Understanding the Bill of Rights
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Questions and Answers

What is the primary context of involuntary servitude?

  • Leisure activities
  • Community service
  • Forced labor (correct)
  • Voluntary labor

ROTC and CWTS are considered grounds for involuntary servitude.

False (B)

What type of punishment is involuntary servitude sometimes associated with?

Forced labor

Involuntary servitude is considered a form of ________ punishment.

<p>forced labor</p> Signup and view all the answers

Match the following terms with their descriptions:

<p>Involuntary Servitude = Forced labor as punishment ROTC = Reserve Officer Training Corps CWTS = Civic Welfare Training Service Punishment = Consequences for wrongdoing</p> Signup and view all the answers

What is the primary purpose of the Bill of Rights?

<p>To protect individual rights (B)</p> Signup and view all the answers

A writ of habeas corpus requires an arrested person to be brought before a judge.

<p>True (A)</p> Signup and view all the answers

What does the term 'Bill of Rights' refer to?

<p>A list of individual rights and freedoms.</p> Signup and view all the answers

The Bill of Rights limits the ________ of the government.

<p>power</p> Signup and view all the answers

Match each term related to the Bill of Rights with its description:

<p>Bill of Rights = A collection of amendments protecting individual rights Writ of habeas corpus = Order to bring a detained person before a court Individual rights = Entitlements that belong to each person Government limits = Restrictions on governmental authority</p> Signup and view all the answers

What is the purpose of the Writ of Habeas Corpus?

<p>To inquire into involuntary restraint and relieve illegal detention (C)</p> Signup and view all the answers

The aggrieved party can ask for a dismissal of a case through a mandamus.

<p>True (A)</p> Signup and view all the answers

What is self-incrimination?

<p>The constitutional right of a person to refuse to answer questions or provide testimony that could incriminate themselves.</p> Signup and view all the answers

A person may incriminate themselves through __________, private books, or private letters.

<p>testimony</p> Signup and view all the answers

Match the legal terms with their definitions:

<p>Writ of Habeas Corpus = Inquires into involuntary restraint Mandamus = Order from a superior court for action Self-Incrimination = Right to refuse testimony against oneself Speedy trial = Right to a prompt disposition of cases</p> Signup and view all the answers

Which of the following is not a form of self-incrimination?

<p>Discussing legal strategy with an attorney (C)</p> Signup and view all the answers

A Writ of Habeas Corpus can address both voluntary and involuntary restraint.

<p>False (B)</p> Signup and view all the answers

What can aggrieved parties seek through a mandamus?

<p>To compel a subordinate court or authority to perform a specific legal duty.</p> Signup and view all the answers

What is NOT a requirement for punishments according to Furman v Georgia?

<p>Must not be longer than one year (A)</p> Signup and view all the answers

A person can be imprisoned for not being able to pay debts.

<p>False (B)</p> Signup and view all the answers

List one condition under which a person can be imprisoned for debt.

<p>If they have committed a crime relating to non-payment of debts through bad faith or malice.</p> Signup and view all the answers

According to Furman v Georgia, punishments must not be ____ to contemporary society.

<p>unacceptable</p> Signup and view all the answers

Match the following conditions for punishments from Furman v Georgia:

<ol> <li>Must not be severe = A. Respect human dignity</li> <li>Must not be applied arbitrarily = B. Fair application of laws</li> <li>Must not be unacceptable = C. Meet societal standards</li> <li>Must not be excessive = D. Proportional to the crime</li> </ol> Signup and view all the answers

What is the legal term for committing a crime such as cheating regarding payment?

<p>Estafa (B)</p> Signup and view all the answers

Punishments for crimes relating to debt can be severe if they are not excessive.

<p>True (A)</p> Signup and view all the answers

What is the consequence for a person found guilty of non-payment of debts under bad faith?

<p>They can be imprisoned.</p> Signup and view all the answers

What does the term 'bad faith' primarily refer to?

<p>Double mindedness or deception (B)</p> Signup and view all the answers

Double jeopardy allows a person to be tried multiple times for the same offense.

<p>False (B)</p> Signup and view all the answers

What is one circumstance under which double jeopardy ends?

<p>Once the accused is acquitted or convicted.</p> Signup and view all the answers

A ______ makes a legislative act that inflicts punishment without judicial trial.

<p>Bill of Attainder</p> Signup and view all the answers

Which of the following statements about Ex-Post Facto Law is true?

<p>It increases the severity of punishment for actions committed before the law was enacted. (B)</p> Signup and view all the answers

A Bill of Attainder can be used to punish a group of people without due process.

<p>True (A)</p> Signup and view all the answers

What is an example of a situation in which double jeopardy ends?

<p>Dismissal of the charges.</p> Signup and view all the answers

Flashcards

Writ of Habeas Corpus

A legal process used to challenge unlawful imprisonment.

Speedy disposition of cases

Cases should be resolved quickly and fairly in court.

Mandamus

Legal order from a higher court to a lower court to take action.

Right Against Self-Incrimination

The right to not testify against oneself in legal proceedings.

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Self-Incrimination

Act of exposing oneself to criminal prosecution by providing evidence against oneself.

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Involuntary Restraint

Unlawful imprisonment or detention.

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Remedy (for speedy disposition)

Court action (mandamus) to ensure prompt handling of legal cases.

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No compelled testimony against self

No one can be forced to testify against themselves in court.

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Bill of Rights

Rights guaranteed to individuals by law, protecting them from government intrusion and ensuring their freedom.

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Writ

A legal action compelling someone to appear in court and justify detention or actions.

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Individual's rights

The liberties and freedoms guaranteed to each person; they limit governmental power.

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Preventing government violations

The Bill of Rights protects individuals from unfair or unjust actions by the government.

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Legal action (writ)

A formal request to a court or official compelling compliance or appearance; used to bring the accused before a judge.

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Involuntary Servitude

Forced labor as a punishment.

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Punishment for Forced Labor

Involuntary servitude is a form of punishment involving forced labor.

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ROTC and CWTS

These are not considered involuntary servitude; instead, they're responsibilities of citizens.

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Cruel and Unusual Punishment

Treatment that is inhumane and excessive.

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Death Penalty Exception

The death penalty is an exception to the rule against cruel and unusual punishment, but only if it's carried out justly.

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Punishment Degradation

Punishments should not be so severe that they degrade the dignity of human beings.

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Arbitrary Punishment

Punishments must not be applied arbitrarily, meaning they should be fair and consistent.

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Socially Unacceptable Punishment

Punishments should not be unacceptable to contemporary society, meaning they should fit with modern values and norms.

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Excessive Punishment

Punishments must not be excessive, meaning they should be proportionate to the crime.

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Debt Imprisonment

A person cannot be imprisoned solely for failing to pay debt.

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Imprisonment for Deception

A person can be imprisoned for crimes related to non-payment of debts if there's evidence of bad faith or intentional deception, like Estafa.

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Estafa

A crime involving deception or fraud, often related to non-payment of debts.

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Punishment Proportionality

The severity of a punishment should be proportional to the severity of the crime committed.

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Bad Faith

Acting with duplicity, fraud, or deception, showing double-mindedness or double-heartedness.

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Double Jeopardy

Being prosecuted more than once for the same offense.

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When does Double Jeopardy end?

Double jeopardy ends once the accused is acquitted or convicted, or if the charges are dismissed.

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Ex-Post Facto Law

A law that criminalizes an action done before the law was passed, which was innocent when done, or increases the punishment for a crime after it was committed.

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Bill of Attainder

A legislative act that inflicts punishment without a judicial trial.

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Example of Bill of Attainder

A law that makes all Filipinos who served under the Japanese government ineligible to hold public office.

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What is the purpose of double jeopardy?

Double jeopardy protects individuals from being punished multiple times for the same crime.

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Why is an Ex-Post Facto Law unfair?

It punishes people for actions that were legal when they were committed, creating an unfair system.

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Study Notes

Bill of Rights

  • The Bill of Rights is a declaration and enumeration of individual rights and privileges.
  • It aims to protect individuals from violations by the state.

Habeas Corpus (Section 15)

  • Habeas Corpus is a legal action requiring a person under arrest to appear before a judge or court.
  • It compels a person holding another to justify their detention in court.
  • The right to Habeas Corpus can only be suspended during invasion or rebellion when public safety demands it.

Speedy Disposition of Cases (Section 16)

  • All individuals have the right to a timely resolution of their cases in judicial, quasi-judicial, or administrative bodies.
  • If the speedy disposition is violated, the aggrieved party can demand dismissal through mandamus.
  • Mandamus is a judicial remedy compelling a lower court, corporation, or government body to perform a specific legal duty.

Right Against Self-Incrimination (Section 17)

  • Individuals cannot be forced to testify against themselves.
  • This right allows a person to refuse to answer questions that might incriminate them.
  • Ways to incriminate oneself include testimony, private letters, and private books.

Prohibition of Involuntary Servitude and Arbitrary Detention (Section 18)

  • No person can be detained solely due to political beliefs or aspirations.
  • Involuntary servitude is prohibited, except as a punishment for a crime.
  • Examples of involuntary servitude include forced labor, ROTC, CWTS
  • These activities are considered duties and responsibilities, not grounds for involuntary service.

Prohibition of Cruel, Degrading Punishments(Section 19)

  • The death penalty should only be imposed for compelling reasons connected to heinous crimes.
  • Death penalties already imposed should be commuted to reclusion.
  • The use of physical, psychological, and degrading punishment against prisoners or detainees is unlawful.
  • Substandard or inadequate penal facilities are prohibited.
  • Punishments must uphold human dignity, not be arbitrary, and be acceptable to contemporary society.

Prohibition of Imprisonment for Non-Payment of Poll Taxes (Section 20)

  • Imprisonment for non-payment of debts or poll taxes is unconstitutional.
  • A person can not be imprisoned for unpaid debts unless a crime like estafa has been committed .

Protection Against Double Jeopardy (Section 21)

  • No one can be tried twice for the same offense.
  • A conviction or acquittal for a crime under a law or ordinance prevents further prosecution for the same crime.
  • Double jeopardy ends when the accused is acquitted or convicted or the charges are dismissed.

Prohibition of Ex Post Facto Laws and Bills of Attainder (Section 22)

  • Ex post facto laws which punish actions that were legal at the time of commission or increase the punishment for a crime are prohibited.
  • Bills of attainder, which punish individuals without a trial, are also prohibited.

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Article 3 Bill of Rights PDF

Description

This quiz explores the key components of the Bill of Rights, including Habeas Corpus, the right to a speedy disposition of cases, and protection against self-incrimination. Test your knowledge on individual rights and their implications in the legal system.

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