DPSST BP429 MIDTERM EXAM 2025/2026| REAL EXAM QUESTIONS| COMPLETE QUESTIONS AND VERIFIED SOLUTIONS| GUARANTEED SUCCESS

Terms in this set (222) Civil Law is? A. Rights of Individuals B. Crimes & Punishments C. Civilian's Law D. Is Civil Rights of Individuals Criminal Law is? A. Rights of Individuals B. Crimes & Punishments C. Fruit of the Crime D. Law for Criminals Crimes & Punishments Case law only applies to criminal law. A. True B. False False, Case law applies to both Civil and Criminal Law Civil Law or Criminal Law? (Burden of Proof) - Plaintiff (civilian) - "Proof by a preponderance of the evidence" - "Liable" or Responsible" Civil Law Civil Law or Criminal Law? (Burden of Proof) - Government's Responsibility - "Proof beyond a reasonable doubt" - "Guilty" Criminal Law Civil Law or Criminal Law? (Remedy) - "Found Liable" - Damages sought (typically financial) Civil Law Civil Law or Criminal Law? (Remedy) - "Found Guilty" - Sentenced (Incarceration, fines, etc.) Criminal Law What describes the potential responsibility for payment of damages, and sometimes for other court-enforced conditions, in a civil "lawsuit." A. Cultural Competence B. Civil Liability C. Traffic Crash D. Cultural Humility Civil Liability Is this Tort Negligence or Intentional Tort? - A personal injury that results from an automobile crash, where the "at fault" driver was negligent for texting while driving, and consequently collided with a vehicle in an intersection who had the right of way. Tort Negligence Is this Tort Negligence or Intentional Tort? - "assault" and/or "battery." Here things get interesting; "assault" is also the name of a crime. There are actually many torts, the names of which also describe crimes. Intentional Tort What are the four requirements for a successful Tort Claim? - Legal Duty Owed - Breach of Duty - Damage resulting in injury - Proof of cause and effect Case Law makes it clear that it is the only means by which a plaintiff may sue an officer, for example, employed by a public body, for a tort. A. True B. False False, The Oregon Tort Claims Act What is Indemnity Protection? (the Oregon Tort Claims Act) - What Act is this? - exercised power possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law - acting or purporting to act in the performance of official duties under any state, county, or municipal law, ordinance or regulation Act Under the Color of Law What Act is this? - Comprehensive legislation that is designed to protect individuals with disabilities against discrimination. American with Disabilities Act (ADA) What Act is this? - is federal legislation that provides data privacy and security provisions for safeguarding medical information HIPAA - Health Insurance Portability and Accountability Act What is this known as? Is a legal principle that grants government officials performing discretionary (optional) functions immunity from civil suits unless the plaintiff shows that the official violated "clearly established statutory or constitutional rights of which a reasonable person would have known." A. Qualified Immunity B. Safe Haven C. HIPPA D. ADA Qualified Immunity This Two-Part Test Analyzes what? - Violation of Constitutional or Federally Protected Rights - Right "clearly established" at the time of alleged violation A. Qualified Immunity B. System 1 C. HIPPA D. The Oregon Tort Claims Act Qualified Immunity Is this how the Communication Process works? 1. The sender wants to communicate a message. 2. The sender encodes the message by converting it into words and gestures. 3. The receiver decodes the message by translating it into words and symbols they understand. 4. The receiver provides feedback to the sender, letting them know the message was received and processed as intended. True or False True Is this Verbal, Para-Verbal or Non-Verbal Communication? - What we say. - The spoken (and written) word Verbal