Constitutional Law MPTC Questions And Answers
1. 1st Amendment: Establishes freedom of religion,speech,press,assembly, and
petition.
2. Definition of religion under the 1st amendment: 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.
3. Definition of Speech under the 1st amendment: Protected speech includes
spoken and written words, the act of not speaking and symbolic conduct.
4. What are the following types of speech not protected by the 1st amend-
ment.: Obscenity, fighting words, threats, incendiary speech.
5. 2nd Amendment: Establishes the right to keep and bear arms. Intended to keep
and protect the individuals right to possess personal firearm for lawful purposes.
6. 4th Amendment: Prohibits unreasonable searches and seizures by the govern-
ment.
7. Definition of a Search: Physical invasion or intrusion of privacy by police on
people, homes or personal property to obtain info or gather evidence.
8. Definition of a seizure: When police take possession of property, make an arrest,
or restrict a persons ability to move freely.
9. 5th Amendment: Prohibits citizens from being punished for the same offense
twice (Double Jeopardy) from being compelled to testify against themselves (Self-In-
crimination) provides the right to indictment for certain types of offenses by a grand
jury and guarantees due process of law.
10. 6th Amendment: 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.
11. 8th Amendment: Protects people from excessive bail and fines and prohibits
cruel and unusual punishment.
12. 14th Amendment: Provided the people of all states the right to "Due Process"
and Equal Protection" under the law.
13. Definition of Due Process: Notice and opportunity to be heard fairly.
14. Definition of Constitutional Law: Basic law of the land
15. Bill of Rights definition: First 10 amendments to the Constitution
16. US constitution definition: Supreme Law of the land 7 articles 27 amendments
17. Massachusetts constitution Definition: The commonwealths document that
describes how state government is structured and articulates the rights of all
residents.
18. Mass Constitution Article 12 (XII) Definition: 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
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, Constitutional Law MPTC Questions And Answers
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.
19. Mass constitution Article 14 (XIV): 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.
20. Statutory Law: Written and enacted by legislative branches of state or federal
governments. Declare, command, or prohibit something.
21. Case Law: Decisions by federal and mass courts, primarily the U.S. Supreme
Court, the SJC, and Mass appeals court.
22. Objective: "Others" - What a reasonable person would do, act, or believe
23. Subjective: "Self" - What an individual person did or believed
24. Reasonable Suspicion: 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.
25. Probable Cause: Trustworthy facts and circumstances sufficient to convince a
person of reasonable caution to believe that it is more likely than not.
26. Probable Cause - in the case of a search.: A specific item subject to seizure
will be found in the place to be searched.
27. Probable Cause - in the case of an arrest: A crime has been committed and
the person to be arrested has committed it.
28. Collective Knowledge: Knowledge of one is the knowledge of all. Information
held by one may be used to establish reasonable suspicion or probable cause even
if not witnessed firsthand by or communicated to the officer making the stop, search,
or arrest.
29. Veracity: Whether the source is reliable or believable
30. Basis of Knowledge: Is how the source or witness acquired the information
31. Specific + Articulable facts: Area of encounter, Reason for encounter, Officer
Training experience, familiarity of defendant, Defendants nervousness or evasive
conduct, High crime area
32. Exclusionary Rule: Makes any evidence obtained by police in a unreasonable
search and seizure inadmissible in court.
33. Fruit of the Poisonous Tree: Any evidence directly derived from the illegal
search or evidence found incidental to the unlawful search will, generally speaking,
be suppressed.
34. Exclusionary Rule Exceptions: Attenuation/Purging the taint, Independent
source, Defective warrant, Invalid arrest
35. Attenuation/Purging the taint: When unlawful police action leads indirectly to
discovery of evidence or subsequent events reduce the impact of the unlawful action
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1. 1st Amendment: Establishes freedom of religion,speech,press,assembly, and
petition.
2. Definition of religion under the 1st amendment: 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.
3. Definition of Speech under the 1st amendment: Protected speech includes
spoken and written words, the act of not speaking and symbolic conduct.
4. What are the following types of speech not protected by the 1st amend-
ment.: Obscenity, fighting words, threats, incendiary speech.
5. 2nd Amendment: Establishes the right to keep and bear arms. Intended to keep
and protect the individuals right to possess personal firearm for lawful purposes.
6. 4th Amendment: Prohibits unreasonable searches and seizures by the govern-
ment.
7. Definition of a Search: Physical invasion or intrusion of privacy by police on
people, homes or personal property to obtain info or gather evidence.
8. Definition of a seizure: When police take possession of property, make an arrest,
or restrict a persons ability to move freely.
9. 5th Amendment: Prohibits citizens from being punished for the same offense
twice (Double Jeopardy) from being compelled to testify against themselves (Self-In-
crimination) provides the right to indictment for certain types of offenses by a grand
jury and guarantees due process of law.
10. 6th Amendment: 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.
11. 8th Amendment: Protects people from excessive bail and fines and prohibits
cruel and unusual punishment.
12. 14th Amendment: Provided the people of all states the right to "Due Process"
and Equal Protection" under the law.
13. Definition of Due Process: Notice and opportunity to be heard fairly.
14. Definition of Constitutional Law: Basic law of the land
15. Bill of Rights definition: First 10 amendments to the Constitution
16. US constitution definition: Supreme Law of the land 7 articles 27 amendments
17. Massachusetts constitution Definition: The commonwealths document that
describes how state government is structured and articulates the rights of all
residents.
18. Mass Constitution Article 12 (XII) Definition: 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
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, Constitutional Law MPTC Questions And Answers
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.
19. Mass constitution Article 14 (XIV): 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.
20. Statutory Law: Written and enacted by legislative branches of state or federal
governments. Declare, command, or prohibit something.
21. Case Law: Decisions by federal and mass courts, primarily the U.S. Supreme
Court, the SJC, and Mass appeals court.
22. Objective: "Others" - What a reasonable person would do, act, or believe
23. Subjective: "Self" - What an individual person did or believed
24. Reasonable Suspicion: 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.
25. Probable Cause: Trustworthy facts and circumstances sufficient to convince a
person of reasonable caution to believe that it is more likely than not.
26. Probable Cause - in the case of a search.: A specific item subject to seizure
will be found in the place to be searched.
27. Probable Cause - in the case of an arrest: A crime has been committed and
the person to be arrested has committed it.
28. Collective Knowledge: Knowledge of one is the knowledge of all. Information
held by one may be used to establish reasonable suspicion or probable cause even
if not witnessed firsthand by or communicated to the officer making the stop, search,
or arrest.
29. Veracity: Whether the source is reliable or believable
30. Basis of Knowledge: Is how the source or witness acquired the information
31. Specific + Articulable facts: Area of encounter, Reason for encounter, Officer
Training experience, familiarity of defendant, Defendants nervousness or evasive
conduct, High crime area
32. Exclusionary Rule: Makes any evidence obtained by police in a unreasonable
search and seizure inadmissible in court.
33. Fruit of the Poisonous Tree: Any evidence directly derived from the illegal
search or evidence found incidental to the unlawful search will, generally speaking,
be suppressed.
34. Exclusionary Rule Exceptions: Attenuation/Purging the taint, Independent
source, Defective warrant, Invalid arrest
35. Attenuation/Purging the taint: When unlawful police action leads indirectly to
discovery of evidence or subsequent events reduce the impact of the unlawful action
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