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Consti 2 > Consti 2 > Flashcards

Consti 2 Flashcards

1
Q

Chilling effect

A

the discouraging or deterring effect on the legitimate exercise of an individual or group of their constitutional right, such as freedom of speech that is produced by the threat of government sanction

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2
Q

Police power

A

Authority to enact legislation that may regulate liberties in order to forward a common good (general welfare)

Public morals, public order, safety, health

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3
Q

Social justice

A

Meant to correct social injustice, method of making law the “Great Equalizer”

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4
Q

Strict scrutiny test

A

Compelling government interest + least restrictive means

Speech, press, religion, privacy

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5
Q

Eminent Domain

A

The taking of private property for public use with just compensation

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6
Q

Taxation

A

An attribute of sovereignty, lifeblood of the gov’t

(1) Uniform,
(2) equitable and
(3) progressive

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7
Q

Exemption from Taxation

A

Interpreted strictly against the taxpayer. Explicit in the Consti or in laws

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8
Q

Due process

A

(1) Substantive - not unfair, arbitrary or oppressive

(2) Procedural - notice and hearing

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9
Q

Rational basis test

A

Lawful means, lawful purpose and a rational connection between the two. Burden is placed on petitioner
(Property rights)

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10
Q

Right to privacy

A

“Preferred right”, Right to be left alone, zones of privacy,

(1) right to be free from unwarranted publicity
(2) right to be free from wrongful publicizing of private affairs

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11
Q

Confiscation

A

(1) The expropriator must enter a private property;
(2) The entrance into private property must be for more than a momentary period;
(3) The entry into the private property should be under warrant or color of legal authority;
(4) The property must be devoted to public use or otherwise informally appropriated or injuriously affected; and
(5) The utilization of the property for public use must be in such a way as to oust the owner and deprive him of all beneficial enjoyment of the property.

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12
Q

Police power + Eminent Domain

A

Lawful purpose and public use can intersect —> intersect with the lawful means (the taking of the property)

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13
Q

Relative constitutionality

A

Vertical and horizontal

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14
Q

Search and seizure

A

Done with a warrant issued by a court based upon probable cause

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15
Q

Probable cause

A

facts and circumstances that would lead a prudent man to believe a crime has been committed

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16
Q

Warrant

A

(1) crime
(2) things
(3) where they can be found

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17
Q

Exemptions to warrant

A

(1) Search pursuant to a lawful arrest
(2) Consented search
(3) Customs search
(4) Plain view
(5) Search of a vehicle
(6) Exigent or extreme circumstances

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18
Q

Search of vehicles

A

Limited to visual search, plain view doctrine. Police can:

(1) draw curtain aside of a vacant vehicle
(2) just look into
(3) use a flashlight but no opening of doors
(4) occupants arent subjected to a search
(5) visual search
(6) routing check conducted in a fixed area

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19
Q

Kinds of privacy

A

(1) Locational
(2) Informational - interest in avoiding disclosure of personal matters
(3) Decisional - right to independence in making certain important decisions

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20
Q

Kinds of privacy

A

(1) Locational
(2) Informational - interest in avoiding disclosure of personal matters; right to not have private info disclosed, right to live freely without surveillance and intrusion
(3) Decisional - right to independence in making certain important decisions

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21
Q

Minors right to privacy

A

Subject to schools because they have custodial authority acting as loco parentis

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22
Q

Evidence

A

(1) subject of the crime
(2) tools of the crime
(3) fruits/products of the crime

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23
Q

Unprotected content based

A

Libel, seditious speech, fighting words, obscenity, child porn

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24
Q

Content-neutral regulation

A

Time, place, manner

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25
Q

Content-neutral regulation v. content-based restraint

A

Time, place, manner (intermediary approach) v. censorship, based on subject matter (clear and present danger test)

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26
Q

Obscenity test

A

(1) That which depraves
(2) Shocks the ordinary sense of men
(3) Miller guidelines

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27
Q

Public figure

A

(1) Sought publicity and consented to it
(2) Personalities and affairs became public, no longer private affairs
(3) press has a privilege to inform public about those who have become legitimate matters of public interest

28
Q

Test of reasonableness

A

Chosen method is reasonable and enough as means to solve the problem

29
Q

Writ of habeas data

A

Remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individiaul or entity engaged in the gathering, collecting or storing of data or information regarding the perosn, family, home and correspondence of the aggrieved party

30
Q

Press

A

Instrument by which citizens keep the government informed of their needs, aspirations and grievances

31
Q

Balancing of interests test

A

Standard when courts need to balance conflicting social values and individual interests

32
Q

Press

A

Instrument by which citizens keep the government informed of their needs, aspirations and grievances

33
Q

Press freedom

A

(1) freedom from prior restraint
(2) freedom from punishment subsequent to publication
(3) freedom of access to info
(4) freedom of circulation

34
Q

Justification of gov’t regulation on freedom of speech

A

(1) Within consti power of the gov’t
(2) Furthers an important/substantial gov’t interest
(3) Gov’t interest is unrelated to the suppression
(4) Incidental restriction on freedom of speech is no greater than is essential to further the interest

35
Q

Political speech

A

Both intended and received as a contribution to public deliberation about some issue

36
Q

When entitled to privacy?

A

Subject test: One claiming right has an actual or legitimate expectation of privacy over the matter
Objective test: his/her expectation of privacy is one society is prepared to accept as objectively reasonably

37
Q

Freedom of religion

A

(1) Freedom to believe/not believe in any supreme being; since it is in the mind, no limits
(2) Freedom to act is subject to regulation

38
Q

Liberty of abode

A

Right to choose his home and right to be left alone

39
Q

When can liberty of abode and right to travel be impaired?

A

1) by Court order

2) on the basis of natl security as may be provided by law

40
Q

Indigency test

A

those who are daily wage owners will still qualify.

41
Q

Indigent v. pauper

A

Indigent is one who may have Money but does not have means as opposed to a pauper who is someone who has no property at all and is charged with a case.

42
Q

When is circumstantial evidence enough?

A
  • There is more than one circumstance;
  • The facts from which the inferences are derived are proven; and
  • The combination of all the circumstances is such as to produce a conviction beyond a reasonable doubt.
43
Q

Miranda rights

A

1) Informed in a language known to him of the reason for the arrest
2) Right to remain silent; everything can and will be used against him
3) Right to counsel, preferably his choice
4) If you don’t have one, court will provide you one or someone can get you on your behalf
5) No custodial investigation or waiver will be done without presence of counsel
6) Right to communicate and right to reach out to NGOs
7) Right to waive rights, intelligently, voluntarily and knowingly
8) If waives, must be done in writing and in presence of counsel; otherwise impermissible
9) May stop talking at any point that he wishes
10) The rights he has waived, he has the right to invoke again
11) Any evidence taken in violation of any of these rights will be impermissible in court

44
Q

When is a confession admissible?

A

1) Express and categorical
2) Voluntarily and intelligently
3) Assistance of competent and independent counsel
4) In writing and in language understood by the
5) Signed, or if cant, thumb marked

45
Q

Presumption of regularity

A

Amiss any showing that they were remiss in their duties, officers enjoy the presumption of regularity

46
Q

Bail

A

Security given for the release of a person in custody of the law. Meant to relieve accused fr. imprisonment until conviction & yet secure his appearance at trial

47
Q

2 classes of rights guaranteed to an accused

A

1) Interest of the state and accused - may not be waived

2) Personal to the accused - may be waived

48
Q

Subpeona ad testificandum

A

compel a person to testify

49
Q

Subpeona duces tecum

A

compel the production of books, records, things or documents. Must pass test of relevancy, test of definiteness

50
Q

Can bail be waived?

A

Yes, it being a right personal in nature, not being contrary to law, public morals, and not prejudicial to third persons.

51
Q

Ways to get bond

A

Cash bond, property bond, surety

52
Q

Objectives of the right to be informed of the cause against him

A

(1) to furnish accused with a description of the charges against him
(2) grants the option to avail himself of his conviction/acquittal for protection against further prosecution
(3) Inform the court of the facts allege

53
Q

What does court need to do when enter a plea of guilty?

A

1) Conduct a searching inquiry to determine voluntariness and full comprehension of accused
2) Prosecution must give evidence to prove guilt and precise degree of culpability
3) Must ask accused if he wishes to adduce evidence on his behalf

54
Q

Rights of the accused?

A

1) Presumption of innocence until proven guilty
2) Right to due process before answering for a crim offense
3) Right to be heard by himself and counsel
4) Right to be informed of the nature and cause of the accusation alleged against him
5) Right to bail
6) Right to a speedy, impartial and public trial
7) Right to meet witnesses face to face
8) Right to compulsory process to secure attendance of witnesses and production of evidence on his behalf
9) Right to speedy disposition of cases
10) Right not to be compelled to be a witness against himself
11) Right against double jeopardy

55
Q

Writ of habeus corpus

A

For cases of illegal confinement/detention where rightful custody of a person is withheld from the one entitled thereto

56
Q

Transactions

A

Steps leading to a contract and the contract itself

57
Q

Limitations to the right to information

A

(1) Limited to “matters of public concern” and (2) subject to limitations as may be provided by law

58
Q

Recognized exemptions to right to information

A

Natl security, trade secrets and banking transactions, criminal matters, other confidential matters (closed door meetings, etc)

59
Q

Nature of amparo

A

Preventive - breaks expectation of impunity in commission of these offenses, curative - facilitates subsequent punishment of perpetrators since its inevitable yield leads to subsequent investigation and action

60
Q

Elements of enforced disappearance

A

(a) that there be an arrest, detention, abduction or any form of deprivation of liberty;
(b) that it be carried out by, or with the authorization, support or acquiescence of, the State or a political organization;
(c) that it be followed by the State or political organization’s refusal to acknowledge or give information on the fate or whereabouts of the person subject of the amparo petition; and
(d) that the intention for such refusal is to remove subject person from the protection of the law for a prolonged period of time.

61
Q

Double jeopardy is meant to protect against

A
  • Second prosecution for the same offense after acquittal
  • Second prosecution for the same offense after conviction
  • Multiple punishments for the same offense
62
Q

Ex post facto law

A

1) Makes criminal an act done before the passage of the law and which was innocent when done, and punishes such an act;
2) Aggravates a crime, or makes it greater than it was, when committed;
3) Changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed;
4) Alters the legal rules of evidence, and authorizes conviction upon less or different testimony than the law required at the time of the commission of the offense;
5) Assuming to regulate civil rights and remedies only, in effect imposes penalty or deprivation of a right for something which when done was lawful; and
6) Deprives a person accused of a crime of some lawful protection to which he has become entitled, such as the protection of a former conviction or acquittal, or a proclamation of amnesty.

63
Q

Relationships in education

A

1) HLIs v State
2) HLIs v teachers
3) HLIs v students

64
Q

Power of HLIs

A

1) What to teach
2) How to teach
3) Who will teach
4) Who will be admitted

65
Q

Valid classification

A
  • Based on real and substantial differences
  • Germane to the purpose of the law
  • Concerns all members of the class
  • Applies equally to present and future conditions

Consti 2 (2 decks)

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