C BLET Arrest, Search and Seizure Test with Answers Graded A+
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C BLET Arrest, Search and Seizure
Institution
C BLET Arrest, Search And Seizure
C BLET Arrest, Search and Seizure Test with Answers Graded A+
1. Three Sources of Law Constitutional Law
Statutory Law
Common Law
2. Constitutional Law The supreme law of the land. All
other laws must comply with the
basic constitutional provisions.
3. Statutory Law Declares, commands, or Pr...
C BLET Arrest, Search and Seizure Test with Answers Graded A+
1. Three Sources of Law Constitutional Law
Statutory Law
Common Law
2. Constitutional Law The supreme law of the land. All
other laws must comply with the
basic constitutional provisions.
3. Statutory Law Declares, commands, or Pro-
hibits something.
The written will of the politically
elected legislature.
4. Common Law Judge Made Law
Tradition based "Case Law"
5. Types of Law Substantive Law
Procedural Law
6. United States Constitution Divided into Seven Major Arti-
cles.
7. US Constitution Article VI/Supremacy The Constitution, laws, and
Clause treaties of the United States are
the supreme law of the land.
Judges of every state are bound
by the US Constitution regard-
less of contrary state law. This
article also requires all legisla-
tive, executive, and judicial offi-
cers of both the states and the
United States to take an oath to
support the Constitution.
8. The Four Procedural Safeguards Habeas Corpus
Jury
Bills of Attainder
Ex Post Facto Laws
9. Bill of Rights
,C BLET Arrest, Search and Seizure Test with Answers Graded A+
First Ten Amendments to the
U.S. Constitution
10. Due Process Clause (Historical) Applied most of the
safeguards in the bill of rights to
the States.
11. First Amendment Freedom of Religion-Govern-
ment may not require or enforce
religious observations. Free ex-
ercise but criminal acts may be
excluded(example- use of Pey-
ote during religious ceremony)
Freedom of Speech-Freedom of
expression(Time place manner),
-Symbolic Speech(Burning the
American Flag)
Freedom of the Press- Protects
the right to gather and receive
information
Freedom of Assembly and Peti-
tion- Citizens may PEACEABLY
assemble and petition the gov-
ernment for a redress of griev-
ances.
12. Restrictions on Free Speech Panic exciting speech (Shouting
FIRE in a movie theater)
13. Types of Speech with No First Amend- Obscenity
ment Protection Fighting words
Threats
Incendiary Speech
14. The Second Amendment States that Congress shall not
infringe on the right of the people
to bear arms.
15. Third Amendment
,C BLET Arrest, Search and Seizure Test with Answers Graded A+
(Historical) Prevents the quar-
tering of troops in private resi-
dences.
16. Fourth Amendment Prohibits unreasonable search-
es and seizures by the govern-
ment.
17. Exclusionary Rule Any evidence obtained by the
government through an ille-
gal (unreasonable) search and
seizure is inadmissible in court.
18. Fifth Amendment Protects from-
Double Jeopardy
Self-Incrimination(Persons may
waive this right after they are no-
tified of their rights((Miranda)).
Due Process-Applies to the fed-
eral government only in this
amendment.
19. Sixth Amendment Gives an accused certain fun-
damental rights in criminal pros-
ecutions. Grants the rights to
a speedy and public trial, right
to an impartial jury, right to
face ones accusers, right to
be informed of the nature and
cause of the accusation and
right to legal process to com-
pel the appearance of witness-
es. GRANTS THE ACCUSED
RIGHT TO COUNSEL
20. Sixth Amendment grants the right Counsel
to ?
21. Seventh Amendment
, C BLET Arrest, Search and Seizure Test with Answers Graded A+
Preserves the right of trial by jury
in civil cases. Provides for a trial
by 12 people.
22. Eighth Amendment Protects from excessive bail
Protects from Cruel and Unusual
Punishment
23. Ninth Amendment Additional rights not listed in the
first eight amendments.
24. Tenth Amendment Reserves the powers not grant-
ed to the United States Govern-
ment to the states or the people.
25. Fourteenth Amendment Due process of the Law
Equal Protection of the
laws(government only)
26. Two types of Due Process Procedural Due Process
Substantive Due Process
27. Procedural Due Process Guarantees that the government
will not take a persons life, lib-
erty, or property interest without
notice and a meaningful oppor-
tunity to be heard.
28. Substantive Due Process Guarantees that the notice,hear-
ing, and result are fair
29. Due Process guaran- A right to counsel
tees , , and A right to speedy and public trial
? A right to be free from the use of
unlawfully seized evidence and
unlawfully obtained confessions.
30. Two types of Jurisdiction Territorial
Subject Matter
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