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CITP Exam 1 Questions And 100% Correct Answers Latest Update
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CITP Exam 1 Questions And 100% Correct Answers Latest Update...
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CITP Exam 1 Questions And 100% CorrectAnswers Latest Update
Federal Tort Claims Act (FTCA) - ANSWER Law which allows the United States to be
sued for the actions of federal employees within the scope of their employment. Does
not apply to state or local police officers. The United States will be the proper defendant
and can be held liable.
Good Samaritan Act - ANSWER This act defines additional circumstances under which a
federal officer might be determined to be in the scope of their employment. It does not
apply to state or local officers
Bivens - ANSWER Case gives the right to sue federal agents who, under the color of law,
intentionally violate one's 4th, 5th, or 8th amendment rights. P must plead two elements:
1) Violation of Constitutional Right and 2) Person acting under the color of law
42 USC 1983 - ANSWER This statute gives a cause of action to sue state and local
officials for violating federally protected rights.
First Amendment - ANSWER Free exercise of religion, speech, the press; the right of
peaceful assembly; and to petition the government for redress of grievances.
Fourth Amendment - ANSWER No unreasonable searches and seizures. No warrants
issued without probable cause.
Fifth Amendment - ANSWER Right to not self-incriminate, no double jeopardy, not be
forced to stand trial without an indictment from a Grand Jury. Ensures Due Process.
Sixth Amendment - ANSWER Right to a speedy and public trial. Right to counsel. Right to
an impartial jury, ability to confront witnesses, compulsory process for obtaining
, defense witnesses.
Eighth Amendment - ANSWER No excessive bail, fines, or cruel and unusual
punishments.
Qualified Immunity - ANSWER Protects government officials from personal liability for
civil damages if. Qualified Immunity Eligibility: 1) The force was constitutional 2) That the
law was not clearly established at the time.
18 USC 241 - ANSWER This is the federal criminal conspiracy against rights statute.
When two or more agents conspire to deprive a citizen of constitutional rights, this is the
appropriate statute to bring a criminal prosecution.
18 USC 242 - ANSWER This statute makes it a crime for any person acting under color of
law, statute, ordinance, regulation, or custom to willfully deprive or cause to be
deprived from any person those rights, privileges, or immunities secured or protected
by the Constitution and laws of the U.S.
Graham Factors - ANSWER SIRF: Severity, Immediete Threat, Resisting Arrest,
Attemepting to Evade by Flight
Transactional Immunity - ANSWER Protects the witness from prosecution for the offense
or offenses involved.
Use Immunity - ANSWER Only protects the witness against the government's use of his
or her immunized testimony in a prosecution of the witness.
Kalkines Immunity - ANSWER Government can terminate subject for not providing
statements. Statements will not be used in a criminal case.
Garrity Warnings - ANSWER Government warns suspects of rights in employee
investigations. Cannot be terminated solely for invoking 5th Amendment
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