Deck 11: Civil Liability and Accountability

Question 1

A police officer leaves a suspect handcuffed in a car that is not completely pulled over from the highway. The car is hit, and the suspect suffers injuries. Which of the following would he sue under?

A) intentional tort
B) unintentional tort
C) negligence tort
D) contributory negligence tort

Answer 1

C

Question 2

This is a document filed by someone who believes that he or she has been wronged by one or more police officers in a department.

A) civilian monitor
B) civilian review
C) citizen complaint
D) citizen input

Answer 2

C

Question 3

Which of the following consists of actions that are highly likely to cause injury or damage?

A) state torts liability
B) intentional torts
C) negligence torts
D) liability torts

Answer 3

B

Question 4

Which of the following would you seek if you wanted your neighbor to stop dumping hazardous materials in the stream behind your houses?

A) damages
B) injunctive relief
C) culpability
D) justification

Question 5

You serve on a board that is in the process of reviewing a complaint against an area police officer. You will be helping to investigate the complaint and make a recommendation, but you will leave it to internal affairs to determine action. What is this an example of?

A) civilian monitor
B) civilian review
C) citizen complaint
D) citizen input

Question 6

Which of the following is a product of civilian involvement in the complaint process?

A) less objective investigations
B) lower levels of satisfaction on the part of the general public
C) less thorough investigations
D) less subjective investigations

Question 7

Which of the following would be the standard used to determine whether qualified immunity should bar a successful lawsuit?

A) qualified immunity
B) objective reasonableness
C) absolute immunity
D) culpability

Question 8

Which of the following represents an important step in promoting accountability while stressing community outreach and review of complaint policies by a civilian group?

A) civilian monitor
B) civilian review
C) citizen oversight
D) civilian input

Question 9

Which of the following refers to protection from lawsuits enjoyed by federal officials when acting in their official capacities?

A) color of law
B) culpability
C) theory of liability
D) absolute immunity

Question 10

When a plaintiff voluntarily decides to jump from a bridge that led to his or her injury, which of the following defenses should be used to prevent officer liability?

A) public-duty doctrine
B) contributory negligence
C) assumption of risk
D) sudden peril

Question 11

A patrolling police officer passes by a bank on rounds, and he sees nothing wrong. The bank is then robbed 10 minutes later. Which of the following would be the defense used for the police officer?

A) public-duty doctrine
B) contributory negligence
C) assumption of risk
D) sudden peril

Question 12

You have been in an accident and were injured, but the person responsible does not want to pay your medical bills. What would you look for in court?

A) damages
B) injunctive relief
C) culpability
D) justification

Question 13

A police officer came to the door of a suspectʹs house and showed his badge, provided his name, and stated his purpose. What is this an example of?

A) acting under theory of liability
B) acting under color of law
C) acting within culpability
D) acting within absolute immunity

Question 14

Which of the following would be characterized as an action that is highly likely to cause injury or damage?

A) intentional tort
B) negligence tort
C) assumption of risk
D) sudden peril

Question 15

This is the most common federal statute used to hold police officers criminally liable.

A) 42 U.S.C. Section 1983
B) 18 U.S.C. Section 242
C) 18 U.S.C. Section 2234
D) 18 U.S.C. Section 2235

Question 16

In this model, civilians are used to monitor complaint -review procedures for a disciplinary action, but they do not make any decisions on the outcome.

A) civilian monitor
B) civilian review
C) citizen complaint
D) citizen input

Question 17

If a police officer does something in the course of an investigation that seems wrong, but doesnʹt really violate a specific right, which of the following would be his defense?

A) qualified immunity
B) objective reasonableness
C) absolute immunity
D) culpability

Question 18

Which of the following would be used to explain why a plaintiff would feel a municipality is responsible for damages done to her car due to a pothole?

A) theory of liability
B) culpability
C) absolute immunity
D) color of law

Question 19

If a suspect is injured in a car accident while being transported by a police officer who was speeding, which defense would be used to blame the suspect for distracting the officer by kicking at his seat?

A) intentional tort
B) public-duty doctrine
C) comparative negligence
D) contributory negligence

Question 20

You teach at a school that has met all requirements by certain regulating educational bodies. It provides your school with credibility. What is this called?

A) standards
B) accountability
C) accreditation
D) compliance

Question 21

In Section 1983 of Title 42 of United States Code, it is required that a federal or constitutional -rights violation must have taken place.

Question 22

You are assigned to an internal affairs investigation in which you must investigate a fellow detective you have worked with more than once. What is this an example of?

A) role conflict
B) exclusionary rule
C) due process
D) civilian input

Question 23

Which of the following is designed to ensure that officers receive reasonable protection from frivolous complaints that could ruin their reputation and work record?

A) code of ethics
B) police officersʹ bill of rights
C) injunctive relief
D) absolute immunity

Question 24

The model that is similar to the ombudsman approach is the civilian model.

Question 25

You are a police officer who executed an illegal search but did find drugs and other illegal paraphernalia in the process. The judge ruled that the evidence you found could not be used. Which concept explains this?

A) exclusionary rule
B) fruit of the poisonous tree
C) public-duty defense
D) objective reasonableness

Question 26

Which example correctly applies the exclusionary rule?

A) An officer executing a warrant on the suspectʹs home sees the suspect in a neighboring home and goes in after him, finding evidence of criminal activity in that home in the process.
B) An officer executing a warrant on a suspectʹs home sees additional evidence of another crime in the home.
C) An officer executing a warrant to search a vehicle goes into the house and finds what he was originally looking for in the vehicle.
D) An officer executing a warrant on a suspectʹs home sees incriminating evidence in a neighborʹs garbage, which is waiting on his curb for pickup.

Question 27

The citizen-review model is considered a weaker model of citizen oversight.

Question 28

This commission was designed to evaluate and accredit police agencies that meet its accreditation standards.

A) CALEA
B) WASPC
C) IACP
D) OCC

Question 29

Which of the following created a code of ethics for police officers?

A) CALEA
B) WASPC
C) IACP
D) OCC

Question 30

There is one type of state tort claim, and it is intentional tort.

Question 31

You are involved in a complaint against a police officer. You must investigate the complaint from within and determine disciplinary action if necessary. In what department do you work?

A) citizen oversight
B) internal affairs
C) civilian monitor
D) civilian input

Question 32

Which of the following is a police agencyʹs formal statement of the rights of officers who are accused of misconduct?

A) internal affairs
B) code of ethics
C) bill of rights
D) code of law

Question 33

Plaintiffs need to demonstrate the presence of only three elements to succeed with a negligence claim.

Question 34

In damage suits, money that is paid is called damages.

Question 35

An officer must do the majority of the damage in order for the plaintiff to be awarded damage repairs.

Question 36

Cities and countries have been held liable for poorly trained officers.

Question 37

Which of the following is a statement of principles concerning the behavior of those who subscribe to the code?

A) internal affairs
B) code of ethics
C) bill of rights
D) code of law

Question 38

Which of the following is used to prosecute either state or federal law enforcement officers in a civil liability matter?

A) 42 U.S.C. Section 1983
B) 18 U.S.C. Section 242
C) 18 U.S.C. Section 2234
D) 18 U.S.C. Section 2235

Question 39

For tort violations, litigation is not an option.

Question 40

Sudden peril is put into play only in cases of injury or death clearly proven to be in the heat of the moment.

Question 41

Officers who are being sued for tort violations benefit from the -duty doctrine.

Question 42

Highly regarded complaint units, called affairs, have been developed by agencies.

Question 43

In San Jose, California, the police auditor receives and investigates complaints.

Question 44

Violent and sex crimes, drug crimes, and other crimes are the three categories of offenses identified for criminal liability for police officers.

Question 45

negligence can arise from not only the actions of a criminal, but third parties as well.

Question 46

relief can be requested by plaintiffs, in addition to damages.

Question 47

Agencies never publicize their citizen-complaint procedure.

Question 48

of the poisonous tree doctrine expanded the scope of the exclusionary rule to use evidence obtained unconstitutionally.

Question 49

IACP was established by the CALEA.

Question 50

Some agencies their citizen-complaint process.

Question 51

Evidence obtained in violation of the U.S. cannot be used in criminal trial to prove guilt.

Question 52

Police agencies discovering methods to handle complaints by citizens; this means that not all reports of police misbehavior are documented.

Question 53

Promoting accountability is an important step in citizen oversight.

Question 54

Some state law enforcement associations donʹt agree with accreditation standards.

Question 55

can indicate how officers are behaving on the streets.

Question 56

Officers act under law of when they identify themselves.

Question 57

The course of internal investigations never reaches the courts.

Question 58

Only the chief executive officer and selected police officers are permitted to view information about police complaints.

Question 59

In the citizen-oversight model, a citizen involved in the complaint process will create a more thorough and objective investigation.

Question 60

The meaning behind the exclusionary rule is to promote accountability and deter misconduct.

Question 61

Match the following terms with their meanings.
Column 1: negligence tort
Column 2: must demonstrate legal duty existed between officer and plaintiff

Question 62

Match the following terms with their meanings.
Column 1: color of law
Column 2: police officers, mayor, and other government officials perform their duties under certain law

Question 63

Match the following terms with their meanings.
Column 1: damages
Column 2: compensation awarded to plaintiff in a successful civil lawsuit

Question 64

Match the following terms with their meanings.
Column 1: intentional tort
Column 2: action highly likely to cause injury

Question 65

The police officersʹ bill of requires that the officer who will be subject to an investigation receive advance notice of the investigation.

Question 66

The code of ethics consists of several standard elements: legality, service, honesty and integrity, loyalty, and the
Rule.

Question 67

Match the following terms with their meanings.
Column 1: constitutional-rights violation
Column 2: violates a specific constitutional provision

Question 68

Match the following terms with their meanings.
Column 1: qualified immunity
Column 2: outgrowth of various U.S.
Supreme Court decisions

Question 69

The code of was created after many years of development and consideration by the IACP.

Question 70

Match the following terms with their meanings.
Column 1: objective reasonableness
Column 2: used to determine if standard immunity applies

Question 71

Match the following terms with their meanings.
Column 1: public-duty doctrine
Column 2: protection owed to general public, not individuals

Question 72

Match the following terms with their meanings.
Column 1: theory of liability
Column 2: reasons why an individual should be accountable for his or her actions

Question 73

Match the following terms with their meanings.
Column 1: civilian monitor
Column 2: Complaints are received by police agencies, and citizens view the process.

Question 74

It is important to select staff investigators carefully in order to produce unbiased internal affair investigations and avoid conflict.

Question 75

Match the following terms with their meanings.
Column 1: absolute immunity
Column 2: given to officers in lawsuits when they were acting within their capabilities

Question 76

Match the following terms with their meanings.
Column 1: civilian input
Column 2: Citizens receive and investigate complaints.

Question 77

Match the following terms with their meanings.
Column 1: culpability
Column 2: must prove that officer intended for violation to occur

Question 78

Fairness requires that officers under investigation receive protection from inappropriate investigative practices.

Question 79

Match the following terms with their meanings.
Column 1: injunctive relief
Column 2: court order to bring injurious or offensive action to a halt

Question 80

Match the following terms with their meanings.
Column 1: accreditation
Column 2: This is a certification for having all applicable requirements.