NC BLET Arrest, Search and Seizure Exam Questions and Answers 100% Accurate

Three Sources of Law - ANSWER-Constitutional Law Statutory Law Common Law Constitutional Law - ANSWER-The supreme law of the land. All other laws must comply with the basic constitutional provisions. Statutory Law - ANSWER-Declares, commands, or Prohibits something. The written will of the politically elected legislature. Common Law - ANSWER-Judge Made Law Tradition based "Case Law" Types of Law - ANSWER-Substantive Law Procedural Law United States Constitution - ANSWER-Divided into Seven Major Articles. US Constitution Article VI/Supremacy Clause - ANSWER-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 of contrary state law. This article also requires all legislative, executive, and judicial officers of both the states and the United States to take an oath to support the Constitution. The Four Procedural Safeguards - ANSWER-Habeas Corpus Jury Bills of Attainder Ex Post Facto Laws Bill of Rights - ANSWER-First Ten Amendments to the U.S. Constitution Due Process Clause - ANSWER-(Historical) Applied most of the safeguards in the bill of rights to the States. First Amendment - ANSWER-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 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 Speech - ANSWER-Panic exciting speech (Shouting FIRE in a movie theater) Types of Speech with No First Amendment Protection - ANSWER-Obscenity Fighting words Threats Incendiary Speech The Second Amendment - ANSWER-States that Congress shall not infringe on the right of the people to bear arms. Third Amendment - ANSWER-(Historical) Prevents the quartering of troops in private residences. Fourth Amendment - ANSWER-Prohibits unreasonable searches and seizures by the government.