Exam 14: Legal Issues and Liability

Given only the facts stated, determine whether the situations described below reflect circumstances involving vicarious liability (A or B). If not vicarious, indicate whether there is any potential for liability at all (C or D). In other words, every item marked "B" will also have a second answer. -An inmate complains every day that he cannot eat the food on the regular menu because he has a food allergy. He is sent to the doctor, who finds him allergic only to large amounts of milk. Milk products are removed from his diet, but he is still complaining that he needs to be provided with a better grade of meat because of his allergy. He threatens to sue.

A troublesome inmate who has been creating a number of disturbances can be strip-searched randomly to occupy his idle time and keep him in line.

Legal action is initiated by the individual victim. This describes:

Practicing a religion such as satanism can be restricted if it presents a clear danger to the orderly functioning of a correctional institution.

Indicate which of the following is being described in the statements below: -The court can award nominal, compensatory, or punitive damages.

Supporters of the death penalty argue that:

Drug tests can be required of:

During the "hands-off" phase of judicial intervention:

The First Amendment right to freedom of the press protects an inmate's right to receive pornographic material.

Practicing a religion such as satanism can be restricted if it presents a clear danger to the orderly functioning of a correctional institution.

First Amendment freedom of religion rights extend only to the traditional faiths of Catholic, Jewish, and Protestant.

A troublesome inmate who has been creating a number of disturbances can be strip searched randomly to occupy his idle time and keep him in line.

Correspondence with one's attorney can be opened and inspected for contraband in the presence of the inmate.

The censorship of all incoming inmate mail has been upheld by the courts on the basis of the need to maintain institutional security.

An inmate seeks $10 million in damages for being kept on a bread and water diet and held in solitary confinement in violation of due process rights. The court holds the correctional agency liable in the amount of $3.5 million. This describes:

With regard to drug testing, the same due process protections apply to both applicants and employed personnel.

Correctional officials must provide inmates with unrestricted opportunity to exercise their First Amendment right to freedom of religion.

Under the "restrained-hands" phase of judicial intervention, the courts have been attempting to balance _______ with _______. Select the option that makes this statement true when placed in the blanks:

Correspondence with one's attorney cannot be read or censored.

Visitors can be required to submit to a frisk search as a condition of being allowed to visit an inmate.