Legal Aspects Within Criminal Justice Exam Practice
Question 1 After a lawsuit is filed against a police agency for negligence, then: Question 1 options: The police agency can successively dismiss the case from the beginning under a “summary judgment” motion The police agency is entitled to “speedy trial” under the US Constitution The police agency is entitled to discovery into the claim The police agency must have legal ‘standing’ to defend the action All of the above are true None of the above are true Question 2 (1 point) Saved Police agency defendants in civil actions generally do not like the “public duty” doctrine as it is the basis of many plaintiffs’ successful negligence claims as it allows for satisfaction of the duty of care element owed to the plaintiff by the police agency Question 2 options: True False Question 3 (1 point) In a civil trial against a police agency in which the plaintiff is seeking monetary damages, the plaintiff must prove their case by: Question 3 options: Preponderance of the Evidence Beyond a Shadow of a Doubt Beyond a Reasonable Doubt Clear and Convincing Evidence Question 4 (1 point) When a police officer is sued civilly for excessive force under the intentional tort of battery it is: Question 4 options: Going to be decided on the basis of “beyond a reasonable doubt” The plaintiff must prove that they were owed a duty of care by the police officer The defendant must have “legal standing” for the case to proceed None of these possible answers are a correct response to the question asked Question 5 (1 point) 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 right), then the following apply to the cause of action: Question 5 options: The lawsuit is filed under the court’s “diversity jurisdiction” The defendant must have ‘standing’ for the case to proceed The police agency may have the defense of comparative negligence The police agency may have the defense of absolute immunity All of the above are true None of the above are true Question 6 (1 point) If a police department negligently conducts a citizen academy course in which one citizen participant is accidentally shot by a bullet by a participating police officer and sues and gets only 30% of her damages she is suing for, then most likely: Question 6 options: Contributory negligence defense is involved here Waivers were signed by the citizen participant Comparative negligence defense is involved here Absolute immunity exists to protect the police department and police officer being sued Question 7 (1 point) 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 Question 7 options: True False Question 8 (1 point) What is the name 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 8 options: Administrative Agency Actions Courts of Last Resort State Supreme Courts Circuit Courts US Supreme Court Question 9 (1 point) Local law enforcement officers can only be sued in State courts for their actions because they are licensed by the State Question 9 options: True False Question 10 (1 point) When an appellate court hears an appeal dealing with a police officer’s alleged negligence, that court is reviewing issues of fact to decide if the jury verdict is correct and not issues of law Question 10 options: True False Question 11 (1 point) During a civil trial: Question 11 options: When judges follow case precedent, that is called judicial activism 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 Judges at the trial level will decide disputed issues of fact so as not to allow the jury to be confused All of the above are true None of the above are true Question 12 (1 point) Statute of Limitations Question 12 options: applies to civil and criminal claims, except murder is a way to achieve finality of claims is an affirmative defense all of these options are true statements and a correct response Question 13 (1 point) Negligence is an intentional tort Question 13 options: True False Question 14 (1 point) All tort cases against a law enforcement agency are based on intent, since the subject law enforcement officer had the purposeful action Question 14 options: True False Question 15 (1 point) Before a civil case against a police agency can be heard by a court: Question 15 options: The court must have “subject matter” jurisdiction over the dispute The court must have “personal jurisdiction” over the involved litigants The case must be filed by a plaintiff before the court gets involved All of the above are correct Question 16 (1 point) 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 Question 16 options: True False Question 17 (1 point) If a police officer has no probable cause to search a house, but does so anyway and is later civilly sued by the home owner seeking 1 million dollars under state tort law theory of “invasion of privacy” and also under federal 42 U.S.C. 1983 claim then Question 17 options: Qualified Immunity would protect the police officer and the claims would have to be dismissed The plaintiff would have to carry their burden of proof “beyond a reasonable doubt” This would be a violation of double jeopardy as it is the same type of civil claim This case could be filed in federal court Question 18 (1 point) As to privileges against law suits against law enforcement agencies and their personnel: Question 18 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 above Question 19 (1 point) The only way to get into federal court to sue for a civil cause of action against a Police Department is based on a violation of federal law Question 19 options: True False Question 20 (1 point) 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 Question 20 options: True False
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