ARTICLE 3

Cards (67)

  • Bill of rights -  The Bill of Rights is a list of the individual rights and freedoms that the Constitution protects from being violated by the government or by other people.
  • Classes of rights (1) Natural rights (2) Constitutional rights (3)Statutory rights
    • Natural rights It is the right of the citizens without being granted of the state
  • Constitutional rights - The rights that protected by the constitution
  • Statutory rights -  The rights of the citizens that came from law
  • Political rights - It is the right of a person to be involved in a political system.
  • Civil rights - It is the right of a person from law that secured their happiness as citizens.
  • Social and economic rights - The rights of citizens to ensure their economic security. 
  • Right of the accused Civil rights that protects the person accused by crime.
  •  reclusion perpetua (life imprisonment) - carries a maximum sentence of 40 years.
  • The "writ of habeas corpus" is a legal principle and mechanism that safeguards individual freedom against arbitrary detention by ensuring that individuals have the right to challenge the legality of their imprisonment or detention before a court of law.
  • "Arbitrary" refers to actions, decisions, or rules that are based on random choice or personal whim rather than any principled reason or system
  •  Quasi-judicial refers to a proceeding conducted by an administrative or executive official or organization that is similar to a court proceeding, 
  • heinous crime- extremely evil or horrible crime
  • Double jeopardy refers to the legal principle that prohibits a person from being tried or punished again for the same offense after they have been either acquitted or convicted for that offense.
  • Bail is money or property deposited with the court as security for the appearance of a defendant in court.
  • Ex post facto laws refer to laws that retroactively criminalize conduct that was not considered unlawful at the time it occurred.
  • The right against self-incrimination protects individuals from being forced to testify against themselves in criminal proceedings.
  • SECTION 1: Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.
  • Deprived - Taking something away from someone.
  • Due Process - Is the requirement that legal matters must be resolved according to established rules and principles.
  • RIght to life - It includes the right of an individual to his body in its completeness, free from dismemberment, and extends to the use of God-given faculties which make life enjoyable.
  • Right to Liberty - The right to exist and the right to be free from arbitrary personal restraint or servitude. It includes the right of the citizen to be free to use his faculties in all lawful ways.
  • RIght to Property - Property refers to either the thing itself or the right over the thing, the right to own, use, possess, alienate, or destroy the thing.
  • Due Process: is the requirement that legal matters must be resolved according to established rules and principles
  • Substantive due process - It is a due process that aligns with the strong evidence of the case.
  • Procedural due process - It is a due process that aligns with the process or procedure of the case
  • Circumstantial due process - it is a due process that aligns with the situation of the case
  • Types of Due Process (1) Substantive due process (2) Procedural due process (3) Circumstantial due process
  • Equal Protection Clause: This means the government must treat similarly situated individuals in the same manner, this protection covers all citizens including aliens in the country.
  • Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.
  • Seized - taken hold, possession, or control of, as by force or legal authority; confiscated, captured, or appropriated. 
  • Search Warrant -  A paper that gives legal approval to search for evidence from the court. Without it, searching for evidence will be called “Illegal search”. The search warrant also covers only specific places to search in the house (e.g: kitchen) 
  • Warrant of arrest - A paper that gives legal approval to arrest the person from the judge
  • Probable cause -  The officer should give reasonable information to support the possibility that the evidence of illegality will be found.
  • Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law.
    (2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.
  • Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.
  • Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.
  • Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.
  • Liberty of abode -  The right to choose or change where he/she wants to live.