If a person's Eighth Amendment rights are violated by an FBI agent acting under color of law, a claim may be brought:
a. under 1983
b. directly under the Constitution (a Bivens claim)
c. under 1983 and directly under the Constitution (a Bivens claim)
d. none of the above; the claim is brought under the Tucker Act
Q. #2What are the three exceptions to the strict scrutiny standard in alienage cases?
What will be an ideal response?
Q. #3Explain the differences between a freehold and non-freehold estate.
What will be an ideal response?
Q. #4The Little Tucker Act provides federal district courts concurrent jurisdiction in certain cases with the Claims Court when the amount in controversy is under:
a. 10,000
b. 15,000
c. 20,000
d. 25,000
Q. #5To what does the term bundle of rights refer?
What will be an ideal response?
Q. #6Which of the following rights within the Bill of Rights officially has not been incorporated and applied to the states through the Fourteenth Amendment?
A) The right to counsel
B) The right to a trial by jury in felony cases
C) The right to a grand jury indictment
D) The right against double jeopardy
Q. #7Under the Federal Tort Claims Act, law enforcement officers are currently immunized against:
a. false arrest
b. battery
c. assault
d. deceit
Q. #8What is a fixture? Give examples of items that are fixtures and those that may or may not be fixtures, and explain why.
What will be an ideal response?
Q. #9Official immunity gives public officials ________ immunity for the performance of ________ acts.
a. absolute; ministerial
b. qualified; ministerial
c. absolute; discretionary
d. qualified; discretionary
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