bill of rights

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Bill of Rights

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Page 1: BILL OF RIGHTS

Bill of Rights

Page 2: BILL OF RIGHTS

It is a set of rights and privileges of the citizens articulated in the constitutions.

It is a protection of the people against the infringement of the government.

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Importance of Bill of RightsIt protects citizen against the

power of government.It outlines what the citizens can

do and cannot do.

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It is a boundary between the government and the people.

It is where the rights and privileges of the individuals are defined.

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Kinds of Rights

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these set of rights are believed to be the rights that are inherently found in the very nature of our existence.

Natural Rights

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rights that are found in the constitution.

Constitutional Rights

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rights granted by statutes or laws that are passed by congress.

Statutory Rights

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these are rights that belong to every individual citizen or to any inhabitant of the state.

Civil Rights

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refer to the right to participate in the administration of the government.

Political Rights

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The constitutional provisions in the bill of rights are composed of 22 sections which can be located in Article III of the constitution.

Constitutional Provisions

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The proper right to invoke whenever confronted with a governmental act of oppressive nature.

Right to Due Process of Law

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Substantive and Procedural Due Process

refers to the intrinsic validity of a law.

Substantive due process

can be simply understood by the phrase notice and hearing.

Procedural due process

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Difference between Judicial Proceedings and Administrative Proceedings

conducted before Courts of JusticeJudicial Proceedings

those heard by bodies, government agencies or offices

Administrative Proceedings

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Right to Equal Protection of the Law

The right to be invoked when threatened by a governmental act which is discriminatory in nature.

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Requirements for a Valid Classification• Substantial Distinctions

• Relevance to the Purpose of Law

• Duration

• Applicability to all

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Rights against Unreasonable Searches and Seizures

The safeguard against state intrusion also extends not only to an individual’s abode but also his own body and his belongings.

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Requirements for a Valid Warrant of Arrest and Search Warrant

• It must be based upon probable cause

• The probable cause must be determined personally by the judge.• The determination must be made after

examination under oath or affirmation of the complainant and the witnesses he may produce.

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• It must particularly describe the place to be searched and the persons or things to be seized.

• No search warrant shall issue for more than one specific offense.

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Warrantless Arrests• In Flagrante Delicto or caught in the act arrest

• In Hot Pursuit

• Escaped Prisoner