Bill of Rights Flashcards

1
Q
  1. life
A

efers to the human life including the right of an individual to his body, it’s completeness, free from dismemberment and extends to the use of God-given faculties

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2
Q

Liberty

A

measure of freedom which may be enjoyed in a civilized community consistently with the enjoyment of like freedom by others

  • right to exist and right to be free from arbitrary personal restraint and servitude
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3
Q

property

A

all things which are or maybe the object of appropiation

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4
Q

2 kinds of due process

A

substantiive and procedural

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5
Q

substantive due process

A

refers to the intrinsic validity of a law which interferes with the rights of the person.

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6
Q

procedural due process

A

compliance to the procedural steps prescribe by the statute, in conformity with the standards of fair play without arbitrariness on the part of those who are called upon to administer it.

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7
Q

equal protection of laws

A

is a constitutional guarantee that all persons subject to legislation should be treated alike under like circumstances and conditions

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8
Q

classification to be reasonable:

A
  1. must rest in substantial distinctions
  2. must be germane to the purpose of law
  3. must not be limited to existing conditions only
  4. must apply to all members of the same class
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9
Q
  1. warrant
A

is a writ authorizing someone to do an act. It is one directing a law enforcer to make an arrest, seach or seizure. -issued only on probable cause

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10
Q

search warrant

A

an examination of a person’s body, property or other area that the person would be reasonably consider as private, conducted for the purpose of finding evidence of a crime.

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11
Q

arrest

A

taking of a person in custody in order that he may be bound to aswer for the commision of an offense

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12
Q

warrantless arrest

A

a. when an offense was commited, actually commited, and attempted in the presence of of another person
b. when an offense has been commited and there is probable cause based on personal knowledged of facts or the offender has escaped from penal establishment.

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13
Q

communication

A

an exhange of information by speeches, writing or gesture.
not absolute - must yield to the higher interest of the state

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14
Q
  1. right to privacy can be violated
A
  1. lawful order of the Court
  2. when public safety and order requires otherwise
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15
Q
  1. freedom of speech
A

right to express one’s thoughts thought governmental restriction.
Abridge - reduce of diminish one’s civil liberties

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16
Q
  1. religious freedom
A

granted by the constitution, a right of every man to ebrace and profess that religion by the light od reason, he considers to be true.

17
Q
  1. abode
    residence
    domicile
A

a fixed place of residence.
residence - personal, actual and physical habitation of a person
domicile - animus revertendi - intention of returning.

18
Q
  1. right to intformation
    Public interest
A

on matters of public concern
- general welfare of the public that warrants protection and recognition

19
Q
  1. Eminent domain
A

a taking of private property for pubic use upon payment of just compensation

20
Q
  1. imparing obligation of contract shall not be passed
A

may be impared in the exercise of police power and imminent domain

21
Q
  1. free access to Courts and legal assistance shall not be denied by reason of proverty
A

indigents shall be given legal assistance

22
Q

section 12

A

right to remain silent, no torture, confession as inadmissible in Court, compensation to victims of torture

23
Q

section 13

A

allowed to bail except with offenses punishable by reclusion perpetrua
.
excessive bail shall not be required

24
Q

sec 14

A

can’t be held to answer wihtout due process of law.
presumed innocent
right to be heard and counsel
inform of the nature and cause of the accusation,
speedy, impartial and public trial
meet witness face to face

25
sec 15 habeas corpus
a writ employed t bring a person beforea court to esure that imprisonment or detention is not illegal
26
sec 16. speedy disposition
if done expediously or within the time limit set by the constitution or the law
27
sec. 17 no person shall be compelled to be a witness against himself
self incimination - strong temptation to commit perjury
28
sec. 18 no person shall be detatained by reason of political belief and aspirations - no involuntary servitude escept as punishment of a crime
involuntary servitude - condition of enforces, compulsive service of one to another
29
19. excessive and cruel punishment
fine - a sum of money imposed as a penalty for an act of wrongdoing
30
20. no person shall be improsoned for debt or non-paymnet of a poll tax
poll tax - capitation of a fixed amount upon all persons of a certain class , resident within a specified territory without regard to their property and occupation
31
21. double jeopardy
double jeopardy - being prosecuted substantially for the same offense
32
police power
enact law within constitutional limits to promote order, safety, morals and general welfare of society
33
Eminent domain
right of the State to take property for public use upon payment of just compensation
34
taxation
power of the state to raise revenue in order to defray the necessary expenses of the government
35
Equal protection of laws
all persons subject to legislation should be treated alike, under like circumstances and conditions, both in privileges conferred and liabilities imposed