2024 UPDATE MOST TESTED
QUESTIONS/COMPREHENSIVE QUESTIONS AND
VERIFIED ANSWERS GET IT RIGHT GRADED A+
Federal Tort Claims Act (FTCA) - (correct answer) Law which allows
the United States to be sued for the actions of federal employees
within the scope of their employment. Does not apply to state or local
police officers. The United States will be the proper defendant and can
be held liable.
Good Samaritan Act - (correct answer) This act defines additional
circumstances under which a federal officer might be determined to be
in the scope of their employment. It does not apply to state or local
officers
Bivens - (correct answer) Case authorizes lawsuits against federal
agents who intentionally violate an individuals 4th, 5th, or 8th
amendment rights. Must allege two elements: 1) Violation of
Constitutional Right and 2) Person acting under the color of law
42 USC 1983 - (correct answer) This statute authorizes civil lawsuits
against state and local officials who violate federally protected rights.
,First Amendment - (correct answer) Free exercise of religion,
speech, the press; the right of peaceful assembly; and to petition the
government for redress of grievances.
Fourth Amendment - (correct answer) No unreasonable searches
and seizures. No warrants issued without probable cause.
Fifth Amendment - (correct answer) Right to not self-incriminate, no
double jeopardy, not be forced to stand trial without an indictment
from a Grand Jury. Ensures Due Process.
Sixth Amendment - (correct answer) Right to a speedy and public
trial. Right to counsel. Right to an impartial jury, ability to confront
witnesses, compulsory process for obtaining defense witnesses.
Eighth Amendment - (correct answer) No excessive bail, fines, or
cruel and unusual punishments.
Qualified Immunity - (correct answer) Shields government officials
from personal liability for civil damages provided. Qualified Immunity
Eligibility: 1) The force was constitutional 2) That the law was not
clearly established at the time.
, 18 USC 241 - (correct answer) This is the federal criminal conspiracy
against rights statute. When two or more agents conspire to deprive a
citizen of constitutional rights, this is the appropriate statute to bring a
criminal prosecution.
18 USC 242 - (correct answer) This statute makes it a crime for any
person acting under color of law, statute, ordinance, regulation, or
custom to willfully deprive or cause to be deprived from any person
those rights, privileges, or immunities secured or protected by the
Constitution and laws of the U.S.
Graham Factors - (correct answer) SIRF: Severity, Immediete Threat,
Resisting Arrest, Attemepting to Evade by Flight
Transactional Immunity - (correct answer) Protects the witness from
prosecution for the offense or offenses involved.
Use Immunity - (correct answer) Only protects the witness against
the government's use of his or her immunized testimony in a
prosecution of the witness.
Kalkines Immunity - (correct answer) Government can terminate
subject for not providing statements. Statements will not be used in a
criminal case.