Test Review Flashcards
In the Texas Constitution what can you not go to prison for
Debt
5th Amendment
Self incrimination
Schmerber Balancing Test
Deals with intrusive bodily search must meet
- must not endanger health
- must not produce lasting trauma
- must not cause severe pain
What is the first 10 amendments called
Bill of Rights
6th Amendment
Right to a speedy trial, by an impartial jury
7th Amendmant
The right of trial by jury shall be preserved
8th Amendment
Excessive bail, cruel and unusual punishment
A tort
legally recognized private injuries or wrongs
What is the most controversial form of cruel and unusual punishment
Death Penalty
10th Amendment
Powers not delegated to the Federal government are retained by the states
14th Amendment
Due process
The President is the supreme commander of _____________
The Armed Forces
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.
Speak, Write or Publish
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
C
Concerning the theory of Double Jeopardy the state shall not be allowed more than ________ to convict an individual
One Chance
Which amendment concerns itself with rights reserved to the states?
Tenth Amendment
Within the Criminal Justice System the role and function of the Police is located within these branches?
City, County, State and Federal
The Texas Supreme Court handles what type of cases?
Civil
The _______ clause requires that warrants describes the things to be seized and prevents the seizure of anything not mentioned in the warrant?
Particularity Clause
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
That the suspect posed an IMMEDIATE threat to himself or others
The US Supreme Court extends both into the _______ and ______ jurisdictions
Criminal and Civil
According to the Texas Constitution, no person shall be imprisoned for _________
Debt
Civil law refers to those portions of the law which define the ______ and ______ rights of individuals
Personal and Property
Within the Criminal Justice System increased Police arrests leads to increases in
Court Dockets
District Courts would have original jurisdiction, the appellate courts have exclusive jurisdiction, and the Supreme Court has ________ jurisdiction
Discretionary
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
C
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
C
The power of Government to take private property for public use is commonly known as?
Immanent Domain
A search is by definition is an invasion of ___________
Privacy
The primary function of the Writ of Habeas Corpus is release from?
False Imprisonment
Amendment 8 of the Bill of Rights of the US Constitution grants _________
Freedom from cruel and unusual punishment
Article 1 Section 3 of the TX Constitution, most relates to the _______ amendment of the Bill of Rights
14th Amendment
The _______ of 1778 was our nations first constitution
Articles of Confederation
When were the Bill of Rights proposed by congress?
September 25, 1789
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.
Article 1 Section 9
Police Officers may not exercise authority for A) Arrest B) Crime Prevention C) Searches D) Personal Motivates
D
Most debated subject under the 8th amendment is
Death Penalty
Concerning a body cavity search, the requirements are probable cause, warrant, no exigent circumstance and ______
A) Lewis Test
B) Barnes Test
C) Schmerber Test
C
A tort is one of various legally recognized _____ and ______
Private injuries and wrongs
in what year did the supreme court decide Miranda V Arizona
1966
The exercise of government under the rule of law with due regard to the essential and fundamental fairness of individuals is called?
Due Process
The fruit of the poisonous tree doctrine deals with
Admissibility of evidence
Rights to ______ freedom are reserved to the individual citizen and are contained in amendments 01, 02, 03 and 04
Personal Freedom
How many other states can Texas enforce their laws in?
None
Which amendment concerns itself with self incrimination rights
5th
United States Constitution is a
Living Document
In Texas who makes the laws
Legislative Branch
What is not protected by the 1st amendment A) Speech B) Press C) Assembly D) Self Incrimination
D
The 9th Amendment _______ by the courts
Rarely Addressed
In Texas the highest court for civil processes is?
Texas Supreme Court
Under the 5th Amendment a person is protected from what?
Self Incrimination
Under the Double Jeopardy Clause of the 5th Amendment no new trial can
Follow an acquittal
Concerning strip search, the requirement are A) Reasonable Suspicion B) Suspicion C) Same Gender D) Conducted in Private E) All the Above
E
In What year did the Bill of Rights become part of the constitution?
1791
The only crime listed in the U.S. Constitution.
Treason
The 14th Amendment deals with?
Equal protection under the law
Article 3 Sec 3 states _______
is levying war against the state?
Treason
