Article 3 Bill Of Rights Flashcards
Series of prescriptions setting forth the fundamental civil and political rights of the citizens and imposing certain limitations
Constitution of liberty
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
Bill of rights
What are the classifications of rights
Natural right
Constitutional right
Statutory right
Rights passed by every citizen without being granted by the state
Natural rights
Rights which are conferred and protected by the constitution
Constitutional rights
Classification of constitutional rights
Political rights
Civil rights
Social and economic rights
Rights of the accused
Participate directly or indirectly in the establishment or administration of the government
Political rights
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
Civil rights
Are rights which intended to ensure the well being and economic security of the individual
Social and economic rights
How many sections are there in bill of rights
22 sections
How many sections are there in bill of rights
22 sections
Intended for the protection of the person accused of any crime
Right of the accused
Rights provided by the law making bodies and may be abolished by the same body
Statutory rights
It a person is deprived of life, liberty, and property by the state
Due process of law
2 types of due process of law
Procedural due process
Substantive due process
Refers to the method or manner by which the law is enforced
Whisch hears before it condemns
Procedural due process
What are the elements of procedural due process
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
Requires that the law itself must be fair, reasonable, and just
Substantive due process
Something more than mere existence
The right to live a decent life worthy of human dignity
Right to life
Denotes not merely the absence of physical restraint
Embraces the right of the individual to use his facilities, capacities, both physical and mental
Liberty
Right to own, use and enjoy, dispose, possess, and even destroy
Right to property
What are the constitutes of deprivation
Deprivation of life
Deprivation of liberty
Deprivation of property
Includes the loss of any of the various physical and mental attributes
Deprivation of life
Means the prevention, denial, or suppression of human freedom
Deprivation of liberty
Taking property or the diminution
Deprivation of property
Signifies that All persons subject to legislation, similarly situated, should be treated alike like circumstances and conditions
Equal protection of the law
The right to be left alone
The right of privacy
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
Provision
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
Freedom of expression
Any form of written or oral communication
Speech or expression
Covers every kind of publication
Press
What are the kinds of speech that are unprotected
Defamation, libel, slander
Obscenity
Matters affecting military and national security
Obstruction of justice
Fraudulent misrepresentation
Fighting words
The right on the part of the citizens to meet peaceably for consultation
Right of assembly
The right of any person or group of persons to apply without fear of penalty
Right of petition
Any specific system of belief, worship, conduct, etc. often involving a code of ethics and philosophy
Religion
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
Religious freedom
What are the aspects of religious freedom
Separation of church and state
Freedom to worship and professional religious beliefs
Two aspects of freedom of religious profession and worship
Freedom to believe
Freedom to act on one’s belief
What are the aspects of separation of church and state
No state religion
No religious test in the exercise of civil or political rights
The right to choose one’s residence p, to leave it whenever one pleases, within the limits prescribed by law
Liberty of abode
The right to form, join, or not join societies
Right of association
What are the three inherent power of the state
Power of taxation
Power of eminent domain
Police power
The right of the state, as a sovereign, to take expropriate property for public use upon payment and just compensation
Power of eminent domain
Condition ps or limitations upon eminent domain
Just compensation
Public use
Observance of due process
The duty that binds the parties to a contract p, to perform their understanding according to its terms of intent
Obligation of contracts
Meeting of minds between two persons whereby one binds himself
Contract
The juridical necessity to give, to do, or to not do
Obligation
Anything that diminishes the efficacy of the contract or when the terms or the conditions are changed
Impairment
Any questioning initiated by law enforcement officers after a person has been taken into custody
Custodial investigation
The right given to a person accused of a crime to be free from detention Upon the posting of cash
Right to bail
The security required by a court and given for the provisional or temporary release of a person who is in the custody of law
Bail
What are the factors in determining the amount of bail
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
What are the rights of the accused on trial in a criminal case
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
What are the elements of the general rights to be heard
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
Trial conducted in accordance with the rules of law and consistent with due process of law
Speedy trial
When attendance Is open to all, irrespective to the relationship of the defendant
Public trial
The trial of a case can proceed even in the absence of the accused
Trial in absentia
Requisites of trial in absentia
The accused has already been arraigned
He has been duly notified of the trial
His failure to appear is unjustified
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
Writ of habeas corpus
The right of an individual no to be compelled to testify or to produce evidence against himself
Right against self-incrimination
Every condition of enforced compulsory service of one to another no matter under what form such servitude may be disguised
Involuntary servitude
Any liability to pay money arising out of a contract, express or implied
Debt
A tax of a fixed amount impose on individuals residing with a specified territory
Poll tax
