Deck 2: Foundations for Liability

Question 1

Torts allow a person to recover damages for what type of harm?

A) Breach of contract
B) Copyright infringement
C) Injury to persons or property
D) Bankruptcy

Answer 1

C

Question 2

The burden of proof required of a plaintiff in most civil cases is:

A) Reasonable suspicion
B) A preponderance of the evidence
C) Clear and convincing evidence
D) Beyond a reasonable doubt

Answer 2

B

Question 3

A successful plaintiff in a civil suit may be awarded:

A) Compensatory damages
B) Punitive damages
C) Court costs and attorney fees
D) All of the above

Answer 3

D

Question 4

Intentional tort liability can arise from what type of conduct?

A) A negligent breach of a common law or statutory duty.
B) Acting with the purpose to cause harm to another.
C) Failure to recognize and prevent a risk of harm to another.
D) None of the above.

Question 5

Both civil and criminal liability under federal civil rights laws may arise only for a defendant who acts:

A) With specific intent.
B) Under color of law.
C) While on state or federal property.
D) So as to cause irreparable harm.

Question 6

The Violent Crime Control and Law Enforcement Act of 1994 grants the Department of Justice which of the following powers:

A) Investigate patterns or practices of misconduct in local police departments.
B) Punish states for failure to protect prisoners from sexual or other assault.
C) Ensure the protection of suspects from prosecutorial abuse.
D) Punish officials who use their position to violate the constitutional rights of detainees.

Question 7

Correctional officers are more likely than law enforcement officers to be sentenced for what types of conduct?

A) Excessive force.
B) Sexual assault of a prisoner.
C) Filing a false report or giving a false statement as to an incident.
D) All of the above.

Question 8

Federal criminal charges against criminal justice personnel are most common for what offense?

A) Obstruction of justice
B) Sexual assault
C) Excessive force
D) Wrongful death

Question 9

The Rodney King incident was instrumental in the enactment of which federal law?

A) Civil Rights Act, Title 42, U.S. Code §1983
B) Civil Rights of institutionalized Persons Act, Title 42, U.S. Code §1997 et seq.
C) Violent Crime Control and Law Enforcement Act of 1994, Title 42, U.S. Code §14141-14142
D) All of the above.

Question 10

Negligent torts may be described as simple and gross negligence.

Question 11

The Americans with Disabilities Act (ADA) does not apply to correctional facilities.

Question 12

Because of the broad remedies under the ADA, persons who seek relief under the Americans with Disabilities Act are precluded from pursuing any other statutory relief.

Question 13

Tort actions are may include suits for damages arising from violations of written agreements.