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Exam 1_Version 2

A visual representation of a courtroom with scales of justice, symbols of the U.S. Constitution, and police officers engaged in a discussion about civil rights and tort laws.

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

20 Questions5 MinutesCreated by LegalEagle23

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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