Deck 10: Civil Liability

Question 1

Which of the following is NOT an intentional tort?

A) assault
B) false arrest
C) failure to protect
D) wrongful death

Answer 1

C

Question 2

In which type of tort must the plaintiff prove that the police officer intended to engage in conduct that led to the injury or damage?

A) strict liability tort
B) comparative tort
C) intentional tort
D) negligence

Answer 2

C

Question 3

Which of the following is a common form of intentional tort action filed against police officers?

A) wrongful death
B) false arrest
C) false imprisonment
D) all of the above

Answer 3

D

Question 4

Which of the following best describes behavior that inflicts injury or causes a person to fear the infliction of immediate injury?

A) deadly force
B) assault
C) battery
D) intentional force

Question 5

Which of the following best describes offensive or harmful contact between two persons?

A) deadly force
B) assault
C) battery
D) intentional force

Question 6

Which of the following best describes injury or damage that is determined by asking the question "but for the officer's conduct, would the plaintiff have sustained the injury or damage?"

A) proximate cause
B) negligence
C) intentional tort
D) damage or injury

Question 7

Which of the following best describes the Supreme Court's ruling in Tennessee v. Garner?

A) Certain state "fleeing felon" laws were unconstitutional.
B) Police could use deadly force to a stop fleeing murderer, but no other felons.
C) All "fleeing-felon" laws were unconstitutional.
D) Police could use deadly force in any situation the officer deems necessary.

Question 8

The cost of an average jury award of liability against a municipality is reported to be about $_____ million.

A) 2
B) 6
C) 8
D) 12

Question 9

A 1995 study published by the Department of Justice found that ___________ out of four tort cases were settled out of court.

A) one
B) two
C) three
D) four

Question 10

The person, agency, or government that is sued and has allegedly inflicted the damage or injury is referred to as the ___________.

A) attorney
B) plaintiff
C) defendant
D) jury

Question 11

___________ are legal actions between private parties that do not arise from written contracts.

A) Crimes
B) Sanctions
C) Torts
D) Laws

Question 12

__________ are harms punished by the state and spelled out in written legal codes.

A) Crimes
B) Sanctions
C) Torts
D) Laws

Question 13

__________ is normally associated with behaviors that are so dangerous or hazardous that a reasonable person who engages in such behavior can be substantially certain the conduct will result in injury or damage.

A) Strict liability tort
B) Comparative tort
C) Intentional tort
D) Negligence

Question 14

The Supreme Court curtailed the use of deadly force by police officers in ___________ in 1985 when it held that certain state fleeing-felon laws were unconstitutional.

A) Gibson v. City of Chicago
B) Honaker v. Smith
C) Tennessee v. Garner
D) Miranda v. Arizona

Question 15

Under the claim negligent __________, a plaintiff argues that a police officer failed to operate an emergency vehicle with due care for the safety of the public. As a result of the negligent operation and because the officer's actions were unreasonable, the plaintiff sustained injuries.

A) operation of emergency vehicles
B) failure to protect
C) failure to render assistance
D) entrustment and assignment

Question 16

Negligent ___________ may occur if a police officer fails to take adequate actions to protect a person from a known and foreseeable danger.

A) operation of emergency vehicles
B) failure to protect
C) failure to render assistance
D) entrustment and assignment

Question 17

If officers undertake a duty to provide assistance or medical attention and if they do not provide that assistance in a timely and reasonable manner, negligent ____________ can occur.

A) operation of emergency vehicles
B) failure to protect
C) failure to render assistance
D) entrustment and assignment

Question 18

Negligent ____________ may occur if police administrators do not ensure that officers are properly trained and capable of using equipment or carrying out a given responsibility before they entrust or assign them to that responsibility.

A) operation of emergency vehicles
B) failure to protect
C) failure to render assistance
D) entrustment and assignment

Question 19

With a claim of negligent ____________ a plaintiff argues that they were injured as a result of a police officer's failure to enforce the law.

A) failure to arrest
B) selection, hiring, and retention
C) police supervision and direction
D) failure to discipline and investigate

Question 20

With negligent ___________, if a police officer is hired in a negligent fashion and that negligence is directly related to a later incident of police misconduct or illegal behavior, administrators may be held civilly liable for unreasonable selecting and hiring practices.

A) failure to arrest
B) selection, hiring, and retention
C) police supervision and direction
D) failure to discipline and investigate

Question 21

Negligent ___________ involves breaching a duty to provide effective systems for the evaluation, control, and monitoring of police employees' performance.

A) failure to arrest
B) selection, hiring, and retention
C) police supervision and direction
D) failure to discipline and investigate

Question 22

Negligent __________ relates to a police department's failure to provide an effect system of police accountability.

A) failure to arrest
B) selection, hiring, and retention
C) police supervision and direction
D) failure to discipline and investigate

Question 23

A defense of __________ negligence holds that if an officer can show that the plaintiff was also negligent in causing the damage or injury, the officer will not be held liable for the damage or injury.

A) civil
B) contributory
C) constitutional
D) comparative

Question 24

A defense of ___________ negligence allows the court to assess fault to both parties and determine the extent to which each party contributed to the accident.

A) civil
B) contributory
C) constitutional
D) comparative

Question 25

Settling lawsuits out of court can lead to frivolous civil suits and create morale problems in police organizations.

Question 26

The plaintiff in a civil suit is the same as the defendant in a criminal trial.

Question 27

A police department can be a defendant in a civil suit.

Question 28

It is discouraged when filing a liability suit for plaintiffs to name as many persons as possible in a civil action.

Question 29

Some torts also can be crimes.

Question 30

The unique vulnerability of the police and a trend toward allowing governmental liability has led to a decline in lawsuits.

Question 31

Torts are redressed by money awards and are not subject to criminal punishments.

Question 32

To affect a warrantless arrest, police officers must have probable cause to believe the suspect has committed or is in the process of committing a crime.

Question 33

The general principle behind the assumption of risk doctrine is that one who voluntarily engages in a known and foreseeable dangerous behavior cannot expect to recover damages sustained in conjunction with engaging in the dangerous behavior.

Question 34

False imprisonment is the unlawful seizure and detention of a person or any unlawful restraint of a person's liberty without their consent.