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BLET > Constitutional Law Flashcards #2 > Flashcards

Constitutional Law Flashcards #2

1
Q

Question

A

Answer

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2
Q

What are the three sources of law?

A

Constitutional Law, Statutory Law, Common Law.

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3
Q

What is Constitutional Law?

A

Fundamental principles and grants/limitations of power. Supreme Law of the Land. All other laws must comply with it. Establishes the form of our government. Grants fundamental freedoms of the people. All other laws must submit to the constitution.

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4
Q

What does the State Constitution describe?

A
  • The basic organization of the state government, including legislative, judicial, executive, and administrative branches.
  • Establishes basic rights of citizens of the state.
  • Makes provisions for amendments and legislative enactments.
  • Also includes judicial interpretation of the constitution.
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5
Q

What is Statutory Law?

A

Written laws enacted by a governing body taking action.

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6
Q

What are the three types of statutory law?

A

U.S. Code (Federal), General Statute (State Level), Municipal Codes (City Codes/ordinances).

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7
Q

What is Common Law?

A

Common laws handed down from historic times (typically from England) and judge-made law based on court decisions and customs.

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8
Q

What is an example of Common Law being codified in statute?

A

Stealing, which has always been wrong, was officially made illegal as Larceny.

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9
Q

What is an example of Common Law still being Common Law?

A

Armed robbery with a finger gun (common law robbery). Forgery is another example.

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10
Q

What does the First Amendment protect?

A

Protects freedoms of speech, religion, press, assembly, and petition. Limits on law enforcement regarding these freedoms.

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11
Q

What are the consequences for violating constitutional rights?

A

Criminal prosecution, civil liability, suppression of evidence, and department discipline.

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12
Q

What is the Exclusionary Rule?

A

Makes any evidence obtained through an illegal search and seizure inadmissible in court. Mapp v. Ohio, 367 U.S. 643 (1961).

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13
Q

What is another name for the Exclusionary Rule?

A

Fruit of the poisonous tree.

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14
Q

What is Substantive Law?

A

Defines the rights and duties of citizens. Created by legislative or judicial action. Prohibits conduct such as robbery, larceny, or assault. Prescribes conduct, what you have to do, and what you can’t do.

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15
Q

What is Procedural Law?

A

Methods and requirements to enforce substantive law. The statutes concerning issuance, execution, and return of search warrants are examples.

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16
Q

What is an example of Procedural Law?

A

Statutes concerning the issuance, execution, and return of search warrants.

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17
Q

How many articles are in the Constitution?

A

Seven articles.

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18
Q

What does Article 1 of the Constitution cover?

A

Structure & function of Congress.

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19
Q

What does Article 2 of the Constitution cover?

A

Executive branch of government.

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20
Q

What does Article 3 of the Constitution cover?

A

Judicial powers.

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21
Q

What does Article 4 of the Constitution cover?

A

Duties that states owe each other.

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22
Q

What does Article 5 of the Constitution cover?

A

Amendment procedures.

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23
Q

What does Article 6 of the Constitution cover?

A

Supremacy Clause.

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24
Q

What does Article 7 of the Constitution cover?

A

Requirements for ratification.

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25
Q

What are the four procedural safeguards guaranteed in the Constitution?

A

Habeas Corpus, Jury, Bills of attainder (prohibition of), Ex Post Facto Laws (forbidden).

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26
Q

What is Habeas Corpus?

A

Latin for “to deliver up a body.” Article I, Section 9. Requires the government to produce a prisoner before a judge and show good cause for the prisoner’s detention.

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27
Q

What does a Jury mean?

A

Article II, Section 2. All criminal cases except impeachment must be tried by a jury. All defendants in criminal matters are entitled to be tried by a jury.

28
Q

What is a Bill of Attainder?

A

A special act of the legislature inflicting punishment on a person without a conviction through judicial proceedings.

29
Q

What are Ex Post Facto Laws?

A

Article I, Sections 9 and 10 forbid laws that make conduct illegal after the fact. Prohibits any law which makes criminal an act that was innocent when done.

30
Q

What are the Five Guarantees of the 1st Amendment?

A

Freedom of religion, speech, press, assembly, petition.

31
Q

What are the two parts of Freedom of Religion?

A

Freedom of establishment, Free Exercise Clause.

32
Q

What is the Freedom of Establishment clause?

A

Government can’t require or enforce religious observations.

33
Q

What is the Free Exercise Clause?

A

Citizens have a right to worship as they choose or not to worship. States may prohibit most criminal acts even if performed under the guise of religious ceremonies.

34
Q

What is Freedom of Press?

A

Communication through various media, including printed and electronic, may be exercised freely without interference. The press has no greater right to information than an ordinary citizen.

35
Q

What is Freedom of Assembly?

A

The right to assemble and protest. The right to petition allows people to seek redress of grievances and access the government without retaliation.

36
Q

What is Freedom of Speech?

A

The right to express opinions without censorship or punishment from the government. Covered forms include speaking, writing, and sharing information in any format.

37
Q

What are the requirements for regulating speech?

A

Content neutral, narrowly tailored to serve a significant government interest.

38
Q

What are the reasons for regulating freedom?

A

Protection of participants, planning and allocation of resources. Regulations must support a legitimate governmental interest and the government’s interest must outweigh the citizen’s right.

39
Q

What speech is not protected?

A

Obscenity, Fighting Words, Threats, Incendiary speech.

40
Q

What is Obscenity?

A

A depiction of sexual conduct that appeals to the prurient interest in sex, portrays sex in a patently offensive way, and lacks serious literary, artistic, political, or scientific value.

41
Q

What are Fighting Words?

A

Words addressed to an ordinary citizen intended to incite immediate physical retaliation are not protected by the First Amendment.

42
Q

What are Threats?

A

Utterances calculated to intimidate and provide no social benefit.

43
Q

What is Incendiary Speech?

A

Speech that advocates imminent violent use of force against the government. Encourages violent, lawless action likely to occur.

44
Q

What does the 2nd Amendment establish?

A

The right to keep and bear arms.

45
Q

What does the 3rd Amendment prohibit?

A

Prohibits soldiers from being quartered in any house.

46
Q

What does the 4th Amendment prohibit?

A

Prohibits unreasonable searches or seizures by the government.

47
Q

What does the 5th Amendment protect citizens from?

A

Protects citizens from double jeopardy, self-incrimination, and provides due process. Protects private property.

48
Q

What does the 6th Amendment require?

A

Requires all persons charged with a crime to be informed of charges against them. Right to counsel and a speedy trial by an impartial jury.

49
Q

What does the 7th Amendment provide?

A

The right to a jury in civil cases.

50
Q

What does the 8th Amendment protect people from?

A

Protects people from excessive bail or fines and prohibits cruel and unusual punishment.

51
Q

What does the 9th Amendment address?

A

Addresses rights retained by the people not specifically identified in the Constitution.

52
Q

What does the 10th Amendment reserve?

A

Reserves powers not granted to the federal government to the states or the people.

53
Q

What are the three big concepts in the 5th Amendment?

A

Double Jeopardy, Self Incrimination, Due Process.

54
Q

What is Double Jeopardy?

A

You can’t be tried twice for the same offense.

55
Q

When does Double Jeopardy attach?

A

In a bench trial, when the first witness testifies. In a jury trial, when the jury is sworn (or empaneled).

56
Q

What are the two types of Due Process?

A

Procedural & Substantive.

57
Q

What is Procedural Due Process?

A

Guarantees the government will not take a person’s life, liberty, or property without notice and a meaningful opportunity to be heard.

58
Q

What is Substantive Due Process?

A

Forbids the government from infringing certain ‘fundamental’ liberty interests unless narrowly tailored to serve a compelling state interest.

59
Q

What is Self-Incrimination?

A

A fundamental right that the government can’t compel someone to be a witness against themselves in a criminal case.

60
Q

What are Miranda Rights?

A

Before engaging in a custodial interrogation of a suspect, they must be advised of their Fifth Amendment rights and must waive their right to be free from self-incrimination.

61
Q

What are the big concepts in the 6th Amendment?

A
  • Speedy Trial,
  • Face Accusers,
  • Right to Counsel (to attorney)
  • Impartial Jury
62
Q

What are the concepts inside the Fourteenth Amendment?

A

Privileges & Immunities, Due Process, Equal Protection.

63
Q

What does the Fourteenth Amendment protect?

A

Protects citizens from states making laws that supersede or abridge the constitution and the rights in the constitution.

64
Q

What is Civil Liability?

A

A potential responsibility for payment of monetary damages or other court-imposed sanctions from lawsuit. 42 U.S.C. 1983, civil lawsuits can be filed against individual peace officers for violating a person’s Constitutional rights.

65
Q

What are common civil lawsuits against peace officers?

A
  • Arrest without probable cause (false arrest),
  • Use of unreasonable force during an arrest,
  • Malicious prosecution without probable cause,
  • Failure to intervene/stop unlawful actions by fellow officer.
66
Q

What is the Establishment Clause of the 1st Amendment?

A

No government established religion.

67
Q

What is Freedom of Expression?

A

Congress cannot make a law that prohibits people from worshipping.

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