SCCJA Unit 1 Quiz with complete solution
1776
Declaration of Independence
1787
Drafting of the Constitution
1788
Ratification with Bill of Rights added
1791
Ratification of Bill of Rights
Separation of Powers
System of checks and balances that ensure no branch of the government becomes too
strong, accomplished by forcing all the branches to interact and rely on each other.
Legislative Branch
Makes laws, Article I
Executive Branch
Enforces laws, Article II
Judicial Branch
Interprets laws, Article III
1st Amendment
Freedom of: Religion, speech, press, peaceful assembly/protest
4th Amendment
Implies that right to privacy is inherent. Freedom from unreasonable searches and
seizures. Requires probable cause, particular descriptions, and an oath for the issuance
of a warrant.
5th Amendment
Requires a grand jury for capital or infamous crimes. Freedom from double jeopardy
and self-incrimination. Ensures due process.
6th Amendment
Ensures: Speedy and public trial, impartial jury in proper venue, knowledge of charges,
confrontation of witnesses, ability to obtain favorable witnesses, assistance of defense
attorney.
14th Amendment
Made the BoR applicable to the states. Before the 14th, Supreme Court decisions only
applied to Federal agents, afterwards all Supreme Court decisions applied to both
Federal and state LE. Brought uniformity to application of due process.
US Supreme Court
Article III of Constitution. Court of last resort. Judicial Review. President nominates all
justices, including position of Chief Justice, and they must be confirmed by a majority of
the senate. 9 justices. Receive and dispose approx. 5,000 cases a year, and grant
certiorari to about 150 cases. Term begins the first Monday of October and ends in late
June or early July.
Due process
No law will be unreasonable, arbitrary, or capricious and the means selected to enforce
that law shall have a reasonable and substantial relation to the object being sought to
be achieved by that law or process. FUNDAMENTAL FAIRNESS
, Civil Liability
Responsibility that an officer must bear for damages or injuries that the officer has
caused another person to suffer
Tort
A civil wrong, other than a breach of contract, for which the court will provide a remedy
in the form of an action for damages
Negligence
Failure to do what a reasonable officer would be expected to do under the
circumstances. Established by determining: Was a duty owed? Did the officer breach
that duty? Did that failure cause the injury?
Plaintiff
Person who files or initiates a lawsuit
Municipal Liability
"Deep Pockets Liability" is shown when an agency has a policy (pattern, or practice)
that was the cause of the injury. "Policy" can be written or unwritten
Direct Liability
Officer caused the injury or harm and is being sued as the defendant
Indirect Liability
Allows the court to impose legal responsibility on a superior officer or an agency not
directly at fault for the injury. Liability is founded on the relationship between the officer
and the supervisor/agency. Respondeat superior tort.
Vicarious Liability
Showing a link between the supervisor's conduct and the officer's actions. Failure to
train, failure to supervise, and failure to discipline.
Absolute Immunity
Applies to judges and legislators, freeing them from liability in performing their duties
Sovereign Immunity
Protects the state. SC Tort Claims Act made it so that SC was open to limited liability.
Qualified Immunity
"Limited immunity", applies to LE so that they do not need to have a crystal ball in order
to predict the changes in law. Will not qualify for immunity if: Violated a constitutional
right, that right was clearly established, and in the context of the situation if any
reasonable officer would have known their actions were violating the right.
Defensive use of force
Person v. Person
Use of force for control
State v. Person
Use of force considerations
The severity of the crime, whether the suspect posed an immediate threat to the safety
of the officer or others, and whether the suspect actively resisted arrest or attempted to
evade arrest by flight
Objective Reasonableness
Conduct matched what an average officer would do, based on the facts known at the
time of the incident and not hind-sight knowledge.
Positional Asphyxia
1776
Declaration of Independence
1787
Drafting of the Constitution
1788
Ratification with Bill of Rights added
1791
Ratification of Bill of Rights
Separation of Powers
System of checks and balances that ensure no branch of the government becomes too
strong, accomplished by forcing all the branches to interact and rely on each other.
Legislative Branch
Makes laws, Article I
Executive Branch
Enforces laws, Article II
Judicial Branch
Interprets laws, Article III
1st Amendment
Freedom of: Religion, speech, press, peaceful assembly/protest
4th Amendment
Implies that right to privacy is inherent. Freedom from unreasonable searches and
seizures. Requires probable cause, particular descriptions, and an oath for the issuance
of a warrant.
5th Amendment
Requires a grand jury for capital or infamous crimes. Freedom from double jeopardy
and self-incrimination. Ensures due process.
6th Amendment
Ensures: Speedy and public trial, impartial jury in proper venue, knowledge of charges,
confrontation of witnesses, ability to obtain favorable witnesses, assistance of defense
attorney.
14th Amendment
Made the BoR applicable to the states. Before the 14th, Supreme Court decisions only
applied to Federal agents, afterwards all Supreme Court decisions applied to both
Federal and state LE. Brought uniformity to application of due process.
US Supreme Court
Article III of Constitution. Court of last resort. Judicial Review. President nominates all
justices, including position of Chief Justice, and they must be confirmed by a majority of
the senate. 9 justices. Receive and dispose approx. 5,000 cases a year, and grant
certiorari to about 150 cases. Term begins the first Monday of October and ends in late
June or early July.
Due process
No law will be unreasonable, arbitrary, or capricious and the means selected to enforce
that law shall have a reasonable and substantial relation to the object being sought to
be achieved by that law or process. FUNDAMENTAL FAIRNESS
, Civil Liability
Responsibility that an officer must bear for damages or injuries that the officer has
caused another person to suffer
Tort
A civil wrong, other than a breach of contract, for which the court will provide a remedy
in the form of an action for damages
Negligence
Failure to do what a reasonable officer would be expected to do under the
circumstances. Established by determining: Was a duty owed? Did the officer breach
that duty? Did that failure cause the injury?
Plaintiff
Person who files or initiates a lawsuit
Municipal Liability
"Deep Pockets Liability" is shown when an agency has a policy (pattern, or practice)
that was the cause of the injury. "Policy" can be written or unwritten
Direct Liability
Officer caused the injury or harm and is being sued as the defendant
Indirect Liability
Allows the court to impose legal responsibility on a superior officer or an agency not
directly at fault for the injury. Liability is founded on the relationship between the officer
and the supervisor/agency. Respondeat superior tort.
Vicarious Liability
Showing a link between the supervisor's conduct and the officer's actions. Failure to
train, failure to supervise, and failure to discipline.
Absolute Immunity
Applies to judges and legislators, freeing them from liability in performing their duties
Sovereign Immunity
Protects the state. SC Tort Claims Act made it so that SC was open to limited liability.
Qualified Immunity
"Limited immunity", applies to LE so that they do not need to have a crystal ball in order
to predict the changes in law. Will not qualify for immunity if: Violated a constitutional
right, that right was clearly established, and in the context of the situation if any
reasonable officer would have known their actions were violating the right.
Defensive use of force
Person v. Person
Use of force for control
State v. Person
Use of force considerations
The severity of the crime, whether the suspect posed an immediate threat to the safety
of the officer or others, and whether the suspect actively resisted arrest or attempted to
evade arrest by flight
Objective Reasonableness
Conduct matched what an average officer would do, based on the facts known at the
time of the incident and not hind-sight knowledge.
Positional Asphyxia
