FLETC Written Exam #2 Questions and Correct Answers

FLETC Written Exam #2 Questions and Correct Answers Crime - Answer -Act or omission (failure to act), prohibited by law and punishable by government Tort - Answer -A civil wrong, other than breach of contract, for which the court will provide a remedy in the form of money damages and/or injunction Common Law (State Law) Torts - Answer -Negligent Torts Intentional Torts Strict Liability Constitutional Torts - Answer -42 U.S.C. 1983 Bivens Action 42 U.S.C. 1983 - Answer -Applies to state and local LEOs, not federal LEOs An act under color of law of a state, territory, or the District of Columbia depriving any person of a constitutional or federal legal right, privilege or immunity (specific intent not required) Bivens - Answer -SCOTUS granted private right of action for monetary damages where no other federal remedy is provided It grants civil remedy which applies to federal officers but only for violations of 4th, 5th, and 8th amendments Seizure - Answer -A governmental termination of movement by a means intentionally applied Qualified Immunity - Answer -Protects officers from individual civil liability; officer must have acted reasonably and in good faith; conduct must not violate clearly established Constitutional or statutory right that a reasonable LEO knew or should know Elements of a Negligent Tort - Answer -Legal duty of care, breach of that duty, causation, and damages Causation in fact - Answer -If act hadn't happened, injury wouldn't have happened Proximate cause - Answer -Intended to cut off damages when liability is too far removed from actElements of an Intentional Tort - Answer -An act done with intent to cause damages Federal Tort Claims Act - Answer -Partial waiver of sovereign immunity; United States has retained sovereign immunity for claims based on: execution of statute or regulation, even if invalid discretionary functions detention of goods Public Health Service medical treatment Purpose is to compensate injured persons and to protect federal employees--->provides protection when federal employees are negligent but acting within scope of their employment Strict Liability - Answer -Whether one knows it or not, they are still responsible Elements of a crime - Answer -Act, state of mind, punishment Burden of proof at criminal trial - Answer -Beyond a reasonable doubt Intent - Answer -mens rea; strict liability, general intent, specific intent General Intent - Answer -Intent (doing the act), identified with words like 'knowingly' Specific Intent - Answer -Defendant specifically intended consequences of his action, identified with words like 'premeditated', 'willfully', 'purposely' Motive - Answer -Why defendant committed the crime; not an element of crime but current exceptions are hate crimes and terrorism Attempt - Answer -Intent to commit a crime and an act that constitutes a substantial steps towards the commission of the crime Felony - Answer -Max penal