UPTP EXAM 1 NEWEST ACTUAL EXAM 250

UPTP EXAM 1 NEWEST ACTUAL EXAM 250

QUESTIONS AND CORRECT DETAILED ANSWERS

WITH RATIONALES (VERIFIED ANSWERS)

|ALREADY GRADED A+

What does the 1st amendment establish - ANSWER- Freedom of speech, press, religion, assembly, petition (ConLaw EPO 2)

Name the different categories of unprotected speech - ANSWER- fighting words threats advocating lawless action clear and present danger obscenity fraudulent misrepresentation

What does the 4th Amendment establish - ANSWER- Search and Seizure

What 4 elements make up the 5th Amendment - ANSWER- Double Jeopardy Due process (fair trial) Self-Incrimination Grand Jury Indictment (ConLaw EPO 2)

Define Double Jeopardy - ANSWER- prohibits anyone being prosecuted for the same crime at the same court level twice set by the 5th amendment (ConLaw EPO 2)

Define Dual Sovereignty - ANSWER- Court levels have their own jurisdiction to try cases. Same case can be tried at different court levels (ConLaw EPO 2)

What rights does the 6th Amendment give Defendants -

ANSWER- Guarantees rights for defendants in criminal trials:

speedy trial impartial jury confront witnesses subpoena witnesses assistance of counsel to be informed of the nature of the charges against them A trial where the crime was committed (ConLaw EPO 2)

What is the importance of the 8th Amendment - ANSWER- Prohibits cruel and unusual punishment and excessive fines for crimes committed (ConLaw EPO 2)

What is the importance of the 14th Amendment - ANSWER-

Guarantees the protection of a U.S. citizens inherent rights under the constitution to the states.(ConLaw EPO 2)

Define Oath - ANSWER- Swore to uphold the constitution from foreign and domestic threats (ConLaw EPO 3)

Definition of seizure - ANSWER- Governmental termination of movement where a means is intentionally applied (Use of Force Law EPO 1)

*Graham v Connor - ANSWER- Court looks at the totality of the circumstances leaving out 20/20 hindsight/ subjective reasoning/ conclusions. Court states all actions must be objectively reasonable (Use of Force Law EPO 1)

*Graham Factors - ANSWER- SEVERITY of crime Whether the suspect is an IMMEDIATE THREAT to safety of anyone Whether the suspect is actively RESISTING arrest Whether the suspect is attempting to evade arrest by FLIGHT (Use of Force Law EPO 1)

Time Factor - ANSWER- Time factor offers an officer grace to decide on possible actions in objective reasonableness. Less time an officer has, the more deference given; more time, more options he has to consider (Use of Force Law EPO 1)

*Objective reasonableness does not require... - ANSWER- Fear Felony Exhausting lesser uses of force options Officer to Retreat Intent/ motive

*Name the critical thinking Concept tools associated with ethical decision making System 1 thinking (Heuristic) System 2 thinking (critical thinking) IDWAE (Inquire, Define, Weigh, Act, Evaluate) (Ethics EPO 4)

*3 Components of Good Character Moral Feeling Moral Knowing Moral Action (Ethics EPO 2)

*Influences that affect ethical decision-making Peer pressure