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