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Bpoc > Constitution > Flashcards

Constitution Flashcards

1
Q

Habeas Corpus is found where?

A

USC Art. 1 Sec. 9
TX Constitution Art. 1 Sec. 12
CCP Art. 1.08

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2
Q

The ____ __ ______ _______ is the remedy to be used when any person is restrained in his liberty.

A

writ of habeas corpus

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3
Q

_______ _________ order issued by a court or judge of competent jurisdiction, directed to any one having a person in his custody, or under his restraint, commanding him to produce such person, at a time and place named in the writ, and show why he is held in custody or under restraint

A

writ of habeas corpus

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4
Q

“Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievance.

A

USC 1st Amendment

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5
Q

Unreasonable Searches and Seizures is found in what Amendment?

A

4th Amendment

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6
Q

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…

A

4th Amendment

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7
Q

Citizens are protected from unreasonable search or seizure of a citizen’s:

A

Person
house (Tent, RV, Travel Trailer,
Businesses, Desks, Lockers)
papers (Documents)
effects (Belongings, Things)

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8
Q

Unreasonable Searches and Seizures is found where?

A

USC 4th Amendment
TX Constitution Art. 1 Sec. 9
CCP Art. 1.06

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9
Q

What amendment protects individuals from double jeopardy?

A

USC 5th Amendment

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10
Q

What amendment states an individual shall not be compelled in any criminal case to be a witness against himself?

A

USC 5th Amendment

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11
Q

What amendment states an individual shall have the right to a speedy trial?

A

USC 6th Amendment

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12
Q

Under what amendment are these rights guaranteed?
A formal trial free from unreasonable delay
A trial open to public view
Cross-examine witnesses
Obtain witnesses by requiring their presence in court

A

USC 6th Amendment

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13
Q

What amendment gives individuals a right to trial by jury in civil cases?

A

USC 7th Amendment

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14
Q

What amendment protects an individual from excessive bail?

A

USC 8th Amendment

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15
Q

What amendment protects an individual from cruel and unusual punishment?

A

USC 8th Amendment

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16
Q

What amendment states that all rights not enumerated are retained by the people?

A

USC 9th Amendment

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17
Q

Powers not delegated to the Federal government are retained by the states is called what?

A

police powers amendment
10th

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18
Q

powers not temporarily granted to the federal government by the Constitution and/or the Bill of Rights, are still the property of individual States, which amendment?

A

USC 10th Amendment

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19
Q

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.“ is which amendment?

A

USC 14th Amendment

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20
Q

which amendment says that State governments (as well as the Federal government) must respect the Constitutional rights of United States citizens.

A

USC 14th Amendment

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21
Q

_____ _______ is an act of a legislature declaring a person or group of persons guilty of some crime and punishing them without the privilege of a judicial trial.

A

A bill of attainder

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22
Q

__ ______ is a law that retroactively changes the legal consequences (or status) of actions that were committed before the enactment of the law.

A

An ex post facto law (“after the facts”)

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23
Q

What rights can a person waive?

A

Waiver of Trial by Jury
Waiver of Rights
Waiver of Indictment for Noncapital Felony

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24
Q

All policing agencies perform the same basic duties and responsibilities, which are

A

maintain law and order,
provide community assistance, and
investigate crimes

25
Q

Which policing agencies perform the same basic duties and responsibilities?

A

City
County
State
Federal

26
Q

Each Texas county has an elected constable. The constable is elected by precincts in each county. The constable’s jurisdiction is ____________

A

the precinct where he was elected

27
Q

The United States Department of Justice is responsible for the enforcement of the law and administration of justice. Several federal law enforcement agencies are administered by the Department of Justice:

A

Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)
Drug Enforcement Administration (DEA)
Federal Bureau of Investigation (FBI)
Federal Bureau of Prisons (BOP)
National Institute of Corrections
United States Marshals Service (USMS)

28
Q

_________ is a specialized federal law enforcement agency and regulatory organization within the United States Department of Justice.

A

ATF

29
Q

The ______ is the enforcement arm of the United States federal courts.

A

USMS (United States Marshals Service)

30
Q

Function And Role Of Federal Law Enforcement In Homeland Security Several federal law enforcement agencies are administered by the U.S. Department of Homeland Security

A

United States Citizenship and Immigration Services
U.S. Customs and Border Protection
Federal Emergency Management Agency
U.S. Immigration and Customs Enforcement
Transportation Security Administration
United States Coast Guard
National Protection and Programs Directorate
United States Secret Service

31
Q

The criminal justice system in the U.S. serves three primary purposes. The criminal justice system __________, _____________, ____________

A

exists to investigate, prosecute and punish crime

32
Q

When city ordinances relating to fire safety, zoning, and public health are violated, fines of up to _____may be charged,

A

$2,000

33
Q

What is the fine imposed by municipal courts for Class C misdemeanors?

A

$500

34
Q

The TDCJ operates the ______ largest state prison system in the United States after 2001.

A

second

35
Q

The TDCJ operates the ______ largest state prison system in the United States before 2001.

A

First

36
Q

The Texas criminal justice system is organized in three (3) component parts:

A

Law enforcement (Police)
Courts
Corrections

37
Q

Correctional releases (parole & time complete) often impact police functions if the ________ _________ _________

A

correctional system fails

38
Q

_______ _____that portions of the law which defines the personal and property rights of individuals; the rights of an individual to seek redress or to prevent a wrong; any action other than criminal proceedings.

A

Civil law

39
Q

__________ ___prescribes the punishment to be imposed for such conduct. It includes the definition of specific offenses and general principles of criminal responsibility.

A

Criminal Law

40
Q

A municipal court, including a municipal court of record, shall have exclusive original jurisdiction within the ____________ ___________ of the municipality

A

territorial limits/
City Limits (TCOLE Test)

41
Q

__________ _________ have original jurisdiction in Class C misdemeanor criminal cases, which are less serious minor offenses. These courts also have jurisdiction over minor civil matters and may issue search or arrest warrant

A

Justice of the peace courts

42
Q

Justice of the peace courts hear civil actions in cases of not more than _______

A

$10,000

43
Q

Which court has original jurisdiction over Small claims, Criminal misdemeanors punishable by fine only(no confinement), Class C
Magistrate functions, and the Jurisdiction is within the precinct where the court is located

A

Justice of the peace courts

44
Q

Which court has original and exclusive jurisdiction over their counties’ probate matters, guardianship cases, and mental health commitments?

A

Statutory Probate Courts

45
Q

which court has original jurisdiction in felony criminal cases, divorce cases, cases involving title to land, election contest cases, civil matters in which the amount of money or damages involved is $200 or more, and any matters in which jurisdiction is not placed in another trial court?

A

District Courts

46
Q

Which court has original jurisdiction in: civil actions over $200, divorce, title to land,
contested elections?

A

District Courts

47
Q

______ _______ and criminal district courts shall have original jurisdiction in criminal cases of the grade of felony, of all misdemeanors involving official misconduct, and of misdemeanor cases transferred to the district court under Article 4.17 of this code

A

District Courts

48
Q

Which court is Texas’ highest court for criminal cases?

A

Court of Criminal Appeals

49
Q

Texas Supreme Court has how many justices?

A

9

50
Q

What is the biggest difference between the Texas Supreme Court and the Supreme Court?

A

Texas Supreme Court only hears civil cases

51
Q

Texas Supreme Court justices are elected to?

A

staggered six-year terms in statewide elections

52
Q

The United States Supreme Court has how many justices?

A

9

53
Q

The United States Supreme Court justices serve for how long?

A

appointed for life by the President and confirmed by the Senate

54
Q

_________ _________ means that cases are referred first to this court.

A

“Original jurisdiction”

55
Q

It is the duty of every __________ to preserve the peace within his jurisdiction by the use of all lawful means; to issue all process intended to aid in preventing and suppressing crime; to cause the arrest of offenders by the use of lawful means in order that they may be brought to punishment

A

magistrate

56
Q

When the magistrate sits for the purpose of inquiring into a criminal accusation against any person, this is called?

A

an examining court

57
Q

Due Process begins when the officer has ________ ________ to believe the person committed a crime

A

probable cause

58
Q

It is the duty of every magistrate to preserve the peace within his jurisdiction by the use of all lawful means; to issue all process intended to aid in preventing and suppressing crime; to cause the _______ of offenders by the use of lawful means in order that they may be brought to punishment

A

arrest

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