Question 1

Which of the following does assumption of the risk argue?

Accepted Answer

A)   the plaintiff was partially at fault for her or his injuries
B)   the defendant was partially at fault for the plaintiff's injuries
C)   the defendant and the plaintiff are both at fault for the plaintiff's injuries.
D)   the plaintiff knew or should have known of the risk involved, or had actual knowledgeE) All of the above
F) None of the above

Question 2

Which of the following are the three defenses to negligent tort actions discussed in the text?

Accepted Answer

A)   breach of duty, proximate cause, and false occurrence of actual injury
B)   contributory negligence, comparative negligence, and proximate cause
C)   contributory negligence, comparative negligence, and assumption of the risk
D)   none of the aboveE) All of the above
F) B) and C) C

Question 3

The authority to perform duties always creates a legal duty to perform them with reasonable care.

Accepted Answer

A) True 
 B)False

Question 4

There is no general civil duty to prevent a crime.

Accepted Answer

A) True 
 B)False

Question 5

Which of the following are examples of areas of potential negligence in criminal justice?

Accepted Answer

A)   wrongful death, malicious prosecution, and inadequate defense
B)   wrongful death, failure to protect, and malicious prosecution
C)   wrongful death, failure to protect, and inadequate defense
D)   none of the aboveE) A) and C)
F) A) and D)

Question 6

Which of the following is true about proximate cause?

Accepted Answer

A)   Proximate cause is an area of potential negligence.
B)   Proximate cause is a possible defense against negligent tort actions.
C)   Proximate cause is the direct factual link between the act of negligence and the plaintiff's injury.
D)   All of the aboveE) All of the above
F) B) and D) C

Question 7

What does contributory negligence argue?

Accepted Answer

A)   the plaintiff was partially at fault for her or his injuries
B)   the defendant was partially at fault for the plaintiff's injuries
C)   the defendant and the plaintiff are both at fault for the plaintiff's injuries.
D)   the plaintiff knew or should have known of the risk involved, or had actual knowledgeE) A) and B)
F) B) and C)

Question 8

Which of the following is true of failure to protect torts?

Accepted Answer

A)   Police have a duty to prevent a crime and are liable for not doing so.
B)   Police have a duty to protect those under their control and custody and are liable for not doing so.
C)   Police do not have a duty to protect those under their control and custody and are therefore not liable for doing so.
D)   All of the above are true.E) B) and C)
F) All of the above

Question 9

Negligence is based on which of the following?

Accepted Answer

A)   contributory negligence and comparative negligence
B)   punitive damages and nominal damages
C)   the existence of a duty and a breach of that duty
D)   proximate cause and occurrence of actual injuryE) B) and D)
F) A) and B)

Question 10

Slight-gross-rule comparative negligence is a type of comparative negligence law that bars recovery unless the plaintiff's negligence slight in comparison to the defendant's negligence.

Accepted Answer

A) True 
 B)False

Question 11

What are the four elements necessary to prove negligence in a negligence tort claim?

Accepted Answer

A)   legal duty, breach of legal duty, proximate causation, and an actual injury
B)   legal duty, breach of legal duty, contributory negligence, and an actual injury
C)   legal duty, breach of legal duty, contributory negligence, and comparative negligence
D)   contributory negligence, comparative negligence, assumptions of risk, and an actual injuryE) All of the above
F) A) and D)

Question 12

What constitutes negligent operation of emergency vehicles in most states?

Accepted Answer

A)   negligence as a result of a violation of the agency's pursuit policy
B)   negligence in high speed pursuit cases
C)   operating a police vehicle in a reckless manner
D)   all of the aboveE) All of the above
F) A) and B)

Question 13

A plaintiff suing a federal officer must base her or his action on which of the following?

Accepted Answer

A)   Title 42, U.S. Code §1983
B)   The Federal Tort Claims Act
C)   The Violent Crime Control and Law Enforcement Act
D)   None of the aboveE) A) and B)
F) A) and C)

Question 14

Which of the following two categories of people require special duty?

Accepted Answer

A)   prisoners and individuals in mental institutions
B)   adult prisoners and juvenile offenders
C)   mentally disabled individuals and individuals under the influence of drugs or alcohol
D)   mentally disabled individuals and childrenE) B) and C)
F) All of the above

Question 15

What does comparative negligence argue?

Accepted Answer

A)   the plaintiff was partially at fault for her or his injuries
B)   the defendant was partially at fault for the plaintiff's injuries
C)   the defendant and the plaintiff are both at fault for the plaintiff's injuries.
D)   the plaintiff knew or should have known of the risk involved, or had actual knowledgeE) A) and B)
F) B) and D) C

Question 16

The three types of remedies in tort actions are compensatory damages, punitive damages, and proximate cause damages.

Accepted Answer

A) True 
 B)False

Question 17

Which of the following is true of wrongful death torts?

Accepted Answer

A)   When a death occurs in police intervention, transport, or custody, a wrongful death case is likely to result.
B)   Wrongful death torts may also claim that the criminal justice agency conspired to cause the death of the deceased and/or covered up the death with an inadequate internal investigation.
C)   Wrongful death torts can include denial of medical care for a prisoner.
D)   All of the above are true.E) A) and B)
F) B) and C)

Question 18

Which of the following is true of false arrest and imprisonment?

Accepted Answer

A)   False arrest and imprisonment is an example of an intentional tort.
B)   False arrest and imprisonment only applies to police officers.
C)   Officers who fail to thoroughly investigate a correct residence will automatically be held liable for false arrest and imprisonment.
D)   All of the above are true.E) All of the above
F) B) and D)

Question 19

Which of the following is true of a Bivens action?

Accepted Answer

A)   A Bivens action can be brought against the federal government.
B)   A Bivens action cannot be brought against the federal government.
C)   A Bivens action can only be brought against the state employees.
D)   A Bivens action can only be brought against a state government.E) None of the above
F) A) and B)

Question 20

Under the Federal Tort Claims Act, certain state claims against federal agents can also be filed in a federal court of law.

Accepted Answer

A) True 
 B)False

Exam 3: Civil Liability Under State and Federal Tort Law

Which of the following does assumption of the risk argue?

Correct AnswerverifiedShow Answer

Which of the following are the three defenses to negligent tort actions discussed in the text?

Correct AnswerverifiedC

The authority to perform duties always creates a legal duty to perform them with reasonable care.

Correct AnswerverifiedShow Answer

There is no general civil duty to prevent a crime.

Correct AnswerverifiedShow Answer

Which of the following are examples of areas of potential negligence in criminal justice?

Correct AnswerverifiedShow Answer

Which of the following is true about proximate cause?

Correct AnswerverifiedC

What does contributory negligence argue?

Correct AnswerverifiedShow Answer

Which of the following is true of failure to protect torts?

Correct AnswerverifiedShow Answer

Negligence is based on which of the following?

Correct AnswerverifiedShow Answer

Slight-gross-rule comparative negligence is a type of comparative negligence law that bars recovery unless the plaintiff's negligence slight in comparison to the defendant's negligence.

Correct AnswerverifiedShow Answer

What are the four elements necessary to prove negligence in a negligence tort claim?

Correct AnswerverifiedShow Answer

What constitutes negligent operation of emergency vehicles in most states?

Correct AnswerverifiedShow Answer

A plaintiff suing a federal officer must base her or his action on which of the following?

Correct AnswerverifiedShow Answer

Which of the following two categories of people require special duty?

Correct AnswerverifiedShow Answer

What does comparative negligence argue?

Correct AnswerverifiedC

The three types of remedies in tort actions are compensatory damages, punitive damages, and proximate cause damages.

Correct AnswerverifiedShow Answer

Which of the following is true of wrongful death torts?

Correct AnswerverifiedShow Answer

Which of the following is true of false arrest and imprisonment?

Correct AnswerverifiedShow Answer

Which of the following is true of a Bivens action?

Correct AnswerverifiedShow Answer

Under the Federal Tort Claims Act, certain state claims against federal agents can also be filed in a federal court of law.

Correct AnswerverifiedShow Answer

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C

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C

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C

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