CITP Exam 1 with accurate detailed solutions || || || || || ||
Federal Tort Claims Act (FTCA) - ✔✔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.
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Good Samaritan Act - ✔✔This act defines additional circumstances under which a federal
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officer might be determined to be in the scope of their employment. It does not apply to state
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or local officers
|| ||
Bivens - ✔✔Case authorizes lawsuits against federal agents who intentionally violate an
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individuals 4th, 5th, or 8th amendment rights. Must allege two elements: 1) Violation of
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Constitutional Right and 2) Person acting under the color of law || || || || || || || || || ||
42 USC 1983 - ✔✔This statute authorizes civil lawsuits against state and local officials who
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violate federally protected rights.
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First Amendment - ✔✔Free exercise of religion, speech, the press; the right of peaceful
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assembly; and to petition the government for redress of grievances.
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Fourth Amendment - ✔✔No unreasonable searches and seizures. No warrants issued
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without probable cause. || ||
Fifth Amendment - ✔✔Right to not self-incriminate, no double jeopardy, not be forced to
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stand trial without an indictment from a Grand Jury. Ensures Due Process.
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Sixth Amendment - ✔✔Right to a speedy and public trial. Right to counsel. Right to an
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impartial jury, ability to confront witnesses, compulsory process for obtaining defense
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witnesses.
, Eighth Amendment - ✔✔No excessive bail, fines, or cruel and unusual punishments.
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Qualified Immunity - ✔✔Shields government officials from personal liability for civil
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damages provided. Qualified Immunity Eligibility: 1) The force was constitutional 2) That
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the law was not clearly established at the time.
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18 USC 241 - ✔✔This is the federal criminal conspiracy against rights statute. When two or
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more agents conspire to deprive a citizen of constitutional rights, this is the appropriate
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statute to bring a criminal prosecution.
|| || || || ||
18 USC 242 - ✔✔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
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laws of the U.S. || || ||
Graham Factors - ✔✔SIRF: Severity, Immediete Threat, Resisting Arrest, Attemepting to
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Evade by Flight || ||
Transactional Immunity - ✔✔Protects the witness from prosecution for the offense or|| || || || || || || || || || || ||
offenses involved. ||
Use Immunity - ✔✔Only protects the witness against the government's use of his or her
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immunized testimony in a prosecution of the witness. || || || || || || ||
Kalkines Immunity - ✔✔Government can terminate subject for not providing statements.
|| || || || || || || || || || ||
Statements will not be used in a criminal case. || || || || || || || ||
Federal Tort Claims Act (FTCA) - ✔✔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 - ✔✔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 - ✔✔Case authorizes lawsuits against federal agents who intentionally violate an
|| || || || || || || || || || || ||
individuals 4th, 5th, or 8th amendment rights. Must allege two elements: 1) Violation of
|| || || || || || || || || || || || || ||
Constitutional Right and 2) Person acting under the color of law || || || || || || || || || ||
42 USC 1983 - ✔✔This statute authorizes civil lawsuits against state and local officials who
|| || || || || || || || || || || || || || ||
violate federally protected rights.
|| || ||
First Amendment - ✔✔Free exercise of religion, speech, the press; the right of peaceful
|| || || || || || || || || || || || || ||
assembly; and to petition the government for redress of grievances.
|| || || || || || || || ||
Fourth Amendment - ✔✔No unreasonable searches and seizures. No warrants issued
|| || || || || || || || || || ||
without probable cause. || ||
Fifth Amendment - ✔✔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 - ✔✔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 - ✔✔No excessive bail, fines, or cruel and unusual punishments.
|| || || || || || || || || || ||
Qualified Immunity - ✔✔Shields government officials from personal liability for civil
|| || || || || || || || || || ||
damages provided. Qualified Immunity Eligibility: 1) The force was constitutional 2) That
|| || || || || || || || || || || ||
the law was not clearly established at the time.
|| || || || || || || ||
18 USC 241 - ✔✔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 - ✔✔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 - ✔✔SIRF: Severity, Immediete Threat, Resisting Arrest, Attemepting to
|| || || || || || || || || || ||
Evade by Flight || ||
Transactional Immunity - ✔✔Protects the witness from prosecution for the offense or|| || || || || || || || || || || ||
offenses involved. ||
Use Immunity - ✔✔Only protects the witness against the government's use of his or her
|| || || || || || || || || || || || || || ||
immunized testimony in a prosecution of the witness. || || || || || || ||
Kalkines Immunity - ✔✔Government can terminate subject for not providing statements.
|| || || || || || || || || || ||
Statements will not be used in a criminal case. || || || || || || || ||
