Questions and1: Verified
Correct Answers
2025/2026, Exams of Nursing|
Graded A+ Certified Pass
Federal Tort Claims Act (FTCA) - ANSWERS-Law which allows the United States to
be sued for the actions of federal employees within the scope of their
employment. Does not apply to state or local police officers. The United States will
be the proper defendant and can be held liable.
Good Samaritan Act - ANSWERS-This act defines additional circumstances under
which a federal officer might be determined to be in the scope of their
employment. It does not apply to state or local officers
Bivens - ANSWERS-Case authorizes lawsuits against federal agents who
intentionally violate an individuals 4th, 5th, or 8th amendment rights. Must allege
two elements: 1) Violation of Constitutional Right and 2) Person acting under the
color of law
42 USC 1983 - ANSWERS-This statute authorizes civil lawsuits against state and
local officials who violate federally protected rights.
First Amendment - ANSWERS-Free exercise of religion, speech, the press; the right
of peaceful assembly; and to petition the government for redress of grievances.
Fourth Amendment - ANSWERS-No unreasonable searches and seizures. No
warrants issued without probable cause.
Fifth Amendment - ANSWERS-Right to not self-incriminate, no double jeopardy,
not be forced to stand trial without an indictment from a Grand Jury. Ensures Due
Process.
Sixth Amendment - ANSWERS-Right to a speedy and public trial. Right to counsel.
Right to an impartial jury, ability to confront witnesses, compulsory process for
obtaining defense witnesses.
, Eighth Amendment - ANSWERS-No excessive bail, fines, or cruel and unusual
punishments.
Qualified Immunity - ANSWERS-Shields government officials from personal liability
for civil damages provided. Qualified Immunity Eligibility: 1) The force was
constitutional 2) That the law was not clearly established at the time.
18 USC 241 - ANSWERS-This is the federal criminal conspiracy against rights
statute. When two or more agents conspire to deprive a citizen of constitutional
rights, this is the appropriate statute to bring a criminal prosecution.
18 USC 242 - ANSWERS-This statute makes it a crime for any person acting under
color of law, statute, ordinance, regulation, or custom to willfully deprive or cause
to be deprived from any person those rights, privileges, or immunities secured or
protected by the Constitution and laws of the U.S.
Graham Factors - ANSWERS-SIRF: Severity, Immediete Threat, Resisting Arrest,
Attemepting to Evade by Flight
Transactional Immunity - ANSWERS-Protects the witness from prosecution for the
offense or offenses involved.
Use Immunity - ANSWERS-Only protects the witness against the government's use
of his or her immunized testimony in a prosecution of the witness.
Kalkines Immunity - ANSWERS-Government can terminate subject for not
providing statements. Statements will not be used in a criminal case.
Garrity Warnings - 1 -Government advises suspects of rights in employee
investigations. Cannot be fired solely for invoking 5th Amendment
Culture - ANSWERS-Any kind of idea, belief, technology, habit or practice aquired
through learning from others and is trasmitted from generation to generation