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LMPT EXAM TEST 1 UPDATED ACTUAL
EXAM WITH CORRECT SOLUTIONS.
What branch of government does the DOI fall under? - correct answer- Executive branch
Who writes the laws? - correct answer- Legislative branch
Who enforces the laws? - correct answer- Executive Branch
Who interprets the laws? - correct answer- Judicial Branch
What is the 10th amendment? - correct answer- The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
What is the definition of qualified immunity? - correct answer- The officers defense to stand trial in a civil case for a constitutional tort. (Qualified immunity is not an available defense in a criminal case).
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What is important to remember with the use of intermediate weapons? - correct answer- Use may reduce the need for a higher force options, use must be objectively reasonable in consideration of the governmental interest, all other Graham factors apply.
What is the property clause? - correct answer- Congress has legislative regulatory power over property belonging to the US
example: parks, refuges, forests.
What is the commerce clause? - correct answer- Power to regulate channels of interstate commerce, power to regulate the instrumentalities of commerce, power to regulate local activities that impact interstate commerce.
What are the four primary Graham factors? - correct answer- - severity of the crime -whether the suspect poses an immediate threat -whether the suspect is actively resisting arrest -whether the suspect is attempting to flee
What are the OTHER Graham factors? - correct answer- - Number of suspects and cops 2 / 3
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-size, age, condition of officer -duration of action -whether force applied resulted in injury -history of suspect
What are federal statutes of general application? - correct answer- Applicable anywhere, assault on a federal officer, bribery, conspiracy, embezzlement all right right
5th Amendment - correct answer- Double Jeopardy; Protection from Self incrimination, grand jury
No person shall be held for a capital or otherwise infamous crime (felony), unless on a presentment of indictment of a grand jury......... nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life liberty or property, without due process of law, nor shall private property be taken for public use without just compensation
1st Amendment - correct answer- Freedom of Religion, Speech, Press, Assembly, and Petition
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