Bill of Rights Flashcards
- life
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
Liberty
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
property
all things which are or maybe the object of appropiation
2 kinds of due process
substantiive and procedural
substantive due process
refers to the intrinsic validity of a law which interferes with the rights of the person.
procedural due process
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.
equal protection of laws
is a constitutional guarantee that all persons subject to legislation should be treated alike under like circumstances and conditions
classification to be reasonable:
- must rest in substantial distinctions
- must be germane to the purpose of law
- must not be limited to existing conditions only
- must apply to all members of the same class
- warrant
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
search warrant
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.
arrest
taking of a person in custody in order that he may be bound to aswer for the commision of an offense
warrantless arrest
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.
communication
an exhange of information by speeches, writing or gesture.
not absolute - must yield to the higher interest of the state
- right to privacy can be violated
- lawful order of the Court
- when public safety and order requires otherwise
- freedom of speech
right to express one’s thoughts thought governmental restriction.
Abridge - reduce of diminish one’s civil liberties
- religious freedom
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.
- abode
residence
domicile
a fixed place of residence.
residence - personal, actual and physical habitation of a person
domicile - animus revertendi - intention of returning.
- right to intformation
Public interest
on matters of public concern
- general welfare of the public that warrants protection and recognition
- Eminent domain
a taking of private property for pubic use upon payment of just compensation
- imparing obligation of contract shall not be passed
may be impared in the exercise of police power and imminent domain
- free access to Courts and legal assistance shall not be denied by reason of proverty
indigents shall be given legal assistance
section 12
right to remain silent, no torture, confession as inadmissible in Court, compensation to victims of torture
section 13
allowed to bail except with offenses punishable by reclusion perpetrua
.
excessive bail shall not be required
sec 14
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