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LMPT Test 1Questions With Complete Solutions
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10/6/24, 2:37 AMJeremiah
LMPT Test 1
Terms in this set (76)
What branch of government does the DOI Executive branch
fall under?
Who writes the laws? Legislative branch
Who enforces the laws? Executive Branch
Who interprets the laws? Judicial Branch
The powers not delegated to the United States by the Constitution, nor prohibited
What is the 10th amendment?
by it to the States, are reserved to the States respectively, or to the people.
What is the definition of qualified The officers defense to stand trial in a civil case for a constitutional tort. (Qualified
immunity? immunity is not an available defense in a criminal case).
Use may reduce the need for a higher force options, use must be objectively
What is important to remember with the
reasonable in consideration of the governmental interest, all other Graham factors
use of intermediate weapons?
apply.
Congress has legislative regulatory power over property belonging to the US
What is the property clause?
example: parks, refuges, forests.
Power to regulate channels of interstate commerce, power to regulate the
What is the commerce clause? instrumentalities of commerce, power to regulate local activities that impact
interstate commerce.
-severity of the crime
-whether the suspect poses an immediate threat
What are the four primary Graham factors?
-whether the suspect is actively resisting arrest
-whether the suspect is attempting to flee
-Number of suspects and cops
-size, age, condition of officer
What are the OTHER Graham factors? -duration of action
-whether force applied resulted in injury
-history of suspect
What are federal statutes of general Applicable anywhere, assault on a federal officer, bribery, conspiracy, embezzlement
application? all right right
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Double Jeopardy; Protection from Self incrimination, grand jury
No person shall be held for a capital or otherwise infamous crime (felony), unless on
a presentment of indictment of a grand jury ........ nor shall any person be subject for
5th Amendment
the same offense to be twice put in jeopardy of life or limb, nor shall be compelled
in any criminal case to be a witness against himself, nor be deprived of life liberty or
property, without due process of law, nor shall private property be taken for public
use without just compensation
Freedom of Religion, Speech, Press, Assembly, and Petition
Congress shall pass no law respecting an establishment of religion, or prohibiting
1st Amendment
the free exercise thereof: or abridging the freedom of speech, or of the press, of the
right of the people to peaceably assemble, and to petition the government for a
redress or grievance
Protection against Unreasonable Search and Seizure
The right of the people to be secure in their persons, houses, papers, and a fax,
4th Amendment against unreasonable searches and seizures, shall not be violated, and no warrants
shall be issued, but upon probable cause, supported by oath or affirmation, and
particularly describing the place to be searched and the persons or things to be
seized
The right to a Speedy trial, The right to confront witnesses, right to subpoena
witnesses, write to assistance counsel, right to be informed of nature of charges
The accused shall enjoy the right to a speedy and public trial, by an impartial jury of
6th Amendment
the state and district where in the crime shall have been committed, to be informed
of the nature and cause of the accusation, to be confronted with the witnesses
against him, to have compulsory process for obtaining witnesses in his favor, and to
have the assistance of counsel for his defense
No cruel and unusual punishment, no excessive bail
8th Amendment
Excessive bail shall not be required, nor excessive finds imposed, nor cruel and a
unusual punishments inflicted
-speech
-Written word
What are different types of expression?
-gestures
-symbolic acts
-fighting words
-True threats
What are different types of unprotected -advocating imminent lawlessness action
speech? -speech constituting a clear and present danger
-obscenity
-fraudulent misrepresentation
What are the different ways that the -Time
government can Curtale expression in an -place
area? -manner
What are two questions that help establish -Was the use of force constitutional?
qualified immunity? -was the law clearly established?
LMPT Test 1
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