NC BLET Arrest, Search and Seizure Test with Verified Answers
Graded A+
Constitutional Law
Three Sources of Law Statutory Law
Common Law
The supreme law of the land. All other
Constitutional Law laws must comply with the basic consti-
tutional provisions.
Declares, commands, or Prohibits some-
thing.
Statutory Law
The written will of the politically elected
legislature.
Judge Made Law
Common Law
Tradition based "Case Law"
Substantive Law
Types of Law
Procedural Law
United States Constitution Divided into Seven Major Articles.
The Constitution, laws, and treaties of
the United States are the supreme law
of the land. Judges of every state are
bound by the US Constitution regardless
US Constitution Article VI/Supremacy
of contrary state law. This article also
Clause
requires all legislative, executive, and ju-
dicial officers of both the states and the
United States to take an oath to support
the Constitution.
Habeas Corpus
Jury
The Four Procedural Safeguards
Bills of Attainder
Ex Post Facto Laws
First Ten Amendments to the U.S. Con-
Bill of Rights
stitution
(Historical) Applied most of the safe-
Due Process Clause
guards in the bill of rights to the States.
,NC BLET Arrest, Search and Seizure Test with Verified Answers
Graded A+
Freedom of Religion-Government may
not require or enforce religious observa-
tions. Free exercise but criminal acts may
be excluded(example- use of Peyote dur-
ing religious ceremony)
Freedom of Speech-Freedom of ex-
pression(Time place manner), -Symbolic
First Amendment
Speech(Burning the American Flag)
Freedom of the Press- Protects the right
to gather and receive information
Freedom of Assembly and Petition- Cit-
izens may PEACEABLY assemble and
petition the government for a redress of
grievances.
Panic exciting speech (Shouting FIRE in
Restrictions on Free Speech
a movie theater)
Obscenity
Types of Speech with No First Amend- Fighting words
ment Protection Threats
Incendiary Speech
States that Congress shall not infringe on
The Second Amendment
the right of the people to bear arms.
(Historical) Prevents the quartering of
Third Amendment
troops in private residences.
Prohibits unreasonable searches and
Fourth Amendment
seizures by the government.
Any evidence obtained by the govern-
ment through an illegal (unreasonable)
Exclusionary Rule
search and seizure is inadmissible in
court.
Protects from-
Double Jeopardy
Fifth Amendment Self-Incrimination(Persons may waive
this right after they are notified of their
rights((Miranda)).
, NC BLET Arrest, Search and Seizure Test with Verified Answers
Graded A+
Due Process-Applies to the federal gov-
ernment only in this amendment.
Gives an accused certain fundamental
rights in criminal prosecutions. Grants
the rights to a speedy and public trial,
right to an impartial jury, right to face
Sixth Amendment ones accusers, right to be informed of
the nature and cause of the accusation
and right to legal process to compel the
appearance of witnesses. GRANTS THE
ACCUSED RIGHT TO COUNSEL
Sixth Amendment grants the right
Counsel
to ?
Preserves the right of trial by jury in civil
Seventh Amendment
cases. Provides for a trial by 12 people.
Protects from excessive bail
Eighth Amendment Protects from Cruel and Unusual Punish-
ment
Additional rights not listed in the first
Ninth Amendment
eight amendments.
Reserves the powers not granted to the
Tenth Amendment United States Government to the states
or the people.
Due process of the Law
Fourteenth Amendment Equal Protection of the laws(government
only)
Procedural Due Process
Two types of Due Process
Substantive Due Process
Guarantees that the government will not
take a persons life, liberty, or property
Procedural Due Process
interest without notice and a meaningful
opportunity to be heard.
Guarantees that the notice,hearing, and
Substantive Due Process
result are fair
Graded A+
Constitutional Law
Three Sources of Law Statutory Law
Common Law
The supreme law of the land. All other
Constitutional Law laws must comply with the basic consti-
tutional provisions.
Declares, commands, or Prohibits some-
thing.
Statutory Law
The written will of the politically elected
legislature.
Judge Made Law
Common Law
Tradition based "Case Law"
Substantive Law
Types of Law
Procedural Law
United States Constitution Divided into Seven Major Articles.
The Constitution, laws, and treaties of
the United States are the supreme law
of the land. Judges of every state are
bound by the US Constitution regardless
US Constitution Article VI/Supremacy
of contrary state law. This article also
Clause
requires all legislative, executive, and ju-
dicial officers of both the states and the
United States to take an oath to support
the Constitution.
Habeas Corpus
Jury
The Four Procedural Safeguards
Bills of Attainder
Ex Post Facto Laws
First Ten Amendments to the U.S. Con-
Bill of Rights
stitution
(Historical) Applied most of the safe-
Due Process Clause
guards in the bill of rights to the States.
,NC BLET Arrest, Search and Seizure Test with Verified Answers
Graded A+
Freedom of Religion-Government may
not require or enforce religious observa-
tions. Free exercise but criminal acts may
be excluded(example- use of Peyote dur-
ing religious ceremony)
Freedom of Speech-Freedom of ex-
pression(Time place manner), -Symbolic
First Amendment
Speech(Burning the American Flag)
Freedom of the Press- Protects the right
to gather and receive information
Freedom of Assembly and Petition- Cit-
izens may PEACEABLY assemble and
petition the government for a redress of
grievances.
Panic exciting speech (Shouting FIRE in
Restrictions on Free Speech
a movie theater)
Obscenity
Types of Speech with No First Amend- Fighting words
ment Protection Threats
Incendiary Speech
States that Congress shall not infringe on
The Second Amendment
the right of the people to bear arms.
(Historical) Prevents the quartering of
Third Amendment
troops in private residences.
Prohibits unreasonable searches and
Fourth Amendment
seizures by the government.
Any evidence obtained by the govern-
ment through an illegal (unreasonable)
Exclusionary Rule
search and seizure is inadmissible in
court.
Protects from-
Double Jeopardy
Fifth Amendment Self-Incrimination(Persons may waive
this right after they are notified of their
rights((Miranda)).
, NC BLET Arrest, Search and Seizure Test with Verified Answers
Graded A+
Due Process-Applies to the federal gov-
ernment only in this amendment.
Gives an accused certain fundamental
rights in criminal prosecutions. Grants
the rights to a speedy and public trial,
right to an impartial jury, right to face
Sixth Amendment ones accusers, right to be informed of
the nature and cause of the accusation
and right to legal process to compel the
appearance of witnesses. GRANTS THE
ACCUSED RIGHT TO COUNSEL
Sixth Amendment grants the right
Counsel
to ?
Preserves the right of trial by jury in civil
Seventh Amendment
cases. Provides for a trial by 12 people.
Protects from excessive bail
Eighth Amendment Protects from Cruel and Unusual Punish-
ment
Additional rights not listed in the first
Ninth Amendment
eight amendments.
Reserves the powers not granted to the
Tenth Amendment United States Government to the states
or the people.
Due process of the Law
Fourteenth Amendment Equal Protection of the laws(government
only)
Procedural Due Process
Two types of Due Process
Substantive Due Process
Guarantees that the government will not
take a persons life, liberty, or property
Procedural Due Process
interest without notice and a meaningful
opportunity to be heard.
Guarantees that the notice,hearing, and
Substantive Due Process
result are fair
