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Constitutional Violations MCQ

_____ is a state court suit for damages to compensate individuals who have suffered harm.

Judiciousness

Regularity

Tort actions

None of these

Answer

Correct Answer: Tort actions

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Is title 42, Section 1983 of the U.S. Code individuals may be sued for acting under the color of state law for violating an individual’s constitutional rights or a federal right?

False

True

Answer

Correct Answer: True

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_____ is known as false testimony by police officers.

Elkins v. United States

Weeks v. United States

None of these

Testilying

Answer

Correct Answer: Testilying

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_____ is defined as police officers, correctional officials, and other criminal justice professionals may be sued only for violating “well-established” constitutional rights.

The Eighth Amendment

Qualified immunity

All of these

The First Amendment

Answer

Correct Answer: Qualified immunity

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_____ is a judicial order requiring a police department to adopt various reforms.

FISA

The PATRIOT Act

Pattern-or-practice decree

All of these

Answer

Correct Answer: Pattern-or-practice decree

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Is injunction a judicial order directing a halt to a harmful act or policy?

True

False

Answer

Correct Answer: True

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_____ is known as a federal statute that authorizes an individual to sue the federal government for various torts.

Federal Tort Claims Act

Concurrent jurisdiction

FISA

None of these

Answer

Correct Answer: Federal Tort Claims Act

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_____ is defined as an act under the authority of state or federal law.

All of these

Hunch

Color of state law

Preponderance of the evidence

Answer

Correct Answer: Color of state law

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_____ is civilian review boards in most large cities investigate and recommend punishments for police found to have engaged in misconduct.

None of these

Aguilar–Spinelli test

Reasonable suspicion

Civilian review

Answer

Correct Answer: Civilian review

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Is blue wall of silence police refusal to testify about the unlawful conduct of other police officers?

False

True

Answer

Correct Answer: True

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_____ is known as Federal law enforcement officers and other federal employees may be sued for violating an individual’s constitutional rights or a right under federal law.

Bivens legal suit

FISA

All of these

The PATRIOT Act

Answer

Correct Answer: Bivens legal suit

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_____ is defined as judges, prosecutors, witnesses, and jurors may not be sued for acts undertaken as part of the judicial function.

None of these

Efficient

Absolute immunity

The best

Answer

Correct Answer: Absolute immunity

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______ refer to money that pays for the actual expenses and harm suffered by the plaintiff.

Compensatory damages

Punitive damages

Tort fees

Fines

Answer

Correct Answer: Compensatory damages

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In which case did the U.S. Supreme Court essentially expand § 1983 suits to the federal government?

Monroe v. Pape

Huffman v. County of Los Angeles

Bivens v. Six Unknown Named Agents

Chavez v. Martinez

Answer

Correct Answer: Bivens v. Six Unknown Named Agents

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What level of immunity, if any, is afforded to probation officers from § 1983 suits?

Absolute immunity

Qualified immunity

Limited immunity

Unlimited immunity

Answer

Correct Answer: Qualified immunity

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What level of immunity, if any, is afforded to witnesses from § 1983 suits?

Absolute immunity

Qualified immunity

Limited immunity

Unlimited immunity

Answer

Correct Answer: Absolute immunity

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An officer acting with the authority of his or her position as an officer is said to be acting ______.

With authority

With the power of the state

In official capacity

Under color of law

Answer

Correct Answer: Under color of law

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Traditionally, police agencies have welcomed civilian review oversight.

True

False

Answer

Correct Answer: False

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Qualified immunity allows the police to enforce the law without fear that they will be held legally liable.

True

False

Answer

Correct Answer: True

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Traditionally, judges have been disinclined to interfere in the affairs of police departments.

True

False

Answer

Correct Answer: True

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One of the requirements to hold a city government liable under § 1983 is that the government was aware of and deliberately disregarded a significant risk to the public.

True

False

Answer

Correct Answer: True

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Police officers may be sued under state law for committing a tort (civil wrong) against an individual.

True

False

Answer

Correct Answer: True

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The police have a legal obligation to intervene in all possible situations in order to protect the general public.

True

False

Answer

Correct Answer: False

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Prosecutors enjoy absolute immunity from § 1983 suit for much the same reasons as do judges.

True

False

Answer

Correct Answer: True

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A supervisor cannot be held liable for the actions of officers under his or her command under a § 1983 suit.

True

False

Answer

Correct Answer: False

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A police officer can be sued under § 1983 for any action taken by the officer that violates the civil rights of an individual.

True

False

Answer

Correct Answer: False

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The exclusionary rule does not provide a remedy for one who is unconstitutionally arrested yet not brought to trial.

True

False

Answer

Correct Answer: True

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