Multiple Choice

(worth 1 point)

Select the answer that is best

 

1.   When an appeals court that hears a case:

a.           It must have personal jurisdiction over the parties

b.          It hears contested issues of fact 

c.           It hears contested issues of law 

d.          All of the above

e.           None of the above

 

2.           As to torts:

a.           The plaintiff must prove “intent” that the defendant meant to hurt the injured party

b.           The police agency can assert sovereign immunity

c.           All actions that classify as intentional torts equate to criminal liability as the actor meant to hurt the injured party

d.           All of the above

e.           None of the above

 

3.          As to torts:

a.           Police are often successfully sued for strict liability since their day-to-day activities are always dangerous and should be held responsible for them.

b.          Police are often successfully sued for negligence under the public duty doctrine because they always owe a general duty of care to all members of the public

c.           Police can be sued for comparative negligence if their police officer is partially to blame for the loss.

d.           All of the above are true

e.           None of the above are true.  

 

 

4.           If a police agency is being sued civilly in federal court for violation of one’s freedom from unreasonable search and seizure (4^th amendment, then the following apply to the cause of action:

a.           The lawsuit is filed under the court’s “diversity jurisdiction”

b.           The defendant must have ‘standing’ for the case to proceed

c.           The police agency may have the defense of comparative negligence

d.           The police agency may have the defense of absolute immunity

e.           All of the above are true

f.           None of the above are true.

 

5.           After a lawsuit is filed against a police agency for negligence, then:

a.           The police agency can successively dismiss the case from the beginning under a “summary judgment” motion

b.           The police agency is entitled to “speedy trial” under the US Constitution

c.           The police agency is entitled to discovery into the claim

d.           The police agency must have legal ‘standing’ to defend the action

e.           All of the above are true

f.           None of the above are true  

 

 

6.           In a civil case against a police agency for intentional tort:

a.           The plaintiff must prove their case “beyond a reasonable doubt”

b.           Both parties can eventually move the court for “summary judgment” after the discovery period has concluded to try to win the case 

c.           Only the defendant can move for “summary judgment” after the discovery period has concluded as the plaintiff must always prove their case to a jury to win.

d.           All of the above are true

e.           None of the above are true

 

7.           During a civil trial:

a.           When judges follow case precedent, that is called judicial activism

b.           A judgment notwithstanding a verdict occurs near the beginning of the case after the pleadings are filed based on the fact that there is no way the plaintiff’s claims are cognizable

c.           Judges at the trial level will decide disputed issues of fact so as not to allow the jury to be confused.

e.           All of the above are true

f.           None of the above are true

 

8.           Absolute immunity is:

a.           Reserved for prosecutors and judges in our legal system when they make decisions

b.           Reserved to police officers who make an arrest under a law that was recently declared void by the US Supreme Court

c.           Can be used by the police agency to avoid civil liability

d.           Is a type of legal claim which seeks damages

e.           None of the above is an accurate statement

 

9.           When a plaintiff sues a police agency for negligence:

a.           The “duty” element can be satisfied by the plaintiff by proving “actual causation”

b.           The “duty” element can be satisfied by the plaintiff by proving “proximate causation”

c.           The “duty” element cannot be satisfied by the plaintiff by proving a “public duty” owed by the police to the general public

d.           All the above are true statements

e.           None of the above are true statements.

 

10.        Before a civil case against a police agency can be heard by a court:

a.           The court must have “subject matter” jurisdiction over the dispute

b.           The court must have “personal jurisdiction” over the involved litigants

c.           The case must be filed by a plaintiff before the court gets involved

d.           Venue must be proper before the case can be filed

e.           All of the above are correct

f.           Just a, b & c are correct

e.           Just a & b are correct

g.           None of the above are correct. 

 

 

 

True/False

(worth 1 point)

Designate either True or False for each

 

11.      If management of a police agency and a union member fall into dispute and elect mediation, then they will present their case to the mediator who will ultimately make a decision as to who will win or lose, if the parties cannot settle the matter amicably.  ________

 

12.     Under the doctrine of comparative negligence, one can be sued for their negligence and breach of duty of due care _________

 

13.    Negligence is an intentional tort.    ___________

 

14.      In all cases of battery, there is an assault so the damaged party can file a lawsuit based on

            both tort actions.  ___________

 

15.      If a vehicle is abandoned on the street but in a parking spot and for years it sits and the police agency does nothing, if the vehicle blows up for some mechanical reason, the police can be sued for negligence because they owe a duty of care to the general public under the public duty doctrine ___________

 

16.       In a defamation lawsuit, if the untruthful statement is only communicated by the

            defendant directly to the plaintiff (the one suing for defamation) and no other party, then

            the plaintiff will win the case as law only requires the statement to be untrue.  ___________

 

17.      All intentional torts equate to criminal actions as well so the actor can face both civil and criminal liability ____________

 

18.      In a lawsuit, parties cannot continue “discovery” (finding evidence by way of

            depositions, requests to produce etc…) after the jury renders a verdict and during the

            appeals stage of the case to bring up “new facts” to the appeals judges.  _________

 

19.      Once there is probable cause for an arrest, even if the defendant/suspect is later found not guilty by a jury, the officer cannot be successfully sued in civil court for false arrest or false imprisonment. ________

 

20.      If a law states that police should treat everyone equal as to national origin and cannot stop an individual on the side of a street just for looking like they are from another country, that law would be considered a “substantive law” rather than a “procedural law”.    _________