PS 585 (651) Ike Avery- Constitutional and Legal Principles Introduction Flashcards
1
Q
What are the three branches of government?
A
- Executive Branch
- Legislative Branch
- Judicial Branch
2
Q
What does the Executive Branch do?
A
-Enforces the law
-Conducts Foreign Policy
-LEO’s under this branch: except Security – Capitol
Police & Supreme Court Police
3
Q
What does the Legislative Branch do?
A
- Makes laws
- Passes budget
- Raises/ lowers taxes
4
Q
What does the Judicial Branch do?
A
Interprets the laws (9 justices)
5
Q
Checks and Balances
A
- 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
6
Q
Supremacy Clause
A
U.S. Constitution –>Federal Law–>State Constitution–>State Law–>Policy
7
Q
Fourth Amendment
A
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.
8
Q
First Amendment
A
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
9
Q
Additional Obligation
A
Government agencies must assist citizens in exercising their constitutional rights.
10
Q
Amendment IV
A
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.
11
Q
Amendment V
A
No person…shall be compelled in a criminal case to be a witness against himself.
12
Q
Amendment XIV: 1868
A
“…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…”
13
Q
What are the two types of Due Process?
A
Procedural and Substantive
14
Q
Procedural (Due Process)
A
- Rule of Law or Law of the land
- 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
15
Q
Substantive (Due Process)
A
- Protects basic liberty
2. Gov’t may not act arbitrarily
16
Q
NOTICE
HEARING OR TRIAL
CIVIL vs CRIMINAL
A
Civil Criminal
Notice: Notice:
Written Citation or Warrant
Order/Memo Hearing: Trail
Hearing: Grievance/
Hearing
17
Q
Trial Courts
A
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
18
Q
Appellate Courts
A
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
19
Q
Findings of Fact (talking about courts)
A
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.
20
Q
Summary Judgment
A
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
21
Q
Appellate court cases
A
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
22
Q
Precedent
A
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
23
Q
Anatomy of an Appellate Case
usually – not always in this order
A
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)
24
Q
Parties to a case
A
PLAINTIFF vs. DEFENDANT
PETITIONER vs. RESPONDENT
APPELLANT vs. APPELLEE
MOVANT vs. RESPONDENT
Criminal cases:
United States vs. Defendant
State
Commonwealth
25
TORTS
- A TORT IS A CIVIL WRONG
- IT MAY ALSO BE A CRIME
- ALLOWS PERSON TO RECOVER MONEY DAMAGES
26
Civil Lawsuit (Order of the suit)
1. Complaint
2. Answer/motion to dismiss
3. Discovery
4. Motion for Summary Judgment
5. Mediation
6. Trial
7. Appeal - Mediation
27
What are the three types of Damages (Civil cases)?
Nominal
Compensatory
Punitive
28
Where the Lawsuit Can be Filed?
State Courts – general courts of jurisdiction
| Federal court – limited jurisdiction
29
What is an appeal?
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)
30
How many Federal Circuit courts of appeals are there?
11
31
What district of the Federal Circuit courts is NC?
4th
32
What are the three types of Laws?
Constitutional Law
Statutory Law
Common-Law
33
What does the Legislative Branch-Article I do?
Makes Laws
Passes Budgets
Raises and Lowers Taxes
Makes policy decisions
34
The Constitution does?
Organizes Federal Gov.
Separates Powers Among Three Branches
Acts as a Limit on Power of all Government (Federal, State & Local)
35
The Constitution does not require a correct Decision.
| True or False
True
36
Executive Branch-Article II
Enforces the Law
Conducts Foreign Policy
LEO’S are under this Branch-- EXCEPT SECURITY – CAPITOL POLICE & SUPREME COURT POLICE
37
Law Enforcement Officers are under the Executive Branch (Article II)?
True or False
True: LEO’S ar UNDER THIS BRANCH -- EXCEPT SECURITY – CAPITOL POLICE & SUPREME COURT POLICE
38
Supremacy Clause (Order of Laws)
```
U.S. Constitution
Federal Law (Statutes, Rules)
State Constitution
State Laws
Policy
```
39
For the law to be “clearly established,” what is required
- 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.
40
Qualified Immunity
Officials are not liable for bad guesses in gray areas; they are liable for transgressing bright lines.”
41
What is the term “1983” mean?
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.
42
Every tort may NOT be a crime;
However, every crime is a tort where there is injury/ loss.
True or False
True
43
What is Nominal Damages (Civil cases)?
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.
44
What is Compensatory Damages (Civil cases)?
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.
45
What is Punitive Damages (Civil cases)?
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.
46
What is an Injunction?
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.
47
In a Civil case how long do you have to answer a complaint?
Answer to complaint 20 – 30 days
- State Court: 30 days
- Federal Court: 20 Days
48
Service of a complaint may be served by?
o Certified Mail
o Deputy Sheriff
o A Deputy U.S. Marshall
49
What are the three types of Law?
```
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
```
50
Garrity v. New Jersey rules
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.
51
Gardner v. Broderick Rule
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)
52
Protection of 5th amendment rights
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.
53
What are the 10 things every investigator should do/know?
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
54
A federal statute must be followed even when it conflicts with a state constitutional provision by reason of?
The supremacy clause
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
Race, color, religion, sex & national origin
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
Even an at-will employee cannot be fired because of the employee’s race, sex, color, religion or national origin
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
2 & 3
2. Intentional discrimination based upon the 5 criteria
3. The same as adverse treatment
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
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
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
False
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
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.
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
A test is given to all applicants in English & everyone passes except Hispanics
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
64%
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
180 days
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
90 days to sue in federal court
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
All of the above
1. Sex
2. Race
3. Religion
4. Age
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
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
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
1 & 2 only
1. Means something for something
2. A demand for sex may be implicit or explicit
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
1 & 2 only
1. Unwelcome Conduct of a sexual nature;
2. Unreasonably interferes with job;
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
Automatic liability if a victim suffers tangible job action
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
Liability if victim complains & agency fails to correct
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
5. All of the above
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
None of the above
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
2. No
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
5. 3 & 4
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
4. All of the above
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
6. 2. 3 & 4
77
23. Americans with Disability Act (ADA) prohibits discrimination against a qualified person with a disability in:
1. Hiring & promotion
2. Job assignment
3. Employer sponsored training
4. Employer sponsored social events
5. All of the above
6. 1, 2 & 3 only
5. All of the above
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
A physical impairment that substantially limits a major life activity
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
Ability to walk, talk, or breathe is substantially limited permanently
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
1, 3, & 4 only
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
2 & 3 only
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
3 & 4 only
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
2 & 3 only
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
All of the above
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
1 & 3 only
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
A State employee in his official capacity
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
2 & 3 only
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
1 & 3 only
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
2 & 3 only
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
1, 2 & 3 only
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
All of the above
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
Valid if voluntary
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
The reasonableness standard of the 4th Amendment
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
1 & 2 only
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
An arrest with PC
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
Officer is liable for 4th amend unconstitutional prosecution only if he lies to DA about facts or pressures DA to indict.
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
Cannot be liable for violation of Constitutional rights
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
Both B & C
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
The officer & prosecutor should be ashamed of themselves
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
2 & 3 only
101
A State can be sued under 42 USC 1983 for money damages for having an unconstitutional policy?
1. True
2. False
False
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
All of the above
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
All of the above
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
1, 2 & 4
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
All of the above
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
Willfulness
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
1 & 4 only
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
Arises under the 14th amendment
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
True
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
False
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
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
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
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.
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
II. The discharge of the officer may be upheld despite the outcome of the criminal charges
