LMPT Test 1
What branch of government does the DOI fall under? - correct answer-Executive branch
Who writes the laws? - correct answer-Legislative branch
Who enforces the laws? - correct answer-Executive Branch
Who interprets the laws? - correct answer-Judicial Branch
What is the 10th amendment? - correct 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? - correct 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? - correct 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? - correct answer-Congress has legislative regulatory power
over property belonging to the US example: parks, refuges, forests.
What is the commerce clause? - correct 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? - correct 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
What are the OTHER Graham factors? - correct 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? - correct answer-Applicable anywhere,
assault on a federal officer, bribery, conspiracy, embezzlement all right right
5th Amendment - correct 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 - correct 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 - correct 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 - correct 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
The accused shall enjoy the right to a speedy and public trial, by an impartial jury of 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
8th Amendment - correct answer-No cruel and unusual punishment, no excessive bail
Excessive bail shall not be required, nor excessive finds imposed, nor cruel and a unusual
punishments inflicted
What are different types of expression? - correct answer--speech
-Written word
-gestures
-symbolic acts
What are different types of unprotected speech? - correct answer--fighting words
-True threats
-advocating imminent lawlessness action
-speech constituting a clear and present danger
-obscenity
-fraudulent misrepresentation
What branch of government does the DOI fall under? - correct answer-Executive branch
Who writes the laws? - correct answer-Legislative branch
Who enforces the laws? - correct answer-Executive Branch
Who interprets the laws? - correct answer-Judicial Branch
What is the 10th amendment? - correct 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? - correct 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? - correct 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? - correct answer-Congress has legislative regulatory power
over property belonging to the US example: parks, refuges, forests.
What is the commerce clause? - correct 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? - correct 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
What are the OTHER Graham factors? - correct 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? - correct answer-Applicable anywhere,
assault on a federal officer, bribery, conspiracy, embezzlement all right right
5th Amendment - correct 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 - correct 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 - correct 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 - correct 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
The accused shall enjoy the right to a speedy and public trial, by an impartial jury of 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
8th Amendment - correct answer-No cruel and unusual punishment, no excessive bail
Excessive bail shall not be required, nor excessive finds imposed, nor cruel and a unusual
punishments inflicted
What are different types of expression? - correct answer--speech
-Written word
-gestures
-symbolic acts
What are different types of unprotected speech? - correct answer--fighting words
-True threats
-advocating imminent lawlessness action
-speech constituting a clear and present danger
-obscenity
-fraudulent misrepresentation
