LMPT EXAM 1 QUESTIONS AND ANSWERS
1. Identify the elements, applicability, and scope of 42 U.S.C. § 1983 and the
Bivens Analogy. - Answer - An act/action performed by an oflcer under the color of the law violates
someone's consti- tutional rights.
42 U.S.C. 1983 applies only to state and local
oflcers. Bivens applies to federal oflcers.
2. Recognize incidents of potential civil liability for Federal Law Enforcement
Officers under state
tort theories and the FTCA protection from individual liability. - Answer - 1. Physical
Harm to Person
2. Damage to Property
Negligent Torts & Intentional Torts
FLEO Defense - Answer - Scope of Employment
3. Recognize the most common incidents of civil liability for Federal Law
En- forcement Officers
under Bivens and the defense of qualified immunity. - Answer - 1.Arrests and Searches
without Probable Cause
2. Knowingly Submitting False or Misleading Afldavits for Warrants
3. Excessive Use of Force
4. Failure to Intervene
4. What does the Fourth Amendment protect? - Answer - The Fourth Amendment protects
people from unreasonable searches and seizure of their persons and properties.
5. What rights does the Fifth Amendment guarantee? - Answer - The Fifth Amendment
,includes the rights to be free from compelled self-incriminating testimony, to have felony cases presented to juries for
indictments, to be free of double jeopardy, and to enjoy the fundamental fairness of due process.
6. What rights are guaranteed by the Sixth Amendment? - Answer - The Sixth Amendment
guarantees
the defendant rights at trial, including a speedy and public trial, an impartial jury, the right to be informed of the charges, to
confront witnesses, to subpoena witnesses, and to have the assistance of counsel.
, 7. What does the Eighth Amendment protect against? - Answer - The Eighth Amendment
protects the defendant from excessive bail or cruel and unusual punishment.
8. Identify the following unprotected speech - Answer - fighting words, advocacy
of immi- nent lawless action,
expression creating a clear and present danger, and true threats, obscenity,
fraudulent misrepresentation. - Answer - Fighting words are personally abusive epithets which, when
addressed to the ordinary citizen, are reasonably likely to provoke a violent reaction. More than profanity, they are an
invitation to fight.
True threats have common characteristics. They express a present determination or intent to hurt someone, now or in the
future.
Advocating Imminent Lawless Action must be directed to inciting or producing imminent lawless action and must be likely
to incite or produce lawlessness. (saying brake the law and people actual following along)
Creating a Clear and Present Danger - Answer - Comments that place the public in fear of an impending peril are
punishable. (saying I have a Bomb on an airplane)
Obscenity - Answer - appeals to prurient interests (lustful or sexual)
Fraudulent misrepresentation - Answer - Fraud, libel, slander and perjury
9. Identify the powers of the legislative, executive, and judicial branches of the
U.S. government. - Answer - Legislative (Congress) -
Answer - Makes laws Executive (President) - Answer -
Enforces Laws
Judicial (Courts) - Answer - Interprets Laws
10. What rights are guaranteed by the First Amendment? - Answer - Freedom of religion,
freedom of speech, freedom of the press, and the right to assemble peaceably and to petition the government.
1. Identify the elements, applicability, and scope of 42 U.S.C. § 1983 and the
Bivens Analogy. - Answer - An act/action performed by an oflcer under the color of the law violates
someone's consti- tutional rights.
42 U.S.C. 1983 applies only to state and local
oflcers. Bivens applies to federal oflcers.
2. Recognize incidents of potential civil liability for Federal Law Enforcement
Officers under state
tort theories and the FTCA protection from individual liability. - Answer - 1. Physical
Harm to Person
2. Damage to Property
Negligent Torts & Intentional Torts
FLEO Defense - Answer - Scope of Employment
3. Recognize the most common incidents of civil liability for Federal Law
En- forcement Officers
under Bivens and the defense of qualified immunity. - Answer - 1.Arrests and Searches
without Probable Cause
2. Knowingly Submitting False or Misleading Afldavits for Warrants
3. Excessive Use of Force
4. Failure to Intervene
4. What does the Fourth Amendment protect? - Answer - The Fourth Amendment protects
people from unreasonable searches and seizure of their persons and properties.
5. What rights does the Fifth Amendment guarantee? - Answer - The Fifth Amendment
,includes the rights to be free from compelled self-incriminating testimony, to have felony cases presented to juries for
indictments, to be free of double jeopardy, and to enjoy the fundamental fairness of due process.
6. What rights are guaranteed by the Sixth Amendment? - Answer - The Sixth Amendment
guarantees
the defendant rights at trial, including a speedy and public trial, an impartial jury, the right to be informed of the charges, to
confront witnesses, to subpoena witnesses, and to have the assistance of counsel.
, 7. What does the Eighth Amendment protect against? - Answer - The Eighth Amendment
protects the defendant from excessive bail or cruel and unusual punishment.
8. Identify the following unprotected speech - Answer - fighting words, advocacy
of immi- nent lawless action,
expression creating a clear and present danger, and true threats, obscenity,
fraudulent misrepresentation. - Answer - Fighting words are personally abusive epithets which, when
addressed to the ordinary citizen, are reasonably likely to provoke a violent reaction. More than profanity, they are an
invitation to fight.
True threats have common characteristics. They express a present determination or intent to hurt someone, now or in the
future.
Advocating Imminent Lawless Action must be directed to inciting or producing imminent lawless action and must be likely
to incite or produce lawlessness. (saying brake the law and people actual following along)
Creating a Clear and Present Danger - Answer - Comments that place the public in fear of an impending peril are
punishable. (saying I have a Bomb on an airplane)
Obscenity - Answer - appeals to prurient interests (lustful or sexual)
Fraudulent misrepresentation - Answer - Fraud, libel, slander and perjury
9. Identify the powers of the legislative, executive, and judicial branches of the
U.S. government. - Answer - Legislative (Congress) -
Answer - Makes laws Executive (President) - Answer -
Enforces Laws
Judicial (Courts) - Answer - Interprets Laws
10. What rights are guaranteed by the First Amendment? - Answer - Freedom of religion,
freedom of speech, freedom of the press, and the right to assemble peaceably and to petition the government.
