1
CITP Exam 1 Questions and Correct
Answers
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.
Pretest - Stuvia US
, 2
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
Pretest - Stuvia US
CITP Exam 1 Questions and Correct
Answers
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.
Pretest - Stuvia US
, 2
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
Pretest - Stuvia US
