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SOC MARK > Bill of Rights > Flashcards

Bill of Rights Flashcards

1
Q

Fundamental powers of the state

A

Police power
Expropriation power
Taxation power

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2
Q

Bill of rights emerged from Liberals which emerged as a response to?

A

Autocratic, Divine rule of the monarchs in 17th century

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3
Q

Liberal s from the LATIN word blank meaning blank

A

“Liber” = free

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4
Q

Liberalism became a reaction against two features of medieval society:

A

Religious conformity and ascribed status

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5
Q

The prevalence of liberal de ocrstic set up was suggested by blank, developed through blank, and spread through blank

A

Social contract
Declaration of the Rights of Man and of the citizen
Napoleon Bonaparte via Napoleonic Code

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6
Q

This idea focused on equality of all people, no right to rule over another without consent, but pwease voluntarily submit to a sovereign ruler

A

Thomas Hobbes’ Leviathan

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7
Q

Idea that yall can overthrow abusive govts. Emphasized rule of the people

A

John Locke

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8
Q

Developed the concept of the constitution. Govt must protect the equality and character of its citizens

A

Jean Jacque Rousseau’s Social Contract

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9
Q

Set of prescriptions that state the people’s rights and sets limitations on the powers of the govt

A

Bill of rights

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10
Q

This means “will of the people is supreme lawl

A

Salus populi est suprema lex

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11
Q

Means “use your own property so as to not injure the property rights of others”

A

Sic utere tuo ut alienum non laedas

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12
Q

The law may be harsh but it is the law

A

Dura lex, sed lex

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13
Q

Aspects of police power

A

Public health
Public morals
Public welfare
Public safety

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14
Q

The interests of the public require the exercise of police power

A

Lawful subject

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15
Q

The means employed are reasonably necessary

A

Lawful means

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16
Q

Conditions of valid eminent domain

A

For public use
Just compensation
Private property
Observance of due process

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17
Q

Conditions on valid taxing

A

proportional distribution
Levied by the state
For the support of the govt
For public needs

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18
Q

Limitations of taxation

A 
Public purpose
Non-delegability of power
Territoriality
Exemption of govt
International comity
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19
Q

A tax that takes larger percent of income from high income groups than from low ones

A

Progressive-proportional taxation

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20
Q

What article contains the constitutional rights

A

Article 3

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21
Q

Hierarchy of law

A

Constitution (mother of all laws)
Statutes (laws by the congress)
Implementing rules and regulations (by executives or cabinet)
Jurisprudence

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22
Q

Three fundamental rights

A

Right to life, liberty, and property

23
Q

Only blank can remove the three rights

A

Due process

24
Q

Aspects of due process

A

Substantive

Procedural

25
Q

This serves as a restriction on the govt law and rule making powers. The means employed are reasonably necessary for the accomplishment of the purpose

A

Substantive DP

26
Q

Serves as a restriction on actions of the judicial and quasi-judicial agencies of the govt

A

Procedural dp

27
Q

No person shall be denied blank

All persons of things should be treated alike

A

Equal protection of the law

28
Q

Law like nature of all court decisions that should be basis to future court decisions

A

Jurisprudence

29
Q

Exceptions of arrest

A

In flagrante delicto
Hot pursuit
Escaped Prisoner or detainee

30
Q

Caught on the spot

A

In flagrante delicto

31
Q

Exceptions of search warrants

A

Searches at…

  • moving vehicles or checkpoints
  • after arrest
  • airports
  • stop and frisk
  • Mall checks
32
Q

States that any evidence obtained illegally or by the violation of privacy is inadmissible as evidence

A

Fruit of poisonous tree

33
Q

Freedom of speech tests

A 
Clear and present danger test
Dangerous tendency test
Grave but improbable danger test
Balancing of interest test
O'brien test
34
Q

Freedom to choose your home

A

Liberty to abode

35
Q

Right to access plubic info

A

Right to information and access to public records

36
Q

Exceptions to public access

A

National, military, and diplomat secrets
Criminal records prohibited by court
Trade and industrial secrets
Other shit falling under the ethical safety act

37
Q

Right to unionize

A

Freedom to association

38
Q

Respect of contracts

A

Non-impairment of valid contracts

39
Q

A person thought to be guilty w/o probable cause

A

Suspect

40
Q

Inquiry to determine whether there is sufficient ground to believe this bitch guilty

A

Preliminary investigation

41
Q

Rights and limitations in preliminary investigation

A

No cross examination
No right to counsel unless confession is being obtained
No dismissal w/o approval
Right to discovery proceedings

42
Q

Rights to be said during presentation of warrant of arrest. Applied to hoes under custodial investigation

A

Miranda rights

43
Q

Hoe/s charged or on trial for a crime. With probable cause

A

Accused (defendant)

44
Q

Rights of the accused

A 
Due process
Be presumed innocent
Be heard by himself and counsel
Be informed of the nature and cause of the accusation against him
Speedy impartial trial
Meet witnesses face 2 face
Against double jeopardy 
Bail
45
Q

Five pillars of criminal justice system

A 
The community
Law enforcement 
Prosecution
Courts
Corrections
46
Q

Remedy that protects rights that have been vilated or threatened to be by public officials or private individuals

A

Writ of amparo

47
Q

Condition where ine does labor for another thru compulsion, threats, or violence

A

Right against involuntary servitude

48
Q

Conscription of able bodied men for the apprehension of criminals

A

Posse comitatus

49
Q

Obliges minors to obey their parents

A

Patria potestas

50
Q

Any civil obligation arising from contract

A

Debt

51
Q

Cannot be charged by same identical offense

A

Double jeopardy

52
Q

Exceptions to double jeop:

A

Dismissal based on insufficiency of evidence
Dismissal coz of denial of accused’s right to speedy trial
Accused is discharged to be a state witness

53
Q

You cant be criminalized for doing something before it was made illegal

A

Ex post facto law

54
Q

Legislative act that inflicts punishment without trial

A

Bill of attainder

SOC MARK (4 decks)

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