Driver's License Rules Quiz

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Questions and Answers

According to the text, what is the purpose of due process?

To enforce common law requirements for an arrest without warrant

To assert the common law rule on arrest

To uphold statutes contrary to common law principles

To act as a shield against arbitrary activity of government (correct)

According to the text, what is the common law rule on arrest?

An arrest can only be done by due process of law

An arrest can be done based on common law maxims and principles (correct)

An arrest can be done without a warrant

An arrest can be done by over-bearing rulers

According to the text, why do many cases involving false imprisonment or unlawful arrest lack the proper due process argument?

The due process clause is not applicable in such cases

The arrested party fails to raise the proper arguments in court (correct)

The statute prevails over the common law rule

The courts fail to uphold the common law rule on arrest

According to the text, what does the phrase 'due process of law' mean?

The law already established in the land Signup and view all the answers

What is the main purpose of the Fourth Amendment in the U.S. Constitution?

To protect against unreasonable searches and seizures Signup and view all the answers

What does the author suggest about the legal profession in the text?

Most lawyers are incompetent Signup and view all the answers

Why did the American colonists take up guns against King George III and his army?

To prevent arbitrary acts of government Signup and view all the answers

According to the text, what criteria must be followed for an arrest made with a warrant to be considered lawful?

The criteria of the Fourth Amendment Signup and view all the answers

According to the text, when is the provision of the Fourth Amendment not applicable for an arrest without a warrant?

When the arrest is made at common law Signup and view all the answers

According to the text, what is the common defense raised in cases involving arrests without a warrant?

Violation of the Fourth Amendment Signup and view all the answers

According to the text, what is the basis for the extraordinary control over the liberty of the citizen in the context of traffic laws?

The terms and rules under the driver's license Signup and view all the answers

According to the text, what did the recent Minnesota decision state about the right to resist an illegal arrest?

Defendants do not have an additional constitutional right to resist an illegal arrest. Signup and view all the answers

What did the Supreme Court of Georgia uphold regarding the right to resist an unlawful arrest?

A citizen unlawfully arrested has the right to resist force with force. Signup and view all the answers

What is the law that allows one to resist an unlawful arrest?

The law of self-defense and self-preservation. Signup and view all the answers

According to the text, what did the Supreme Judicial Court of Maine hold regarding an illegal arrest?

An illegal arrest gives the person being restrained the right to use any force necessary in defending themselves. Signup and view all the answers

According to the text, what is one reason why a driver's license allows for on the spot arrests?

The license waives the driver's right to constitutional safeguards and rights at common law Signup and view all the answers

According to the text, what is the main reason for resisting an unlawful arrest?

To preserve the liberty of the citizen Signup and view all the answers

According to the text, what is one consequence of police making unlawful arrests?

The majority of police would end up dead or quitting their jobs Signup and view all the answers

According to the text, what is the purpose of officers adhering to the law when making arrests?

To maintain social order Signup and view all the answers

According to the text, who is required to display their license when stopped by a police officer?

Every licensee who has accepted a driver's license Signup and view all the answers

What did the State v. Fish case establish regarding highway roadblocks?

Highway roadblocks are considered reasonable and do not require a warrant Signup and view all the answers

Why are arrests or detentions of individuals without a driver's license considered 'reasonable' according to the text?

Because they have voluntarily accepted the driver's license without objection Signup and view all the answers

What did the Court hold in the New Jersey case regarding the arrest of individuals without a driver's license?

The arrest was considered valid under the driver's license law Signup and view all the answers

Study Notes

Distortion in Arrest Procedures and Due Process

The common law principles and procedures for arrests have existed for hundreds of years, but there is a trend towards oppressive control over citizens.
Due process, or the law of the land, is meant to act as a shield against arbitrary government activity.
The common law requirements for an arrest without warrant are often violated in favor of statutes on arrest.
The requirement of due process of law is often neglected in arrest cases.
Many cases of false imprisonment or unlawful arrest lack proper due process arguments.
Chief Justice Warren Burger has expressed that many lawyers are incompetent and lack independent thinking.
The due process guarantee has ancient origins and is prominently found in Magna Carta.
The due process argument in false imprisonment cases can nullify statutes that are contrary to the common law rule on arrest.
Government has encroached upon citizen's liberty by ignoring due process.
The common law only allowed arrests without warrant for known felonies and breaches of the peace.
The Fourth Amendment is frequently misused or misapplied as a defense to arrests without warrant.
There is a struggle between the fundamental rights of citizens and an oppressive system of law enforcement in cases involving "traffic violations."

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Description

Test your knowledge on driver's license rules with this quiz! Learn about the requirement to carry and display your license when operating a vehicle.