LMPT 2403 Test 1 Study Guide – Complete With Proper
Solutions
Identify the 3 Branches of the USG Right Ans - Legislative, Judicial,
Executive
Legislative Branch Right Ans - Enacts laws, collects taxes, regulates foreign
and domestic trade, and establishes federal courts inferior to the Supreme
Court.
Executive Branch Right Ans - Enforces laws, enters into treaties, vetoes
Congress, and appoints members of the administration.
Judicial Branch Right Ans - Interprets the constitution, can declare matters
unconstitutional, and is the final authority on constitutional interpretation.
1st Ammendment Protections Right Ans - 1st Amendment protects speech,
religion, press, peacefully assemble, right to petition the government.
4th Ammendment Protections Right Ans - 4th Amendment protects
citizens from the USG by protecting citizens from unreasonable search and
seizure of persons, houses, papers, and effects and no warrants shall be issued
without probable cause.
5th Amendment Protections Right Ans - The 5th Amendment protects
citizens from being held for a capital or otherwise infamous crime unless
there is an indictment from a grand jury. You can not be tried by the same
government entity twice for the same offense. Citizens are protected against
self-incrimination. No person will be deprived of life, liberty, or property
without due process.
6th Ammendment Protections Right Ans - 6th Amendment gives citizens
the right to a speedy and public trial with an impartial jury of the state and in
a district where the crime has occurred. Citizens must be informed of charges
against them, and to be confronted with the witness against him. The defense
can require witnesses to testify on behalf of the defense, and the right to an
attorney.
, 8th Ammendment Protections Right Ans - 8th Amendment protects
citizens against excessive bail, excessive fines, and cruel or unusual
punishments.
14th Ammendment Protections Right Ans - 14th Amendment specifies that
states must protect the rights guaranteed by the constitution, and must
guarantee equal protection under the law. States can give more rights than the
federal government but not less.
How does the US Constitution apply to LEO Behavior? Right Ans - The
Constitution is the source of all federal law.
The constitution empowers the government and it restricts the government.
Identify components of the criminal justice system that originate in the US
Constitution. Right Ans - - Right to Jury Trial
- No Unreasonable Search and Seizure
- No Self Incrimination
- Grand Jury for Felonies
- No Double Jeopardy
- Defendants Rights at Trial.
- No Excessive Bail / Cruel & Unusual Punishment
Fighting Words Right Ans - Words that tend to incite an immediate breach
of the peace, more than profanity, they are an invitation to fight.
Identify Unprotected Speech Right Ans - Fighting words, advocacy of
imminent lawless action, expressing a clear and present danger, and true
threats.
True Threat Right Ans - Intentionally and knowingly communicate a threat,
clear and present determination or intent to injure someone presently or in
the future, and make the threat under circumstances that would make a
reasonable person believe that he is serious about executing the threat.
Advocating Imminent Lawless Action Right Ans - Speech that explicitly or
implicitly encourages violence, that the speaker's intent is to encourage
violence or lawless action, and that imminent violence or lawlessness is a
likely result of the speech.
Solutions
Identify the 3 Branches of the USG Right Ans - Legislative, Judicial,
Executive
Legislative Branch Right Ans - Enacts laws, collects taxes, regulates foreign
and domestic trade, and establishes federal courts inferior to the Supreme
Court.
Executive Branch Right Ans - Enforces laws, enters into treaties, vetoes
Congress, and appoints members of the administration.
Judicial Branch Right Ans - Interprets the constitution, can declare matters
unconstitutional, and is the final authority on constitutional interpretation.
1st Ammendment Protections Right Ans - 1st Amendment protects speech,
religion, press, peacefully assemble, right to petition the government.
4th Ammendment Protections Right Ans - 4th Amendment protects
citizens from the USG by protecting citizens from unreasonable search and
seizure of persons, houses, papers, and effects and no warrants shall be issued
without probable cause.
5th Amendment Protections Right Ans - The 5th Amendment protects
citizens from being held for a capital or otherwise infamous crime unless
there is an indictment from a grand jury. You can not be tried by the same
government entity twice for the same offense. Citizens are protected against
self-incrimination. No person will be deprived of life, liberty, or property
without due process.
6th Ammendment Protections Right Ans - 6th Amendment gives citizens
the right to a speedy and public trial with an impartial jury of the state and in
a district where the crime has occurred. Citizens must be informed of charges
against them, and to be confronted with the witness against him. The defense
can require witnesses to testify on behalf of the defense, and the right to an
attorney.
, 8th Ammendment Protections Right Ans - 8th Amendment protects
citizens against excessive bail, excessive fines, and cruel or unusual
punishments.
14th Ammendment Protections Right Ans - 14th Amendment specifies that
states must protect the rights guaranteed by the constitution, and must
guarantee equal protection under the law. States can give more rights than the
federal government but not less.
How does the US Constitution apply to LEO Behavior? Right Ans - The
Constitution is the source of all federal law.
The constitution empowers the government and it restricts the government.
Identify components of the criminal justice system that originate in the US
Constitution. Right Ans - - Right to Jury Trial
- No Unreasonable Search and Seizure
- No Self Incrimination
- Grand Jury for Felonies
- No Double Jeopardy
- Defendants Rights at Trial.
- No Excessive Bail / Cruel & Unusual Punishment
Fighting Words Right Ans - Words that tend to incite an immediate breach
of the peace, more than profanity, they are an invitation to fight.
Identify Unprotected Speech Right Ans - Fighting words, advocacy of
imminent lawless action, expressing a clear and present danger, and true
threats.
True Threat Right Ans - Intentionally and knowingly communicate a threat,
clear and present determination or intent to injure someone presently or in
the future, and make the threat under circumstances that would make a
reasonable person believe that he is serious about executing the threat.
Advocating Imminent Lawless Action Right Ans - Speech that explicitly or
implicitly encourages violence, that the speaker's intent is to encourage
violence or lawless action, and that imminent violence or lawlessness is a
likely result of the speech.
