Understanding the Bill of Rights
33 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

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.

Signup and view all the flashcards

Self-Incrimination

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

Signup and view all the flashcards

Involuntary Restraint

Unlawful imprisonment or detention.

Signup and view all the flashcards

Remedy (for speedy disposition)

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

Signup and view all the flashcards

No compelled testimony against self

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

Signup and view all the flashcards

Bill of Rights

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

Signup and view all the flashcards

Writ

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

Signup and view all the flashcards

Individual's rights

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

Signup and view all the flashcards

Preventing government violations

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

Signup and view all the flashcards

Legal action (writ)

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

Signup and view all the flashcards

Involuntary Servitude

Forced labor as a punishment.

Signup and view all the flashcards

Punishment for Forced Labor

Involuntary servitude is a form of punishment involving forced labor.

Signup and view all the flashcards

ROTC and CWTS

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

Signup and view all the flashcards

Cruel and Unusual Punishment

Treatment that is inhumane and excessive.

Signup and view all the flashcards

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.

Signup and view all the flashcards

Punishment Degradation

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

Signup and view all the flashcards

Arbitrary Punishment

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

Signup and view all the flashcards

Socially Unacceptable Punishment

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

Signup and view all the flashcards

Excessive Punishment

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

Signup and view all the flashcards

Debt Imprisonment

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

Signup and view all the flashcards

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.

Signup and view all the flashcards

Estafa

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

Signup and view all the flashcards

Punishment Proportionality

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

Signup and view all the flashcards

Bad Faith

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

Signup and view all the flashcards

Double Jeopardy

Being prosecuted more than once for the same offense.

Signup and view all the flashcards

When does Double Jeopardy end?

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

Signup and view all the flashcards

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.

Signup and view all the flashcards

Bill of Attainder

A legislative act that inflicts punishment without a judicial trial.

Signup and view all the flashcards

Example of Bill of Attainder

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

Signup and view all the flashcards

What is the purpose of double jeopardy?

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

Signup and view all the flashcards

Why is an Ex-Post Facto Law unfair?

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

Signup and view all the flashcards

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.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

Related Documents

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.

More Like This

Bill of Rights Overview
14 questions
Bill of Rights Definitions Flashcards
8 questions
Use Quizgecko on...
Browser
Browser