Legal Authority Flashcards
7 cards from real ACT practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Legal Authority flashcards as text
A citizen's arrest in Pennsylvania is authorized when a private person witnesses which type of offense being committed in their presence?
Answer: A felony or a breach of the peace
Pennsylvania common law permits a private person to make an arrest for a felony or a breach of the peace committed in their presence.
Which of the following actions by a suspect would legally justify an Act 235 officer elevating from non-lethal to lethal force?
Answer: The suspect produces a firearm and threatens to shoot
Producing a firearm and threatening to shoot establishes an immediate threat of death or serious bodily injury, meeting the legal threshold for deadly force.
Under Pennsylvania law, what does the term 'serious bodily injury' mean in the context of justifying use of force?
Answer: Bodily injury that creates a substantial risk of death or causes permanent disfigurement or protracted loss/impairment of a body part or organ
18 Pa. C.S. § 2301 defines 'serious bodily injury' as injury creating substantial risk of death or causing permanent disfigurement or protracted loss/impairment of a body member or organ.
An Act 235 officer who uses excessive force beyond what is legally justified may face which of the following?
Answer: Criminal charges and civil liability
Excessive force can result in criminal charges (e.g., aggravated assault) and civil lawsuits; Act 235 certification provides no immunity for unlawful conduct.
Under Pennsylvania law, the duty to retreat before using deadly force in self-defense applies in which situation?
Answer: When the actor is in a public place and can retreat with complete safety
Outside the home/vehicle Castle Doctrine exceptions, Pennsylvania requires retreat if it can be accomplished with complete safety before deadly force is used.
Which body is responsible for issuing Act 235 certifications in Pennsylvania?
Answer: The Pennsylvania State Police
The Pennsylvania State Police administer and oversee the Act 235 certification program for lethal weapons training.
If an Act 235 certified officer shoots a suspect who was reaching for what turned out to be a cell phone, what legal standard will a court use to evaluate the shooting?
Answer: Whether a reasonable person in the same circumstances would have believed deadly force was necessary
Pennsylvania courts apply an objective 'reasonable person' standard — not the officer's subjective fear — to determine whether the belief in the need for deadly force was legally justified.