SCCJA Unit 1
1776 - correct answer-Declaration of Independence
1787 - correct answer-Drafting of the Constitution
1788 - correct answer-Ratification with Bill of Rights added
1791 - correct answer-Ratification of Bill of Rights
Separation of Powers - correct answer-System of checks and balances that ensure no
branch of the government becomes too strong, accomplished by forcing all the branches to
interact and rely on each other.
Legislative Branch - correct answer-Makes laws, Article I
Executive Branch - correct answer-Enforces laws, Article II
Judicial Branch - correct answer-Interprets laws, Article III
1st Amendment - correct answer-Freedom of: Religion, speech, press, peaceful
assembly/protest
4th Amendment - correct answer-Implies that right to privacy is inherent. Freedom from
unreasonable searches and seizures. Requires probable cause, particular descriptions, and
an oath for the issuance of a warrant.
5th Amendment - correct answer-Requires a grand jury for capital or infamous crimes.
Freedom from double jeopardy and self-incrimination. Ensures due process.
6th Amendment - correct answer-Ensures: Speedy and public trial, impartial jury in proper
venue, knowledge of charges, confrontation of witnesses, ability to obtain favorable
witnesses, assistance of defense attorney.
14th Amendment - correct answer-Made the BoR applicable to the states. Before the 14th,
Supreme Court decisions only applied to Federal agents, afterwards all Supreme Court
decisions applied to both Federal and state LE. Brought uniformity to application of due
process.
US Supreme Court - correct answer-Article III of Constitution. Court of last resort. Judicial
Review. President nominates all justices, including position of Chief Justice, and they must
be confirmed by a majority of the senate. 9 justices. Receive and dispose approx. 5,000
cases a year, and grant certiorari to about 150 cases. Term begins the first Monday of
October and ends in late June or early July.
, Due process - correct answer-No law will be unreasonable, arbitrary, or capricious and the
means selected to enforce that law shall have a reasonable and substantial relation to the
object being sought to be achieved by that law or process. FUNDAMENTAL FAIRNESS
Civil Liability - correct answer-Responsibility that an officer must bear for damages or injuries
that the officer has caused another person to suffer
Tort - correct answer-A civil wrong, other than a breach of contract, for which the court will
provide a remedy in the form of an action for damages
Negligence - correct answer-Failure to do what a reasonable officer would be expected to do
under the circumstances. Established by determining: Was a duty owed? Did the officer
breach that duty? Did that failure cause the injury?
Plaintiff - correct answer-Person who files or initiates a lawsuit
Municipal Liability - correct answer-"Deep Pockets Liability" is shown when an agency has a
policy (pattern, or practice) that was the cause of the injury. "Policy" can be written or
unwritten
Direct Liability - correct answer-Officer caused the injury or harm and is being sued as the
defendant
Indirect Liability - correct answer-Allows the court to impose legal responsibility on a superior
officer or an agency not directly at fault for the injury. Liability is founded on the relationship
between the officer and the supervisor/agency. Respondeat superior tort.
Vicarious Liability - correct answer-Showing a link between the supervisor's conduct and the
officer's actions. Failure to train, failure to supervise, and failure to discipline.
Absolute Immunity - correct answer-Applies to judges and legislators, freeing them from
liability in performing their duties
Sovereign Immunity - correct answer-Protects the state. SC Tort Claims Act made it so that
SC was open to limited liability.
Qualified Immunity - correct answer-"Limited immunity", applies to LE so that they do not
need to have a crystal ball in order to predict the changes in law. Will not qualify for immunity
if: Violated a constitutional right, that right was clearly established, and in the context of the
situation if any reasonable officer would have known their actions were violating the right.
Defensive use of force - correct answer-Person v. Person
Use of force for control - correct answer-State v. Person
Use of force considerations - correct answer-The severity of the crime, whether the suspect
posed an immediate threat to the safety of the officer or others, and whether the suspect
actively resisted arrest or attempted to evade arrest by flight
1776 - correct answer-Declaration of Independence
1787 - correct answer-Drafting of the Constitution
1788 - correct answer-Ratification with Bill of Rights added
1791 - correct answer-Ratification of Bill of Rights
Separation of Powers - correct answer-System of checks and balances that ensure no
branch of the government becomes too strong, accomplished by forcing all the branches to
interact and rely on each other.
Legislative Branch - correct answer-Makes laws, Article I
Executive Branch - correct answer-Enforces laws, Article II
Judicial Branch - correct answer-Interprets laws, Article III
1st Amendment - correct answer-Freedom of: Religion, speech, press, peaceful
assembly/protest
4th Amendment - correct answer-Implies that right to privacy is inherent. Freedom from
unreasonable searches and seizures. Requires probable cause, particular descriptions, and
an oath for the issuance of a warrant.
5th Amendment - correct answer-Requires a grand jury for capital or infamous crimes.
Freedom from double jeopardy and self-incrimination. Ensures due process.
6th Amendment - correct answer-Ensures: Speedy and public trial, impartial jury in proper
venue, knowledge of charges, confrontation of witnesses, ability to obtain favorable
witnesses, assistance of defense attorney.
14th Amendment - correct answer-Made the BoR applicable to the states. Before the 14th,
Supreme Court decisions only applied to Federal agents, afterwards all Supreme Court
decisions applied to both Federal and state LE. Brought uniformity to application of due
process.
US Supreme Court - correct answer-Article III of Constitution. Court of last resort. Judicial
Review. President nominates all justices, including position of Chief Justice, and they must
be confirmed by a majority of the senate. 9 justices. Receive and dispose approx. 5,000
cases a year, and grant certiorari to about 150 cases. Term begins the first Monday of
October and ends in late June or early July.
, Due process - correct answer-No law will be unreasonable, arbitrary, or capricious and the
means selected to enforce that law shall have a reasonable and substantial relation to the
object being sought to be achieved by that law or process. FUNDAMENTAL FAIRNESS
Civil Liability - correct answer-Responsibility that an officer must bear for damages or injuries
that the officer has caused another person to suffer
Tort - correct answer-A civil wrong, other than a breach of contract, for which the court will
provide a remedy in the form of an action for damages
Negligence - correct answer-Failure to do what a reasonable officer would be expected to do
under the circumstances. Established by determining: Was a duty owed? Did the officer
breach that duty? Did that failure cause the injury?
Plaintiff - correct answer-Person who files or initiates a lawsuit
Municipal Liability - correct answer-"Deep Pockets Liability" is shown when an agency has a
policy (pattern, or practice) that was the cause of the injury. "Policy" can be written or
unwritten
Direct Liability - correct answer-Officer caused the injury or harm and is being sued as the
defendant
Indirect Liability - correct answer-Allows the court to impose legal responsibility on a superior
officer or an agency not directly at fault for the injury. Liability is founded on the relationship
between the officer and the supervisor/agency. Respondeat superior tort.
Vicarious Liability - correct answer-Showing a link between the supervisor's conduct and the
officer's actions. Failure to train, failure to supervise, and failure to discipline.
Absolute Immunity - correct answer-Applies to judges and legislators, freeing them from
liability in performing their duties
Sovereign Immunity - correct answer-Protects the state. SC Tort Claims Act made it so that
SC was open to limited liability.
Qualified Immunity - correct answer-"Limited immunity", applies to LE so that they do not
need to have a crystal ball in order to predict the changes in law. Will not qualify for immunity
if: Violated a constitutional right, that right was clearly established, and in the context of the
situation if any reasonable officer would have known their actions were violating the right.
Defensive use of force - correct answer-Person v. Person
Use of force for control - correct answer-State v. Person
Use of force considerations - correct answer-The severity of the crime, whether the suspect
posed an immediate threat to the safety of the officer or others, and whether the suspect
actively resisted arrest or attempted to evade arrest by flight
