LMPT Exam 1
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1. Identify the elements, applicability, An act/action performed by an officer under the
and scope of 42 U.S.C. § 1983 and the color of the law violates someone's constitutional
Bivens Analogy. rights.
42 U.S.C. 1983 applies only to state and local offi-
cers.
Bivens applies to federal officers.
2. Recognize incidents of potential civil 1. Physical Harm to Person
liability for Federal Law Enforcement 2. Damage to Property
Officers under state
tort theories and the FTCA protection Negligent Torts & Intentional Torts
from individual liability.
FLEO Defense: Scope of Employment
3. Recognize the most common inci- 1.Arrests and Searches without Probable Cause
dents of civil liability for Federal Law 2. Knowingly Submitting False or Misleading Affi-
Enforcement Officers davits for Warrants
under Bivens and the defense of 3. Excessive Use of Force
qualified immunity. 4. Failure to Intervene
4. What does the Fourth Amendment The Fourth Amendment protects people from un-
protect? reasonable searches and seizure of their persons
and properties.
5. What rights does the Fifth Amend- The Fifth Amendment includes the rights to be
ment guarantee? free from compelled self-incriminating testimony,
to have felony cases presented to juries for indict-
ments, to be free of double jeopardy, and to enjoy
the fundamental fairness of due process.
6.
, LMPT Exam 1
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What rights are guaranteed by the The Sixth Amendment guarantees the defendant
Sixth Amendment? rights at trial, including a speedy and public trial,
an impartial jury, the right to be informed of the
charges, to confront witnesses, to subpoena wit-
nesses, and to have the assistance of counsel.
7. What does the Eighth Amendment The Eighth Amendment protects the defendant
protect against? from excessive bail or cruel and unusual punish-
ment.
8. Identify the following unprotected Fighting words are personally abusive epithets
speech: fighting words, advocacy of which, when addressed to the ordinary citizen, are
imminent lawless action, reasonably likely to provoke a violent reaction. More
expression creating a clear and pre- than profanity, they are an invitation to fight.
sent danger, and true threats, ob-
scenity, fraudulent misrepresenta- True threats have common characteristics. They ex-
tion. press a present determination or intent to hurt
someone, now or in the future.
Advocating Imminent Lawless Action must be direct-
ed to inciting or producing imminent lawless action
and must be likely to incite or produce lawlessness.
(saying brake the law and people actual following
along)
Creating a Clear and Present Danger: Comments
that place the public in fear of an impending peril
are punishable. (saying I have a Bomb on an air-
plane)
Obscenity: appeals to prurient interests (lustful or
sexual)
, LMPT Exam 1
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Fraudulent misrepresentation: Fraud, libel, slander
and perjury
9. Identify the powers of the legislative, Legislative (Congress): Makes laws
executive, and judicial branches of
the U.S. government. Executive (President): Enforces Laws
Judicial (Courts): Interprets Laws
10. What rights are guaranteed by the Freedom of religion, freedom of speech, freedom of
First Amendment? the press, and the right to assemble peaceably and
to petition the government.
11. What does the Fourth Amendment Unreasonable government searches and seizures.
prohibit?
12. What protections does the Fifth Double Jeopardy, Self-incrimination, grand jury,
Amendment provide? Due Process,
13. What rights are guaranteed by the Speedy trial, confrontation of witnesses, power to
Sixth Amendment? subpoena, right to counsel, and being informed of
the charges.
14. What does the Eighth Amendment Excessive fines/bond and cruel and unusual pun-
protect against? ishments.
15. What does the Fourteenth Amend- Incorporates the fundamental rights found in the
ment do? Bill of Rights and makes them applicable to the
states.
16. Identify where (the forum) that the Public forums are where the people have tradi-
people have the most protection ex- tionally exercised First Amendment freedoms. They
ercising their first traditionally include public streets, sidewalks, and
amendment rights and how the gov- parks.
Study online at https://quizlet.com/_guob1k
1. Identify the elements, applicability, An act/action performed by an officer under the
and scope of 42 U.S.C. § 1983 and the color of the law violates someone's constitutional
Bivens Analogy. rights.
42 U.S.C. 1983 applies only to state and local offi-
cers.
Bivens applies to federal officers.
2. Recognize incidents of potential civil 1. Physical Harm to Person
liability for Federal Law Enforcement 2. Damage to Property
Officers under state
tort theories and the FTCA protection Negligent Torts & Intentional Torts
from individual liability.
FLEO Defense: Scope of Employment
3. Recognize the most common inci- 1.Arrests and Searches without Probable Cause
dents of civil liability for Federal Law 2. Knowingly Submitting False or Misleading Affi-
Enforcement Officers davits for Warrants
under Bivens and the defense of 3. Excessive Use of Force
qualified immunity. 4. Failure to Intervene
4. What does the Fourth Amendment The Fourth Amendment protects people from un-
protect? reasonable searches and seizure of their persons
and properties.
5. What rights does the Fifth Amend- The Fifth Amendment includes the rights to be
ment guarantee? free from compelled self-incriminating testimony,
to have felony cases presented to juries for indict-
ments, to be free of double jeopardy, and to enjoy
the fundamental fairness of due process.
6.
, LMPT Exam 1
Study online at https://quizlet.com/_guob1k
What rights are guaranteed by the The Sixth Amendment guarantees the defendant
Sixth Amendment? rights at trial, including a speedy and public trial,
an impartial jury, the right to be informed of the
charges, to confront witnesses, to subpoena wit-
nesses, and to have the assistance of counsel.
7. What does the Eighth Amendment The Eighth Amendment protects the defendant
protect against? from excessive bail or cruel and unusual punish-
ment.
8. Identify the following unprotected Fighting words are personally abusive epithets
speech: fighting words, advocacy of which, when addressed to the ordinary citizen, are
imminent lawless action, reasonably likely to provoke a violent reaction. More
expression creating a clear and pre- than profanity, they are an invitation to fight.
sent danger, and true threats, ob-
scenity, fraudulent misrepresenta- True threats have common characteristics. They ex-
tion. press a present determination or intent to hurt
someone, now or in the future.
Advocating Imminent Lawless Action must be direct-
ed to inciting or producing imminent lawless action
and must be likely to incite or produce lawlessness.
(saying brake the law and people actual following
along)
Creating a Clear and Present Danger: Comments
that place the public in fear of an impending peril
are punishable. (saying I have a Bomb on an air-
plane)
Obscenity: appeals to prurient interests (lustful or
sexual)
, LMPT Exam 1
Study online at https://quizlet.com/_guob1k
Fraudulent misrepresentation: Fraud, libel, slander
and perjury
9. Identify the powers of the legislative, Legislative (Congress): Makes laws
executive, and judicial branches of
the U.S. government. Executive (President): Enforces Laws
Judicial (Courts): Interprets Laws
10. What rights are guaranteed by the Freedom of religion, freedom of speech, freedom of
First Amendment? the press, and the right to assemble peaceably and
to petition the government.
11. What does the Fourth Amendment Unreasonable government searches and seizures.
prohibit?
12. What protections does the Fifth Double Jeopardy, Self-incrimination, grand jury,
Amendment provide? Due Process,
13. What rights are guaranteed by the Speedy trial, confrontation of witnesses, power to
Sixth Amendment? subpoena, right to counsel, and being informed of
the charges.
14. What does the Eighth Amendment Excessive fines/bond and cruel and unusual pun-
protect against? ishments.
15. What does the Fourteenth Amend- Incorporates the fundamental rights found in the
ment do? Bill of Rights and makes them applicable to the
states.
16. Identify where (the forum) that the Public forums are where the people have tradi-
people have the most protection ex- tionally exercised First Amendment freedoms. They
ercising their first traditionally include public streets, sidewalks, and
amendment rights and how the gov- parks.
