by a police officer?

A)Mercado v.City of Orlando
B)Way v.County of Ventura
C)Washington v.Wilmore
D)Pitt v.District of Columbia

Question 5

The rule that allows that an individual may be prosecuted for an offense in both a state and a federal court is known as the ______ rule.

A)balance of power
B)dual sovereignty
C)equal jurisdiction
D)single jeopardy

Question 6

All of the following individuals are granted absolute immunity against § 1983 lawsuits except ______.

A)jurors
B)probation officers
C)prosecutors
D)witnesses

Question 7

In order to bring a § 1983 legal action against an officer, the individual must prove the second step, which is ______.

A)an individual must have wrongfully been brought to trial
B)unlawfully seized evidence must have been admitted at trial
C)establishing that multiple complaints have been lodged against the individual in question
D)establishing that a right guaranteed by the constitution on federal law has been violated

Question 8

According to the author, ______ complain that the exceptions to the exclusionary rule have considerably limited the circumstances in which the exclusionary rule is applied.

A)defense attorneys
B)jurors
C)eyewitnesses
D)prosecutors

Question 9

Prisoners have relied on § 1983 in claims that they have been subjected to conditions constituting cruel and unusual punishment in violation of the ______.

A)Fourth Amendment
B)Fifth Amendment
C)Sixth Amendment
D)Eighth Amendment

Question 10

In which case did the U.S.Supreme Court establish the precedent allowing civilians to bring suit against federal law enforcement officers and other government employees under 42 U.S.C.§ 1983?

A)Bivens v.Six Unnamed FBI Agents
B)Griffin v.Maryland
C)Monroe v.Pape
D)West v.Atkins

Question 11

Which of the following is least likely to be an example of a police officer acting under "color of law?"

A)An off-duty officer in street clothes flashes his badge while stopping an individual while working as a bouncer at a nightclub.
B)An off-duty officer in street clothes shoots an individual in a bar fight with a nonpolice-issue weapon.
C)An off-duty officer, while wearing his uniform, stops an individual while working as a private security guard.
D)An off-duty officer in street clothes apprehends an individual after identifying himself as an officer and telling the individual to stop.

Question 12

In order to hold an officer's supervisor accountable for alleged police misconduct, the U.S.Supreme Court has ruled there must be ______.

A)a "clear and unambiguous" connection between the officer's actions and the supervisor
B)"probable cause to believe" the officer acted on the orders of the supervisor
C)proof of an "affirmative link" between the officer's actions and the supervisor
D)proof shown by a "preponderance of the evidence" of "supervisory misconduct"

Question 13

All of the following statements regarding the color of state law are true except ______.

A)an individual acts under the color of state law when he or she acts under the authority of state, local, and tribal laws
B)a defendant is considered to act under the color of state law even when he or she goes beyond the limits of lawful authority
C)in most cases, there is little question that officers who are sued under the section are acting under the color of state law
D)the color of law requires that the defendant exercises power that he or she possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law

Question 14

If a police officer violates department regulations, then they may be subjected to ______.

A)administrative remedies
B)criminal remedies
C)civil remedies
D)restitution remedies

Question 15

The individual against whom a tort action is filed is known as a ______.

A)defendant
B)injunctee
C)tortfeasor
D)victim

Question 16

Legal actions that may be filed against individual officers, their supervisors, and local governments for money are referred to as ______.

A)administrative remedies
B)criminal remedies
C)civil remedies
D)restitution remedies

Question 17

Which of the following court cases focused on a violation of a suspects Fourth Amendment rights?

A)Mercado v.City of Orlando
B)Way v.County of Ventura
C)Washington v.Wilmore
D)Pitt v.District of Columbia

Question 18

All of the following categories of remedies available to deter police violation of constitutional rights except ______.

A)civil remedies
B)criminal remedies
C)restitution remedies
D)administrative remedies

Question 19

State law enforcement officers who violate federal constitutional rights may be sued in ______.

A)federal and state courts
B)local and tribal courts
C)military and state courts
D)state and tribal courts

Question 20

If a defendant pleads guilty to an offense and wishes to later appeal the case on grounds of police misconduct, what results?

A)After pleading guilty, a defendant cannot appeal on grounds of police misconduct.
B)After pleading guilty, a defendant can appeal on grounds of police misconduct.
C)After pleading guilty, a defendant cannot appeal on grounds of police misconduct without prosecutorial permission to do so.
D)After pleading guilty, a defendant cannot appeal on grounds of police misconduct absent permission of law enforcement.

Question 21

A/an ______ is a court order that directs an individual or a government to stop an unlawful activity.

A)warrant
B)injunction
C)pretrial motion
D)presentence investigation

Question 22

Which amendment provides immunity for state governments and agencies from § 1983 suits?

A)First Amendment
B)Seventh Amendment
C)Ninth Amendment
D)Eleventh Amendment

Question 23

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

A)town
B)country
C)state
D)local government

Question 24

Of the following, who has the greatest level of immunity against § 1983 lawsuits?

A)judges
B)parole officers
C)police officers
D)probation officers

Question 25

In order to hold a law enforcement officer liable in a tort action, the plaintiff must show that the officer committed the tort ______.

A)in a "willful or malicious fashion"
B)with negligence
C)outside the bounds of his or her authority
D)with "reckless disregard"

Question 26

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

A)modified probable cause
B)probable suspicion
C)by a preponderance of the evidence
D)reasonable suspicion

Question 27

By which principle are agencies held liable for certain acts of their employees?

A)caveat emptor
B)erga omnes
C)parens patriae
D)respondeat superior

Question 28

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

A)judges would constantly be subject to suits
B)judges may avoid making difficult decisions
C)judicial errors can be corrected via criminal appeals
D)judges are still subject to suits under other statutes

Question 29

Police have an affirmative duty to protect which individuals?

A)all people
B)all citizens within their jurisdiction
C)citizens which are reasonably seen as indigent
D)citizens with whom they have a special relationship

Question 30

Which of the following are provided with qualified immunity?

A)judges
B)prosecutors
C)probation officers
D)jurors

Question 31

The mechanism by which widespread patterns of police misconduct are addressed is known as a/an ______.

A)arrangement for improved conduct
B)federal oversight commission
C)injunctive relief
D)pattern-or-practice decree

Question 32

Judicial immunity against § 1983 suits has its origins in ______.

A)ancient Roman law
B)medieval judicial practices
C)the Bill of Rights
D)the Magna Carta

Question 33

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

A)judges
B)prosecutors
C)presidential aides
D)jurors

Question 34

______ does not extend to cities, towns, counties, and local governments.

A)Sovereign immunity
B)Official immunity
C)Absolute immunity
D)Qualified immunity

Question 35

______ 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.

A)Official immunity
B)Unofficial immunity
C)Absolute immunity
D)Qualified immunity

Question 36

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 ______.

A)every crime victim could sue the police
B)police cannot be held responsible for the acts of private individuals
C)police have limited resources with which to act
D)police are not required to intervene unless it's a medical emergency

Question 37

______ allows the police to enforce the law without fear that they will be held legally liable.

A)Qualified immunity
B)Absolute immunity
C)Official immunity
D)Unofficial immunity

Question 38

The immunity of judges covers decisions made during the ______.

A)arrest
B)issuance of the warrant
C)trial process
D)reentry process

Question 39

According to the U.S.Supreme Court, police have an affirmative duty to intervene to protect all of the following from acts of private individuals except ______.

A)life
B)liberty
C)property
D)happiness

Question 40

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

A)sovereign immunity
B)official immunity
C)absolute immunity
D)qualified immunity

Question 41

An individual acts under the color of state law when he or she acts under the authority of state law.

Question 42

By which of the following powers does a civilian review board hire professional investigators to investigate police misconduct?

A)civilian review
B)civilian investigation
C)civilian oversight
D)civilian mediation

Question 43

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.

Question 44

Police officers, prison officials, correctional officers, probation officers, and other criminal justice practitioners are provided with qualified immunity.

Question 45

Judges, prosecutors, witnesses, and jurors enjoy qualified immunity from suit.

Question 46

Individuals who have been harmed by another person may file a civil suit for money damages.

Question 47

Police officers are typically prosecuted for ______.

A)infractions
B)misdemeanors
C)status offenses
D)felonies

Question 48

Federal law enforcement officers who violate constitutional rights may not be sued in federal courts.

Question 49

Most Bivens legal action are brought against ______ officers.

A)local
B)state
C)federal
D)tribal

Question 50

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.

Question 51

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

A)prison
B)counseling
C)fine
D)demotion

Question 52

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

A)excessive force
B)color of law
C)constitutional right
D)reasonableness

Question 53

The Federal Tort Claims Act is a partial waiver of which of the following types of immunity?

A)sovereign
B)qualified
C)absolute
D)official

Question 54

The immunity of judges covers decisions made during the trial process.

Question 55

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

A)prosecutions are rarely brought by state prosecutors
B)prosecutors depend on the cooperation of the local police and are reluctant to bring charges
C)jurors are not hesitant to convict police officers
D)prosecutors confront the additional problem of finding credible witnesses

Question 56

Which case established that federal law enforcement officers are responsible for constitutional torts that violate individuals' Fourth Amendment rights?

A)Bivens v.Six Unnamed FBI Agents
B)Los Angeles v.Lyons
C)Monell v.Department of Social Services
D)Saucier v.Katz

Question 57

Police officers may be subjected to internal administrative procedures for violating departmental regulations.

Question 58

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

Question 59

A judge will lose immunity to § 1983 suit if it can be proven by a preponderance of the evidence that his or her decisions made were as a result of bias or bribery.

Question 60

Federal criminal prosecutions that are brought against a state or federal police officer are typically based on ______.

A)18 U.S.C.§ 242
B)42 U.S.C.§ 1983
C)Bivens v.Six Unnamed Agents
D)Monroe v.Pape

Question 61

Police have always advocated for civilian reviews.

Question 62

The constitutional principles is based on legal claims, causality, and discretion.

Question 63

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

Question 64

What is an injunction?

Question 65

Explain the purpose of civilian review boards.

Question 66

Explain what an injunction is.

Question 67

What is the difference between absolute immunity and qualified immunity?

Question 68

Identify and discuss the several considerations of which the immunity of judges is based.

Question 69

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

Question 70

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

Question 71

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.

Question 72

Identify and discuss the categories of remedies discussed in the text.

Question 73

What is official immunity?

Question 74

Police officers possess official immunity from tort actions.

Question 75

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

Question 76

Explain internal affairs.

Question 77

What is the importance of the exclusionary rule? Do you think it is necessary given the other remedies discussed in the chapter available to protect individuals' constitutional rights?

Question 78

In Graham v.Connor, the U.S.Supreme Court held that in order to maintain fairness, officer's action must be judged from the perspective of "hindsight."

Question 79

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

Question 80

Identify the reasons why tort actions are difficult to win.