NC BLET Constitutional Law Exam Questions and Answers 100% Correct
What are the 3 sources of law? - ANSWER-Constitutional, Statutory, Common
Common Law - ANSWER-Judge-made, Referred to as Case Law, brought over by England, a lot of common law has been codified in state statutes
Statutory Law - ANSWER-Written laws. Declares, commands, or prohibits something. Specific.
Constitutional Law - ANSWER-Basic law of the land. Supreme law of the land. Protects the individual from the government. Only government officials can violate someones rights
What are the 2 types of law? - ANSWER-Substantive law, Procedural law
Substantive Law - ANSWER-Rights and duties of citizens. Created by legislative and judicial action.
Procedural Law - ANSWER-Whereby substantive law is enforced.
Article VI - ANSWER-Supreme law of the land. Supremacy Clause. Contrary to the state, judges have to abide by the US Constitution.
Habeas corpus - ANSWER-"have the body" Filed by the prisoner, to the judge, to see the legality of the detention.
What are the 4 procedural safeguards for a person accused of a crime? - ANSWER-
Habeas Corpus, Jury, Bills of attainder, ex post facto laws
Jury - ANSWER-all criminal cases except impeachment be tried by a jury Bill of attainder - ANSWER-special act of the legislature inflicting punishment on a person without a conviction through judicial proceedings.
Ex post Facto - ANSWER-Cannot go back and charge someone when a new law comes out for someone who did the crime before it became illegal.
Bill of rights - ANSWER-First 10 amendments
14th Amendment - ANSWER-State Due Process.
1st Amendment - ANSWER-Freedom of Speech, Religion, Press, Assembly, petition. Not absolute depending on Reasonable: Time, Place, Manner.
What would be the Criminal and Civil consequences law enforcement officers may face for violating a citizen's constitutional rights? - ANSWER-Arrested, Fired, Sued
2nd Amendment - ANSWER-Right to bare arms.
3rd Amendment - ANSWER-No quartering troops
4th Amendment - ANSWER-Unreasonable search and seizure.
Mapp v Ohio - ANSWER-Exclusionary Rule, Makes any illegally obtained evidence through an illegal search or seizure inadmissible in court.
5th Amendment - ANSWER-Double Jeopardy, Self- incrimination, Federal Due Process
6th Amendment - ANSWER-Right to a speedy and public trial. Right to counsel. Attaches once the charge has been filed.
What are the 3 sources of law? - ANSWER-Constitutional, Statutory, Common
Common Law - ANSWER-Judge-made, Referred to as Case Law, brought over by England, a lot of common law has been codified in state statutes
Statutory Law - ANSWER-Written laws. Declares, commands, or prohibits something. Specific.
Constitutional Law - ANSWER-Basic law of the land. Supreme law of the land. Protects the individual from the government. Only government officials can violate someones rights
What are the 2 types of law? - ANSWER-Substantive law, Procedural law
Substantive Law - ANSWER-Rights and duties of citizens. Created by legislative and judicial action.
Procedural Law - ANSWER-Whereby substantive law is enforced.
Article VI - ANSWER-Supreme law of the land. Supremacy Clause. Contrary to the state, judges have to abide by the US Constitution.
Habeas corpus - ANSWER-"have the body" Filed by the prisoner, to the judge, to see the legality of the detention.
What are the 4 procedural safeguards for a person accused of a crime? - ANSWER-
Habeas Corpus, Jury, Bills of attainder, ex post facto laws
Jury - ANSWER-all criminal cases except impeachment be tried by a jury Bill of attainder - ANSWER-special act of the legislature inflicting punishment on a person without a conviction through judicial proceedings.
Ex post Facto - ANSWER-Cannot go back and charge someone when a new law comes out for someone who did the crime before it became illegal.
Bill of rights - ANSWER-First 10 amendments
14th Amendment - ANSWER-State Due Process.
1st Amendment - ANSWER-Freedom of Speech, Religion, Press, Assembly, petition. Not absolute depending on Reasonable: Time, Place, Manner.
What would be the Criminal and Civil consequences law enforcement officers may face for violating a citizen's constitutional rights? - ANSWER-Arrested, Fired, Sued
2nd Amendment - ANSWER-Right to bare arms.
3rd Amendment - ANSWER-No quartering troops
4th Amendment - ANSWER-Unreasonable search and seizure.
Mapp v Ohio - ANSWER-Exclusionary Rule, Makes any illegally obtained evidence through an illegal search or seizure inadmissible in court.
5th Amendment - ANSWER-Double Jeopardy, Self- incrimination, Federal Due Process
6th Amendment - ANSWER-Right to a speedy and public trial. Right to counsel. Attaches once the charge has been filed.
