28. US Constitution (25 Q) Flashcards
Question 2 of 25 - US Constitution
“______________________” is the name given to a variety of writs, with the objective of bringing a party before a court or judge. The primary function is to release from unlawful imprisonment. The office of the writ is not to determine prisoner’s guilt or innocence, and the only issue which it presents is whether prisoner is restrained of his liberty by due process.
None listed are correct
Capias
Writ of Habeas Corpus
Writ of Detainer
Writ of Attainder
Writ of Mandamus
Writ of Habeas Corpus
Review: USC (Article 1, Sec. 9 and CCP Art. 11.01) Writ of Habeas Corpus: A Writ of Habeas Corpus is the name given to a variety of writs with the objective of bringing a party before a court, or judge. The primary function of the writ is release from unlawful imprisonment. The purpose of the writ is not to determine prisoner’s guilt or innocence, and the only issue which it presents is whether prisoner is restrained of his liberty by due process.
Question 16 of 25 - US Constitution
Which of the following statements is true about the power of Congress?
Congress can legislate and execute, but must leave interpretation up to the judicial branch
Congress has unlimited power to legislate
Congress can legislate, interpret, and enforce the law
Congress possesses only that limited legislative power granted to it by the Constitution
Congress can legislate and execute, but must leave interpretation up to the judicial branch
Review: USC (Article 4, Sec. 1-3) Section. 1. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof. Section. 2. The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime. No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due. Section. 3. New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress. The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.
Question 19 of 25 - US Constitution
The ______ Amendment has been interpreted to limit the level of force that may be used by law enforcement to reasonable force.
14th
5th
8th
4th
4th
Review: USC Amendment IV - (Search and Seizure) The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
