©BRIGHTSTARS EXAM SOLUTIONS
11/17/2024 10:19 AM
LMPT Test 1 Exam Questions And Answers
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What branch of government does the DOI fall under? - answer✔Executive branch
Who writes the laws? - answer✔Legislative branch
Who enforces the laws? - answer✔Executive Branch
Who interprets the laws? - answer✔Judicial Branch
What is the 10th amendment? - answer✔The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the
people.
What is the definition of qualified immunity? - answer✔The officers defense to stand trial in a
civil case for a constitutional tort. (Qualified immunity is not an available defense in a criminal
case).
What is important to remember with the use of intermediate weapons? - answer✔Use may
reduce the need for a higher force options, use must be objectively reasonable in consideration
of the governmental interest, all other Graham factors apply.
What is the property clause? - answer✔Congress has legislative regulatory power over property
belonging to the US example: parks, refuges, forests.
What is the commerce clause? - answer✔Power to regulate channels of interstate commerce,
power to regulate the instrumentalities of commerce, power to regulate local activities that
impact interstate commerce.
What are the four primary Graham factors? - answer✔-severity of the crime
-whether the suspect poses an immediate threat
-whether the suspect is actively resisting arrest
-whether the suspect is attempting to flee
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, ©BRIGHTSTARS EXAM SOLUTIONS
11/17/2024 10:19 AM
What are the OTHER Graham factors? - answer✔-Number of suspects and cops
-size, age, condition of officer
-duration of action
-whether force applied resulted in injury
-history of suspect
What are federal statutes of general application? - answer✔Applicable anywhere, assault on a
federal officer, bribery, conspiracy, embezzlement all right right
5th Amendment - answer✔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 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
1st Amendment - answer✔Freedom of Religion, Speech, Press, Assembly, and Petition
Congress shall pass no law respecting an establishment of religion, or prohibiting 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
4th Amendment - answer✔Protection against Unreasonable Search and Seizure
The right of the people to be secure in their persons, houses, papers, and a fax, 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
6th Amendment - answer✔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
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