Quiz # 3 Flashcards

1
Q

Bill of Rights Define?

A

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

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2
Q

How many sections, Bill of Rights?

A

22 Sections

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3
Q

Is it self executing?

A

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

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4
Q

Significance of Bill of Rights? provide 2

A
  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
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5
Q

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

A

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

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6
Q

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

A

natural persons or judicial or artifical persons

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7
Q

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

A

everything that makes you happy and fulfil as a human being

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8
Q

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

A

Conception to Birth

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9
Q

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

A

No. violative of good morals and public policy

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10
Q

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

A

physical or actual restraints also includes freeom rights

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11
Q

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

A

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

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12
Q

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

A

things within the commerce of men excluding illicit or illegal things

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13
Q

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

A

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

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14
Q

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

A

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

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15
Q

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

A

Denial

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16
Q

Is mere deprivation unconstitiaonal or not allowed?

A

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

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17
Q

Define Due Process?

A

It cannot be define.

18
Q

Due Process cannot be define because?

A

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

19
Q

Due process as defined by jurisprudence?

A

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

20
Q

Purpose of Due Process?

A

> 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

21
Q

Can i invoke Due process agaisnt private individuals

A

Yes. Employer aginst unlawful termination

22
Q

2 Aspects of Due Process

A

> substantive due process

> Procedural Due Process

23
Q

What is substantive due process?

A

> prohibition against arbitray laws

24
Q

What are the elments of substantive due process?

A

> 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

25
as one of the aspects, what is procedural due rpocess?
> restriction on actions of judicial and quasi jduica agencies of the state
26
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
27
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
28
> when> law violates due process, 2 aspect?
> procedural aspect | > substantive aspect
29
> when> law violates due process, in case of > procedural aspect. explain
> a law> enacted> signed> PUBLICATION > implemented | > NOT PUBLISHED
30
> when> law violates due process, in case of > substantive aspect. explain
Through the ff. doctrines: > void for vagueness rule > overbreath doctrine > operative fact doctrine
31
> 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 this*that*the
32
> overbreath doctrine as violative of due process?
> the law is so broad/too general that X understood> sweep or affect> unessarily> protected freedom> violative
33
> operative fact doctrine, as violative of due process, views?
traditional view | modern view
34
> 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
35
> 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
36
> equal protection, define?
> prohibit unwarranted partiality or prejudice; > it's a guarantee
37
> what does equal protection mandates?
> mandates equality before the law
38
> equal protection, allows classification?
No with exception to valid ones.
39
> equal protection, allows/valid classification? GR?
> GR: all persons/things similary situated should be treated alike both as to rights concerfered & responsilbities imposed
40
> 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