Article 3 Bill Of Rights Flashcards

(63 cards)

1
Q

Series of prescriptions setting forth the fundamental civil and political rights of the citizens and imposing certain limitations

A

Constitution of liberty

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2
Q

A declaration and enumeration of the individual rights and privileges, designed to protect against violations by the individual and limitation upon the power of the state

A

Bill of rights

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3
Q

What are the classifications of rights

A

Natural right
Constitutional right
Statutory right

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4
Q

Rights passed by every citizen without being granted by the state

A

Natural rights

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5
Q

Rights which are conferred and protected by the constitution

A

Constitutional rights

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6
Q

Classification of constitutional rights

A

Political rights
Civil rights
Social and economic rights
Rights of the accused

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7
Q

Participate directly or indirectly in the establishment or administration of the government

A

Political rights

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8
Q

Rights which the law will enforce at the stance of private individuals for the purpose of securing them the enjoyment of their means of happiness

A

Civil rights

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9
Q

Are rights which intended to ensure the well being and economic security of the individual

A

Social and economic rights

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10
Q

How many sections are there in bill of rights

A

22 sections

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11
Q

How many sections are there in bill of rights

A

22 sections

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12
Q

Intended for the protection of the person accused of any crime

A

Right of the accused

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13
Q

Rights provided by the law making bodies and may be abolished by the same body

A

Statutory rights

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14
Q

It a person is deprived of life, liberty, and property by the state

A

Due process of law

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15
Q

2 types of due process of law

A

Procedural due process
Substantive due process

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16
Q

Refers to the method or manner by which the law is enforced
Whisch hears before it condemns

A

Procedural due process

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17
Q

What are the elements of procedural due process

A

Jurisdiction over the person or subject matter
Impartial court or tribunal
Defendant or part is Given chance to be heard
Judgement is given only after lawful hearings

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18
Q

Requires that the law itself must be fair, reasonable, and just

A

Substantive due process

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19
Q

Something more than mere existence
The right to live a decent life worthy of human dignity

A

Right to life

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20
Q

Denotes not merely the absence of physical restraint
Embraces the right of the individual to use his facilities, capacities, both physical and mental

A

Liberty

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21
Q

Right to own, use and enjoy, dispose, possess, and even destroy

A

Right to property

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22
Q

What are the constitutes of deprivation

A

Deprivation of life
Deprivation of liberty
Deprivation of property

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23
Q

Includes the loss of any of the various physical and mental attributes

A

Deprivation of life

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24
Q

Means the prevention, denial, or suppression of human freedom

A

Deprivation of liberty

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25
Taking property or the diminution
Deprivation of property
26
Signifies that All persons subject to legislation, similarly situated, should be treated alike like circumstances and conditions
Equal protection of the law
27
The right to be left alone
The right of privacy
28
A recognition that person may communicate and correspond with each other without the state having the right to pry into such communication and correspondence subject to the police power of state
Provision
29
Also known as the constitutional freedom of speech and of the press The right to freely form ideas and opinions, utter, publish, or otherwise communicate and transmit whatever one pleases without previous restraint
Freedom of expression
30
Any form of written or oral communication
Speech or expression
31
Covers every kind of publication
Press
32
What are the kinds of speech that are unprotected
Defamation, libel, slander Obscenity Matters affecting military and national security Obstruction of justice Fraudulent misrepresentation Fighting words
33
The right on the part of the citizens to meet peaceably for consultation
Right of assembly
34
The right of any person or group of persons to apply without fear of penalty
Right of petition
35
Any specific system of belief, worship, conduct, etc. often involving a code of ethics and philosophy
Religion
36
The right of man to worship god and entertain such religious view as appeal to his individual conscience without dicatation or interference by any person or power, civil or ecclesiastical
Religious freedom
37
What are the aspects of religious freedom
Separation of church and state Freedom to worship and professional religious beliefs
38
Two aspects of freedom of religious profession and worship
Freedom to believe Freedom to act on one’s belief
39
What are the aspects of separation of church and state
No state religion No religious test in the exercise of civil or political rights
40
The right to choose one’s residence p, to leave it whenever one pleases, within the limits prescribed by law
Liberty of abode
41
The right to form, join, or not join societies
Right of association
42
What are the three inherent power of the state
Power of taxation Power of eminent domain Police power
43
The right of the state, as a sovereign, to take expropriate property for public use upon payment and just compensation
Power of eminent domain
44
Condition ps or limitations upon eminent domain
Just compensation Public use Observance of due process
45
The duty that binds the parties to a contract p, to perform their understanding according to its terms of intent
Obligation of contracts
46
Meeting of minds between two persons whereby one binds himself
Contract
47
The juridical necessity to give, to do, or to not do
Obligation
48
Anything that diminishes the efficacy of the contract or when the terms or the conditions are changed
Impairment
49
Any questioning initiated by law enforcement officers after a person has been taken into custody
Custodial investigation
50
The right given to a person accused of a crime to be free from detention Upon the posting of cash
Right to bail
51
The security required by a court and given for the provisional or temporary release of a person who is in the custody of law
Bail
52
What are the factors in determining the amount of bail
The nature of the offense The penalty which attached to it The probabilities of guilt The financial condition of the accused The health condition of the accused
53
What are the rights of the accused on trial in a criminal case
To due process of law To be presumed innocent To be heard by himself or by counsel To be informed of the nature and causes of the accusation against him To have a speedy, impartial, and public trial To meet the witnesses face to face Obtain compulsory process
54
What are the elements of the general rights to be heard
Right to be present at the trail Right to counsel Right to an impartial judge Right to confront witnesses Right to compulsory process to secure the attendance of witness
55
Trial conducted in accordance with the rules of law and consistent with due process of law
Speedy trial
56
When attendance Is open to all, irrespective to the relationship of the defendant
Public trial
57
The trial of a case can proceed even in the absence of the accused
Trial in absentia
58
Requisites of trial in absentia
The accused has already been arraigned He has been duly notified of the trial His failure to appear is unjustified
59
The right of a person who is detained by another to have his body brought to court An order issued by the court of competent jurisdiction direct to the person detaining another
Writ of habeas corpus
60
The right of an individual no to be compelled to testify or to produce evidence against himself
Right against self-incrimination
61
Every condition of enforced compulsory service of one to another no matter under what form such servitude may be disguised
Involuntary servitude
62
Any liability to pay money arising out of a contract, express or implied
Debt
63
A tax of a fixed amount impose on individuals residing with a specified territory
Poll tax