Week 6 Flashcards Preview

CODC > Week 6 > Flashcards

Flashcards in Week 6 Deck (42):
1

Under the 4th Amendment deadly force is considered a:

Seizure

2

"Objective Reasonableness" is base on:

1. Scope of Intrusion
2. Manner of Intrusion
3. Place Occurred

(All of the above)

3

Municipalities lost their sovereign immunity based on:

City of Pinellas v. Brown

4

Under negligent hiring, employers have duties associated with proper hiring processes and ways to breach those duties include:

1. Employer failed to look into the background.
2. Employer test was required and applicant failed to meet the required standard and was not eliminated.

(All of the above or a and b)

5

When an employer fails to investigate/discipline an employee who demonstrates an unwillingness to perform the functions of their job, the employer could be charged with:

1. Deliberate Indifference
2. Negligent Retention

(All of the Above)

6

The probationary period establishes _________________________________ to establish standards needed to be held by trainee.

The necessity of a valid performance appraisal system

7

In order to file a negligent hiring claim the following must be proven:

1. An employment relationship
2. The employees incompetence or predisposition
3. The employers actual or constructive knowledge of incompetence
4. The employers act or omission causing the injury

(All of the above)

8

The agency has a duty to provide adequate training to complete job task, therefore, failure to train is considered a custom or practice if:

1. In failing to train was the supervisor deliberately indifferent?
2. Would a reasonable person know this failure was deliberately indifferent?
3. Inadequate training by the supervisor casually related to the constitutional infringement by the subordinate

(All of the above)

9

The requirement for an agency to prevent or disallow an employees use of the equipment or materials they are not qualified to use is called:

Negligent Entrustment

10

Reasons for use of force:

Affect arrest
Prevent escape
Self defense
Protection of another

(All of the Above)

11

The factors used to evaluate claims of excessive force which does not fall under the Fourteenth Amendment are:

The training of the officer in policy and procedure does not apply and is not a factor

12

Under the 8th Amendment, what considerations under cruel and unusual punishment:

Has nothing do with fleeing felons

Actual considerations:
Presence/absence of bad faith
Amount of force
Did action shock conscience
Extent of injury

13

The training of the officer is one of the factors the courts use to determine what is reasonable to public safety in vehicle pursuits. T or F?

False

14

Inspections are NOT an example of progressive discipline. T or F?

True.

15

Stigma can be attached toward any cause for firing, except:

Probationary period... can only say the employee did not pass probation.

16

An example of a violation of an employee privacy issue tort is:

Unreasonable publication of private facts

17

Which amendment protects people against unreasonable search and seizures?

4th Amendment

18

In construction of rules and regulations, when developing policies and procedures, the standard to meet is:

1. They are work related.
2. Clear enough so an ordinary employee would understand.

(Both a and b)

19

Policies can regulate:

Hair
Jewelry
Differentiating appearance between male and female

(All of the above)

20

The hiring of an employee who is not qualified, a conscious choice to retain an employee who is not qualified to retain the position and the creation of a policy that insulates management from knowledge that an employee is incompetent to perform the duties assigned, are examples of:

Deliberate Indifference

21

A NON-NECESSARY component of "under color of law" is:

Use of Force

22

The burden of proof in a civil liability case includes:

1. That there was a legal duty
2. That there was a breach of that duty
3. That the breach was the proximate cause
4. That there was an injury to the plaintiff

(All of the above)

23

What is "standard of care"?

How a reasonable, prudent person would act under the circumstances.

24

Foreseeability:

Consequences of an action that a reasonable person would have known would cause harm.

25

ADA definition or disability

A physical or mental impairment that substantially limits one or more of the major life activities of an individual AND a pattern or record of having such impairment.

26

Submission is a term of employment, interferes with the ability to perform the function of their job, must be unwanted and may not necessarily be a male/female horse playing or telling sex jokes are all examples of:

Title 7 Sexual Harassment

27

Under FSLA which class of employee is covered?

Law Enforcement Employees

28

Under FSLA the maximum number of comp time hours allowed is:

480

29

The ban of discrimination applies to all phases of the employee/employer relationship, including:

Refuse to hire
Discharge
Segregate/Deprive Employee

(All of the Above)

30

The statute of limitation under FSLA for a WILLFUL violation is:

3 Years

31

What can you ask under the ADA?

Can you perform the job related function?

32

Define negligence.

A breach of a legal duty owed to the plaintiff by an action of the defendant which is the proximate cause of an injury to the plaintiff that falls below a reasonable standard of care.

33

Under EEOC Title 7 1972 applied to employers with ____ or more employees.

15

34

Safety rules under FSLA DO NOT include:

Injury to the public and excessive force

35

A pattern or record of having impairment is NOT a defense to discrimination charges with ADA. T or F?

True

36

Personality traits are covered under the ADA. T or F?

False

37

When dealing with complaints, which complaints should be investigated?

All complaints should be accepted including those which are anonymous, third party or transmitted via email.

38

The easier it is to file complaints correlates to acceptance by the community and the media of rational department responses and often depends on:

How easy it is to file complaints

39

What are the two components of the just cause standard?

1. Did the employee commit an offense or engage in misconduct that warrants discipline?
2. Was the level of discipline imposed fair, impartial and consistent?

40

How many types of due process are there if the property or liberty interest is established?

2

41

Unless specifically granted by a state statute (LEO Bill of Rights) the LEO is not entitled to be represented by an attorney during disciplinary interview or interrogation. What landmark case decided this?

Weingarten

42

What is the difference between derivative and transactional immunity?

Transactional immunity is broad and covers the entire incident while derivative immunity only covers specific parts of incidents.