DPSST BP429 Midterm Test Questions with Correct Answers Graded A+
Civil Law is?
A. Rights of Individuals
B. Crimes & Punishments
C. Civilian's Law
D. Is Civil - Answers Rights of Individuals
Criminal Law is?
A. Rights of Individuals
B. Crimes & Punishments
C. Fruit of the Crime
D. Law for Criminals - Answers Crimes & Punishments
Case law only applies to criminal law.
A. True
B. False - Answers False,
Case law applies to both Civil and Criminal Law
Civil Law or Criminal Law? (Burden of Proof)
- Plaintiff (civilian)
- "Proof by a preponderance of the evidence"
- "Liable" or Responsible" - Answers Civil Law
Civil Law or Criminal Law? (Burden of Proof)
,- Government's Responsibility
- "Proof beyond a reasonable doubt"
- "Guilty" - Answers Criminal Law
Civil Law or Criminal Law? (Remedy)
- "Found Liable"
- Damages sought (typically financial) - Answers Civil Law
Civil Law or Criminal Law? (Remedy)
- "Found Guilty"
- Sentenced (Incarceration, fines, etc.) - Answers Criminal Law
What describes the potential responsibility for payment of damages, and sometimes for other court-
enforced conditions, in a civil "lawsuit."
A. Cultural Competence
B. Civil Liability
C. Traffic Crash
D. Cultural Humility - Answers Civil Liability
Is this Tort Negligence or Intentional Tort?
- A personal injury that results from an automobile crash, where the "at fault" driver was negligent for
texting while driving, and consequently collided with a vehicle in an intersection who had the right of
way. - Answers Tort Negligence
Is this Tort Negligence or Intentional Tort?
,- "assault" and/or "battery." Here things get interesting; "assault" is also the name of a crime. There are
actually many torts, the names of which also describe crimes. - Answers Intentional Tort
What are the four requirements for a successful Tort Claim? - Answers - Legal Duty Owed
- Breach of Duty
- Damage resulting in injury
- Proof of cause and effect
Case Law makes it clear that it is the only means by which a plaintiff may sue an officer, for example,
employed by a public body, for a tort.
A. True
B. False - Answers False,
The Oregon Tort Claims Act
What is Indemnity Protection? (the Oregon Tort Claims Act)
- - Answers
What Act is this?
- exercised power possessed by virtue of state law and made possible only because the wrongdoer is
clothed with the authority of state law
- acting or purporting to act in the performance of official duties under any state, county, or municipal
law, ordinance or regulation - Answers Act Under the Color of Law
What Act is this?
- Comprehensive legislation that is designed to protect individuals with disabilities against
discrimination. - Answers American with Disabilities Act (ADA)
What Act is this?
, - is federal legislation that provides data privacy and security provisions for safeguarding medical
information - Answers HIPAA - Health Insurance Portability and Accountability Act
What is this known as?
Is a legal principle that grants government officials performing discretionary (optional) functions
immunity from civil suits unless the plaintiff shows that the official violated "clearly established statutory
or constitutional rights of which a reasonable person would have known."
A. Qualified Immunity
B. Safe Haven
C. HIPPA
D. ADA - Answers Qualified Immunity
This Two-Part Test Analyzes what?
- Violation of Constitutional or Federally Protected Rights
- Right "clearly established" at the time of alleged violation
A. Qualified Immunity
B. System 1
C. HIPPA
D. The Oregon Tort Claims Act - Answers Qualified Immunity
Is this how the Communication Process works?
1. The sender wants to communicate a message.
2. The sender encodes the message by converting it into words and gestures.
3. The receiver decodes the message by translating it into words and symbols they understand.
Civil Law is?
A. Rights of Individuals
B. Crimes & Punishments
C. Civilian's Law
D. Is Civil - Answers Rights of Individuals
Criminal Law is?
A. Rights of Individuals
B. Crimes & Punishments
C. Fruit of the Crime
D. Law for Criminals - Answers Crimes & Punishments
Case law only applies to criminal law.
A. True
B. False - Answers False,
Case law applies to both Civil and Criminal Law
Civil Law or Criminal Law? (Burden of Proof)
- Plaintiff (civilian)
- "Proof by a preponderance of the evidence"
- "Liable" or Responsible" - Answers Civil Law
Civil Law or Criminal Law? (Burden of Proof)
,- Government's Responsibility
- "Proof beyond a reasonable doubt"
- "Guilty" - Answers Criminal Law
Civil Law or Criminal Law? (Remedy)
- "Found Liable"
- Damages sought (typically financial) - Answers Civil Law
Civil Law or Criminal Law? (Remedy)
- "Found Guilty"
- Sentenced (Incarceration, fines, etc.) - Answers Criminal Law
What describes the potential responsibility for payment of damages, and sometimes for other court-
enforced conditions, in a civil "lawsuit."
A. Cultural Competence
B. Civil Liability
C. Traffic Crash
D. Cultural Humility - Answers Civil Liability
Is this Tort Negligence or Intentional Tort?
- A personal injury that results from an automobile crash, where the "at fault" driver was negligent for
texting while driving, and consequently collided with a vehicle in an intersection who had the right of
way. - Answers Tort Negligence
Is this Tort Negligence or Intentional Tort?
,- "assault" and/or "battery." Here things get interesting; "assault" is also the name of a crime. There are
actually many torts, the names of which also describe crimes. - Answers Intentional Tort
What are the four requirements for a successful Tort Claim? - Answers - Legal Duty Owed
- Breach of Duty
- Damage resulting in injury
- Proof of cause and effect
Case Law makes it clear that it is the only means by which a plaintiff may sue an officer, for example,
employed by a public body, for a tort.
A. True
B. False - Answers False,
The Oregon Tort Claims Act
What is Indemnity Protection? (the Oregon Tort Claims Act)
- - Answers
What Act is this?
- exercised power possessed by virtue of state law and made possible only because the wrongdoer is
clothed with the authority of state law
- acting or purporting to act in the performance of official duties under any state, county, or municipal
law, ordinance or regulation - Answers Act Under the Color of Law
What Act is this?
- Comprehensive legislation that is designed to protect individuals with disabilities against
discrimination. - Answers American with Disabilities Act (ADA)
What Act is this?
, - is federal legislation that provides data privacy and security provisions for safeguarding medical
information - Answers HIPAA - Health Insurance Portability and Accountability Act
What is this known as?
Is a legal principle that grants government officials performing discretionary (optional) functions
immunity from civil suits unless the plaintiff shows that the official violated "clearly established statutory
or constitutional rights of which a reasonable person would have known."
A. Qualified Immunity
B. Safe Haven
C. HIPPA
D. ADA - Answers Qualified Immunity
This Two-Part Test Analyzes what?
- Violation of Constitutional or Federally Protected Rights
- Right "clearly established" at the time of alleged violation
A. Qualified Immunity
B. System 1
C. HIPPA
D. The Oregon Tort Claims Act - Answers Qualified Immunity
Is this how the Communication Process works?
1. The sender wants to communicate a message.
2. The sender encodes the message by converting it into words and gestures.
3. The receiver decodes the message by translating it into words and symbols they understand.
