TORT LAW PRACTICE TEST
PREPARATION QUESTIONS
WITH COMPLETE SOLUTIONS
Private persons under Color of Law - Answer- Private individuals can act under color of
law if they engage in concert with law enforcement in violating civil rights.
Constitutional Torts - Answer- Civil actions that can be taken against the government
and its employees for violations of civil rights.
42 U.S.C. §1983 - Answer- A statute that provides a civil cause of action against state
and local law enforcement officers who deprive an individual of any civil right while
acting under color of law.
Civil Rights Violations - Answer- State and local law enforcement officers can be sued in
federal court for violations of civil rights.
Elements of 42 U.S.C. §1983 - Answer- An act under color of law of a state, territory, or
the District of Columbia depriving any person of rights, privileges, or immunities secured
by the Constitution or federal laws.
Bivens Actions - Answer- A federal cause of action equivalent to a 1983 action,
established in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics
(USSC - 1971).
Arrests and Searches Without Probable Cause - Answer- The Courts ask whether a
reasonable officer could have believed the arrest or search to be lawful in light of clearly
established law and the information the arresting officer possessed.
Knowingly Submitting False or Misleading Affidavits for Search or Arrest Warrants -
Answer- Perjury, testimony in reckless disregard for the truth, or omission of material
facts.
Excessive Force - Answer- Objective reasonableness and no 20/20 hindsight.
Failure to Intervene When Excessive Force is Used - Answer- Officers have affirmative
duty to intercede. A present officer who fails to intercede is liable.
Qualified Immunity Criteria - Answer- An officer may or may not be entitled to qualified
immunity depending on whether the officer's conduct (as alleged) violated plaintiff's
, constitutional rights and if the constitutional right was clearly established in law at the
time of conduct.
State-Law Torts - Answer- Unlike Constitutional torts, state-law torts are those principles
of civil liability that exist only under the laws of the states.
Negligence Tort - Duty - Answer- The scope of one's responsibility to act reasonably so
as not to place others in peril. Officers have a duty to act consistent with what a
reasonable officer in their position would do in light of the facts and circumstances
known to the officer at that time.
Negligence Tort - Affirmative Duty - Answer- Officers do not have an affirmative legal
duty to act, except when: assuring a caller that the officer is responding to a request for
assistance, custodial situations, or acting negligently when there is no affirmative duty to
act.
Negligence Tort - Breach of Duty - Answer- Failing to act with the applicable standard of
care - i.e., acting unreasonably. Ask 'What would a reasonable officer have done under
the same or similar circumstances?'
Negligence Tort - Breach of Duty Evidence - Answer- Shown by proving that care was
below the standard established by custom or usage, a violation of a pertinent statute, or
a violation of agency policies and practices.
Causation - Answer- The defendant's act that breached the duty of care must be the
cause of the plaintiff's damages. Actual causation and legal (proximate) causation.
Intentional Torts - Answer- Elements are similar to negligence except that act that
causes damages must be willful and intentional.
Battery - Answer- A harmful or offensive contact with the plaintiff's person by the
defendant.
Assault - Answer- A reasonable apprehension of fear in the plaintiff of an immediate
harmful or offensive contact with his person by the defendant.
False Imprisonment - Answer- The defendant's confining or restraining the plaintiff to a
bounded area.
False Arrest - Answer- A special category of false imprisonment involving the invalid
use of the defendant's legal authority to confine the plaintiff.
Purpose of the FTCA - Answer- To provide injured persons an exclusive remedy and to
protect federal employees who commit state negligent or intentional torts while within
scope of employment.
PREPARATION QUESTIONS
WITH COMPLETE SOLUTIONS
Private persons under Color of Law - Answer- Private individuals can act under color of
law if they engage in concert with law enforcement in violating civil rights.
Constitutional Torts - Answer- Civil actions that can be taken against the government
and its employees for violations of civil rights.
42 U.S.C. §1983 - Answer- A statute that provides a civil cause of action against state
and local law enforcement officers who deprive an individual of any civil right while
acting under color of law.
Civil Rights Violations - Answer- State and local law enforcement officers can be sued in
federal court for violations of civil rights.
Elements of 42 U.S.C. §1983 - Answer- An act under color of law of a state, territory, or
the District of Columbia depriving any person of rights, privileges, or immunities secured
by the Constitution or federal laws.
Bivens Actions - Answer- A federal cause of action equivalent to a 1983 action,
established in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics
(USSC - 1971).
Arrests and Searches Without Probable Cause - Answer- The Courts ask whether a
reasonable officer could have believed the arrest or search to be lawful in light of clearly
established law and the information the arresting officer possessed.
Knowingly Submitting False or Misleading Affidavits for Search or Arrest Warrants -
Answer- Perjury, testimony in reckless disregard for the truth, or omission of material
facts.
Excessive Force - Answer- Objective reasonableness and no 20/20 hindsight.
Failure to Intervene When Excessive Force is Used - Answer- Officers have affirmative
duty to intercede. A present officer who fails to intercede is liable.
Qualified Immunity Criteria - Answer- An officer may or may not be entitled to qualified
immunity depending on whether the officer's conduct (as alleged) violated plaintiff's
, constitutional rights and if the constitutional right was clearly established in law at the
time of conduct.
State-Law Torts - Answer- Unlike Constitutional torts, state-law torts are those principles
of civil liability that exist only under the laws of the states.
Negligence Tort - Duty - Answer- The scope of one's responsibility to act reasonably so
as not to place others in peril. Officers have a duty to act consistent with what a
reasonable officer in their position would do in light of the facts and circumstances
known to the officer at that time.
Negligence Tort - Affirmative Duty - Answer- Officers do not have an affirmative legal
duty to act, except when: assuring a caller that the officer is responding to a request for
assistance, custodial situations, or acting negligently when there is no affirmative duty to
act.
Negligence Tort - Breach of Duty - Answer- Failing to act with the applicable standard of
care - i.e., acting unreasonably. Ask 'What would a reasonable officer have done under
the same or similar circumstances?'
Negligence Tort - Breach of Duty Evidence - Answer- Shown by proving that care was
below the standard established by custom or usage, a violation of a pertinent statute, or
a violation of agency policies and practices.
Causation - Answer- The defendant's act that breached the duty of care must be the
cause of the plaintiff's damages. Actual causation and legal (proximate) causation.
Intentional Torts - Answer- Elements are similar to negligence except that act that
causes damages must be willful and intentional.
Battery - Answer- A harmful or offensive contact with the plaintiff's person by the
defendant.
Assault - Answer- A reasonable apprehension of fear in the plaintiff of an immediate
harmful or offensive contact with his person by the defendant.
False Imprisonment - Answer- The defendant's confining or restraining the plaintiff to a
bounded area.
False Arrest - Answer- A special category of false imprisonment involving the invalid
use of the defendant's legal authority to confine the plaintiff.
Purpose of the FTCA - Answer- To provide injured persons an exclusive remedy and to
protect federal employees who commit state negligent or intentional torts while within
scope of employment.
