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QUESTION 1
Most criminal offenses are made and enforced at
the state level.
True
False
5 points Save Answer
QUESTION 2
The Constitution of the United States prohibits states
from adopting laws that are not identical with laws previously adopted by other
states.
True
False
5 points Save Answer
QUESTION 3
The problem with common law crimes such as rape,
burglary, and arson is that their definition limits the scope of their
use.
True
False
5 points Save Answer
QUESTION 4
The supreme court of one state is not bound by the
decisions of the supreme court of another state, even where the supreme court
of the other state has already interpreted the exact same language in an identical
statute passed by its state legislature.
True
False
5 points Save Answer
QUESTION 5
To be valid and enforceable, criminal laws must
specifically describe the conduct that is prohibited, and declare its
commission to be a crime.
True
False
5 points Save Answer
QUESTION 6
Under modern statutory arson laws, a person who blows
up a building using gasoline can be charged with arson, but a person who uses
dynamite cannot.
True
False
5 points Save Answer
QUESTION 7
Volunteer fire companies can be considered to be
independent private-sector entities for some purposes, but be engaged in a
public-sector function for others.
True
False
5 points Save Answer
QUESTION 8
The U.S. Constitution requires that all juries in the
United States must have twelve jurors.
True
False
5 points Save Answer
QUESTION 9
The federal government is said to be a government of
limited powers, with most jurisdictional power left to the states.
True
False
5 points Save Answer
QUESTION 10
The term common law refers to judge-made law that
developed in England.
True
False
5 points Save Answer
QUESTION 11
A criminal defense that calls into question the
fairness of police conduct, where the conduct of law enforcement personnel
would be likely to induce a normally law-abiding person to commit the offense,
is called
extortion.
entrapment.
due process.
diminished capacity.
5 points Save Answer
QUESTION 12
In which of the following situations would
self-defense be valid criminal defense?
Able calls Baker and threatens to kill him the next
time they see each other. Baker immediately goes to Able's house and kills
him.
Able is hiding in the bushes waiting for Baker to
collect money owed. Baker sees Able, sneaks up behind him, and shoots
him.
Able confronts Baker on a street and says he wants to
fight. Baker takes out a gun and shoots Able.
Able breaks into Baker's house while Baker is
sleeping. Baker wakes up, Able tries to strike Baker with a club, and Baker
shoots Able.
5 points Save Answer
QUESTION 13
The exclusionary rule does not apply to exclude
evidence that is seized in violation of the Fourth and Fourteenth Amendments if
the
defendant is really guilty.
evidence is overwhelming.
defendant lacks standing.
defendant committed the same crime within the past 10
years.
5 points Save Answer
QUESTION 14
A basic premise of collective bargaining is that both
sides must bargain in good faith. Bargaining in good faith requires both
parties to make a concession or change a position.
1.
Both statements are true.
2.
The first statement is true; the second is
false.
3.
The first statement is false; the second is
true.
4.
Both statements are false.
5 points Save Answer
QUESTION 15
A fire department allows firefighters who have a
medical condition that prohibits them from shaving to wear beards and retain
their jobs provided they submit medical documentation from their physician of
their medical condition. Can this fire department lawfully prohibit
firefighters from wearing beards for religious reasons?
Yes
No
Maybe
I haven't bought the book therefore I have no
idea.
5 points Save Answer
QUESTION 16
A firefighter who refuses to respond to a certain type
of facility in his or her community due to religious beliefs
1.
must be accommodated, preferably with a transfer to a
different station that does not respond to such a facility.
2.
must be accommodated by being allowed to remain off
the objectionable property.
3.
need not be accommodated and may even be terminated.
4.
none of the above.
5 points Save Answer
QUESTION 17
A plea of ____ is neither admitting nor denying the
commission of the crime but agreeing that the evidence is sufficient to
establish guilt.
guilty
guilty but I had no choice
not guilty
nolo contendere
5 points Save Answer
QUESTION 18
All of the following are elements of negligence
except
an act or omission.
last clear chance.
breach of the standard of care.
damages.
5 points Save Answer
QUESTION 19
An example of a type of permitted contact with another
person that would not be considered battery is
socially acceptable contact such as a tap on the
shoulder.
contact that is consented to.
jostling and bumping on a crowded subway.
all the above
5 points Save Answer
QUESTION 20
Contracts between fire departments, fire districts,
and municipalities to provide for assistance in the event of an emergency are
called
1.
mutual aid agreements.
2.
mutual compacts.
3.
special aid agreements.
4.
emergency assistance contracts.
5 points Save Answer
QUESTION 21
In a negligence case where the professional standard
of care is an issue, evidence of the standard of care could include
testimony of expert witnesses.
learned treatises.
industrywide standards.
All the above
5 points Save Answer
QUESTION 22
In the aftermath of large-loss-of-life fires such as
the Beverly Hills Supper Club fire and the Hamlet, North Carolina, chicken
processing plant fire, governmental actors find themselves subject to lawsuits.
One of the emerging legal protections that such governmental actors have is not
based on sovereign immunity or statutory immunity, but rather is based upon
the
public duty doctrine.
lack of funds.
insurance waiver doctrine.
Fireman's Rule.
5 points Save Answer
QUESTION 23
One of the most significant differences between
employment in the public sector versus private sector is the fact that ____ is
applicable to public employees who have a property interest in their
employment.
1.
collective bargaining
2.
civil service
3.
due process
4.
arbitration
5 points Save Answer
QUESTION 24
Sexual harassment is a form of gender-based sex
discrimination prohibited by the Title VII of the Civil Rights Act of 1964.
Sexual harassment includes unwelcome sexual advances, requests for sexual
favors, and verbal or physical conduct of a sexual nature, when submission to
or rejection of this conduct affects an individual's employment, unreasonably
interferes with an individual's work performance, or creates an intimidating,
hostile, or offensive work environment.
1.
Both statements are true.
2.
The first statement is true; the second is
false.
3.
The first statement is true; the second is
false.
4.
Both statements are false.
5 points Save Answer
QUESTION 25
Sexual harassment of men by other men can occur, as
can harassment of women by other women, and harassment of men by women.
However, a person╒s sexual orientation is highly relevant in such cases, as by
definition heterosexual men cannot be guilty of sexually harassing other
heterosexual men.
1.
Both statements are true.
2.
The first statement is true; the second is
false.
3.
The first statement is false; the second is
true.
4.
Both statements are false.
5 points Save Answer
QUESTION 26
Statutory immunity
is another name for sovereign immunity.
arises when legislatures enact laws that provide
immunity protection.
is not real immunity protection.
leaves fire departments vulnerable to lawsuits.
5 points Save Answer
QUESTION 27
The Volunteer Protection Act of 1997 provides
individuals who volunteer with immunity from negligence suits, but does not
include protection for gross negligence, recklessness, or intentional acts, nor
does it offer protection for suits arising out of the operation of a motor
vehicle. The Volunteer Protection Act also provides immunity protection for the
charitable organization.
Both statements are true.
The first statement is true; the second is
false.
The first statement is false; the second is
true.
Both statements are false.
5 points Save Answer
QUESTION 28
The ____ is a defense to lawsuits filed by
firefighters and police officers who are injured in the line of duty, against
persons who (1) negligently caused the incident to which they responded, or (2)
negligently create a dangerous condition at the scene that caused their
injuries.
assumption of risk doctrine
Fireman's Rule
last clear chance doctrine
landowner's homestead rule
5 points Save Answer
QUESTION 29
The legal term referring to the fact that the act in
question was the legal cause of the harm that resulted is
legal cause.
causality.
approximate cause.
proximate cause.
5 points Save Answer
QUESTION 30
The rights of public-sector firefighters to bargain
collectively are primarily governed by ____ law.
1.
federal
2.
state
3.
local
4.
common
5 points Save Answer
QUESTION 31
The term tort is a general term for
a civil wrong.
a petty crime.
carelessness.
damages.
5 points Save Answer
QUESTION 32
The tort of battery is
placing another in apprehension of imminent
contact.
an intentional unpermitted contact with another
person.
willful, wanton striking of another, resulting in
bodily injury.
an example of carelessness.
5 points Save Answer
QUESTION 33
There are ____ distinct torts that fall under the
umbrella of invasion of privacy.
two
four
