Ch. 11 Civil Process Questions
and Complete Solutions
Graded A+
1.Deprivation of rights "under color of law" is
a. Section 1985, Title 42, U.S. Code.
b. Section 242, Title 18, U.S. Code.
c. Section 241, Title 18, U.S. Code.
d. none of the above. - Answer: b
2. To recover damages against a law enforcement officer under Title 42, U.S. Code, Section 1983, the
plaintiff must prove that
a. the defendant acted under color of federal law.
b. the defendant deprived the plaintiff of some right secured by the Constitution or U.S. laws.
c. the defendant acted intending to do a constitutional injury.
d. state law does not give enough redress against these wrongs. - Answer: b
3.State and local officers are not the only people liable under Section 1983. This law also reaches
a. counties and municipalities.
b. anyone who violates rights guaranteed by state constitutions.
c. anyone who conspires to injure a citizen because of race, color, or national origin.
d. the state itself. - Answer: b
4. The injured party need not show, before suing a law enforce-ment officer under Section 1983, that
a. his or her rights were violated because of his race, color, or national origin.
,b. remedies provided under state law are inadequate to get redress.
c. the officer's unconstitutional behavior was authorized or required by state laws.
d. any of the above. - Answer: d
5. An officer is not liable under Section 1983
a. if he or she did not willfully intend to do constitutional injury.
b. if he or she enforces an unconstitutional law that has not yet been declared unconstitutional, in the
reasonable belief that the statute is valid.
c. if he or she makes an arrest without probable cause and without a warrant, but the victim is later
found guilty of the crime.
d. in any of the above situations. - Answer: b
6. To get a conviction under Section 241, the Department of Justice must show that the defendant
a. conspired with another.
b. acted "under color of law."
c. was a law enforcement officer.
d. was racially motivated. - Answer: a
7. The U.S. Supreme Court says that law enforcement agencies
a. are liable for the unconstitutional behavior of rank-and-file members only when the latter's acts are
done in following official policy, custom, or usage.
b. are immune from Section 1983 liability.
c. are liable for the behavior of rank-and-file members when-ever the latter overstep constitutional
bounds.
d. are liable for the unconstitutional behavior of rank-and-file members only when the latter act willfully.
- Answer: a
, 8. The Fourteenth Amendment to the U.S. Constitution
a. states that all people not born in the United States will never be citizens.
b. prohibits states from depriving any person of life, liberty, or property without due process of law.
c. allows states to make or enforce laws that take away rights, privileges, or immunities of U.S. citizens.
d. freed the slaves. - Answer: b
9. Under state law, torts often brought against officers are either
a. intentional or negligent.
b. accidental or careless.
c. wanton or reckless.
d. abusive or neglectful. - Answer: a
10. Lawsuits against law enforcement officers based on the intentional torts could involve
a. assault.
b. battery.
c. false imprisonment.
d. all of the above. - Answer: d
11. Property owned in common by a husband and wife is known as
a. shared property.
b. separate property.
c. community property.
d. public property. - Answer: c
and Complete Solutions
Graded A+
1.Deprivation of rights "under color of law" is
a. Section 1985, Title 42, U.S. Code.
b. Section 242, Title 18, U.S. Code.
c. Section 241, Title 18, U.S. Code.
d. none of the above. - Answer: b
2. To recover damages against a law enforcement officer under Title 42, U.S. Code, Section 1983, the
plaintiff must prove that
a. the defendant acted under color of federal law.
b. the defendant deprived the plaintiff of some right secured by the Constitution or U.S. laws.
c. the defendant acted intending to do a constitutional injury.
d. state law does not give enough redress against these wrongs. - Answer: b
3.State and local officers are not the only people liable under Section 1983. This law also reaches
a. counties and municipalities.
b. anyone who violates rights guaranteed by state constitutions.
c. anyone who conspires to injure a citizen because of race, color, or national origin.
d. the state itself. - Answer: b
4. The injured party need not show, before suing a law enforce-ment officer under Section 1983, that
a. his or her rights were violated because of his race, color, or national origin.
,b. remedies provided under state law are inadequate to get redress.
c. the officer's unconstitutional behavior was authorized or required by state laws.
d. any of the above. - Answer: d
5. An officer is not liable under Section 1983
a. if he or she did not willfully intend to do constitutional injury.
b. if he or she enforces an unconstitutional law that has not yet been declared unconstitutional, in the
reasonable belief that the statute is valid.
c. if he or she makes an arrest without probable cause and without a warrant, but the victim is later
found guilty of the crime.
d. in any of the above situations. - Answer: b
6. To get a conviction under Section 241, the Department of Justice must show that the defendant
a. conspired with another.
b. acted "under color of law."
c. was a law enforcement officer.
d. was racially motivated. - Answer: a
7. The U.S. Supreme Court says that law enforcement agencies
a. are liable for the unconstitutional behavior of rank-and-file members only when the latter's acts are
done in following official policy, custom, or usage.
b. are immune from Section 1983 liability.
c. are liable for the behavior of rank-and-file members when-ever the latter overstep constitutional
bounds.
d. are liable for the unconstitutional behavior of rank-and-file members only when the latter act willfully.
- Answer: a
, 8. The Fourteenth Amendment to the U.S. Constitution
a. states that all people not born in the United States will never be citizens.
b. prohibits states from depriving any person of life, liberty, or property without due process of law.
c. allows states to make or enforce laws that take away rights, privileges, or immunities of U.S. citizens.
d. freed the slaves. - Answer: b
9. Under state law, torts often brought against officers are either
a. intentional or negligent.
b. accidental or careless.
c. wanton or reckless.
d. abusive or neglectful. - Answer: a
10. Lawsuits against law enforcement officers based on the intentional torts could involve
a. assault.
b. battery.
c. false imprisonment.
d. all of the above. - Answer: d
11. Property owned in common by a husband and wife is known as
a. shared property.
b. separate property.
c. community property.
d. public property. - Answer: c
