FLETC EXAM 1 QEUSTIONS AND ANSWERS LATEST VERSION 2025 ALREADY PASSED
Legislative Branch (Congress) - Answers · Article I
· MAKES LAWS
· Consists of HOR (435 members) and Senate (100 members)
o HOR votes to impeach, Senate votes to remove
· Collect taxes, regulate foreign and domestic trade, est post offices and post roads, est federal courts
inferior to the US Supreme Court
Executive Branch (President) - Answers · Article II
· ENFORCE LAWS
· Enter into treaties with foreign nations, veto acts of Congress, grant pardons for federal crimes,
appoint members of the administration (cabinet members and members of the administration),
commander-in-chief to the US military
Judicial Branch (Supreme Court) - Answers · Article III
· INTERPERT LAWS
· Power to declare laws unconstitutional and final authority on matters of constitutional interpretation
Supreme court only court est by constitution
Checks and Balances - Answers · Ensures that no single branch of government becomes excessively
strong
o Congress can pass laws, but President can veto them
o By 2/3 vote of each house, the Congress can override President's veto
o President appoints Justices to serve on Supreme Court, Senate must approve them
o President can be impeached and tried by the Senate
o Only Congress can appropriate funds necessary to run the government
o Congress can pass laws but President can choose not to implement and enforce them
o Supreme court can declare laws passed by Congress and signed by President unconstitutional
First Amendment - Answers · Freedom of religion, speech, press, right of the people to peacefully
assemble, and petition the government for a redress of grievances
,· Protects personal beliefs, opinions and action
· Requires public order
Religion - Answers · Separation between church and state
· Prevents the government from interfering with religious beliefs
· Action must have primary effect that neither advances nor inhibit religion
o Cant favor one religion over the other
Speech - Answers · Not all speech is protected
o Fighting words: words that incite an immediate breach of peace
o True threats: must intentionally and knowingly communicate a threat, a clear or present
determination or intent to injure someone presently or in the future
o Advocating imminent lawless action
o Speech constituting a clear and present danger
o Obscenity: "prurient interests" - tendency to incite lustful thoughts (child porn)
o Fraudulent misinterpretation: intended to cheat people out of their property (libel, slander, perjury)
Peaceful Assembly - Answers · Cannot be done in non-public forums (under government control) or
private property
· Must be conducted in public forums (public streets, sidewalks, and parks)
o Can be required to obtain a permit which can restrict the time place and manner of expression
o Not intended to restrict content of speakers message
Electronic recording of LEOs - Answers · Right to record LEO while they conduct official duties
o Cannot interfere with performance of officer's duties
· Police cannot interfere with recording unless:
o Actions of recorder jeopardizes safety of police or others
o Violates the law
o Incites other to violate the law
· Officer cannot search, seize, delete or destroy recording or device without a search warrant
, Fourth Amendment (investigative stage) - Answers · Protects against unreasonable searches and
seizures (US or abroad)
· Search: a government intrusion that adversely impacts upon a person, house, paper or effect, or into a
place where a person has a reasonable expectation of privacy
o Government trespasses on private property to obtain information
· Seize examples: arrests, detainments, and taking personal property as evidence
Fifth Amendment (pre trial matters) - Answers · Protects against double jeopardy and self-incrimination
Double jeopardy - Answers tried twice, by the same sovereign, for the same crime even if def confesses
to crime or new evidence is found
dual sovereignty - Answers one who commits a single act which violates the laws of 2 sovereigns (state
and federal) can be tried by both (ex- rob a federal bank)
mistrial - Answers serious procedural error that stops the trial, suspect can be tried again
Nolle prosequi: - Answers o prosecutor decides that the gov will not further prosecute the case
§ Suspect can tried again so long as nol pros is made before jury is sworn in (jury trial) or before the
swearing of the first witness (bench trial)
Remand of the case - Answers appellate courts sends a case back to the trial court due to error
committed in the original trial
Self-incrimination - Answers · focuses on government interrogations seeking communicative evidence
(involves things you have to think about THOUGHTS)
o Government interrogation - words or actions likely to elicit an incriminating response
o Written, verbal, or non-verbal: requires the suspect to communicate a thought process about the
crime
§ Booking information (name and address), fingerprints, and physical evidence (blood, urine) do not
require the communication of a thought process and therefore do not present a 5th amendment issue
Grand Jury indictment - Answers o Grand jury- body of impartial citizens selected to review criminal
incident and determine if PC exists to charge a person with a crime
o All infamous (felony offenses) must be prosecuted by grand jury
o Right to grand jury can be waived except for capital offenses
Due process of Law - Answers o No person can be denied life, liberty, or property without due process of
law
Legislative Branch (Congress) - Answers · Article I
· MAKES LAWS
· Consists of HOR (435 members) and Senate (100 members)
o HOR votes to impeach, Senate votes to remove
· Collect taxes, regulate foreign and domestic trade, est post offices and post roads, est federal courts
inferior to the US Supreme Court
Executive Branch (President) - Answers · Article II
· ENFORCE LAWS
· Enter into treaties with foreign nations, veto acts of Congress, grant pardons for federal crimes,
appoint members of the administration (cabinet members and members of the administration),
commander-in-chief to the US military
Judicial Branch (Supreme Court) - Answers · Article III
· INTERPERT LAWS
· Power to declare laws unconstitutional and final authority on matters of constitutional interpretation
Supreme court only court est by constitution
Checks and Balances - Answers · Ensures that no single branch of government becomes excessively
strong
o Congress can pass laws, but President can veto them
o By 2/3 vote of each house, the Congress can override President's veto
o President appoints Justices to serve on Supreme Court, Senate must approve them
o President can be impeached and tried by the Senate
o Only Congress can appropriate funds necessary to run the government
o Congress can pass laws but President can choose not to implement and enforce them
o Supreme court can declare laws passed by Congress and signed by President unconstitutional
First Amendment - Answers · Freedom of religion, speech, press, right of the people to peacefully
assemble, and petition the government for a redress of grievances
,· Protects personal beliefs, opinions and action
· Requires public order
Religion - Answers · Separation between church and state
· Prevents the government from interfering with religious beliefs
· Action must have primary effect that neither advances nor inhibit religion
o Cant favor one religion over the other
Speech - Answers · Not all speech is protected
o Fighting words: words that incite an immediate breach of peace
o True threats: must intentionally and knowingly communicate a threat, a clear or present
determination or intent to injure someone presently or in the future
o Advocating imminent lawless action
o Speech constituting a clear and present danger
o Obscenity: "prurient interests" - tendency to incite lustful thoughts (child porn)
o Fraudulent misinterpretation: intended to cheat people out of their property (libel, slander, perjury)
Peaceful Assembly - Answers · Cannot be done in non-public forums (under government control) or
private property
· Must be conducted in public forums (public streets, sidewalks, and parks)
o Can be required to obtain a permit which can restrict the time place and manner of expression
o Not intended to restrict content of speakers message
Electronic recording of LEOs - Answers · Right to record LEO while they conduct official duties
o Cannot interfere with performance of officer's duties
· Police cannot interfere with recording unless:
o Actions of recorder jeopardizes safety of police or others
o Violates the law
o Incites other to violate the law
· Officer cannot search, seize, delete or destroy recording or device without a search warrant
, Fourth Amendment (investigative stage) - Answers · Protects against unreasonable searches and
seizures (US or abroad)
· Search: a government intrusion that adversely impacts upon a person, house, paper or effect, or into a
place where a person has a reasonable expectation of privacy
o Government trespasses on private property to obtain information
· Seize examples: arrests, detainments, and taking personal property as evidence
Fifth Amendment (pre trial matters) - Answers · Protects against double jeopardy and self-incrimination
Double jeopardy - Answers tried twice, by the same sovereign, for the same crime even if def confesses
to crime or new evidence is found
dual sovereignty - Answers one who commits a single act which violates the laws of 2 sovereigns (state
and federal) can be tried by both (ex- rob a federal bank)
mistrial - Answers serious procedural error that stops the trial, suspect can be tried again
Nolle prosequi: - Answers o prosecutor decides that the gov will not further prosecute the case
§ Suspect can tried again so long as nol pros is made before jury is sworn in (jury trial) or before the
swearing of the first witness (bench trial)
Remand of the case - Answers appellate courts sends a case back to the trial court due to error
committed in the original trial
Self-incrimination - Answers · focuses on government interrogations seeking communicative evidence
(involves things you have to think about THOUGHTS)
o Government interrogation - words or actions likely to elicit an incriminating response
o Written, verbal, or non-verbal: requires the suspect to communicate a thought process about the
crime
§ Booking information (name and address), fingerprints, and physical evidence (blood, urine) do not
require the communication of a thought process and therefore do not present a 5th amendment issue
Grand Jury indictment - Answers o Grand jury- body of impartial citizens selected to review criminal
incident and determine if PC exists to charge a person with a crime
o All infamous (felony offenses) must be prosecuted by grand jury
o Right to grand jury can be waived except for capital offenses
Due process of Law - Answers o No person can be denied life, liberty, or property without due process of
law
