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Texas and US Constitution > Test Review > Flashcards

Test Review Flashcards

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1
Q

In the Texas Constitution what can you not go to prison for

A

Debt

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2
Q

5th Amendment

A

Self incrimination

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3
Q

Schmerber Balancing Test

A

Deals with intrusive bodily search must meet

  • must not endanger health
  • must not produce lasting trauma
  • must not cause severe pain
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4
Q

What is the first 10 amendments called

A

Bill of Rights

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5
Q

6th Amendment

A

Right to a speedy trial, by an impartial jury

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6
Q

7th Amendmant

A

The right of trial by jury shall be preserved

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7
Q

8th Amendment

A

Excessive bail, cruel and unusual punishment

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8
Q

A tort

A

legally recognized private injuries or wrongs

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9
Q

What is the most controversial form of cruel and unusual punishment

A

Death Penalty

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10
Q

10th Amendment

A

Powers not delegated to the Federal government are retained by the states

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11
Q

14th Amendment

A

Due process

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12
Q

The President is the supreme commander of _____________

A

The Armed Forces

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13
Q

Under the Texas Constitution and Bill of Rights Article 1 Section 8 states in part that every person shall be in liberty to _______, _______ or ________ his opinions on any subject being responsible for the abuse of that privilege and no law shall ever be passed curtailing the liberty of speech or the press.

A

Speak, Write or Publish

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14
Q

Which of the following rights is not included in the 6th amendment?

A) Right to a formal, free trial, free from any unreasonable delay
B) The right to know the charges against you
C) The right to formally ask the gov’t to address a wrong done against you
D) The right to an unbiased jury

A

C

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15
Q

Concerning the theory of Double Jeopardy the state shall not be allowed more than ________ to convict an individual

A

One Chance

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16
Q

Which amendment concerns itself with rights reserved to the states?

A

Tenth Amendment

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17
Q

Within the Criminal Justice System the role and function of the Police is located within these branches?

A

City, County, State and Federal

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18
Q

The Texas Supreme Court handles what type of cases?

A

Civil

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19
Q

The _______ clause requires that warrants describes the things to be seized and prevents the seizure of anything not mentioned in the warrant?

A

Particularity Clause

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20
Q

In the case Tennessee V Garner was ruled in favor of the defendant, and unarmed burglar was shot and killed while fleeing the scene. While clearly within his dept’s statutes the officer was fireable due to unreasonable seizure. In this case what did the officer lack to affect the seizure to take the defendants life

A

That the suspect posed an IMMEDIATE threat to himself or others

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21
Q

The US Supreme Court extends both into the _______ and ______ jurisdictions

A

Criminal and Civil

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22
Q

According to the Texas Constitution, no person shall be imprisoned for _________

A

Debt

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23
Q

Civil law refers to those portions of the law which define the ______ and ______ rights of individuals

A

Personal and Property

24
Q

Within the Criminal Justice System increased Police arrests leads to increases in

A

Court Dockets

25
Q

District Courts would have original jurisdiction, the appellate courts have exclusive jurisdiction, and the Supreme Court has ________ jurisdiction

A

Discretionary

26
Q 
Concerning any intrusive bodily search, the invasiveness standard or the 'Schmerber Balancing Test' includes all of the following EXCEPT 
A) Must not endanger your health
B) Must cause humiliation
C) Must not produce lasting trauma 
D) Mus not cause severe pain
A

C

27
Q

Which one of the following would be the reason that a no knock warrant would be issued?
A) House is armed with a home security system
B) Its a 2-story building
C) Danger to the officers
D) House is in a secluded area

A

C

28
Q

The power of Government to take private property for public use is commonly known as?

A

Immanent Domain

29
Q

A search is by definition is an invasion of ___________

A

Privacy

30
Q

The primary function of the Writ of Habeas Corpus is release from?

A

False Imprisonment

31
Q

Amendment 8 of the Bill of Rights of the US Constitution grants _________

A

Freedom from cruel and unusual punishment

32
Q

Article 1 Section 3 of the TX Constitution, most relates to the _______ amendment of the Bill of Rights

A

14th Amendment

33
Q

The _______ of 1778 was our nations first constitution

A

Articles of Confederation

34
Q

When were the Bill of Rights proposed by congress?

A

September 25, 1789

35
Q

Which section of the Texas Constitution states that The people shall be secure in their persons, houses, papers and possessions, from all unreasonable seizures or searches, and no warrant to search any place, or to seize any person or thing, shall issue without describing them as near as may be, nor without probable cause, supported by oath or affirmation.

A

Article 1 Section 9

36
Q 
Police Officers may not exercise authority for 
A) Arrest
B) Crime Prevention
C) Searches 
D) Personal Motivates
A

D

37
Q

Most debated subject under the 8th amendment is

A

Death Penalty

38
Q

Concerning a body cavity search, the requirements are probable cause, warrant, no exigent circumstance and ______
A) Lewis Test
B) Barnes Test
C) Schmerber Test

A

C

39
Q

A tort is one of various legally recognized _____ and ______

A

Private injuries and wrongs

40
Q

in what year did the supreme court decide Miranda V Arizona

A

1966

41
Q

The exercise of government under the rule of law with due regard to the essential and fundamental fairness of individuals is called?

A

Due Process

42
Q

The fruit of the poisonous tree doctrine deals with

A

Admissibility of evidence

43
Q

Rights to ______ freedom are reserved to the individual citizen and are contained in amendments 01, 02, 03 and 04

A

Personal Freedom

44
Q

How many other states can Texas enforce their laws in?

A

None

45
Q

Which amendment concerns itself with self incrimination rights

A

5th

46
Q

United States Constitution is a

A

Living Document

47
Q

In Texas who makes the laws

A

Legislative Branch

48
Q 
What is not protected by the 1st amendment 
A) Speech
B) Press
C) Assembly
D) Self Incrimination
A

D

49
Q

The 9th Amendment _______ by the courts

A

Rarely Addressed

50
Q

In Texas the highest court for civil processes is?

A

Texas Supreme Court

51
Q

Under the 5th Amendment a person is protected from what?

A

Self Incrimination

52
Q

Under the Double Jeopardy Clause of the 5th Amendment no new trial can

A

Follow an acquittal

53
Q 
Concerning  strip search, the requirement are 
A) Reasonable Suspicion
B) Suspicion 
C) Same Gender 
D) Conducted in Private
E) All the Above
A

E

54
Q

In What year did the Bill of Rights become part of the constitution?

A

1791

55
Q

The only crime listed in the U.S. Constitution.

A

Treason

56
Q

The 14th Amendment deals with?

A

Equal protection under the law

57
Q

Article 3 Sec 3 states _______

is levying war against the state?

A

Treason

Texas and US Constitution (1 decks)

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