Constitutional Law MPTC 110 Questions And Answers

Constitutional law - ✔ ✔ Basic law of the l and in the United constitution Statutory law - ✔ ✔ Written and enacted by legislative branches of state of federal goverment Case law - ✔ ✔ Courts decisions Bill of rights - ✔ ✔ First ten amendments - provides protections for individual liberties and sp ecific prohibitions on government power 1st admendment - ✔ ✔ Establishes freedom of religion,speech,press,assembly,petitions Religion - ✔ ✔ Right to worship a god or supreme being. the government cannot require or enforce observations or compel citizens to follow any particular religion Speech - ✔ ✔ Protected speech included spoken and written words the act of not speaking and symbolic conduct For example:the U.S. Supreme Court ruled that the American flag burning is protected " symbolic speech" Fighti ng words - ✔ ✔ Spoken or written words directed towards another citizens that are intended and likely to incite immediate physical retaliations Threats - ✔ ✔ Utterance intended to inimidate citizens provide no social benefit Incendiary speech - ✔ ✔ Peace ful protest against the goverment are protected unless the speaker advocates violence or encourages lawless actions that is likely to occur 2nd amendment - ✔ ✔ Right to keep and bear arms 3rd amendment - ✔ ✔ Prohibits soldiers from being quartered in any house 4th amendment - ✔ ✔ Prohibits unreasonableness searches or seizures by the goverment 5th amendment - ✔ ✔ Prohibits citizens from being prosecuted for the same offense two ( double jeopardy) and from being compelled to testify against themselves ( self -incrimination) 6th amendment - ✔ ✔ Requires all person charged with a crime to be informed of charges against them. People charge its with a crime have the right to counsel and speedy trial by impartial jury. People charged with a crime also h ave a right to compel witness to appear and testify on their behalf 7th amendment - ✔ ✔ Provides the right to a jury trial in civil cases 8th amendment - ✔ ✔ Protects people from excessive bail or fines and prohibits fuel and unusual punishment 10th ame ndment - ✔ ✔ Reserves power not grant d to the federal government to the states or the poeple 9th amending - ✔ ✔ Right retained by the people not specifically identified in the constitution 14th amendment - ✔ ✔ Provide the people of all states the right to "due process" and " equal protection under the law" Two types of due process - ✔ ✔ Procedural and substantive due process Procedural due process - ✔ ✔ Guarantees that the government will not take a person's life liberty or property interest without no tice and meaningful opportunity to be heard Substantive due process - ✔ ✔ Guarantees that the notice hearing and result are fair Massachusetts constitution - ✔ ✔ Document that describes how state governments is structured and articulates the rights of re sidents Civil liability - ✔ ✔ Is potential responsibility for payment of damage or other court impose sanctions from lawsuits Example of civil liability - ✔ ✔ False arrest Use of force Mailicious prosecution Failure to intervene to stop unlawful actions by fellow officer Jurisdiction - ✔ ✔ Specific geographical area or territory where police officers constables or other authorized Massachusetts official can arrest or serve processes provided they are in unifo rm or display badge of office