Seizure Set Test Questions With
Verified
Correct Answers
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.
Exclusionary Rule - ANSWER ✔ : Any evidence
obtained by the government through an illegal
(unreasonable) search and seizure is inadmissible in
court.
Fifth Amendment - ANSWER ✔ : Protects from-
Double Jeopardy
Self-Incrimination(Persons may waive this right after they
are notified of their rights((Miranda)).
Due Process-Applies to the federal government only in
this amendment.
Sixth Amendment - ANSWER ✔ : 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 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 to___________? -
ANSWER ✔ : Counsel
Seventh Amendment - ANSWER ✔ : Preserves the right
of trial by jury in civil cases. Provides for a trial by 12
people.
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"
Eighth Amendment - ANSWER ✔ : Protects from
excessive bail
Protects from Cruel and Unusual Punishment
Ninth Amendment - ANSWER ✔ : Additional rights not
listed in the first eight amendments.