Exam (elaborations)
MPTC Constitutional Law – Questions & Solutions
MPTC Constitutional Law – Questions & Solutions
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MPTC Constitutional Law – Questions & Solutions1st Amedment ✔️Ans - Freedom of Religion, Speech, Press, Assembly, and
Petition
Types of speech that are NOT protected by the First Amendment ✔️Ans -
Obscenity
Fighting Words
Threats
Incendiary Speech
what is obscenity with regards to the 1st amendment ✔️Ans - sexual
remarks in an offensive way - usually to minors
what are fighting words in regards to 1st amendment ✔️Ans - words that
make you want to fight someone (someone calls your mom ugly)
what are threats in regards to 1st amendment ✔️Ans - threats must be
true and not just expressive, (If you don't stop ... i'm going to kick your ass)
"I am going to drop a nuclear bomb your house" - not realistic not a real
threat
what are incendiary remarks in regards to 1st amendment ✔️Ans -
peaceful protests, until the speaker advocates violence or lawless actions
(KKK rally, asking people to burn crosses on front yards)
2nd Amendment ✔️Ans - Right to keep and bear arms (guns)
4th Amendment ✔️Ans - Prohibits unreasonable searches and seizures
by the government
5th Amendment ✔️Ans - Prohibits being charged for the same offense
twice (double jeopardy); freedom from testifying agains themselves (self-
incrimination)
6th Amendment ✔️Ans - The right to a Speedy Trial by jury,
representation by an attorney for an accused person, and to know what
charges being brought upon them
, 8th Amendment ✔️Ans - No cruel or unusual punishment. protects
against excessive bail
14th Amendment ✔️Ans - Declares that all persons born in the U.S. are
citizens and are guaranteed equal protection of the laws ad the right to due
process.
Article XII (12) of MA Constitution ✔️Ans - Similar to 6th Amendment
(speedy trial)
Article XIV (14) of MA Constitution ✔️Ans - similar to 4th Amendment
(unreasonable search and seizures)
Define Seizure ✔️Ans - When restrict a person's ability to move freely,
take possession of property or make an arrest
Define Searches ✔️Ans - Physical invasions or intrusions of privacy by
police on people, homes, or personal property to obtain information or
gather evidence
Define Reasonable Suspicion ✔️Ans - specific and articulable facts that
would convince a person of reasonable caution that a person HAS
committed, IS committing or is ABOUT TO commit a crime
Define Probable Cause (for a search) ✔️Ans - convince a person of
reasonable caution that it IS MORE LIKELY THAN NOT that a specific item
subject to seizure will be found in the place searched
Define Probable Cause (in an arrest) ✔️Ans - convince a person of
reasonable caution that it IS MORE LIKELY THAN NOT that a crime has
been committed and the person to be arrested has committed it
Define Voluntary Encounter ✔️Ans - officers talk to people freely. Person
is not required to respond and is free to leave
Legal standard for search and seizure "with a warrant" ✔️Ans - pretty
much anywhere as long as you have a warrant
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