Prepared by: Mary Ann vargas

Laws, Rights & Duties

Law is a system of rules that are enforced through social institutions to govern behavior. Laws can be made by a collective legislature or by a single legislator

Law

Different types of Law

Criminal law Civil lawCommon law Statute Law

Law

This is the kind of law that the police enforce. Murder, assault, robbery and rape are all included within the boundaries of criminal law. A good way in which to summarise which offences come under criminal law is 'an offence which is seen as being against everybody, even though it is not'

Criminal law

For example if a car is stolen, then the theft is against the individual, but it threatens all car owners because they might have their car stolen.

Because the view is taken that everybody is threatened by the crime, criminal law is dealt with by the public services and not by private layers or investigators.

Criminal law

Civil law has many different areas enclosed in it.

Examples that come under this law are legal rights, such as a right to an education or to a trade union membership and divorce problems, such as how the furniture is split between the couple and who receives custody of the children. The best way to describe it is that it looks at actions that are not crimes.

Civil Law

In civil law it is up to the individuals to sort out their own problems by going to court themselves, or with a lawyer.

Civil Law

a type of law that is made based on multiple judges' decisions

A common law legal system is characterized by case law developed by judges, courts, and similar tribunals, when giving decisions in individual cases that have precedential effect on future cases.

Common Law

An act of a legislature that declares, proscribes, or commands something; a specific law, expressed in writing.

A statute is a written law passed by a legislature on the state or federal level. Statutes set forth general propositions of law that courts apply to specific situations. A statute may forbid a certain act, direct a certain act, make a declaration, or set forth governmental mechanisms to aid society.

Statute Law

Bill of Rights

Natural-Based on one’s dignity as a human

personConstitutional

- Outlined in a constitution’s bill of rights- cannot be replaced through legislation

Statutory- As provided for by law

Classification of rights

Political rightsThose that pertain to an individual’s participation in government or the political process

Civil rightsBasically refer to rights enjoyed to enabled individuals to undertake the every business of life

“Legal” Rights Rights that apply To individuals when subjected to the law and or legal procedures and process

Civil Rights under Article

III

Right to privacy- Especially with respect to

correspondence

Illegally obtained material as inadmissible evidence

Article III, Section 3

• Freedom of speech

• Right to a free press

• Freedom of assembly

• The right of petition

Article III, Section 4

Limitation to freedom of Speech:1. Anything lewd or obscene2. Anything that provokes

Violence or disorder3. Seditious messages4. “Clear and present danger”

Article III, Section 4

o Freedom of religion

o Corollary: The state has no official religion- The state shall not endorse any

religion/religious preference- Religion shall not be a prerequisite for

political rights

o Affirms the separation of church and state

Article III, Section 5

o Right to travel

Article III, Section 6

Freedom to form association - i.e. the right to organize

So long the association not contary to the law

Article III, Section 8

the right to private property

Explicit limitation to the power of eminent domain

- Public use- Just compensation: fair market

price- Due process of law

Article III, Section 9

oDiscusses the “sanctity” of contacts and obligation

o Laws affecting contracts cannot be applied retroactively

o Aside: All contracts illegal in nature are non-binding

Article III, Section 10

o Rights and duties are two sides of the same coino Rights are guaranteed to us by the Stateo In return we owe certain Fundamental Duties to the Stateo Some important fundamental duties are:

- To respect the Constitution, the National Flag and the National Anthem

- To uphold and protect the sovereignty, unity and integrity of the country

- To defend the country and render national service when called upon to do so

- To protect and improve our national environment including forests, lakes, rivers and wildlife.

Fundamental Duties

Question

1. This kind of law that the police enforce.

a. Criminal lawb. Civil lawc. Common law

a. Criminal law

2. It is a charter of liberties for the individual and a limitation upon the power of the state.

a. Rightsb. Bill of rightsc. Civil rights

b. Bill of rights

3. It is basically refer to rights enjoyed to enabled individuals to undertake the every business to life.

a. Political rightsb. Legal rightsc. Civil rights

c. Civil rights

4. This is the limitation of speech EXCEPT:

a. Right of petitionb. Sedetious messagesc. Anything that provokes violence or disorder

a. Right of petition

5. What article that the state has no official religion. Wherein the state shall not endorse any religion/religious preference.

a. Article III, Section 6b. Article III, Section 5c. Article III, Section 4

b. Article III, Section 5