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Flashcards in Bill Of Rights Deck (35)
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1

Define Bill of Rights

Protection of guaranteed rights to liberty, property, other freedoms

Governs the relationship between individual and State; not relationship between private individuals

2

Define Bill of Rights

Governs the relationship between individual and State; not relationship between private individuals

3

Doctrines applied in interpretation of Bill of Rights (2)

Void for Vagueness
Overbreadth Doctrine

4

Define Void for Vagueness

Lacks comprehensible standards that men of common intelligence must necessarily guess at its common meaning and differ as to its application

5

Why is stature repugnant under Void for Vagueness doctrine (2)

Violates due process; failure to accord persons of fair notice of conduct to avoid

Leaves law enforcers unbridled discretion in carrying out its provisions

6

Define Overbreadth doctrine

Law gives a chilling effect

7

Kinds of chilling effect (2)

Benign chilling effect
Individious chilling effect

8

Define Benign Chilling Effect

Penal statues intended to have an in terrorem (fear) effect to prevent repetition of offense and deter criminality

9

Define Invidious Chilling Effect

Penal laws affecting free speech and impose penalty so discouraging thus impending exercise of speech and expression altogether

10

Judicial Standards of Review under Bill of Rights (3)

Rational Basis Test
Intermediate Scrutiny Test
Strict Scrutiny Test

11

Where is Rational Basis Test applicable

Economic, property, commercial legislation

12

Where is Intermediate Scrutiny Test applicable?

Discrimination of gender or illegitimacy of children

13

Where is Strict Scrutiny Test applicable

Discrimination of race or
Violate fundamental rights

14

Define Rational Basis Test

Minimum level of scrutiny all Government actions challenged under equal protection law must meet

If laws rationally further a governmental influence

Without courts inquiring into substantiality of such interest and examining alternative means

15

Define Intermediate Scrutiny Test

Substantiality of government interest is looked into

Availability of less restrictive alternative is considered

16

Define Strict Scrutiny Test

Must promote compelling state interest and absence of less restrictive means for achieving said interest

17

Who are protected by Bill of Rights

Citizens and aliens within jurisdiction of Philippines

18

Tests to see if actions of State are legal under Freedom of Speech Clause (4)

Dangerous Tendency Test
Clear and Present Danger Test
Balancing of Interest Test
Heckler's Veto

19

Define Dangerous Tendency Test

Uttered words are punishable if they create a dangerous tendency of evil which the State has right to prevent

20

Define Clear and Present Danger Test

Danger created must be clear, present, traceable to ideas expressed

21

Define Balancing of Interest Test

Particular conduct is regulated in interest of public order. Said regulation results in indirect, conditional, partial abridgment of speech. Court must decide which of two conflicting interest demands greater protection

22

Define Heckler's Veto

Government accepts restrictions on speech because of anticipated or actual reactions of opponent of speech

23

Tests applied under Freedom of Religion clause (2)

Benevolent Neutrality Doctrine
Establishment Clause

24

Define Benevolent Neutrality

Government must uphold religious liberty to greatest extent possible within flexible constitutional limits

25

Define Establishment Clause

Laws must not be to the aid or inhibition of religion; no excessive entanglement

26

Define Due Process (4)

1. There shall be a law prescribed in harmony with the general powers of legislative department
2. Law is reasonable in its operations
3. Enforced according to regular methods of procedure prescribed
4. Shall be applicable to all citizens of the state or to all of a class

27

Concepts of Due Process

1. Constitutional Due Process
2. Statutory Due Process

28

Define vested right

Right to enjoyment is a present interest, absolute, unconditional

29

What is standard if morality

Secular not religious

30

Types of due process (2)

Procedural
Substantive