Module 4

Question 1

1. The doctrine of “respondeat superior” holds that employers are responsible for the acts and omissions of their employees and agents, when done within the scope of their employees’ duties.

Answer 1

• True (Correct Answer / Your Answer)

Question 2

Officers are subject to state criminal law unless their conduct is _______.

Answer 2

• legally justified (Correct Answer)

Question 3

In order for an officer’s department to be liable, the procedures must be outlined in a formal policy.

Answer 3

• False (Correct Answer / Your Answer)

Question 4

A governmental unit is relieved of liability in which of the following situations?

Answer 4

• lawful entry on to property (Correct Answer)

Question 5

Negligent behavior is criminal under federal statutes.

Answer 5

• False (Correct Answer)

Question 6

The key point in using physical force is the “reasonableness” of the force given the specific facts and circumstances of the incident.

Answer 6

True

Question 7

As a general rule, high speed pursuit liability is similar forms of liability.

Answer 7

True

Question 8

An officer may ultimately face criminal and civil proceedings if a court determines the officer used an unreasonable amount of force.

Answer 8

True

Question 9

_____________ is defined as the failure to use such care as a reasonably prudent and careful person would use under similar circumstances.

Answer 9

• negligence (Correct Answer / Your Answer)

Question 10

An investigative detention cannot continue indefinitely; at some point, the length of time will become unreasonable.

Answer 10

• True (Correct Answer / Your Answer)

Question 11

A tort is a criminal wrong for which the law provides a remedy for police misconduct, usually incarceration.

Answer 11

False

Question 12

An officer’s department may be liable for acts based on _______.

Answer 12

• formal policy
• custom
• informal policy
• all of the above (Correct Answer / Your Answer)

Question 13

An officer may ultimately face criminal, but not civil, proceedings if a court determines the officer used a reasonable amount of force.

Answer 13

• False (Correct Answer / Your Answer)

Question 14

As a general rule, a law enforcement officer or his/her agency will not be held liable for mere negligence.

Answer 14

True

Question 15

_______________ will unlikely be used by the suspect to argue he/she was placed under arrest.

Answer 15

The physical size of the officer (Correct Answer)

Question 16

Which of the following factors may turn a proper investigatory detention into an unreasonable arrest?

Answer 16

• the length of time of the detention (Correct Answer / Your Answer)

Question 17

As a general rule, high speed pursuit liability is unlike other forms of liability.

Answer 17

• False (Correct Answer / Your Answer)

Question 18

The “Good Samaritan Act” states officers are not liable for the administration of emergency medical care unless the officer’s actions is/are_________.

Answer 18

willful and/or wanton (Correct Answer / Your Answer)

Question 19

A governmental unit is relieved of liability in good faith discretionary decisions.

Answer 19

True

Question 20

A federal civil rights violation (42 U.S.C. 1983) suit may be filed when a citizen has been deprived of a constitutional or federally protected right by a person acting under the color of law who acts with deliberate indifference.

Answer 20

True

Question 21

Before an officer may be held liable in a vehicle pursuit, his/her actions must constitute ____________ misconduct.

Answer 21

willful and wanton (Correct Answer / Your Answer)

Question 22

Common situations where tort liability may arise for an officer may include _________.

Answer 22

• false arrest/imprisonment
• excessive use of force in effecting an arrest
• illegal search and seizure
• all of the above (Correct Answer / Your Answer)

Question 23

An officer’s department may be liable for acts based on _____.

Answer 23

• custom (Correct Answer)

Question 24

_________ is defined as “when an official knows of and disregards an excessive risk to inmate health or safety; and the official must both be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also draw the inference.”

Answer 24

• Deliberate indifference (Correct Answer)

Question 25

To reduce liability, an officer should become familiar with and follow agency policy/procedure, even if later the policy/procedure is found to be unconstitutional, as it moves the responsibility to the employer from the officer.

Answer 25

• True (Correct Answer / Your Answer)

Question 26

Every situation where an officer uses force is ___________, therefore the officer’s use of force must ___________with the situation.

Answer 26

• different, change (Correct Answer / Your Answer)

Question 27

Officers are generally permitted to use a reasonable amount of force in effecting the arrest of an individual.

Answer 27

True (Correct Answer / Your Answer)

Question 28

An investigative detention can continue indefinitely; at some point, the length of time will become reasonable.

Answer 28

• False (Correct Answer / Your Answer)

Question 29

As a general rule, a law enforcement officer or his/her agency will be held liable for mere negligence.

Answer 29

False (Correct Answer)