Constitutional
Law
MPTC
Q&A
2024
1st
Amendment
-
answer-Establishes
freedom
of
religion,speech,press,assembly,
and
petition.
Definition
of
religion
under
the
1st
amendment
-
answer-Citizens
have
the
right
to
worship
a
god
or
supreme
being
(Or
not
to
hold
such
beliefs).
The
government
can
not
require
or
force
observations
or
compel
citizens
to
follow
any
particular
religion.
Definition
of
Speech
under
the
1st
amendment
-
answer-Protected
speech
includes
spoken
and
written
words,
the
act
of
not
speaking
and
symbolic
conduct.
What
are
the
following
types
of
speech
not
protected
by
the
1st
amendment.
-
answer-Obscenity,
fighting
words,
threats,
incendiary
speech.
2nd
Amendment
-
answer-Establishes
the
right
to
keep
and
bear
arms.
Intended
to
keep
and
protect
the
individuals
right
to
possess
personal
firearm
for
lawful
purposes.
4th
Amendment
-
answer-Prohibits
unreasonable
searches
and
seizures
by
the
government.
Definition
of
a
Search
-
answer-Physical
invasion
or
intrusion
of
privacy
by
police
on
people,
homes
or
personal
property
to
obtain
info
or
gather
evidence.
Definition
of
a
seizure
-
answer-When
police
take
possession
of
property,
make
an
arrest,
or
restrict
a
persons
ability
to
move
freely.
5th
Amendment
-
answer-Prohibits
citizens
from
being
punished
for
the
same
offense
twice
(Double
Jeopardy)
from
being
compelled
to
testify
against
themselves
(Self-Incrimination)
provides
the
right
to
indictment
for
certain
types
of
offenses
by
a
grand
jury
and
guarantees
due
process
of
law.
6th
Amendment
-
answer-Requires
all
persons
charged
with
a
crime
be
informed
of
charges
against
them.
People
charged
with
a
crime
have
a
right
to
council
and
right
to
a
speedy
trial
by
impartial
jury.
8th
Amendment
-
answer-Protects
people
from
excessive
bail
and
fines
and
prohibits
cruel
and
unusual
punishment.
14th
Amendment
-
answer-Provided
the
people
of
all
states
the
right
to
"Due
Process"
and
Equal
Protection"
under
the
law.
Definition
of
Due
Process
-
answer-Notice
and
opportunity
to
be
heard
fairly. Definition
of
Constitutional
Law
-
answer-Basic
law
of
the
land
Bill
of
Rights
definition
-
answer-First
10
amendments
to
the
Constitution
US
constitution
definition
-
answer-Supreme
Law
of
the
land
7
articles
27
amendments
Massachusetts
constitution
Definition
-
answer-The
commonwealths
document
that
describes
how
state
government
is
structured
and
articulates
the
rights
of
all
residents.
Mass
Constitution
Article
12
(XII)
Definition
-
answer-No
Subject
shall
be
held
to
answer
for
any
crimes
or
offense,
until
the
same
is
fully
and
plainly,
substantially
and
formally,
described
to
him;
or
be
compelled
to
accuse,
or
furnish
evidence
against
him.
And
no
subject
shall
be
arrested,
imprisoned,
despoiled,
or
deprived
of
his
property,
immunities,
or
privileges,
put
out
of
the
protection
of
the
law,
exiled,
or
deprived
of
his
life,
liberty,
or
estate
,
but
by
the
judgement
of
his
peers,
or
the
law
of
the
land.
Mass
constitution
Article
14
(XIV)
-
answer-Every
subject
has
a
right
to
be
secure
from
all
unreasonable
searches,
and
seizures,
of
his
person,
his
house,
his
papers,
and
all
his
possessions.
Statutory
Law
-
answer-Written
and
enacted
by
legislative
branches
of
state
or
federal
governments.
Declare,
command,
or
prohibit
something.
Case
Law
-
answer-Decisions
by
federal
and
mass
courts,
primarily
the
U.S.
Supreme
Court,
the
SJC,
and
Mass
appeals
court.
Objective
-
answer-"Others"
-
What
a
reasonable
person
would
do,
act,
or
believe
Subjective
-
answer-"Self"
-
What
an
individual
person
did
or
believed
Reasonable
Suspicion
-
answer-Must
be
based
on
specific
and
articulable
facts
which,
when
taken
together,
would
convince
a
person
of
reasonable
caution
to
believe
that
a
person
has
committed,
is
committing,
or
is
about
to
commit
a
crime.
Probable
Cause
-
answer-Trustworthy
facts
and
circumstances
sufficient
to
convince
a
person
of
reasonable
caution
to
believe
that
it
is
more
likely
than
not.
Probable
Cause
-
in
the
case
of
a
search.
-
answer-A
specific
item
subject
to
seizure
will
be
found
in
the
place
to
be
searched.
Probable
Cause
-
in
the
case
of
an
arrest
-
answer-A
crime
has
been
committed
and
the
person
to
be
arrested
has
committed
it.
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