Quiz # 3 Flashcards
Bill of Rights Define?
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
How many sections, Bill of Rights?
22 Sections
Is it self executing?
There’s no need for enabling law before these rights maybe invoke
Significance of Bill of Rights? provide 2
- State is pwerful and in exercising such powers, without limits> becomes tyranical
- BR guarantee> life, liberty and property > w/c state powers may not touch/intervene
State Section 1, Article 3 of the Bill of Rights?
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
Define “person”, as mentioned in S1, A3, Bill of Rights?
natural persons or judicial or artifical persons
Define “life”, as mentioned in S1, A3, Bill of Rights?
everything that makes you happy and fulfil as a human being
When “life” starts, as mentioned in S1, A3, Bill of Rights??
Conception to Birth
Is right to life also the right to end it? e.g. suicide?
No. violative of good morals and public policy
Define “liberty”, as mentioned in S1, A3, Bill of Rights?
physical or actual restraints also includes freeom rights
Is “liberty” limited only to physical or actual restraints?
No. Freedom of speech, abode, travel and so on also included.
Define “property”, as mentioned in S1, A3, Bill of Rights?
things within the commerce of men excluding illicit or illegal things
Is “property”, as mentioned in S1, A3, Bill of Rights, limited to tangible things?
No. Can include intangible matters such as right to education, livelihhod, benefits and so on.
Is right to vote and public office included in property rights?
No. These are not subjet to accession or succession. e.g. sale or similar
Define “deprivation”, as mentioned in S1, A3, Bill of Rights?
Denial
Is mere deprivation unconstitiaonal or not allowed?
No. Deprivation is allowed. However, it is not allowed ifthere is deprivation against life, liberty or property.
Define Due Process?
It cannot be define.
Due Process cannot be define because?
Due process clause is supposed tob versatile where it* can be applied in all known isntances/situations wherein there is percieved unfairness
Due process as defined by jurisprudence?
it* is a law w/c hears before it condemns
Purpose of Due Process?
> 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
Can i invoke Due process agaisnt private individuals
Yes. Employer aginst unlawful termination
2 Aspects of Due Process
> substantive due process
> Procedural Due Process
What is substantive due process?
> prohibition against arbitray laws
What are the elments of substantive due process?
> 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
as one of the aspects, what is procedural due rpocess?
> restriction on actions of judicial and quasi jduica agencies of the state
Under procedural due process, what are the elements or requiremetns of judicial?
> 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
Under procedural due process, what are the elements or requiremetns of administrative due process/quasi judicial process?
> 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
> when> law violates due process, 2 aspect?
> procedural aspect
> substantive aspect
> when> law violates due process, in case of > procedural aspect. explain
> a law> enacted> signed> PUBLICATION > implemented
> NOT PUBLISHED
> when> law violates due process, in case of > substantive aspect. explain
Through the ff. doctrines:
> void for vagueness rule
> overbreath doctrine
> operative fact doctrine
> void for vagueness rule as violative of due process?
> the law is vague> that men of common intelligence X understand the law> consider> as such/violative of thisthatthe
> overbreath doctrine as violative of due process?
> the law is so broad/too general that X understood> sweep or affect> unessarily> protected freedom> violative
> operative fact doctrine, as violative of due process, views?
traditional view
modern view
> operative fact doctrine, as violative of due process, in case of traditional view?
> traditional view: unconsti is a no law at all, as if the law never existed; absolute; no effect
> operative fact doctrine, as violative of due process, in case of modern vie?
> 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
> equal protection, define?
> prohibit unwarranted partiality or prejudice; > it’s a guarantee
> what does equal protection mandates?
> mandates equality before the law
> equal protection, allows classification?
No with exception to valid ones.
> equal protection, allows/valid classification? GR?
> GR: all persons/things similary situated should be treated alike both as to rights concerfered & responsilbities imposed
> equal protection, allows/valid classification, elements?
> 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
