UPTP EXAM 1 NEWEST 2024 ACTUAL EXAM 250 QUESTIONS AND CORRECT DETAILED ANSWERS WITH RATIONALES (VERIFIED ANSWERS) |ALREADY GRADED A+

UPTP EXAM 1 NEWEST 2024 ACTUAL EXAM 250

QUESTIONS AND CORRECT DETAILED ANSWERS

WITH RATIONALES (VERIFIED ANSWERS)

|ALREADY GRADED A+

What does the 1st amendment establish - ANSWER- Freedom

of speech, press, religion, assembly, petition

(ConLaw EPO 2)

Name the different categories of unprotected speech -

ANSWER- fighting words

threats

advocating lawless action

clear and present danger

obscenity

fraudulent misrepresentation

What does the 4th Amendment establish - ANSWER- Search

and Seizure

What 4 elements make up the 5th Amendment - ANSWERDouble Jeopardy

Due process (fair trial)

Self-Incrimination

Grand Jury Indictment

(ConLaw EPO 2)

Define Double Jeopardy - ANSWER- prohibits anyone being

prosecuted for the same crime at the same court level twice set

by the 5th amendment

(ConLaw EPO 2)

Define Dual Sovereignty - ANSWER- Court levels have their

own jurisdiction to try cases. Same case can be tried at different

court levels

(ConLaw EPO 2)

What rights does the 6th Amendment give Defendants -

ANSWER- Guarantees rights for defendants in criminal trials:

speedy trial

impartial jury

confront witnesses

subpoena witnesses

assistance of counsel

to be informed of the nature of the charges against them

A trial where the crime was committed

(ConLaw EPO 2)

What is the importance of the 8th Amendment - ANSWERProhibits cruel and unusual punishment and excessive fines for

crimes committed

(ConLaw EPO 2)

What is the importance of the 14th Amendment - ANSWERGuarantees the protection of a U.S. citizens inherent rights under

the constitution to the states.

(ConLaw EPO 2)

Define Oath - ANSWER- Swore to uphold the constitution from

foreign and domestic threats

(ConLaw EPO 3)

Definition of seizure - ANSWER- Governmental termination of

movement where a means is intentionally applied

(Use of Force Law EPO 1)

*Graham v Connor - ANSWER- Court looks at the totality of

the circumstances leaving out 20/20 hindsight/ subjective

reasoning/ conclusions. Court states all actions must be

objectively reasonable

(Use of Force Law EPO 1)

*Graham Factors - ANSWER- SEVERITY of crime

Whether the suspect is an IMMEDIATE THREAT to safety of

anyone

Whether the suspect is actively RESISTING arrest

Whether the suspect is attempting to evade arrest by FLIGHT

(Use of Force Law EPO 1)

Time Factor - ANSWER- Time factor offers an officer grace to

decide on possible actions in objective reasonableness. Less

time an officer has, the more deference given; more time, more

options he has to consider

(Use of Force Law EPO 1)

*Objective reasonableness does not require... - ANSWER- Fear

Felony

Exhausting lesser uses of force options

Officer to Retreat

Intent/ motive