G10 4Q CI: Bill of Rights

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.

due process

- Procedural due process

- Substantive due process

2 Aspects of due process law

Procedural due process

it is a kind of due process with a method or manner by which the law is enforced

Substantive due process

it is a kind of due process wherein the law itself is fair, reasonable and just

Equal protection of the law

all persons under like circumstances and conditions, both in the privileges conferred and liabilities imposed, should be treated alike

Section 2

The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, and no search warrant or warrant of arrest shall issue except upon probable cause

Probable cause

such facts and circumstances sufficient to induce a cautious man to believe that a crime might have been committed.

Search warrant

an order in writing issued by the court commanding a peace officer to search for certain personal property

Warrant of arrest

an order in writing issued by the court commanding a peace officer to arrest a person

Section 3

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

Private communication

refers to communication between individuals that is intended to be private such as conversations between two people or messages sent between individuals.

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.

Clear and present danger rule

Exception to section 4

Clear and present danger

abridgment of the liberty can be justified only where there exists substantial danger that the speech will likely lead to an evil which the government has the right to prevent

Libel

a public and malicious imputation of a crime or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of the dead.

Slander

it is a type of libel committed by oral (spoken) means instead of in writing. It is defined as "the speaking of base and defamatory words that tend to prejudice another in his reputation, office, trade, business or means of livelihood."

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.

Religious Freedom

right to worship and to entertain such religious views without dictation or interference by any person

- Freedom to believe (absolute)

- Freedom to act in accordance with such belief (limited)

2 Elements of Religious Profession and Worship

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.

Section 7

The right of the people to information on matters of public concern shall be recognized. Access to official records and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as a basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law

Section 8

The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged

Section 9

Private property shall not be taken for public use without just compensation

Section 10

No law impairing the obligation of contracts shall be passed.

Contract

is a legally binding agreement between two or more parties. For it to be valid, it must have the following three essential elements: consent, object, and cause.

- consent

- object

- cause

3 Elements of a Clause

Obligation of a contract

is the law that binds the parties to perform their agreement according to its terms, provided it is not contrary to law, morals, good customs, public order or public policy.

Purpose of non-impairment

is to protect the creditors, to assure fulfillment of lawful promises. Business problems would arise if contracts are not stable and binding