Bill of Rights

Question 1

Fundamental powers of the state

Answer 1

Police power
Expropriation power
Taxation power

Question 2

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

Answer 2

Autocratic, Divine rule of the monarchs in 17th century

Question 3

Liberal s from the LATIN word blank meaning blank

Answer 3

“Liber” = free

Question 4

Liberalism became a reaction against two features of medieval society:

Answer 4

Religious conformity and ascribed status

Question 5

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

Answer 5

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

Question 6

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

Answer 6

Thomas Hobbes’ Leviathan

Question 7

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

Answer 7

John Locke

Question 8

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

Answer 8

Jean Jacque Rousseau’s Social Contract

Question 9

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

Answer 9

Bill of rights

Question 10

This means “will of the people is supreme lawl

Answer 10

Salus populi est suprema lex

Question 11

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

Answer 11

Sic utere tuo ut alienum non laedas

Question 12

The law may be harsh but it is the law

Answer 12

Dura lex, sed lex

Question 13

Aspects of police power

Answer 13

Public health
Public morals
Public welfare
Public safety

Question 14

The interests of the public require the exercise of police power

Answer 14

Lawful subject

Question 15

The means employed are reasonably necessary

Answer 15

Lawful means

Question 16

Conditions of valid eminent domain

Answer 16

For public use
Just compensation
Private property
Observance of due process

Question 17

Conditions on valid taxing

Answer 17

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

Question 18

Limitations of taxation

Answer 18

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

Question 19

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

Answer 19

Progressive-proportional taxation

Question 20

What article contains the constitutional rights

Answer 20

Article 3

Question 21

Hierarchy of law

Answer 21

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

Question 22

Three fundamental rights

Answer 22

Right to life, liberty, and property

Question 23

Only blank can remove the three rights

Answer 23

Due process

Question 24

Aspects of due process

Answer 24

Substantive

Procedural

Question 25

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

Answer 25

Substantive DP

Question 26

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

Answer 26

Procedural dp

Question 27

No person shall be denied *blank* All persons of things should be treated alike

Answer 27

Equal protection of the law

Question 28

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

Answer 28

Jurisprudence

Question 29

Exceptions of arrest

Answer 29

In flagrante delicto Hot pursuit Escaped Prisoner or detainee

Question 30

Caught on the spot

Answer 30

In flagrante delicto

Question 31

Exceptions of search warrants

Answer 31

Searches at... - moving vehicles or checkpoints - after arrest - airports - stop and frisk - Mall checks

Question 32

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

Answer 32

Fruit of poisonous tree

Question 33

Freedom of speech tests

Answer 33

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

Question 34

Freedom to choose your home

Answer 34

Liberty to abode

Question 35

Right to access plubic info

Answer 35

Right to information and access to public records

Question 36

Exceptions to public access

Answer 36

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

Question 37

Right to unionize

Answer 37

Freedom to association

Question 38

Respect of contracts

Answer 38

Non-impairment of valid contracts

Question 39

A person thought to be guilty w/o probable cause

Answer 39

Suspect

Question 40

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

Answer 40

Preliminary investigation

Question 41

Rights and limitations in preliminary investigation

Answer 41

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

Question 42

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

Answer 42

Miranda rights

Question 43

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

Answer 43

Accused (defendant)

Question 44

Rights of the accused

Answer 44

``` 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 ```

Question 45

Five pillars of criminal justice system

Answer 45

``` The community Law enforcement Prosecution Courts Corrections ```

Question 46

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

Answer 46

Writ of amparo

Question 47

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

Answer 47

Right against involuntary servitude

Question 48

Conscription of able bodied men for the apprehension of criminals

Answer 48

Posse comitatus

Question 49

Obliges minors to obey their parents

Answer 49

Patria potestas

Question 50

Any civil obligation arising from contract

Answer 50

Debt

Question 51

Cannot be charged by same identical offense

Answer 51

Double jeopardy

Question 52

Exceptions to double jeop:

Answer 52

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

Question 53

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

Answer 53

Ex post facto law

Question 54

Legislative act that inflicts punishment without trial

Answer 54

Bill of attainder