PS 585 (651) Ike Avery- Constitutional and Legal Principles Introduction

Question 1

What are the three branches of government?

Answer 1

• Executive Branch
• Legislative Branch
• Judicial Branch

Question 2

What does the Executive Branch do?

Answer 2

-Enforces the law
-Conducts Foreign Policy
-LEO’s under this branch: except Security – Capitol
Police & Supreme Court Police

Question 3

What does the Legislative Branch do?

Answer 3

• Makes laws
• Passes budget
• Raises/ lowers taxes

Question 4

What does the Judicial Branch do?

Answer 4

Interprets the laws (9 justices)

Question 5

Checks and Balances

Answer 5

• Each of the three branches has been assigned authority that limits the power of the other branches.
• These limitations prevent any one branch from becoming too powerful.
• Examples are:
  a. Laws by congress can be vetoed by president
  b. Laws can be declared unconstitutional by the Supreme Court
  c. Congress can override a veto & can propose amendments to the Constitution
  d. President limits authority to the Supreme Court by whom he/she nominates
  e. Congress must consent or reject each nominee to the Supreme Court

Question 6

Supremacy Clause

Answer 6

U.S. Constitution –>Federal Law–>State Constitution–>State Law–>Policy

Question 7

Fourth Amendment

Answer 7

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Question 8

First Amendment

Answer 8

Congress Shall Make No Law Respecting:

• Establishment of religion
• Prohibiting the free exercise of religion
• Abridging the freedom of speech
• Abridging the freedom of the press
• Abridging the right of people to peaceably assemble
• Abridging the right to people to petition the government for redress of grievances

Question 9

Additional Obligation

Answer 9

Government agencies must assist citizens in exercising their constitutional rights.

Question 10

Amendment IV

Answer 10

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, and particularly describing the place to be searched, and the persons or things to be seized.

Question 11

Amendment V

Answer 11

No person…shall be compelled in a criminal case to be a witness against himself.

Question 12

Amendment XIV: 1868

Answer 12

“…No state shall make …any law which shall abridge the privilege or immunities of citizens …nor … deprive any person of life, liberty, or property without due process of law; nor deny to any person ….the equal protection of the laws…”

Question 13

What are the two types of Due Process?

Answer 13

Procedural and Substantive

Question 14

Procedural (Due Process)

Answer 14

1. Rule of Law or Law of the land
2. Must have a process or fair system when gov’t takes life, liberty or property

Notice – Tell me what I did & what you are going to do or have done & how do I appeal

Opportunity to be heard – grievance hearing or trial

Question 15

Substantive (Due Process)

Answer 15

1. Protects basic liberty

2. Gov’t may not act arbitrarily

Question 16

NOTICE
HEARING OR TRIAL
CIVIL vs CRIMINAL

Answer 16

Civil Criminal
Notice: Notice:
Written Citation or Warrant
Order/Memo Hearing: Trail
Hearing: Grievance/
Hearing

Question 17

Trial Courts

Answer 17

proceeding where parties produce evidence of the finder of fact - Motions are decided, facts are determined and law applied to the facts and judgments entered

Question 18

Appellate Courts

Answer 18

Courts that review decisions of lower courts - No evidence introduced – review transcript of evidence – Do not decide facts- determine legal issues only – uphold or change lower court result

Question 19

Findings of Fact (talking about courts)

Answer 19

If trial court Judge must make a ruling and the evidence is in dispute-who is telling the truth

Trial court judge list the evidence that he/she believes to be true.

Appeals court is bound by the findings of fact- if there is any admissible evidence to support the finding.

Question 20

Summary Judgment

Answer 20

Judgment is the final order of the court that resolves the case and states the rights and liabilities of the parties

Summary judgment is granted when as a matter of law when the court determines that, after looking at all the evidence in the case, there is no dispute as to the facts – so a jury is not needed

Question 21

Appellate court cases

Answer 21

Tells a story of a dispute or conflict between parties
Lists issues or questions which are in dispute
Analyzes the issues
Decides how this dispute is required to be resolved

APPLYING LAW TO A SET OF FACTS
IF FACTS CHANGE, THEN RESULT MAY CHANGE

Question 22

Precedent

Answer 22

a court decision in an earlier case with facts and legal issues similar to those in a case currently before a court

BINDING PRECEDENT – Court is required to rule the same as the previous case

PERSUASIVE PRECEDENT – Court is influenced by decisions of other courts that they are not required to follow

Question 23

Anatomy of an Appellate Case

usually – not always in this order

Answer 23

PARTIES – (Who is sued and who is being sued)
CITATION OF CASE – (where is case published)
HOW THE CASE AROSE – (location & lower court decision – or brief summary of case or issue)
STATEMENT OF FACTS – (What caused lawsuit & what did lower court do with case)
ISSUES PRESENTED- (What legal questions is the appellate court deciding)
LEGAL DISCUSSION – (How does court analyze the issue and how did it answer the issue)
RESULT – HOLDING - (Did the court agree with the lower court or change it)

Question 24

Parties to a case

Answer 24

PLAINTIFF vs. DEFENDANT
PETITIONER vs. RESPONDENT
APPELLANT vs. APPELLEE
MOVANT vs. RESPONDENT

Criminal cases:
United States vs. Defendant
State
Commonwealth

Question 25

TORTS

Answer 25

• A TORT IS A CIVIL WRONG
• IT MAY ALSO BE A CRIME
• ALLOWS PERSON TO RECOVER MONEY DAMAGES

Question 26

Civil Lawsuit (Order of the suit)

Answer 26

1. Complaint
2. Answer/motion to dismiss
3. Discovery
4. Motion for Summary Judgment
5. Mediation
6. Trial
7. Appeal - Mediation

Question 27

What are the three types of Damages (Civil cases)?

Answer 27

Nominal
Compensatory
Punitive

Question 28

Where the Lawsuit Can be Filed?

Answer 28

State Courts – general courts of jurisdiction

Federal court – limited jurisdiction

Question 29

What is an appeal?

Answer 29

A request, usually made after a trial, asking another court (usually the court of appeals) to decide whether the trial court proceeding was conducted properly

Did the trial court follow the rules (the law)

Question 30

How many Federal Circuit courts of appeals are there?

Answer 30

11

Question 31

What district of the Federal Circuit courts is NC?

Answer 31

4th

Question 32

What are the three types of Laws?

Answer 32

Constitutional Law
Statutory Law
Common-Law

Question 33

What does the Legislative Branch-Article I do?

Answer 33

Makes Laws
Passes Budgets
Raises and Lowers Taxes
Makes policy decisions

Question 34

The Constitution does?

Answer 34

Organizes Federal Gov.
Separates Powers Among Three Branches
Acts as a Limit on Power of all Government (Federal, State & Local)

Question 35

The Constitution does not require a correct Decision.

True or False

Answer 35

True

Question 36

Executive Branch-Article II

Answer 36

Enforces the Law
Conducts Foreign Policy
LEO’S are under this Branch– EXCEPT SECURITY – CAPITOL POLICE & SUPREME COURT POLICE

Question 37

Law Enforcement Officers are under the Executive Branch (Article II)?

True or False

Answer 37

True: LEO’S ar UNDER THIS BRANCH – EXCEPT SECURITY – CAPITOL POLICE & SUPREME COURT POLICE

Question 38

Supremacy Clause (Order of Laws)

Answer 38

U.S. Constitution
Federal Law (Statutes, Rules) 
State Constitution 
State Laws 
Policy

Question 39

For the law to be “clearly established,” what is required

Answer 39

• identify the specific constitutional right alleged to have been violated.
• they would have to determine whether at the time of the alleged violation the right was clearly established.

Question 40

Qualified Immunity

Answer 40

Officials are not liable for bad guesses in gray areas; they are liable for transgressing bright lines.”

Question 41

What is the term “1983” mean?

Answer 41

This term refers to federal statute Section 1983 of Title 42 of the United States Code. Section 1983 is the basis for most litigation filed against government agencies and employees. It is the statute that is used to apply the rights guaranteed by the United States Constitution to the everyday decisions and policies of state and local government agencies.

Question 42

Every tort may NOT be a crime;
However, every crime is a tort where there is injury/ loss.

True or False

Answer 42

True

Question 43

What is Nominal Damages (Civil cases)?

Answer 43

Nominal: Minimal money damages awarded to an individual in an action where the person has not suffered any substantial injury or loss for which he or she must be compensated.

Question 44

What is Compensatory Damages (Civil cases)?

Answer 44

Compensatory: A sum of money awarded in a civil action by a court to indemnify a person for the particular loss, detriment, or injury suffered as a result of the unlawful conduct of another.

Question 45

What is Punitive Damages (Civil cases)?

Answer 45

Punitive: Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the wrongdoer.

Question 46

What is an Injunction?

Answer 46

Injunction: A court order by which an individual is required to perform, or is restrained from performing, a particular act. A writ framed according to the circumstances of the individual case.

Question 47

In a Civil case how long do you have to answer a complaint?

Answer 47

Answer to complaint 20 – 30 days

• State Court: 30 days
• Federal Court: 20 Days

Question 48

Service of a complaint may be served by?

Answer 48

o Certified Mail
o Deputy Sheriff
o A Deputy U.S. Marshall

Question 49

What are the three types of Law?

Answer 49

Types of laws
-	Constitutional Law
o	Constitution
o	U.S. Supreme Court Decisions
-	Statutory Law
o	Legislation
-	Common Law
o	Fill in the blanks by judges

Question 50

Garrity v. New Jersey rules

Answer 50

Garrity v. New Jersey: A confession under threat of job loss is involuntary and its use in criminal court is not allowed under the 5th amendment. Covers speech only

• The Garrity Rule prohibits the officer’s statement(s) made in an administrative investigation from being used against him or her in a subsequent criminal prosecution.
  o Garrity Rights are not required in NC, but is highly recommended
   The officer must be told that the investigation is an internal investigation and not a criminal investigation, that he or she IS required to answer questions or face disciplinary action, and that any answers given will not be used against him or her in a criminal proceeding.

Question 51

Gardner v. Broderick Rule

Answer 51

Gardner v. Broderick: An officer may be dismissed for failing to answer questions in an administrative investigation that is narrowly and directly related to his job. The statement cannot be used in criminal court. Covers SPEECH only- 5th Amendment
- The Gardner Rule
o No right to lie in an administrative investigation.
o When a statement is made in an administrative investigation, the agency CANNOT use the following in criminal court:
 The compelled statement itself (Use Immunity)
 Physical evidence or witnesses identified by the compelled statement (Derivative Use Immunity)

Question 52

Protection of 5th amendment rights

Answer 52

Protection of 5th amendment rights:

• Use immunity – compelled statement cannot be used in court
• Derivative-use immunity – any evidence discovered directly or indirectly from the compelled statement cannot be used.
• Transactional immunity – cannot be prosecuted for the crime to which the compelled statement relates.

**Testimony of other witnesses that have been affected by the compelled statement
Note that transactional immunity is not provided. You can be prosecuted for the crime that is the subject of an administrative investigation subject to the restrictions above. Transactional immunity is not covered by the 5th.

Question 53

What are the 10 things every investigator should do/know?

Answer 53

1. ) Do accept citizen complaints
2. ) Do investigate every complaint, not just the easy ones
3. ) Do an adequately investigate any complaint
4. ) Do be familiar with the following cases:
   a. Garrity v. New Jersey
   b. Gardner v. Broderick
5. ) Do tell the officer the nature of the complaint
6. ) Do impose discipline for clear cut violations
7. ) Do treat employees fairly, never discriminate
8. ) Do allow the officer being investigated to consult with an attorney
9. ) Ensure you are following proper protocol when searching the property of employee
10. ) Do give the opportunity to be heard

Question 54

A federal statute must be followed even when it conflicts with a state constitutional provision by reason of?

Answer 54

The supremacy clause

Question 55

What criteria cannot be used to make employment decisions under Title VII?

1. Race, color, religion, sex & national origin
2. Disability
3. Age
4. All of the above
5. 1 & 3 only

Answer 55

Race, color, religion, sex & national origin

Question 56

An unlawful employment practice under Title VII means:

1. Race, sex, color, religion or national origin can never be used to make a decision to hire a person
2. Even an at will employee cannot be fired because of the employee’s race, sex, color, religion or national origin
3. Both 1 & 2
4. None of the above

Answer 56

Even an at-will employee cannot be fired because of the employee’s race, sex, color, religion or national origin

Question 57

Disparate Treatment under Title VII is:

1. Unintentional discrimination based upon the 5 criteria
2. Intentional discrimination based upon the 5 criteria
3. The same as adverse treatment
4. 1 & 3
5. 2 & 3

Answer 57

2 & 3

2. Intentional discrimination based upon the 5 criteria
3. The same as adverse treatment

Question 58

In a hiring case once the applicant shows he/she is qualified, applied for the job & person of another race or sex was hired, what happens next?

1. The applicant must show race or sex was reason the other person was hired
2. The burden shifts to employer to show a non-discriminatory reason for the choice
3. The Applicant must show the reason of the employer for the choice was a pretext
4. First 2 then 3
5. First 1 then 2

Answer 58

First 2 then 3

2. The burden shifts to the employer to show a non-discriminatory reason for the choice
3. The Applicant must show the reason of the employer for the choice was a pretext

Question 59

In a case about discrimination in disciplining employees, the employer must show all employees received the same punishment for the same improper conduct.

1. True
2. False

Answer 59

False

Question 60

Which of the following amount to Retaliation under Title VII

1. Transferring an officer from the day shift to the night shift after the officer files an EEOC complaint
2. Refusing to promote an officer who testifies for another officer in Title VII trial.
3. Frowning at & not speaking to an officer who has filed an EEOC complaint
4. All of the above
5. 1 & 2 only

Answer 60

1 & 2 only

1. Transferring an officer from the day shift to the night shift after the officer files an EEOC complaint
2. Refusing to promote an officer who testifies for another officer in Title VII trial.

Question 61

Which of the following involve adverse or disparate impact?

1. A test is given to all applicants in English & everyone passes except Hispanics
2. A physical agility test is given & men have one set of standards & women have a more lenient set of standards
3. Both 1 & 2
4. None of the above

Answer 61

A test is given to all applicants in English & everyone passes except Hispanics

Question 62

To comply with the 80% rule: 100 males take a test and 80 pass – what must the minimum passing rate be for females?

1. 80%
2. 75%
3. 64%
4. 50%
5. 1/3 or 36% whichever is higher

Answer 62

64%

Question 63

An employee must file an EEOC complaint within how many days of the most recent discriminatory action – if there is no deferral agreement?

1. 90 days
2. 180 days
3. 300 days
4. None of the above

Answer 63

180 days

Question 64

After a right to sue letter has been issued by EEOC, a person has:

1. 90 days to sue in federal court
2. 180 days to sue in federal court
3. 300 days to sue in federal court
4. 90 days to sue in state or federal court
5. 180 days to sue in state or federal court

Answer 64

90 days to sue in federal court

Question 65

Work Place Harassment can be based upon:

1. Sex
2. Race
3. Religion
4. Age
5. All of the above
6. 1, 2, & 3 only

Answer 65

All of the above

1. Sex
2. Race
3. Religion
4. Age

Question 66

Sexual Harassment means: verbal or physical contact of a sexual nature

1. Submission to conduct is a condition of employment;
2. Submission to or rejection of conduct is the basis of a job decision;
3. Conduct has the purpose or effect of unreasonably interfering with a person’s work;
4. All of the above
5. 2 & 3 only

Answer 66

All of the above

1. Submission to conduct is a condition of employment;
2. Submission to or rejection of the conduct is the basis of a job decision;
3. Conduct has the purpose or effect of unreasonably interfering with a person’s work

Question 67

For Title VII: Which are correct for Quid Pro Quo:

1. Means something for something
2. A demand for sex may be implicit or explicit
3. Once is not enough – Must unreasonably interfere with the job performance of the person
4. All of the above
5. 1 & 2 only

Answer 67

1 & 2 only

1. Means something for something
2. A demand for sex may be implicit or explicit

Question 68

Hostile Work Environment means:

1. Unwelcome Conduct of a sexual nature;
2. Unreasonably interferes with job;
3. Must happen more than once;
4. All of the above
5. 1 & 2 only
6. 2 & 3 only

Answer 68

1 & 2 only

1. Unwelcome Conduct of a sexual nature;
2. Unreasonably interferes with job;

Question 69

Agency Liability for supervisor’s sexual harassment

1. Automatic liability if victim suffers tangible job action
2. Automatic liability only if supervisor is management level employee;
3. Employee must complain & give agency a chance to fix problem;
4. No liability if have valid written policy prohibiting sexual harassment
5. 2, 3, & 4
6. 1 & 4

Answer 69

Automatic liability if a victim suffers tangible job action

Question 70

Agency liability for sexual harassment by co-worker (non-supervisor)

1. Automatic liability if tangible job action is taken;
2. Liability if victim complains & agency fails to correct;
3. It is a defense to liability if the agency has a written policy;
4. All of the above
5. 2 & 3

Answer 70

Liability if victim complains & agency fails to correct

Question 71

Tangible job action includes:

1. Dismissal
2. Denial of promotion
3. Reassignment with significantly different job duties
4. Employee quits a job as a result of harassment
5. All of the above
6. 1, 2 & 3

Answer 71

5. All of the above

Question 72

The following amount to sexual harassment:

1. Telling a dirty joke when a person is offended
2. Asking a subordinate for a date
3. Asking a subordinate for a date after being turned down once before
4. All of the above
5. None of the above

Answer 72

None of the above

Question 73

A male officer who quits after his buttocks is grabbed by a male supervisor at the agency Christmas party has a valid claim for sexual harassment

1. Yes
2. No
3. No unless the agency had a zero tolerance policy
4. None of the above

Answer 73

2. No

Question 74

On July 4, a Muslim employee hears comments at work about all Muslim’s being terrorists. His car has derogatory words written on it. He finds a noose hanging in front of his locker & he quits immediately. Under Title VII, he has:

1. No claim – he quit
2. No claim – no proof the employer or employees responsible
3. A valid claim for religious harassment
4. A valid claim for religious discrimination
5. 3 & 4

Answer 74

5. 3 & 4

Question 75

ADEA:

1. Age Discrimination in Employment Act
2. Requires a complaint to be filed with EEOC
3. LEO cannot challenge retirement age if agency had the same mandatory retirement age on March 3, 1983
4. All of the above
5. 1 & 2 only

Answer 75

4. All of the above

Question 76

Family & Medical Leave Act (FMLA) provides:

1. 12 weeks paid leave every 12 months
2. 12 weeks unpaid leave every 12 months
3. Amount of leave can be reduced by paid sick leave
4. Leave can be used for sick spouse or child
5. 1, 3, & 4
6. 2. 3 & 4

Answer 76

6. 2. 3 & 4

Question 77

23. Americans with Disability Act (ADA) prohibits discrimination against a qualified person with a disability in:
24. Hiring & promotion
25. Job assignment
26. Employer sponsored training
27. Employer sponsored social events
28. All of the above
29. 1, 2 & 3 only

Answer 77

5. All of the above

Question 78

ADA: Disability is:

1. A physical impairment
2. A mental impairment
3. A physical impairment that substantially limits a major life activity
4. All of the above
5. 2 & 3

Answer 78

A physical impairment that substantially limits a major life activity

Question 79

ADA: Substantially limits major life activity includes:

1. Cannot perform a job you want or had
2. Ability to walk, talk, or breathe is substantially limited permanently
3. Totally disabled for six months but recover
4. All of the above
5. 2 & 3 only

Answer 79

Ability to walk, talk, or breathe is substantially limited permanently

Question 80

ADA does NOT protect a disabled person who:

1. Fails to meet the qualifications for the job sought
2. Is unable to perform the essential functions of the job without some help
3. Is a direct threat to himself
4. Is a direct threat to co-workers or the public
5. All of the above
6. 1, 3, & 4 only

Answer 80

1, 3, & 4 only

Question 81

The ADA does not protect:

1. A person whose disability has been corrected by medical devices
2. Current illegal drug users
3. Disabled persons who are not qualified for a job
4. All of the above
5. 2 & 3 only

Answer 81

2 & 3 only

Question 82

Prior to a conditional offer of employment an applicant can be asked:

1. Why did you take so many sick days last year?
2. What medications are you taking?
3. To submit to an eye test to check vision
4. To submit to a polygraph test & a test for illegal drugs
5. All of the above
6. 3 & 4 only

Answer 82

3 & 4 only

Question 83

GINA:

1. Means Get It Now Alliance
2. Prohibits a police agency from obtaining a medical history of family members of its employees
3. Means Genetic Information Non-Discrimination Act
4. None of the above
5. 2 & 3 only

Answer 83

2 & 3 only

Question 84

A citizen is stopped for no cause & pushed down to the ground for no reason. He sues & may be entitled to:

1. Compensatory damages for any medical bills
2. Nominal damages if he is not hurt
3. Punitive damages if he can show malice
4. All of the above
5. 1 & 3 only

Answer 84

All of the above

Question 85

In order to prevail in a lawsuit under 42 USC 1983, the plaintiff must prove:

1. The defendant was acting under color of law
2. That a state law was violated
3. That a constitutional right of his was violated
4. The defendant was acting outside the course & scope of his employment
5. All of the above
6. 1 & 3 only

Answer 85

1 & 3 only

Question 86

Under 42 USC 1983, who cannot be sued:

1. A State employee in his official capacity
2. A State employee in his individual capacity
3. A city or County employee in his official capacity
4. A city or County employee in his official capacity even when the employer has an unconstitutional policy
5. 1 & 3 only
6. 1 & 4 only

Answer 86

A State employee in his official capacity

Question 87

Qualified immunity in a 42 USC 1983 lawsuit means:

1. The officer had a good faith belief that what he was doing was constitutional
2. The law as interpreted by the US Supreme Ct, the Federal Circuit Court over his State or the State Supreme Court did not say he was acting in violation of the Constitution
3. A reasonable officer in the same position as this officer would not have known that what he did was unconstitutional
4. All of the above
5. 2 & 3 only

Answer 87

2 & 3 only

Question 88

The Statute of Limitation:

1. Is the law that establishes the length of time after an event that a lawsuit can be brought
2. Is always three years
3. Should control how long you save notes & information about an event
4. All of the above
5. 1 & 3 only

Answer 88

1 & 3 only

Question 89

Collateral Estoppel means:

1. The Plaintiff cannot sue for his arrest & use of force if he is convicted of a crime in state court
2. The Plaintiff cannot re-litigate in civil court those issues litigated & lost in criminal court
3. Upon a conviction in criminal court, the Plaintiff cannot sue for a lack of probable cause to arrest
4. All of the above
5. 2 & 3 only

Answer 89

2 & 3 only

Question 90

In order to prove a claim of negligence the Plaintiff must prove:

1. Defendant had a legal duty to Plaintiff
2. Breach of legal duty
3. Injuries were caused by breach of duty
4. Plaintiff’s constitutional rights were violated
5. All of the above
6. 1, 2 & 3 only

Answer 90

1, 2 & 3 only

Question 91

Who is entitled to absolute immunity from civil liability:

1. The judge acting within his jurisdiction
2. The prosecutor for prosecuting
3. A criminal defendant for what he testifies to in court
4. All of the above
5. 1 & 2 only

Answer 91

All of the above

Question 92

A release of liability in exchange for a plea bargain in state criminal court is:

1. Never valid
2. Invalid unless the defendant has a lawyer
3. Valid if voluntary
4. Valid in state court but not in federal court
5. 2 & 3 only

Answer 92

Valid if voluntary

Question 93

Constitutional claims for improper use of force and seizure of a free person are controlled by:

1. The reasonableness standard of the 4th Amendment
2. The Probable Cause standard of the 4th Amendment
3. 5th Amendment protections
4. 14th Amendment substantive due process
5. 1 & 2 only

Answer 93

The reasonableness standard of the 4th Amendment

Question 94

When deciding if the use of force was constitutional the court will consider:

1. The number of officers & offenders
2. Whether officer had PC to believe offender had a weapon
3. Officer’s intentions
4. All of the above
5. 1 & 2 only

Answer 94

1 & 2 only

Question 95

Violations of the 4th amendment requirement that a seizure be reasonable include:

1. An arrest with PC
2. An arrest by a local officer with PC but outside the county where the officer works but within the state
3. An arrest by an officer with PC but outside the state where the officer works
4. An arrest by an officer with PC but in violation of a state law
5. All of the above
6. 1 & 3 only

Answer 95

An arrest with PC

Question 96

An LEO with PC arrests 3 lacrosse players for rape, DA obtains an indictment but DNA later exonerates them

1. Officer is liable for 4th amend (false arrest)
2. Officer is liable for 14th amend (unconstitutional prosecution)
3. Officer is liable for 4th amend unconstitutional prosecution only if he lies to DA about facts or pressures DA to indict.
4. 1 & 3 only

Answer 96

Officer is liable for 4th amend unconstitutional prosecution only if he lies to DA about facts or pressures DA to indict.

Question 97

An officer pursues a violator at a high rate of speed. The violator loses control & the officer unintentionally crashes into the violator’s vehicle killing him. The Officer:

1. May be liable under the 4th amendment
2. May be liable under the 14th amendment
3. Cannot be liable for violation of Constitutional rights
4. 1 & 2 only
5. None of the above

Answer 97

Cannot be liable for violation of Constitutional rights

Question 98

A LEO is called to a business who claims that a husband & wife have fraudulently claimed a refund on goods they did not purchase. The LEO obtains arrest warrants. The arrest warrants are entered in the system but not yet served. The next day, the business owner contacts the LEO & says they made a mistake and the refund was valid. The LEO:

1. Can be held liable for failing to recall the warrants
2. CANNOT be held liable for failing to recall the warrants
3. Has a moral obligation to recall the warrants
4. Both A & C
5. Both B & C

Answer 98

Both B & C

Question 99

Eight months later the husband is stopped for speeding & arrested on the outstanding arrest warrant. On his court date, the business representative tells the prosecutor that it was all a mistake. Charges are dismissed against the husband. Neither the prosecutor nor the officer take any action to recall the warrant against the wife. Later the wife is arrested on the warrant when she seeks a clearance letter from the local PD so she can apply for citizenship.

1. The officer can be held liable for the wife’s arrest
2. The prosecutor can be held liable for the wife’s arrest
3. The officer & prosecutor should be ashamed of themselves
4. All of the above

Answer 99

The officer & prosecutor should be ashamed of themselves

Question 100

A city or county can be held liable for money damages under 42 USC 1983

1. When one of its officers violates the constitutional rights of a person
2. Adopts an unconstitutional policy which amounts to deliberate indifference & violates a person’s constitutional rights
3. Fails to adopt a policy which amounts to deliberate indifference & violates a person’s constitutional rights
4. All of the above
5. 2 & 3 only

Answer 100

2 & 3 only

Question 101

A State can be sued under 42 USC 1983 for money damages for having an unconstitutional policy?

1. True
2. False

Answer 101

False

Question 102

Deliberate Indifference means:

1. The degree of fault that must occur before a city/county can be held liable
2. Willful blindness
3. A violation of a constitutional right is a plainly obvious consequence of the policy
4. All of the above
5. 1 & 3 only

Answer 102

All of the above

Question 103

Before a supervisor can be held liable under 42 USC 1983 the plaintiff must prove:

1. The supervisor had actual or constructive knowledge of unconstitutional conduct of an officer
2. The supervisor’s response was so inadequate to amount to deliberate indifference
3. There was an affirmative causal link between supervisor’s actions and plaintiff’s injury
4. The plaintiff’s Constitutional rights were violated by the involved officer
5. All of the above
6. 1, 2 & 3 only

Answer 103

All of the above

Question 104

The following facts can be used to prove knowledge on part of a supervisor

1. Complaints of rudeness filed against the officer
2. A prior investigation of use of force where officer is exonerated by agency
3. A prior improper use of force by the officer but never reported to the agency
4. A prior improper use of force a witness claims was reported but the agency has no record
5. All of the above
6. 1, 2 & 4

Answer 104

1, 2 & 4

Question 105

Evidence that a supervisor was not deliberately indifferent include:

1. Reviewing daily activities of the officer
2. Riding with the officer & observing the officer on the job
3. Reviewing policy on use of force with the officer after all use of force complaints
4. All of the above

Answer 105

All of the above

Question 106

The difference between civil liability under 42 US 1983 & criminal liability under 18 USC 242 for use of force is:

1. If the use of force was videotaped and made the news
2. How hard you hit someone
3. Whether the last blow was after the violator surrendered
4. Willfulness
5. All of the above
6. 2, 3 & 4

Answer 106

Willfulness

Question 107

An officer can be liable for failing to protect an injured person if:

1. The officer promises the injured person protection
2. The officer lets his buddy go & he injures the person
3. The officer has PC to arrest an offender & does not & the offender injures the person
4. The officer has a special relationship with injured person
5. All of the above
6. 1 & 4 only

Answer 107

1 & 4 only

Question 108

A constitutional claim for the failure of an officer to protect a citizen from injury:

1. Arises under the 14th amendment
2. Arises under 4th amendment
3. There is no such claim
4. None of the above

Answer 108

Arises under the 14th amendment

Question 109

It is a violation of the Hobbs Act if an officer stops cars and accepts sexual favors not to issue a citation for a criminal offense?

1. True
2. False

Answer 109

True

Question 110

A public official can be convicted in federal court for mail fraud for depriving government of the intangible right to his honest services when no bribe or kickback is received.

1. True
2. False

Answer 110

False

Question 111

A person may sue and seek money damage when the person is injured by
I. A tort committed by another
II. A violation of the criminal law for which they are a victim
III. A negligent act of another resulting in injury
IV. A violation of the person’s constitutional rights

What is the best answer

a. I & II
b. I & III
c. I, II, & III
d. I, II, & IV
e. All of the above

Answer 111

All of the above

I. A tort committed by another
II. A violation of the criminal law for which they are a victim
III. A negligent act of another resulting in injury
IV. A violation of the person’s constitutional rights

Question 112

The supremacy Clause provides that
I. A federal statute controls over state constitutional provisions which conflict with the federal statute
II. A state law controls over a federal regulation that conflicts with it
III. The laws of NC control over the laws of Kansas, Maryland, Virginia and Florida
IV. In a dispute between the U.S. Constitution and a state constitution, the U. S. Constitution controls.

What is the best answer

a. I & IV
b. I, II & IV
c. I, & III
d. III

Answer 112

a. I & IV

I. A federal statute controls over state constitutional provisions which conflict with the federal statute

IV. In a dispute between the U.S. Constitution and a state constitution, the U. S. Constitution controls.

Question 113

An officer with a property interest in his job is discharged for conduct which also constitutes a criminal violation. He is found not guilty of the crime by a jury.
I. The officer must be reinstated to his job because of his acquittal
II. The discharge of the officer may be upheld despite the outcome of the criminal charges
III. The officer is innocent and must be reinstated, but he can be denied back pay because he was charged with a crime.
Which of the statement are true:
a. I
b. II
c. III
d. I & III

Answer 113

II. The discharge of the officer may be upheld despite the outcome of the criminal charges