Quiz

Note: It is recommended that you save your response as you complete each question.

Question 1 (1 point)

 

One can always appeal issues of fact, not law on appeal.

Question 1 options:

	True
	False

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Question 2 (1 point)

 

Local law enforcement officers can only be sued in State courts for their actions because they are licensed by the State

Question 2 options:

	True
	False

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Question 3 (1 point)

 

The burden of proof to prevail in a negligence action against a law enforcement agency is “by preponderance of the evidence”

Question 3 options:

	True
	False

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Question 4 (1 point)

 

In Common Law country systems, judges can make laws through their opinions

Question 4 options:

	True
	False

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Question 5 (1 point)

 

For a case against a law enforcement officer to proceed, the court must have subject matter jurisdiction and not personal jurisdiction as it is a government agency

Question 5 options:

	True
	False

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Question 6 (1 point)

 

All defendants in a lawsuit must have “standing” for the case to proceed

Question 6 options:

	True
	False

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Question 7 (1 point)

 

A plaintiff in all tort cases against a law enforcement agency must prove purposeful intent by the police officer.

Question 7 options:

	True
	False

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Question 8 (1 point)

 

Comparative negligence is a basis for a lawsuit against a law enforcement agency

Question 8 options:

	True
	False

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Question 9 (1 point)

 

Contributory negligence is a defense that a law enforcement agency defendant can use in a lawsuit to prevent the plaintiff from collecting damage awards

Question 9 options:

	True
	False

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Question 10 (1 point)

 

In general, lawsuits against law enforcement agencies are allowed to occur as they are seen as a way to regulate police conduct

Question 10 options:

	True
	False

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Question 11 (1 point)

 

Depositions of possible witnesses are taken at which stage of a civil lawsuit:

Question 11 options:

	Pleading Stage
	Appeals Stage
	Discovery Stage
	During Post Trial Motions Stage
	None of the above responses are correct

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Question 12 (1 point)

 

In a civil trial cause, the plaintiff must prove their case by:

Question 12 options:

	Beyond a Reasonable Doubt
	Clear and Convincing Evidence
	Preponderance of the Evidence
	Beyond a Shadow of a Doubt
	None of the above responses are correct

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Question 13 (1 point)

 

In the United States we must study case law precedent to understand laws applicable to our situation because:

Question 13 options:

	The United States is a Common Law Country
	The United States is a Civil Code System Country
	The United States is a Democracy
	All of the forgoing responses are correct

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Question 14 (1 point)

 

Civil Lawsuits against law enforcement agencies for alleged mis-conduct is:

Question 14 options:

	A legitimate way of social control to prevent police abuses
	Are prevented by the concept of Sovereign Immunity
	Are always frivolous and a waste of tax payer’s funds
	Are pre-empted and barred if internal affairs investigations are pending
	None of the foregoing responses are correct

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Question 15 (1 point)

 

As to civil lawsuits against law enforcement agencies:

Question 15 options:

	Good standard operating procedures within a law enforcement agency can help prevent these types of lawsuits from occurring
	The individual law enforcement officer is often named as a defendant
	The law enforcement agency employer is often named as a defendant even though the conduct was committed by the individual law enforcement employee
	All of the forgoing responses are correct

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Question 16 (1 point)

 

A police officer is driving his marked patrol unit and not on an emergency call.  While driving, he is reflecting upon his lap top screen looking at the computer aided dispatch calls pending resolution.   He does not notice a vehicle lawfully stopped at the red light and rear ends that vehicle.   Right before the crash, the driver of the other vehicle looks up into her rear view mirror and sees the police car coming and puts her in fear and apprehension of immediate harmful contact (ie. a pending crash).   She suffers a broken hip and lost earnings from work as she is laid up for 6 weeks.   She can sue the law enforcement  successfully for:

Question 16 options:

	Assault
	Battery
	Strict Liability
	Negligence
	All of the foregoing are appropriate types of lawsuits under the factual pattern given

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Question 17 (1 point)

 

As to privileges against law suits against law enforcement agencies and their personnel:

Question 17 options:

	Absolute Privileges to bar such lawsuits are more prevalent  and numerous in our legal system than qualified immunities;
	Sovereign Immunity privileges to law enforcement agencies are more prevalent then Absolute Privileges
	Sovereign Immunity limits damage awards against individual law enforcement officers who are sued in their individual personal capacity
	All of the foregoing answers are correct

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Question 18 (1 point)

 

A local hotel has been plagued with ongoing thefts from guest rooms while the guest is out of the room.   A police officer has sufficient probable cause to arrest a maid at a hotel for stealing from guests when she was cleaning hotel rooms.  The police officer responds to a press inquiry  about the arrest and states “I have placed her under arrest as there is probable cause that she committed these thefts” However, a jury hears the case and eventually renders a verdict of not guilty.   The police officer can be later sued for:

Question 18 options:

	Malicious Prosecution
	False Arrest or False Imprisonment
	Strict Liaiblity
	Libel
	None of the foregoing answers are correct

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Question 19 (1 point)

 

Which of the following statements are TRUE:

Question 19 options:

	Torts can never be crimes
	All torts are intentional b/c the actor meant to do them
	Some torts can also be crimes
	All torts are strict liability actions

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Question 20 (1 point)

 

What is the term for the second stage of federal courts, which review the trial record of cases decided in district court to insure they were settled properly?

Question 20 options:

	Administrative Agency Actions
	Courts of Last Resort
	State Supreme Courts
	Circuit Courts

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