NC BLET Arrest, Search and Seizure EXAM
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Terms in this set (202)
Constitutional Law
Three Sources of Law Statutory Law
Common Law
The supreme law of the land. All other laws must
Constitutional Law
comply with the basic constitutional provisions.
Declares, commands, or Prohibits something.
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
US Constitution Article
regardless of contrary state law. This article also
VI/Supremacy Clause
requires all legislative, executive, and judicial officers
of both the states and the United States to take an
oath to support the Constitution.
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Habeas Corpus
The Four Procedural Jury
Safeguards Bills of Attainder
Ex Post Facto Laws
Bill of Rights First Ten Amendments to the U.S. Constitution
(Historical) Applied most of the safeguards in the bill
Due Process Clause
of rights to the States.
Freedom of Religion-Government may not require or
enforce religious observations. Free exercise but
criminal acts may be excluded(example- use of
Peyote during religious ceremony)
Freedom of Speech-Freedom of expression(Time
place manner), -Symbolic Speech(Burning the
First Amendment
American Flag)
Freedom of the Press- Protects the right to gather
and receive information
Freedom of Assembly and Petition- Citizens may
PEACEABLY assemble and petition the government
for a redress of grievances.
Restrictions on Free Panic exciting speech (Shouting FIRE in a movie
Speech theater)
Obscenity
Types of Speech with No
Fighting words
First Amendment
Threats
Protection
Incendiary Speech
States that Congress shall not infringe on the right of
The Second Amendment
the people to bear arms.
(Historical) Prevents the quartering of troops in
Third Amendment
private residences.
Prohibits unreasonable searches and seizures by the
Fourth Amendment
government.
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Any evidence obtained by the government through
Exclusionary Rule an illegal (unreasonable) search and seizure is
inadmissible in court.
Protects from-
Double Jeopardy
Self-Incrimination(Persons may waive this right after
Fifth Amendment
they are notified of their rights((Miranda)).
Due Process-Applies to the federal government 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 Counsel
the right to___________?
Preserves the right of trial by jury in civil cases.
Seventh Amendment
Provides for a trial by 12 people.
Protects from excessive bail
Eighth Amendment
Protects from Cruel and Unusual Punishment
Additional rights not listed in the first eight
Ninth Amendment
amendments.
Reserves the powers not granted to the United States
Tenth Amendment
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
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