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

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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

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Institution
NC BLET
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Uploaded on
May 25, 2024
Number of pages
26
Written in
2023/2024
Type
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R190,01
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