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Exam (elaborations)

CITP exam 1 questions and answers with solutions 2025

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Federal Tort Claims Act (FTCA) - 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 - 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 - 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 - ANSWER This statute authorizes civil lawsuits against state and local officials who violate federally protected rights. First Amendment - ANSWER Free exercise of religion, speech, the press; the right of peaceful assembly; and to petition the government for redress of grievances. Fourth Amendment - ANSWER No unreasonable searches and seizures. No warrants issued without probable cause. Fifth Amendment - 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 - 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 - ANSWER No excessive bail, fines, or cruel and unusual punishments. Qualified Immunity - 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 - 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 - 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 p

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December 13, 2024
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