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LMPT Test 1: Questions & Complete Answers (Verified)
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LMPT Test 1: Questions & Complete Answers (Verified)
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LMPT Test 1: Questions & Complete Answers (Verified)What branch of government does the DOI fall under? Right Ans - Executive
branch
Who writes the laws? Right Ans - Legislative branch
Who enforces the laws? Right Ans - Executive Branch
Who interprets the laws? Right Ans - Judicial Branch
What is the 10th amendment? Right Ans - 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? Right Ans - 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).
What is important to remember with the use of intermediate weapons?
Right Ans - 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? Right Ans - Congress has legislative
regulatory power over property belonging to the US example: parks, refuges,
forests.
What is the commerce clause? Right Ans - 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? Right Ans - -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? Right Ans - -Number of suspects and
cops
-size, age, condition of officer
-duration of action
-whether force applied resulted in injury
-history of suspect
What are federal statutes of general application? Right Ans - Applicable
anywhere, assault on a federal officer, bribery, conspiracy, embezzlement all
right right
5th Amendment Right Ans - 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 Right Ans - Freedom of Religion, Speech, Press, Assembly,
and Petition
Congress shall pass no law respecting an establishment of religion, or
prohibiting the free exercise thereof: or abridging the freedom of speech, or of
the press, of the right of the people to peaceably assemble, and to petition the
government for a redress or grievance
4th Amendment Right Ans - Protection against Unreasonable Search and
Seizure
The right of the people to be secure in their persons, houses, papers, and a fax,
against unreasonable searches and seizures, shall not be violated, and no
warrants shall be issued, but upon probable cause, supported by oath or
affirmation, and particularly describing the place to be searched and the
persons or things to be seized
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