NC BLET State Exam - Constitutional Law 2023 (Verified Answers)
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NC BLET
NC BLET State Exam - Constitutional Law 2023 (Verified Answers)
What are the 3 sources of law?
Constitutional, Statutory, Common
Common Law
Judge-made, Referred to as Case Law, brought over by England, a lot of common law has been codified in state statutes
Statutory Law
Written laws. Decla...
NC BLET State Exam - Constitutional Law 2023 (Verified
Answers)
What are the 3 sources of law?
Constitutional, Statutory, Common
Common Law
Judge-made, Referred to as Case Law, brought over by England, a lot of common law
has been codified in state statutes
Statutory Law
Written laws. Declares, commands, or prohibits something. Specific.
Constitutional Law
Basic law of the land. Supreme law of the land. Protects the individual from the
government. Only government officials can violate someones rights
What are the 2 types of law?
Substantive law, Procedural law
Substantive Law
Rights and duties of citizens. Created by legislative and judicial action.
Procedural Law
Whereby substantive law is enforced.
Article VI
Supreme law of the land. Supremacy Clause. Contrary to the state, judges have to
abide by the US Constitution.
Habeas corpus
"have the body" Filed by the prisoner, to the judge, to see the legality of the detention.
What are the 4 procedural safeguards for a person accused of a crime?
Habeas Corpus, Jury, Bills of attainder, ex post facto laws
Jury
all criminal cases except impeachment be tried by a jury
Bill of attainder
special act of the legislature inflicting punishment on a person without a conviction
through judicial proceedings.
Ex post Facto
Cannot go back and charge someone when a new law comes out for someone who did
the crime before it became illegal.
Bill of rights
First 10 amendments
14th Amendment
State Due Process.
1st Amendment
Freedom of Speech, Religion, Press, Assembly, petition. Not absolute depending on
Reasonable: Time, Place, Manner.
What would be the Criminal and Civil consequences law enforcement officers
may face for violating a citizen's constitutional rights?
Arrested, Fired, Sued
, 2nd Amendment
Right to bare arms.
3rd Amendment
No quartering troops
4th Amendment
Unreasonable search and seizure.
Mapp v Ohio
Exclusionary Rule, Makes any illegally obtained evidence through an illegal search or
seizure inadmissible in court.
5th Amendment
Double Jeopardy, Self- incrimination, Federal Due Process
6th Amendment
Right to a speedy and public trial. Right to counsel. Attaches once the charge has been
filed.
8th Amendment
Protects from excessive bail
Procedural Due Process
will not take a persons life, liberty or property interest without notice and a meaningful
opportunity to be heard. "Trial"
Substantive Due Process
Guarantees that the notice, hearing, and results are fair
What does due process require to be fair?
A right to counsel, right to a speedy and public trial, right to be free from the use of
unlawfully seized evidence and unlawfully obtained confessions.
What court case deals with the frisk of a person?
Terry v Ohio
What court case deals with the exclusionary rule?
Mapp v Ohio
What court case deals with telling the rights of a person for silence, counsel
before the interrogation of a person?
Miranda v Arizona
What court case deals with prohibiting random vehicle stops?
Delaware v. Proust
Territorial Jurisdiction
Geographical area in which a law enforcement officer is empowered to act
State Wide Jurisdiction
Highway patrol, DMV, SBI, ALE, Wildlife, Probation and Parole
Local wide Jurisdiction
Sheriffs and Deputies, City police, ABC, Company police, campus police
Subject matter
types of crimes for which officers are authorized to arrest
What officers can arrest someone for any crime?
ALE, SBI, Sheriffs and deputies, city police, local abc, company police, campus police
What officers have a limited subject matter?
HP (chapter 20 crimes), DMV, wildlife, probation and parole
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