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POLITICAL SCIENCE > Article 3 Bill Of Rights > Flashcards

Article 3 Bill Of Rights Flashcards

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1
Q

Series of prescriptions setting forth the fundamental civil and political rights of the citizens and imposing certain limitations

A

Constitution of liberty

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2
Q

A declaration and enumeration of the individual rights and privileges, designed to protect against violations by the individual and limitation upon the power of the state

A

Bill of rights

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3
Q

What are the classifications of rights

A

Natural right
Constitutional right
Statutory right

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4
Q

Rights passed by every citizen without being granted by the state

A

Natural rights

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5
Q

Rights which are conferred and protected by the constitution

A

Constitutional rights

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6
Q

Classification of constitutional rights

A

Political rights
Civil rights
Social and economic rights
Rights of the accused

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7
Q

Participate directly or indirectly in the establishment or administration of the government

A

Political rights

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8
Q

Rights which the law will enforce at the stance of private individuals for the purpose of securing them the enjoyment of their means of happiness

A

Civil rights

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9
Q

Are rights which intended to ensure the well being and economic security of the individual

A

Social and economic rights

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10
Q

How many sections are there in bill of rights

A

22 sections

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11
Q

How many sections are there in bill of rights

A

22 sections

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12
Q

Intended for the protection of the person accused of any crime

A

Right of the accused

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13
Q

Rights provided by the law making bodies and may be abolished by the same body

A

Statutory rights

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14
Q

It a person is deprived of life, liberty, and property by the state

A

Due process of law

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15
Q

2 types of due process of law

A

Procedural due process
Substantive due process

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16
Q

Refers to the method or manner by which the law is enforced
Whisch hears before it condemns

A

Procedural due process

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17
Q

What are the elements of procedural due process

A

Jurisdiction over the person or subject matter
Impartial court or tribunal
Defendant or part is Given chance to be heard
Judgement is given only after lawful hearings

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18
Q

Requires that the law itself must be fair, reasonable, and just

A

Substantive due process

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19
Q

Something more than mere existence
The right to live a decent life worthy of human dignity

A

Right to life

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20
Q

Denotes not merely the absence of physical restraint
Embraces the right of the individual to use his facilities, capacities, both physical and mental

A

Liberty

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21
Q

Right to own, use and enjoy, dispose, possess, and even destroy

A

Right to property

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22
Q

What are the constitutes of deprivation

A

Deprivation of life
Deprivation of liberty
Deprivation of property

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23
Q

Includes the loss of any of the various physical and mental attributes

A

Deprivation of life

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24
Q

Means the prevention, denial, or suppression of human freedom

A

Deprivation of liberty

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25
Q

Taking property or the diminution

A

Deprivation of property

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26
Q

Signifies that All persons subject to legislation, similarly situated, should be treated alike like circumstances and conditions

A

Equal protection of the law

27
Q

The right to be left alone

A

The right of privacy

28
Q

A recognition that person may communicate and correspond with each other without the state having the right to pry into such communication and correspondence subject to the police power of state

A

Provision

29
Q

Also known as the constitutional freedom of speech and of the press
The right to freely form ideas and opinions, utter, publish, or otherwise communicate and transmit whatever one pleases without previous restraint

A

Freedom of expression

30
Q

Any form of written or oral communication

A

Speech or expression

31
Q

Covers every kind of publication

A

Press

32
Q

What are the kinds of speech that are unprotected

A

Defamation, libel, slander
Obscenity
Matters affecting military and national security
Obstruction of justice
Fraudulent misrepresentation
Fighting words

33
Q

The right on the part of the citizens to meet peaceably for consultation

A

Right of assembly

34
Q

The right of any person or group of persons to apply without fear of penalty

A

Right of petition

35
Q

Any specific system of belief, worship, conduct, etc. often involving a code of ethics and philosophy

A

Religion

36
Q

The right of man to worship god and entertain such religious view as appeal to his individual conscience without dicatation or interference by any person or power, civil or ecclesiastical

A

Religious freedom

37
Q

What are the aspects of religious freedom

A

Separation of church and state
Freedom to worship and professional religious beliefs

38
Q

Two aspects of freedom of religious profession and worship

A

Freedom to believe
Freedom to act on one’s belief

39
Q

What are the aspects of separation of church and state

A

No state religion
No religious test in the exercise of civil or political rights

40
Q

The right to choose one’s residence p, to leave it whenever one pleases, within the limits prescribed by law

A

Liberty of abode

41
Q

The right to form, join, or not join societies

A

Right of association

42
Q

What are the three inherent power of the state

A

Power of taxation
Power of eminent domain
Police power

43
Q

The right of the state, as a sovereign, to take expropriate property for public use upon payment and just compensation

A

Power of eminent domain

44
Q

Condition ps or limitations upon eminent domain

A

Just compensation
Public use
Observance of due process

45
Q

The duty that binds the parties to a contract p, to perform their understanding according to its terms of intent

A

Obligation of contracts

46
Q

Meeting of minds between two persons whereby one binds himself

A

Contract

47
Q

The juridical necessity to give, to do, or to not do

A

Obligation

48
Q

Anything that diminishes the efficacy of the contract or when the terms or the conditions are changed

A

Impairment

49
Q

Any questioning initiated by law enforcement officers after a person has been taken into custody

A

Custodial investigation

50
Q

The right given to a person accused of a crime to be free from detention Upon the posting of cash

A

Right to bail

51
Q

The security required by a court and given for the provisional or temporary release of a person who is in the custody of law

A

Bail

52
Q

What are the factors in determining the amount of bail

A

The nature of the offense
The penalty which attached to it
The probabilities of guilt
The financial condition of the accused
The health condition of the accused

53
Q

What are the rights of the accused on trial in a criminal case

A

To due process of law
To be presumed innocent
To be heard by himself or by counsel
To be informed of the nature and causes of the accusation against him
To have a speedy, impartial, and public trial
To meet the witnesses face to face
Obtain compulsory process

54
Q

What are the elements of the general rights to be heard

A

Right to be present at the trail
Right to counsel
Right to an impartial judge
Right to confront witnesses
Right to compulsory process to secure the attendance of witness

55
Q

Trial conducted in accordance with the rules of law and consistent with due process of law

A

Speedy trial

56
Q

When attendance Is open to all, irrespective to the relationship of the defendant

A

Public trial

57
Q

The trial of a case can proceed even in the absence of the accused

A

Trial in absentia

58
Q

Requisites of trial in absentia

A

The accused has already been arraigned
He has been duly notified of the trial
His failure to appear is unjustified

59
Q

The right of a person who is detained by another to have his body brought to court
An order issued by the court of competent jurisdiction direct to the person detaining another

A

Writ of habeas corpus

60
Q

The right of an individual no to be compelled to testify or to produce evidence against himself

A

Right against self-incrimination

61
Q

Every condition of enforced compulsory service of one to another no matter under what form such servitude may be disguised

A

Involuntary servitude

62
Q

Any liability to pay money arising out of a contract, express or implied

A

Debt

63
Q

A tax of a fixed amount impose on individuals residing with a specified territory

A

Poll tax

POLITICAL SCIENCE (9 decks)

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