In the Texas Constitution, the prohibition against unlawful search and seizure is contained in:

Article I, Section 9 of the fourth amendment

What was added to the original Constitution to ensure individual liberties and civil rights?

The Bill of Rights

Individual states are granted rights under the U.S. Constitution to make and enforce laws that do not conflict with federal law. Which amendment guarantees states’ rights?

10th admendment

The Fourteenth Amendment to the U.S. Constitution ensures that all people are entitled to:

Equal rights under the law and the right to due process

The ultimate evaluation of a law for constitutionality is done by ________.

the Judicial branch of government

The “3 Cs” or components of the criminal justice system are:

Cops, Courts, and Corrections

Freedom of speech and right to peaceably assemble is found in the ______ Amendment to the U.S. Constitution.

first

The case, Miranda v. Arizona, dealt strongly with the right to be free from self-incrimination. The right is associated with what Amendment to the US Constitution?

5th Amendment

The Fifth Amendment to the U.S Constituion guarantees...

i. just compensation for private property taken for public use ii. prohibition against double jeopardy iii. prohibition against mandatory self-incrimination

Which amendment to the U.S. Constitution protects persons and papers from unreasonable search and seizure?

Fourth Amendment

How many Articles are in the U.S. Constitution?

Seven

The 1st Amendment to the United States Constitution is concerned with

Freedom of Religion, Speech, and Press

The Miranda warning generally is related to which Constitutional amendment?

Fifth

The freedom of people to petition their government for a redness of grievance found in the _____ Amendment to the U.S. Constitution.

First

The writ that is filed that seeks release from unlawful detention is called

writ of habeas corpus

Article 1, Section 9, of the United States Constitution prohibits the suspension of the____________________ except in the time of rebellion or invasion.

Writ of Habeas Corpus

Which article of the Texas Constitution provides for freedom of worship?

1st Amendment

The sixth amendment to the U.S. Constitution is the right to speedy and _____ trial.

public

According to the U.S. Constitution, the privilege of __________________ shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.

Writ of Habeas Corpus

Which amendment to the U.S. Constitution says that U.S. law supersedes state law, and that people are entitled to due process of the law as well as equal protection?

Fourteenth Amendment

The probable cause requirement for search and seizure is found in the ___ Amendment to the U.S. Constitution.

Fourth

The 3rd Amendment to the United States Constitution is concerned with:

quarting of soldiers in time of peace or war

The 2nd Amendment to the United States Constitution is concerned with:

The right to keep and bear arms

The 4th Amendment to the United States Constitution is concerned with:

Arrest, Search & Seizure

Of the Amendments shown below, the Right to Due Process of Law is found in the ____ Amendment, U.S. Constitution.

Fifth

An order from the court directing the person responsible for holding an individual in jail or prison to bring that person before the court and show why he or she is being held in custody is called a ___________________.

writ of habeas corpus

Which amendment to the U.S. constitution provides protections in relation to freedom from double jeopardy?

Fifth

Which amendment to the U.S. Constitution gives citizens the right to an attorney during a criminal proceeding?

Sixth

Protection from double jeopardy, self-incrimination, and the right to due process of the law are parts of the ________ Amendment, U.S. Constitution.

Fifth

The ________ Amendment provides the right to reasonable bail and prohibits cruel and unusual punishment.

Eighth

The rights to an attorney, to a speedy and public trial, to call witnesses, and to confront witness against oneself, are guaranteed in the _____ Amendment, U.S. Constitution.

Sixth

A convention of delegates met in _________ in ____ to work on a compromise constitution, realizing that our nation’s first constitution, the Articles of Confederation had severe problems.

Philadelphia, 1787

What amendment to the US Constitution protects an individual’s right to be free from having their property taken by the government without just compensation?

5th

What Amendment guarantees all persons born or naturalized in the United States are citizens of the United States and of the State wherein they reside, no State shall make or enforce any law which shall abridge the immunities of citizens of the United States, and that no State may deny to any person within its jurisdiction the equal protection of the law

14th

Individual states are granted rights under the U.S. Constitution to make and enforce laws that do not conflict with federal law. Which amendment guarantees states’ rights?

10th

Can the first amendment be applied to an assembly that stops traffic?

No

Which amendment prevents the government from establishing a religion?

First

The _________ has jurisdiction over cases of divorce.

District Court

The Eighth Amendment to the U.S. Constitution protects against

Exessive bail, cruel and unusual punishment

T or F: Can grand juries issue "indictments" or "no-bills."

True

On September 25, 1789, Congress proposed the first _____ Amendments to the new United States Constitution as the Bill of Rights.

12th

No person, for the same offense, shall be twice put in jeopardy of life or liberty; nor shall a person be again put-upon trial for the same offense after a verdict of _______ in a court of competent jurisdiction.

Not Guilty

Right to counsel is guaranteed in the _______ Amendment to the U.S. Constitution. (

sixth

The amendment to the U.S. Constitution that provides that all the rights and liberties of the Bill of Rights will be accorded to citizens of the states and that states must abide by the first ten amendments is the __________________________.

14th

Besides the right to a speedy and public trial and the right to an attorney, what additional right does the Sixth Amendment provide for?

Right to confront the witness against

Article I, Section 14 of the Texas Constitution states, “No person, for the same offense, shall be twice put in jeopardy of life or liberty, nor shall a person be again put upon trial for the same offense, after a verdict of not guilty in a court of competent jurisdiction.” What is this concept called?

Double Jeopardy

The right to counsel is found in the ______ Amendment, U.S. Constitution.

sixth

What amendment to the US Constitution protects an individual’s right to be free from having their property taken by the government without just compensation?

fifth

Exceptions to the Protections under the Bill of Rights are usually established by

Supreme Court decision

What does a writ of habeas corpus do?

a court order which commands that a person be brought before a magistrate and show just cause for detention

What amendment to the U.S. Constitution prohibits unreasonable searches and seizures

4th

The Fifth Amendment to the U.S. Constitution deals with:

due process of law

The 6th Amendment to the United States Constitution is concerned with ________________.

the right to a speedy and public trial

The 9th Amendment to the United States Constitution is concerned with:

rights not identified in the Constitution

Who are peace officers? (CCP Section, 9.2; CCP Art. 2.125 is B; Not A & C under CCP 2.122 (a) (1) & (c)), US & TX Constitution, 7.6)

special rangers of the texas and southwest cattle raisers association

Municipal Park and Recreational Patrolmen, arson Investigators, and Security Officers commissioned by the Texas Board of Private Security are examples of

peace officers

A conviction for a felony in Texas could be appealed to the

court of appeals

Civil law is that portion of the law that defines the personal and property rights of individuals to prevent a wrong and to (US & TX Constitution Section 7.4)

allows individuals to seek redress of grievance

The First Continental Congress was formed in

1774

Special Agents of the Secret Service, Marshals of the US Marshall Service, and Civilian Special Agents of the Criminal Investigation Division of the IRS are examples of

Special Investigators

The _______ Amendment guarantees the right to a grand jury, prohibits double jeopardy, prohibits self-incrimination, and requires that the system must follow due-process-of-law guidelines.

fifth

Whereas “Proof beyond a reasonable doubt” is the standard for criminal trials, what is the standard for civil trials?

preponderance of the evidence

Following the rendering of a decision made by the court in a civil case, which party or parties have the right to appeal?

Either party may appeal

The requirement that the government must act in accordance with due process of law is contained in which two amendments to the U.S. Constitution?

Fifth and fourteenth

In the Texas Constitution, Article I Section 6 – Freedom of Worship states it is the duty of ____________ to pass such laws as may be necessary to protect equally every religious denomination in the peaceable enjoyment of its own mode of public worship.

the legislature

Which one of the following courts has original jurisdiction for class A and B misdemeanors?

county court at law

Which of the following rights is enumerated in the Fourth Amendment?

Prohibits unlawful search and seizure

T or F: Does the sixth amendment guarantee due process of the law?

False

______________ amendment deals with reasonable force. (US & TX Constitution, Section 7.1)

Fourth

USC 1st Amendment

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

USC 2nd Amendment

Right to Bear Arms

USC 3rd Amendment

Quartering of Soldiers

USC 4th Amendment

Unreasonable searches and seizures

USC 5th Amendment

Due process of law, indictment by grand jury, double jeopardy, self-incrimination, property taken without just compensation

Art. 1 Sec. 10 of the 5th Amendment

Rights of Accused in Criminal Prosecutions

Art. 1 Sec. 14 of the 5th Amendment

Double Jeopardy

CCP Art. 1.10 of the 5th Amendment

Jeopardy

USC 6th Amendment

Speedy and public trial, impartial jury, informed of nature and cause of accusation, confronted by witnesses, compulsory process for witnesses, assistance of counsel

USC 7th Amendment

right to trial by jury in civil cases

USC 8th Amendment

excessive bail, cruel and unusual punishment

USC 9th Amendment

all rights not enumerated are retained by the people

USC 10th Amendment

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

TX Constitution Art. 1 Sec. 1 of the 10th Amendment

Freedom and Sovereignty of the State

USC 14th Amendment

due process, equal protections

TX Constitution Art. 1 Sec. 3 of the 14th Amendment

Equal Rights

What are the three main structural components of the Criminal Justice System

Law Enforcement (COPS), Courts, and Correctional System

What is Civil Law?

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

What is tort?

any one of various, legally recognized, private injuries or wrongs.

What is Criminal Law?

law which for the purpose of preventing harm to society, (a) declares what conduct is criminal, and (b) prescribes the punishment to be imposed for such conduct. It includes the definition of specific offenses and general principles of criminal responsibility.

Identify the civil/criminal courts and their jurisdiction for the US Supreme Court

civil/criminal

Identify the civil/criminal courts and their jurisdiction for the Courts of Appeals

Civil/Criminal CCP 4.03, The Courts of Appeals, other than the Court of Appeals for the Fifteenth Court of Appeals District, shall have appellate jurisdiction coextensive with the limits of their respective districts in all criminal cases except those in which the death penalty has been assessed.

Identify the civil/criminal courts and their jurisdiction for the District Courts

criminal / civil (felony), District courts 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.

Identify the civil/criminal courts and their jurisdiction for the County Court at Law

criminal/civil in Texas (changes from state) A&B Misdemeanors - CCP 4.07 and 4.08, The county courts shall have original jurisdiction of all misdemeanors of which exclusive original jurisdiction is not given to the justice court, and when the fine to be imposed shall exceed five hundred dollars

Identify the civil/criminal courts and their jurisdiction for the Jurisdiction of Municipal Courts

criminal - city ordinances, Class C Misdemeanors - CCP 4.14

Identify the civil/criminal courts and their jurisdiction for the small claims court

civil

Who are magistrates?

Each of the following officers is a magistrate within the meaning of this Code: The justices of the Supreme Court, the judges of the Court of Criminal Appeals, the justices of the Courts of Appeals, the judges of the District Court, the magistrates appointed by the judges of the district courts of Bexar County, Dallas County, or Tarrant County that give preference to criminal cases, the criminal law hearing officers for Harris County appointed under Subchapter L, Chapter 54, Government Code, the criminal law hearing officers in addition to the justices of the peace, and the mayors and recorders and the judges of the municipal courts of incorporated cities or towns.

What is the Duty of the magistrate?

It is the duty of every magistrate to preserve the peace within his jurisdiction by the use of all lawful means;