Quiz # 3

Question 1

Bill of Rights Define?

Answer 1

set of prescriptions/rules settin forth the funadamental civli and polictica rights of the ivnidival and nd at the same time imposing limitations on the powers of the State/Gove as means of securing of enjoyment of the rights

Question 2

How many sections, Bill of Rights?

Answer 2

22 Sections

Question 3

Is it self executing?

Answer 3

There’s no need for enabling law before these rights maybe invoke

Question 4

Significance of Bill of Rights? provide 2

Answer 4

1. State is pwerful and in exercising such powers, without limits> becomes tyranical
2. BR guarantee> life, liberty and property > w/c state powers may not touch/intervene

Question 5

State Section 1, Article 3 of the Bill of Rights?

Answer 5

No person shall be deprived of life, liberty or property without due process of law, nor shall anny person be denied equal protection of laws

Question 6

Define “person”, as mentioned in S1, A3, Bill of Rights?

Answer 6

natural persons or judicial or artifical persons

Question 7

Define “life”, as mentioned in S1, A3, Bill of Rights?

Answer 7

everything that makes you happy and fulfil as a human being

Question 8

When “life” starts, as mentioned in S1, A3, Bill of Rights??

Answer 8

Conception to Birth

Question 9

Is right to life also the right to end it? e.g. suicide?

Answer 9

No. violative of good morals and public policy

Question 10

Define “liberty”, as mentioned in S1, A3, Bill of Rights?

Answer 10

physical or actual restraints also includes freeom rights

Question 11

Is “liberty” limited only to physical or actual restraints?

Answer 11

No. Freedom of speech, abode, travel and so on also included.

Question 12

Define “property”, as mentioned in S1, A3, Bill of Rights?

Answer 12

things within the commerce of men excluding illicit or illegal things

Question 13

Is “property”, as mentioned in S1, A3, Bill of Rights, limited to tangible things?

Answer 13

No. Can include intangible matters such as right to education, livelihhod, benefits and so on.

Question 14

Is right to vote and public office included in property rights?

Answer 14

No. These are not subjet to accession or succession. e.g. sale or similar

Question 15

Define “deprivation”, as mentioned in S1, A3, Bill of Rights?

Answer 15

Denial

Question 16

Is mere deprivation unconstitiaonal or not allowed?

Answer 16

No. Deprivation is allowed. However, it is not allowed ifthere is deprivation against life, liberty or property.

Question 17

Define Due Process?

Answer 17

It cannot be define.

Question 18

Due Process cannot be define because?

Answer 18

Due process clause is supposed tob versatile where it* can be applied in all known isntances/situations wherein there is percieved unfairness

Question 19

Due process as defined by jurisprudence?

Answer 19

it* is a law w/c hears before it condemns

Question 20

Purpose of Due Process?

Answer 20

> 1 prvent undue encrouchemnt against life, liberity and property of indivduals

> 2 secure indiviual from arbitray powers of the state

> 3 protect property in particular from confiscation by the legislative from seizurs, forfetuure, destruction without trial and convicaiton by the ordinary modes of judicial proceedings

Question 21

Can i invoke Due process agaisnt private individuals

Answer 21

Yes. Employer aginst unlawful termination

Question 22

2 Aspects of Due Process

Answer 22

> substantive due process

> Procedural Due Process

Question 23

What is substantive due process?

Answer 23

> prohibition against arbitray laws

Question 24

What are the elments of substantive due process?

Answer 24

> lawful subject: valid law w/c it is based; passed/approved to accomplish valid state goal
lawful means: objectve pursued in a lawful way, valid and goal

Question 25

as one of the aspects, what is procedural due rpocess?

Answer 25

> restriction on actions of judicial and quasi jduica agencies of the state

Question 26

Under procedural due process, what are the elements or requiremetns of judicial?

Answer 26

> 1 impartial and comptent court
2 jurisdication: power of the court to hear and decide a case; lawfully acquired over the persons and his properties
3 hearing/trial
4 judgment: upond conduct of a lawful hearing/trial

Question 27

Under procedural due process, what are the elements or requiremetns of administrative due process/quasi judicial process?

Answer 27

> 1 hearing/trial
2 consider evidence presented
3 decision must have something to support itself
4 substancial evidence (amount of evidnece which* a resonble mind might might accept as adeqate to support a decision)
5 decision> must be rendered> evidence presented in the hearing

Question 28

> when> law violates due process, 2 aspect?

Answer 28

> procedural aspect

> substantive aspect

Question 29

> when> law violates due process, in case of > procedural aspect. explain

Answer 29

> a law> enacted> signed> PUBLICATION > implemented

> NOT PUBLISHED

Question 30

> when> law violates due process, in case of > substantive aspect. explain

Answer 30

Through the ff. doctrines:
> void for vagueness rule
> overbreath doctrine
> operative fact doctrine

Question 31

> void for vagueness rule as violative of due process?

Answer 31

> the law is vague> that men of common intelligence X understand the law> consider> as such/violative of thisthatthe

Question 32

> overbreath doctrine as violative of due process?

Answer 32

> the law is so broad/too general that X understood> sweep or affect> unessarily> protected freedom> violative

Question 33

> operative fact doctrine, as violative of due process, views?

Answer 33

traditional view

modern view

Question 34

> operative fact doctrine, as violative of due process, in case of traditional view?

Answer 34

> traditional view: unconsti is a no law at all, as if the law never existed; absolute; no effect

Question 35

> operative fact doctrine, as violative of due process, in case of modern vie?

Answer 35

> modern view: unconsit law> certain legal effects that X just be denied prior to the declation of the unconsti; and so a matter of due process and fairness that the effects of the should be recognized was declared unconsti

Question 36

> equal protection, define?

Answer 36

> prohibit unwarranted partiality or prejudice; > it’s a guarantee

Question 37

> what does equal protection mandates?

Answer 37

> mandates equality before the law

Question 38

> equal protection, allows classification?

Answer 38

No with exception to valid ones.

Question 39

> equal protection, allows/valid classification? GR?

Answer 39

> GR: all persons/things similary situated should be treated alike both as to rights concerfered & responsilbities imposed

Question 40

> equal protection, allows/valid classification, elements?

Answer 40

> classifications>based> substantial distinction
classification> germane> purposes of the law
classification> X limited to existing conditions only
apply equally to all members of the same class