Exam 1_Version 2
Understanding 42 U.S.C. § 1983 and Torts
Test your knowledge of civil rights, torts, and the Federal Tort Claims Act (FTCA) with this comprehensive quiz. Whether you're a student of law enforcement or simply interested in constitutional rights, this quiz covers important aspects of legal principles.
- Explore the nuances of 42 U.S.C. § 1983
- Understand the implications of torts in civil rights cases
- Review the roles of different branches of government
42 U.S.C 1983 applies to ____________, acting in a government capacity.
Federal Reserve Officers
State & Local LEO
FBI
Citizens
42 USC 1983 is an action, under Color of Law, from depriving any person of a constitutional or civil right
True
False
"Under color of law" means _______.
Rouge officer.
Pretense of authority.
Any federal agent.
None of the above
An officer is involved in a personal dispute, and did not invoke his police powers or use his equipment. Therefore, he is acting "Under Color of Law".
True
False
A tort is ____________
A constitutional power
Jury selection
A civil wrong
A justification
All of the above
Tort actions against the federal government and its employees and agents can generally be classified as unconstitutional
True
False
A plaintiff can sue a government official in their personal and individual capacity for a constitutional tort, under what two separate, but related theories?.
8th Amendment
42 U.S.C. § 1983
BIVENS
Graham v. Conner
The most common constitutional tort action against federal officers is for a Fourth Amendment violation.
True
False
_________________immunity is the officer’s defense to standing trial in a civil case for a constitutional tort.
Sovereign
Absolute
Executive
Qualified
According to the Federal Tort Claims Act (FTCA), ____________ is liable under the local law of the place where the tort occurs for the negligent or wrongful acts or omissions of federal employees within the scope of their employment .
The United States
The Defendant
The AUSA
The LEO
THE FTCA HAS TWO PURPOSES:
Compensation
Protection of 13th Amendment
Protect Federal employees who act within the scope of employment
Attempt to reconcile parties involved in Supreme Court
Under FTCA, The United States can be sued for punitive damages.
True
False
Intentional Torts include____________(select all that apply)
Assault & battery
False imprisonment
False arrest
Malicious prosecution
Which branch proposes, creates, and enacts laws?
Legislative
Executive
Judicial
Which branch implements and enforces laws?
Legislative
Judicial
Executive
Which branch interprets laws?
Executive
Judicial
Legislative
The president can veto a congressional legislation.
True
False
The Commander in Chief approves presidential nominations and controls the budget.
True
False
__________________ nominates judges.
Congress
The president
Grand Jury
All of the above
FTCA shields Federal Law Enforcement officers as long as they are acting in the scope of their employment .
True
False
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