CITP EXAM 1 QUESTIONS AND
ANSWERS WITH VERIFIED SOLUTIONS
2024
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 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 - ANSWER This statute authorizes civil lawsuits against state and local officials who violate
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 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 - 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 advises suspects of rights in employee investigations. Cannot
be fired solely for invoking 5th Amendment
Culture - ANSWER Any kind of idea, belief, technology, habit or practice aquired through learning from
others and is trasmitted from generation to generation
Four Principal Barriers to Cross Cultural Communication - ANSWER Language, Ignorance of Cultural
Norms, Prejudice/Stereotyping, Ethnocentrism
ANSWERS WITH VERIFIED SOLUTIONS
2024
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 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 - ANSWER This statute authorizes civil lawsuits against state and local officials who violate
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 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 - 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 advises suspects of rights in employee investigations. Cannot
be fired solely for invoking 5th Amendment
Culture - ANSWER Any kind of idea, belief, technology, habit or practice aquired through learning from
others and is trasmitted from generation to generation
Four Principal Barriers to Cross Cultural Communication - ANSWER Language, Ignorance of Cultural
Norms, Prejudice/Stereotyping, Ethnocentrism
