Constitutional Law 2 -QUIZ I. Three (3) Great Powers of the Government: 1.

Police Power *The most essential, insistent and the least limitable of powers, extending as it does to all the great public needs * The national government, through the legislative department, exercises police power 2. Power of Eminent Domain 3. Power of Taxation Essential Requirements of Procedural Due Process in Courts 1. There must be a court or tribunal clothed with judicial power to hear and determine the matter before it; 2. Jurisdiction must be lawfully acquired over the person of the defendant or over the property which is the subject of the proceedings; 3. the defendant must be given an opportunity to be heard; 4. Judgment must be rendered upon lawful hearing. Essential Requirements of Procedural Due Process before Administrative Agencies 1. The right to a hearing, which includes the right to present ones case and submit evidence in support thereof. 2. The tribunal must consider the evidence presented. 3. The evidence must be substantial. Substantial evidence is reasonable evidence which a reasonable mind might accept as adequate to support a conclusion. 4. The decision must be based on the evidence presented at the hearing or at least contained in the record and disclosed to the parties affected. 5. The tribunal or body or any of its judges must act on its own independent consideration of the law and facts of the controversy and not simply accept the views of a subordinate. 6. The Board or body shall in all controversial questions render its decision in such manner that the parties to the proceeding can know of the various issues involved and the reason for the decision rendered. Essential Requirements of Procedural Due Process in School Proceedings 1.Students must be informed in writing of the nature and cause of any accusation against them. 2. They shall have the right to answer the charges against them, with the assistance of counsel if they so desire. 3. They shall be informed of the evidence against them. 4. They shall have the right to adduce evidence in their own behalf. 5. The evidence should be duly considered by the investigating committee or official designated by the school to hear and decide the case. 6. The penalty imposed must be proportionate to the offense. Requisitessubstantive due process: 1. The interest of the public, generally as distinguished from these of a particular class, require such interference; and, 2. The means are reasonably necessary for the accomplishment of the purpose and not unduly oppressive upon individuals. 3. The law or police measure must be published.

II.

III.

IV.

V.

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OR It must not CONTRAVENE the Constitution or any statute. It must not be UNFAIR or OPPRESSIVE. It must not be PARTIAL or discriminatory. It must not PROHIBIT but may regulate trade. It must be GENERAL and consistent with public policy. It must not be UNREASONABLE.

VI.

Requisites for Reasonable Classification 1. Must rest on substantial distinctions 2. Must be germane to the purpose of the law 3. Must not be limited to existing conditions only 4. Must apply equally to all members of the same class Instances of Violation of Equal Protection 1. Invalid classification 2. Actual denial of equal protection 3. Law creates a system that can foster inequality 4. Law fails to classify

VI.

VII.

Vagueness of a Law *A law is vague as not to satisfy due process when it lacks comprehensible standards that men of common intelligence must necessarily guess as to its meaning and differ as to its application. *It is repugnant to the Constitution in two respects: 1. It violates due process for failure to accord persons, especially the parties targeted by it, fair notice of the conduct to avoid; and 2. It leaves law enforcers unbridled discretion in carrying out its provisions and becomes an arbitrary flexing of the Government muscle. VIII. Essential Requisites of a Valid Warrant 1. It must be issued upon probable cause *Probable cause- means such facts and circumstances antecedent to the issuance of a warrant that are in themselves sufficient to induce a cautious man to rely upon them. 2. Probable cause must be determined personally by a judge 3. Such judge must examine under oath or affirmation the complainant and the witnesses he may produce. 4. The warrant must particularly describe the place to be searched and the person or things to be seized. VIII.Allowable Warrantless Searches 1. Warrantless search incidental to a lawful arrest *Tests for its validity: a. The item to be searched was within the arrestees custody or area of immediate control b. The search was contemporaneous with the arrest 2. Seizure of Evidence in plain view *Requisites for this are the elements of which are: a. A prior valid intrusion in to a place Page 2 of 4

b. The evidence was inadvertently discovered by the police who had the right to be where they are. c. The illegality of the evidence must be immediately apparent d. Noticed without further search 3. Search of a moving vehicle 4. Consented warrantless search *But it must appear that: a. The right exists b. The person involved had knowledge, either actual or constructive, of the existence of that right. c. Said person had an actual intention to relinquish the right 5. Customs search or Seizure of goods concealed to avoid duties 6. Stop and Frisk *Stop and frisk rule- Where a police officer observes unusual conduct which leads him reasonably to conclude in light of his experience that criminal activity may be afoot and that the person with whom he is dealing may be armed and presently dangerous, where in the course if investigation of this behavior he identifies himself as a policeman and makes reasonable inquiries, and where nothing in the initial stages of the encounter serves to dispel his reasonable fear for his own or others safety, he is entitled for the protection of himself and others in the area to conduct a carefully limited search of the outer clothing of such persons in an attempt to discover weapons which might be used to assault him. 7. Exigent and Emergency Circumstances IX. Exceptions to illegal warrantless arrest under Rule 113, Section 5, Rules of Court A peace officer or a private person may, without warrant, arrest a person: 1. When, in his presence, the person to be arrested has committed, is actually committing, or attempting to commit an offense; 2. When an offense has in fact been committed, and he has personal knowledge of facts indicating that the person to be arrested has committed it; and 3. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another. IX. Legal Exceptions to Prior Restraint: 1. Obscenity 2. Seditious speech 3. legal censorship 4. purifying the electoral process 5. when the nation is at war 6. to enforce military discipline

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X.

Standards for Allowable Subsequent Punishment of Expression

1. The dangerous tendency test *dangerous tendency rule- speech may be curtailed or punished when it creates a dangerous tendency which the State has the right to prevent 2. The clear and present danger test * clear and present danger rule-whether the words used are used in such circumstances and are of such nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevail 3. The balancing of interest test *rests on the basis that constitutional freedoms are not absolute and that they may be abridged to some extent to serve appropriate and important interest XI. Governmental Regulation is sufficiently justified if: 1. It is within the constitutional power of the Government 2. It furthers an important or substantial government interest unrelated to the suppression of free expression 3. The incidental restriction on alleged freedom is no greater than is essential to that interest XII. Requisites in order to prove that a statement falls within the purview of a qualified privileged communication: 1. The person who made the communication had a legal, moral, or social duty to make the communication, or at least, had an interest to protect, which interest may either be his own or of the one to whom it is made 2. The communication is addressed to an officer or a board, or superior, having some interest or duty in the matter, and who has the power to furnish the protection sought 3. The statements in the communication are made in good faith and without malice XIII. Test for Obscenity The basic guideline for the trier of facts must be: 1. Whether the average person, applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest 2. Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law 3. Whether the work, taken as a whole lacks serious literary, artistic, political, or scientific value.

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