Questions and Answers
What is the procedure for arrest under the common law considered as today?
A traditional or historical question
Based on the text, what is required for depriving a citizen of their liberty?
A common law liability for arrest
What cannot abrogate the constitutional mandates regarding the common law surrounding arrests?
Mere statutes
What does the law favor above all things?
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What does the common law rule regarding arrest procedure require in this country?
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When can a citizen be summarily arrested for violating a misdemeanor law?
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What is the requirement for depriving a citizen of their liberty?
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What does the law favor above all things?
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What cannot abrogate the constitutional mandates regarding the common law surrounding arrests?
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What is the maxim of law regarding liberty?
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What is the common law rule regarding the procedure and process for arrest?
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What does the due process clause of the Constitution protect the citizen from?
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What is the common law rule regarding the procedure for arrest in this country?
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What does the due process clause of the Constitution protect the citizen from?
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Based on the text, what is the maxim of law regarding liberty?
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What is the requirement for depriving a citizen of their liberty?
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What is due process of law usually based on?
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What does the text suggest about the relationship between common law and due process?
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Study Notes
The Importance of Due Process in Arrests
- The law favors liberty above all things and applies a liberal interpretation to it.
- The common law rule for arrest procedure and process was established in this country.
- The constitution requires due process of law and a warrant based on probable cause for deprivation of liberty.
- Except in cases of treason, felony, or breach of peace in the presence of an officer, a warrant is necessary for due process of law.
- The due process clause of the Constitution protects citizens from unlawful arrests.
- A citizen cannot be summarily arrested for a misdemeanor without a warrant.
- Due process of law cannot depend on the will of the legislature expressed in a statute or charter.
- An arrest is a deprivation of one's liberty.
- The state constitution prohibits the deprivation of life, liberty, or property without due process of law.
- The procedure for arrest under common law constitutes due process today.
- The law is protective of citizen liberty, with greater formality required for less serious offenses.
- The citizen cannot be deprived of liberty without common law liability for arrest.
Note: The text repeats some points, so the summary may seem repetitive.
