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1. Creative restitution to substitute victims seems appropriate when the immediate casualties can’t be identified.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Gaining Restitution from Offenders
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CVIV.KARM.20.12.02 – Describe the different types of restitution.
KEYWORDS:
Understand
DATE CREATED:
1/21/2019 9:38 AM
DATE MODIFIED:
1/21/2019 9:38 AM
2. The enactment of the Mandatory Victim Restitution Act of 1996 imposed repayment obligations on all violent
offenders in the federal system.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Gaining Restitution from Offenders
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CVIV.KARM.20.12.02 – Describe the different types of restitution.
KEYWORDS:
Understand
DATE CREATED:
1/21/2019 9:38 AM
DATE MODIFIED:
1/21/2019 9:38 AM
3. Spontaneous acts of revenge were common responses by injured parties and their kin before the idea of restitution was
developed.
a.
True
b.
False
ANSWER:
POINTS:
REFERENCES:
QUESTION TYPE:
HAS VARIABLES:
LEARNING OBJECTIVES:
KEYWORDS:
DATE CREATED:
DATE MODIFIED:
4. Currently, courts in every state have the authority to order restitution.
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a.
True
b.
False
ANSWER:
POINTS:
REFERENCES:
QUESTION TYPE:
HAS VARIABLES:
LEARNING OBJECTIVES:
KEYWORDS:
DATE CREATED:
DATE MODIFIED:
5. One goal of restitution is to ensure that the victims of crimes get repaid.
a.
True
b.
False
ANSWER:
POINTS:
REFERENCES:
QUESTION TYPE:
HAS VARIABLES:
LEARNING OBJECTIVES:
KEYWORDS:
DATE CREATED:
DATE MODIFIED:
6. Reformers promote restitution as a means of rehabilitation.
a.
True
b.
False
ANSWER:
POINTS:
REFERENCES:
QUESTION TYPE:
HAS VARIABLES:
LEARNING OBJECTIVES:
KEYWORDS:
DATE CREATED:
DATE MODIFIED:
7. Although many cases may appear to be appropriate for restitution, case attrition or funneling often occurs instead.
a.
True
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b.
False
ANSWER:
POINTS:
REFERENCES:
QUESTION TYPE:
HAS VARIABLES:
LEARNING OBJECTIVES:
KEYWORDS:
DATE CREATED:
DATE MODIFIED:
8. The government-liability rationale argues that the state is responsible for the safety of its citizens because it reserves the
right to use force to suppress crime and to punish offenders.
a.
True
b.
False
ANSWER:
POINTS:
REFERENCES:
QUESTION TYPE:
HAS VARIABLES:
LEARNING OBJECTIVES:
KEYWORDS:
DATE CREATED:
DATE MODIFIED:
9. Process evaluations of compensation programs focus on internal operations and monitor the variables that characterize
the trends and patterns of the programs’ efforts.
a.
True
b.
False
ANSWER:
POINTS:
REFERENCES:
QUESTION TYPE:
HAS VARIABLES:
LEARNING OBJECTIVES:
KEYWORDS:
DATE CREATED:
DATE MODIFIED:
10. Wrongful death suits enable survivors to collect compensation when the loss of a loved one occurs without
justification or legitimate excuse.
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a.
True
b.
False
ANSWER:
POINTS:
REFERENCES:
QUESTION TYPE:
HAS VARIABLES:
LEARNING OBJECTIVES:
KEYWORDS:
DATE CREATED:
DATE MODIFIED:
11. As an intentional tort, conversion of chattel involves intentional, harmful physical contact that is painful, injurious, or
offensive.
a.
True
b.
False
ANSWER:
POINTS:
REFERENCES:
QUESTION TYPE:
HAS VARIABLES:
LEARNING OBJECTIVES:
KEYWORDS:
DATE CREATED:
DATE MODIFIED:
12. As an intentional tort, trespass refers to the intentional invasion of another person’s land.
a.
True
b.
False
ANSWER:
POINTS:
REFERENCES:
QUESTION TYPE:
HAS VARIABLES:
LEARNING OBJECTIVES:
KEYWORDS:
DATE CREATED:
DATE MODIFIED:
13. As an intentional tort, attachment refers to knowingly stealing or destroying someone’s possessions of property.
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a.
True
b.
False
ANSWER:
POINTS:
REFERENCES:
QUESTION TYPE:
HAS VARIABLES:
LEARNING OBJECTIVES:
KEYWORDS:
DATE CREATED:
DATE MODIFIED:
14. As an intentional tort, false imprisonment is holding a person against his or her will.
a.
True
b.
False
ANSWER:
POINTS:
REFERENCES:
QUESTION TYPE:
HAS VARIABLES:
LEARNING OBJECTIVES:
KEYWORDS:
DATE CREATED:
DATE MODIFIED:
15. Civil actions commence when the plaintiff files a complaint (referred to as a “pleading.”).
a.
True
b.
False
ANSWER:
POINTS:
REFERENCES:
QUESTION TYPE:
HAS VARIABLES:
LEARNING OBJECTIVES:
KEYWORDS:
DATE CREATED:
DATE MODIFIED:
16. Nonfeasance is the allegation that police officers failed to act to protect individuals to whom they owed a special duty,
such as witnesses for the prosecution.
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a.
True
b.
False
ANSWER:
POINTS:
REFERENCES:
QUESTION TYPE:
HAS VARIABLES:
LEARNING OBJECTIVES:
KEYWORDS:
DATE CREATED:
DATE MODIFIED:
17. In 2005, Congress passed legislation that protected gun manufacturers and dealers from suits seeking to hold them
liable for negligence when their weapons were used to commit crimes.
a.
True
b.
False
ANSWER:
POINTS:
REFERENCES:
QUESTION TYPE:
HAS VARIABLES:
LEARNING OBJECTIVES:
KEYWORDS:
DATE CREATED:
DATE MODIFIED:
18. The dangerousness of patients and inmates can be accurately predicted, with few false positives or negatives.
a.
True
b.
False
ANSWER:
POINTS:
REFERENCES:
QUESTION TYPE:
HAS VARIABLES:
LEARNING OBJECTIVES:
KEYWORDS:
DATE CREATED:
DATE MODIFIED:
19. Some insurance policies carry a double indemnity clause that grants survivors twice as much if the policyholder dies
unexpectedly from an accident or crime.
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a.
True
b.
False
ANSWER:
POINTS:
REFERENCES:
QUESTION TYPE:
HAS VARIABLES:
LEARNING OBJECTIVES:
KEYWORDS:
DATE CREATED:
DATE MODIFIED:
20. Because they both punished criminals and compensated victims, notoriety-for-profit laws were accepted without
controversy from their inception.
a.
True
b.
False
ANSWER:
POINTS:
REFERENCES:
QUESTION TYPE:
HAS VARIABLES:
LEARNING OBJECTIVES:
KEYWORDS:
DATE CREATED:
DATE MODIFIED:
21. In the years following the American Revolution, which of these were defined as wrongful acts that harmed specific
persons?
a.
malfeasance
b.
nonfeasance
c.
torts
d.
damages
ANSWER:
POINTS:
REFERENCES:
QUESTION TYPE:
HAS VARIABLES:
LEARNING OBJECTIVES:
KEYWORDS:
DATE CREATED:
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DATE MODIFIED:
22. What is a type of restitution designed to make amends to society as a whole?
a.
Parole
b.
Probation
c.
Reparations
d.
Community service
ANSWER:
d
POINTS:
1
REFERENCES:
Gaining Restitution from Offenders
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CVIV.KARM.20.12.02 – Describe the different types of restitution.
KEYWORDS:
Understand
DATE CREATED:
1/21/2019 9:38 AM
DATE MODIFIED:
1/21/2019 9:38 AM
23. What kind of restitution may be appropriate when the immediate casualties can’t be identified?
a.
Idealistic
b.
Creative
c.
Symbolic
d.
Secondary
ANSWER:
c
POINTS:
1
REFERENCES:
Gaining Restitution from Offenders
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CVIV.KARM.20.12.02 – Describe the different types of restitution.
KEYWORDS:
Understand
DATE CREATED:
1/21/2019 9:38 AM
DATE MODIFIED:
1/21/2019 9:38 AM
24. What kind of restitution happens when offenders, on their own initiative, go beyond what the law asks of them or their
sentences require?
a.
Idealistic
b.
Creative
c.
Symbolic
d.
Secondary
ANSWER:
b
POINTS:
1
REFERENCES:
Gaining Restitution from Offenders
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
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LEARNING OBJECTIVES:
CVIV.KARM.20.12.02 – Describe the different types of restitution.
KEYWORDS:
Understand
DATE CREATED:
1/21/2019 9:38 AM
DATE MODIFIED:
1/21/2019 9:38 AM
25. Prior to the rise of governments and codification of laws, typical responses by injured parties and their kin were
spontaneous acts of:
a.
revenge.
b.
battery.
c.
assault.
d.
violence.
ANSWER:
a
POINTS:
1
REFERENCES:
Gaining Restitution from Offenders
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CVIV.KARM.20.12.02 – Describe the different types of restitution.
KEYWORDS:
Understand
DATE CREATED:
1/21/2019 9:38 AM
DATE MODIFIED:
1/21/2019 9:38 AM
26. In colonial America before the Revolution, criminal acts were handled primarily as:
a.
public wrongdoing.
b.
private conflicts between individuals.
c.
acts against the state with the victim as a witness.
d.
none of these.
ANSWER:
b
POINTS:
1
REFERENCES:
Gaining Restitution from Offenders
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CVIV.KARM.20.12.02 – Describe the different types of restitution.
KEYWORDS:
Understand
DATE CREATED:
1/21/2019 9:38 AM
DATE MODIFIED:
1/21/2019 9:38 AM
27. Currently, U.S. courts have the authority to order restitution:
a.
in all states.
b.
in 10 states.
c.
in 25 states.
d.
in 35 states.
ANSWER:
POINTS:
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REFERENCES:
QUESTION TYPE:
HAS VARIABLES:
LEARNING OBJECTIVES:
KEYWORDS:
DATE CREATED:
DATE MODIFIED:
28. In which state was the earliest community service program established?
a.
New York
b.
South Dakota
c.
North Carolina
d.
Minnesota
ANSWER:
POINTS:
REFERENCES:
QUESTION TYPE:
HAS VARIABLES:
LEARNING OBJECTIVES:
KEYWORDS:
DATE CREATED:
DATE MODIFIED:
29. In ancient societies, what was intended to satisfy a thirst for vengeance as well as to repay losses?
a.
restitution
b.
diversion
c.
fining offenders
d.
retribution
ANSWER:
POINTS:
REFERENCES:
QUESTION TYPE:
HAS VARIABLES:
LEARNING OBJECTIVES:
KEYWORDS:
DATE CREATED:
DATE MODIFIED:
30. Reformers promote restitution as a means of:
a.
repayment to victims.
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b.
rehabilitation of offenders.
c.
mutual reconciliation.
d.
achievement of all these.
ANSWER:
POINTS:
REFERENCES:
QUESTION TYPE:
HAS VARIABLES:
LEARNING OBJECTIVES:
KEYWORDS:
DATE CREATED:
DATE MODIFIED:
31. Just as most criminals escape punishment, most also evade restitution. This phenomenon is sometimes referred to as:
a.
allocution.
b.
diversion.
c.
funneling.
d.
all these.
ANSWER:
POINTS:
REFERENCES:
QUESTION TYPE:
HAS VARIABLES:
LEARNING OBJECTIVES:
KEYWORDS:
DATE CREATED:
DATE MODIFIED:
32. Which of these are alternatives to prosecution?
a.
Allocutions
b.
Diversions
c.
Funnelings
d.
Attritions
ANSWER:
POINTS:
REFERENCES:
QUESTION TYPE:
HAS VARIABLES:
LEARNING OBJECTIVES:
KEYWORDS:
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DATE CREATED:
DATE MODIFIED:
33. After an offender has served a period of incarceration, restitution can be included as a condition of:
a.
probation.
b.
parole.
c.
diversion.
d.
community service.
ANSWER:
POINTS:
REFERENCES:
QUESTION TYPE:
HAS VARIABLES:
LEARNING OBJECTIVES:
KEYWORDS:
DATE CREATED:
DATE MODIFIED:
34. Why are most street crime victims never compensated?
a.
Because the offenders are not caught
b.
Because the offender has little or no income
c.
Because the offender is incarcerated
d.
Because of any and/or all of these reasons
ANSWER:
POINTS:
REFERENCES:
QUESTION TYPE:
HAS VARIABLES:
LEARNING OBJECTIVES:
KEYWORDS:
DATE CREATED:
DATE MODIFIED:
35. Money extracted to penalize wrongdoers and deter others from similar acts is most accurately termed:
a.
punitive damages.
b.
compensatory damages.
c.
pecuniary damages.
d.
fiscal relief.
ANSWER:
POINTS:
REFERENCES:
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QUESTION TYPE:
HAS VARIABLES:
LEARNING OBJECTIVES:
KEYWORDS:
DATE CREATED:
DATE MODIFIED:
36. Money awarded to repay expenses is most accurately called:
a.
punitive damages.
b.
compensatory damages.
c.
pecuniary damages.
d.
fiscal relief.
ANSWER:
POINTS:
REFERENCES:
QUESTION TYPE:
HAS VARIABLES:
LEARNING OBJECTIVES:
KEYWORDS:
DATE CREATED:
DATE MODIFIED:
37. Money awarded to recover lost income is called:
a.
punitive damages.
b.
compensatory damages.
c.
pecuniary damages.
d.
fiscal relief.
ANSWER:
POINTS:
REFERENCES:
QUESTION TYPE:
HAS VARIABLES:
LEARNING OBJECTIVES:
KEYWORDS:
DATE CREATED:
DATE MODIFIED:
38. Which types of lawsuits enable survivors to collect compensation for the loss of a loved one when the loss has
occurred without justification or legitimate excuse?
a.
Wrongful death suits
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b.
Assault suits
c.
Battery suits
d.
Conversion of chattel
ANSWER:
POINTS:
REFERENCES:
QUESTION TYPE:
HAS VARIABLES:
LEARNING OBJECTIVES:
KEYWORDS:
DATE CREATED:
DATE MODIFIED:
39. As an intentional tort, which crime involves intentional, harmful physical contact that is painful, injurious, or
offensive?
a.
conversion of chattel
b.
assault
c.
battery
d.
trespass
ANSWER:
POINTS:
REFERENCES:
QUESTION TYPE:
HAS VARIABLES:
LEARNING OBJECTIVES:
KEYWORDS:
DATE CREATED:
DATE MODIFIED:
40. As an intentional tort, which crime refers to knowingly stealing or destroying someone’s property or possessions?
a.
assault
b.
conversion of chattel
c.
battery
d.
trespass
ANSWER:
POINTS:
REFERENCES:
QUESTION TYPE:
HAS VARIABLES:
LEARNING OBJECTIVES:
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KEYWORDS:
DATE CREATED:
DATE MODIFIED:
41. Suing private enterprises for third-party damages:
a.
never involves accusing the defendant of intentionally harming the plaintiff.
b.
usually involves gross negligence and breach of responsibility.
c.
requires proving that the enterprise did not take sufficient action to prevent a reasonably foreseeable crime.
d.
can accurately be described as having all of these characteristics.
ANSWER:
POINTS:
REFERENCES:
QUESTION TYPE:
HAS VARIABLES:
LEARNING OBJECTIVES:
KEYWORDS:
DATE CREATED:
DATE MODIFIED:
42. In a few states, governments cannot be sued even when negligence has clearly contributed to the commission of
crime, as the agents are protected by:
a.
strict liability.
b.
sovereign immunity.
c.
nonfeasance.
d.
discretionary authority.
ANSWER:
POINTS:
REFERENCES:
QUESTION TYPE:
HAS VARIABLES:
LEARNING OBJECTIVES:
KEYWORDS:
DATE CREATED:
DATE MODIFIED:
43. The allegation that police officers failed to act to protect an individual, such as a witness for the prosecution, to whom
they owed a special duty, is termed:
a.
malfeasance.
b.
nonfeasance.
c.
torts.
d.
damages.
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ANSWER:
POINTS:
REFERENCES:
QUESTION TYPE:
HAS VARIABLES:
LEARNING OBJECTIVES:
KEYWORDS:
DATE CREATED:
DATE MODIFIED:
44. According to the National Crime Victimization Surveys (NCVS), which of these is true?
a.
More people are insured against medical expenses than against property losses.
b.
Medical and dental costs are more devastating than theft or vandalism expenses.
c.
Claims for larger losses are more likely to be reimbursed than for smaller ones.
d.
According to the National Crime Victimization Surveys, all of these are factual.
ANSWER:
POINTS:
REFERENCES:
QUESTION TYPE:
HAS VARIABLES:
LEARNING OBJECTIVES:
KEYWORDS:
DATE CREATED:
DATE MODIFIED:
45. Why have some courts stricken down Son of Sam laws?
a.
They allow criminals to profit from publicizing their crimes.
b.
They can violate the 1st Amendment if not written carefully.
c.
They were never accorded the acceptance of public opinion.
d.
They deny victims’ rights and prevent restitution to victims.
ANSWER:
POINTS:
REFERENCES:
QUESTION TYPE:
HAS VARIABLES:
LEARNING OBJECTIVES:
KEYWORDS:
DATE CREATED:
DATE MODIFIED:
QUESTION TYPE:
Essay
HAS VARIABLES:
False
STUDENT ENTRY MODE:
Basic
obligations on offenders.
46. Restitution takes place whenever injured parties are repaid by the individuals directly responsible for their losses.
Define and discuss restitution, symbolic restitution, and creative restitution. Compare and contrast them.
ANSWER:
Restitution can come in many forms, e.g. financially or through services to the victim.
Community service is an example of a type of restitution that is focused on the community
as a whole. The offender might work in an animal shelter or a senior center. Sometimes
the work is related to the harm; for example, if the offender was charged with animal
cruelty, then services to an animal shelter might help the offender understand more fully
the harm created through his or her crime. This type of community service could be an
example of symbolic restitution if the offender was not able to redress the harm directly to
the victim and substituted the shelter instead. Creative restitution occurs when offenders
take the initiative, surpass the requirements of the law, and perform above and beyond the
victims’expectations. This is the ideal type of restitution, as it demonstrates that the
offender is not only aware of the harm he or she caused, but desires to make amends so
much that the restitution leaves victims better off than they were before the crimes.
POINTS:
1
REFERENCES:
Gaining Restitution from Offenders
QUESTION TYPE:
Essay
HAS VARIABLES:
False
STUDENT ENTRY MODE:
Basic
LEARNING OBJECTIVES:
CVIV.KARM.20.12.02 – Describe the different types of restitution.
KEYWORDS:
Analyze
DATE CREATED:
1/21/2019 9:38 AM
DATE MODIFIED:
1/21/2019 9:38 AM
47. Advocates of restitution claim it is beneficial on a number of fronts. Discuss restitution as a means of rehabilitating
offenders, as a means of reconciling offenders and their victims, and as a means of punishing offenders.
ANSWER:
The United States does not utilize restitution as often as other counts as a sentencing
option, though support of it is growing. It is argued that restitution serves as a form of
rehabilitation, as it forces the offenders to understand the consequences and harm created
by their actions. They must interact directly, either with their victims or with other
similarly situated individuals in cases of symbolic restitution. This allows offenders to
make things right, which can be healing for the offenders as well. It can be a conduit to
reconciling offenders and their victims. It can serve to reduce the desire for revenge, and it
can assist in psychological healing. It is considered a punishment, following incarceration,
by those who argue that offenders have not had to repay the victim and society directly,
and hence have avoided their true responsibility; and that this punishment may serve to
deter them from offending again. This argument is somewhat flawed, however, as it does
not recognize that the majority of individuals in prison are there for street crimes and are
often poor. Allowing only individuals of means to have this as a sentencing option would
violate the 14th Amendment. Having individuals pay restitution for many years due to their
limited incomes may extend the punishment beyond what is reasonable, and moreover will
POINTS:
1
REFERENCES:
Gaining Restitution from Offenders
KEYWORDS:
Apply
DATE CREATED:
1/21/2019 9:38 AM
KEYWORDS:
Evaluate
DATE CREATED:
1/21/2019 9:38 AM
DATE MODIFIED:
1/21/2019 9:38 AM
48. Growing numbers of victims have discovered that they can pursue their alleged offenders and their own best interests
via lawsuits in civil court. Describe and explain at least three of the torts that a crime victim can bring to court.
ANSWER:
Wrongful death lawsuits allow the families of homicide victims to collect compensation
for the loss of a loved one without justification or legitimate excuse, and also for assault,
which includes acts threatening enough to cause fear of immediate bodily harm.
Conversion of chattel lawsuits are cases wherein the victim accuses the offender of
stealing or destroying the victim’s property or possessions through the crimes of theft or
embezzlement. Another example of a type of intentional tort that crime victims can bring
to civil court is false imprisonment, wherein the victims allege that the offenders held them
against their will. This tort has been used in hostage-taking cases, as well as in rape cases.
POINTS:
1
REFERENCES:
Winning Judgments in Civil Court
QUESTION TYPE:
Essay
HAS VARIABLES:
False
STUDENT ENTRY MODE:
Basic
LEARNING OBJECTIVES:
CVIV.KARM.20.12.05 – Explain the opportunities and drawbacks of civil
lawsuits.
KEYWORDS:
Analyze
DATE CREATED:
1/21/2019 9:38 AM
DATE MODIFIED:
1/21/2019 9:38 AM
49. Lawsuits against businesses can take many forms. Explain three examples of possible lawsuits against businesses and
some of the difficulties in taking this form of action.
ANSWER:
When an individual sues a business, it cannot be on the basis of intentional harm, as the
executives who operate the business probably never met the victim, and thus intent cannot
be established. Instead, the victim alleges that the company acted with gross negligence
and breach of responsibility, which created the conditions that made the incident
predictable. Some examples include: tenants who sue a landlord that failed to fix a gas
leak, and consequently someone became ill; customers who sue banks that do not take
precautions, resulting in the customers’ being robbed; and students and/or parents who sue
colleges that fail to install lighting in parking lots on their property, and a student is
assaulted. In all of these possible lawsuits, the attorney must demonstrate that the
defendant disregarded complaints, did not post any warnings, chose not to fix the problem,
and did not provide what would have been expected by community standards.
POINTS:
1
REFERENCES:
Winning Judgments in Civil Court
QUESTION TYPE:
Essay
HAS VARIABLES:
False
STUDENT ENTRY MODE:
Basic
LEARNING OBJECTIVES:
CVIV.KARM.20.12.05 – Explain the opportunities and drawbacks of civil
lawsuits.
DATE MODIFIED:
1/21/2019 9:38 AM
50. Describe two of the torts that can be brought to court by someone who suffered damages at the hands of a government
agency, and explain what the victim would have to prove in order to be successful.
ANSWER:
The charge against government agencies tends to be centered on gross negligence. In these
court cases, the victim is arguing that the government agency abused its discretionary
authority through inaction or incompetence. A few states require the plaintiff to
demonstrate that the gross negligence was clearly related to the crime at hand; this is
called the doctrine of sovereign immunity. One type of tort is called nonfeasance, wherein
the plaintiffs allege that the police failed to protect them and they were owed a special
duty—for example, as witnesses for the prosecution in a serious case. Another type of tort
is wrongful escape, wherein the victim argues that a department of corrections did not
adequately supervise a prisoner, or through an administrative error released a prisoner,
who then caused harm.
POINTS:
1
REFERENCES:
Winning Judgments in Civil Court
QUESTION TYPE:
Essay
HAS VARIABLES:
False
STUDENT ENTRY MODE:
Basic
LEARNING OBJECTIVES:
CVIV.KARM.20.12.05 – Explain the opportunities and drawbacks of civil
lawsuits.
KEYWORDS:
Analyze
DATE CREATED:
1/21/2019 9:38 AM
DATE MODIFIED:
1/21/2019 9:38 AM