NC BLET ARREST, SEARCH AND
SEIZURE/CONSTITUTIONAL LAW EXAM
QUESTIONS AND ANSWERS
What rights are conferred by the First Amendment? - Answer-Right to freedom of
religion, speech, press, assembly, and petition
A constitutional doctrine that ensures states cannot enact laws that take away the
constitutional rights of American citizens that are enshrined in the Bill of Rights. -
Answer-Selective Incorporation
Laws that are illegal because they attempt to make certain conduct illegal after the fact.
- Answer-Ex Post Facto Laws
A special act of the legislature inflicting punishment on a person without a conviction
through judicial proceedings. - Answer-Bills of Attainder
This writ is directed to the person detaining a prisoner and requires that custodian to
bring the prisoner before a judge for a determination upon the legality of the detention. -
Answer-Habeas Corpus
This procedural safeguard requires that all criminal cases except impeachment be tried
by a __________. - Answer-Jury
This type of law defines the rights and duties of citizens. It prohibits conduct such as
robbery, larceny, and assault. - Answer-Substantive Law
This type of law specifies the method whereby substantive law is enforced. (ex:
issuance, execution, and return of search warrants) - Answer-Procedural Law
What clause states that the government may not enforce religious observations or
compel citizens to follow any particular religion, either through law or spending of tax
dollars? - Answer-Establishment Clause
What clause states that citizens have a right to worship God, a Supreme Being or hold
any other belief in compliance with their conscience (or not to hold such beliefs)? -
Answer-Free Exercise Clause
The U.S. Supreme Court has ruled that (action)
__________________________________ is symbolic speech and protected by the
First Amendment. - Answer-burning the American Flag
, What type of obscenity will never be protected by the First Amendment? - Answer-Child
Pornography
The _________ Amendment prohibits unreasonable searches and seizures by the
government. - Answer-Fourth
This rule makes any evidence obtained by the government through an unreasonable
search and seizure inadmissible in court. (Mapp v. Ohio) - Answer-Exclusionary Rule
The ___________ Amendment specifies the rights of persons accused of crimes. -
Answer-Fifth
What 3 provisions, examined in this block of instruction, are contained in the Fifth
Amendment? - Answer-Double Jeopardy, Self-Incrimination, and Due Process
This provision (5th Amendment) protects an individual against repeated trials and
possible conviction for the same offense. - Answer-Double Jeopardy
This provision preserves the common law rule that the State cannot compel a person to
furnish statements against one self. - Answer-Self-Incrimination
The ___________ Amendment grants an individual the right to a speedy and public trial
, information about the nature and cause of the accusation, to confront witnesses
against him, to attaining witnesses in his favor, and to the assistance of counsel for his
defense. - Answer-Sixth
The ________ Amendment explicitly prohibits states from violating an individual's rights
of due process and equal protection. - Answer-Fourteenth
There are two types of due process, what are they? - Answer-Procedural and
Substantive
_______________ due process guarantees that the government will not take a person's
life, liberty, or property interest without notice and a meaningful opportunity to be heard.
- Answer-Procedural
______________ due process guarantees that the notice, hearing, and result is fair. -
Answer-Substantive
True or False? It is a due process violation for officers to make promises which they
cannot keep in an effort to obtain a statement. - Answer-True
What two (2) Amendments deal with Due Process? - Answer-5th and 14th
Due process requires the state to prove a defendant's guilt beyond a
__________________. - Answer-reasonable doubt
SEIZURE/CONSTITUTIONAL LAW EXAM
QUESTIONS AND ANSWERS
What rights are conferred by the First Amendment? - Answer-Right to freedom of
religion, speech, press, assembly, and petition
A constitutional doctrine that ensures states cannot enact laws that take away the
constitutional rights of American citizens that are enshrined in the Bill of Rights. -
Answer-Selective Incorporation
Laws that are illegal because they attempt to make certain conduct illegal after the fact.
- Answer-Ex Post Facto Laws
A special act of the legislature inflicting punishment on a person without a conviction
through judicial proceedings. - Answer-Bills of Attainder
This writ is directed to the person detaining a prisoner and requires that custodian to
bring the prisoner before a judge for a determination upon the legality of the detention. -
Answer-Habeas Corpus
This procedural safeguard requires that all criminal cases except impeachment be tried
by a __________. - Answer-Jury
This type of law defines the rights and duties of citizens. It prohibits conduct such as
robbery, larceny, and assault. - Answer-Substantive Law
This type of law specifies the method whereby substantive law is enforced. (ex:
issuance, execution, and return of search warrants) - Answer-Procedural Law
What clause states that the government may not enforce religious observations or
compel citizens to follow any particular religion, either through law or spending of tax
dollars? - Answer-Establishment Clause
What clause states that citizens have a right to worship God, a Supreme Being or hold
any other belief in compliance with their conscience (or not to hold such beliefs)? -
Answer-Free Exercise Clause
The U.S. Supreme Court has ruled that (action)
__________________________________ is symbolic speech and protected by the
First Amendment. - Answer-burning the American Flag
, What type of obscenity will never be protected by the First Amendment? - Answer-Child
Pornography
The _________ Amendment prohibits unreasonable searches and seizures by the
government. - Answer-Fourth
This rule makes any evidence obtained by the government through an unreasonable
search and seizure inadmissible in court. (Mapp v. Ohio) - Answer-Exclusionary Rule
The ___________ Amendment specifies the rights of persons accused of crimes. -
Answer-Fifth
What 3 provisions, examined in this block of instruction, are contained in the Fifth
Amendment? - Answer-Double Jeopardy, Self-Incrimination, and Due Process
This provision (5th Amendment) protects an individual against repeated trials and
possible conviction for the same offense. - Answer-Double Jeopardy
This provision preserves the common law rule that the State cannot compel a person to
furnish statements against one self. - Answer-Self-Incrimination
The ___________ Amendment grants an individual the right to a speedy and public trial
, information about the nature and cause of the accusation, to confront witnesses
against him, to attaining witnesses in his favor, and to the assistance of counsel for his
defense. - Answer-Sixth
The ________ Amendment explicitly prohibits states from violating an individual's rights
of due process and equal protection. - Answer-Fourteenth
There are two types of due process, what are they? - Answer-Procedural and
Substantive
_______________ due process guarantees that the government will not take a person's
life, liberty, or property interest without notice and a meaningful opportunity to be heard.
- Answer-Procedural
______________ due process guarantees that the notice, hearing, and result is fair. -
Answer-Substantive
True or False? It is a due process violation for officers to make promises which they
cannot keep in an effort to obtain a statement. - Answer-True
What two (2) Amendments deal with Due Process? - Answer-5th and 14th
Due process requires the state to prove a defendant's guilt beyond a
__________________. - Answer-reasonable doubt
