HUMAN RIGHTS

1. The rights that involve participation in the

establishment or administration of a government
and are usually held to entitle the adult citizen to
exercise of the franchise, the holding of public
office, and other political activities

a. Political rights
b. Civil rights
c. Economic rights
d. Social rights
 2. ____________guarantees of equal social opportunities
and equal protection under the law, regardless of race,
religion, or other personal characteristics.

a. Political rights
b. Civil rights
c. Economic rights
d. Social rights
3. are human rights that aim at assuring the enjoyment of culture
and its components in conditions of equality, human dignity and
non-discrimination.

a. Political rights
b. Civil rights
c. Economic rights
d. Cultural rights
4. _____ are those rights that guarantee people’s
economic security. These enable all citizens to
successfully exercise their civil and political rights. Basic
needs for everyone include things like food, clothing,
housing, healthcare, and so on.

a. Political rights
b. Civil rights
c. Economic rights
d. Cultural rights
5. __________ are those that are not dependent on the
laws, customs, or beliefs of any particular culture or
government, and are therefore universal and inalienable

a.Natural rights
b.Constitutional rights
c.Civil rights
d.Statutory rights
6. _____A liberty or right whose protection from
governmental interference is guaranteed by a
constitution. See also bill of attainder, contracts clause,
due process, equal protection, ex post facto law,
freedom of contract, overbreadth, search, and self-
incrimination (privilege against).

a.Natural rights
b.Constitutional rights
c.Civil rights
d.Statutory rights
7. _______ are an individual’s legal rights, given to
him or her by the local and national ruling
government. These are generally designed to
protect citizens.

a.Natural rights
b.Constitutional rights
c.Civil rights
d.Statutory rights
8. are rights inherent to all human beings, regardless of
race, sex, nationality, ethnicity, language, religion, or
any other status. Human rights include the right to life and
liberty, freedom from slavery and torture, freedom of
opinion and expression, the right to work and education,
and many more.

a. Human rights
b. Bill of rights
c. Statutory rights
d.Civil rights
9. An obvious guaranteed right just by the fact
that one is a human being and not a right
granted pursuant to another outside means or
source.

a.Fundamental rights
b.Inalienable rights
c.Inherent rights
d.Imprescriptible rights
10. are a group of rights that have been
recognized by the Supreme Court as
requiring a high degree of protection from
government encroachment.

a.Fundamental rights
b.Inalienable rights
c.Inherent rights
d.Imprescriptible rights
11. Personal rights held by an individual which are
not bestowed by law, custom, or belief, and which
cannot be taken or given away, or transferred to
another person, are referred to as _____________

a.Fundamental rights
b.Inalienable rights
c.Inherent rights
d.Imprescriptible rights
12. Such rights as a person may use or not, at
pleasure, since they cannot be lost to him by the
claims of another founded on prescription .

a.Fundamental rights
b.Inalienable rights
c.Inherent rights
d.Imprescriptible rights
13. This means that one set of rights cannot be
enjoyed fully without the other. For example, making
progress in civil and political rights makes it easier to
exercise economic, social and cultural rights.

a.Interdependent rights
b.Universal rights
c.Invisible rights
d.Individual rights
14. Human rights are _______ in application
and they apply irrespective of one’s origin,
status, or condition or place where one
lives.

a.Interdependent rights
b.Universal rights
c.Invisible rights
d.Individual rights
15. Human rights are not capable of being
divided. They cannot be denied even when
other rights have already been enjoyed.

a.Interdependent rights
b.Universal rights
c.Invisible rights
d.Individual rights
16. looks into the religion and seeks to understand
what it means to believers within its own terms, and
how that system works as a rational worldview to
those within it.

a.Natural law theory

b.Positivist theory
c.Religious theory
d.Sociological approach
17. is a theory in ethics and philosophy that says that human
beings possess intrinsic values that govern our reasoning
and behavior. Natural law maintains that these rules of right
and wrong are inherent in people and are not created by
society or court judges.

a. Natural law theory

b.Positivist theory
c. Religious theory
d.Sociological approach
18. is a philosophical theory stating that certain
("positive") knowledge is based on natural
phenomena and their properties and relations. Thus,
information derived from sensory experience, interpreted
through reason and logic, forms the exclusive source of all
certain knowledge.

a. Natural law theory

b.Positivist theory
c. Religious theory
d.Sociological approach
19. refers to using theory and experience to go beyond
everyday understandings of people and situations.
Sociologists study a range of subjects, and they have to
make sure what they're saying goes beyond 'common
sense’.

a. Natural law theory

b.Positivist theory
c. Religious theory
d.Sociological approach
20. ethical theory that says that the right thing to do in
any situation is whatever will “do the most good” (that is,
whatever will produce the best outcomes) taking into
consideration the interests of all concerned parties.

a. Theories of justice
b.Utilitarian theory
c. Theory of Marxism
d.Theory based on equality
21. is a social, economic, and political theory that
examines the causes and effects of capitalism and
promotes communism as an alternative.

a.Theories of justice
b.Utilitarian theory
c.Theory of Marxism
d.Theory based on equality
22. is based on the idea that individuals are motivated by
fairness. In simple terms, it states that if an individual
identifies an inequity between themselves and a peer, they
will adjust the work they do to make the situation fair in their
eyes.

a.Theories of justice
b.Utilitarian theory
c.Theory of Marxism
d.Theory based on equality
23. Refers to the method or manner by which the law is
enforced.

a. Due process of law

b. Substantive due process
c. Procedural due process
d. Equal protection of law
24. is a doctrine that not only checks if there is a
law to deprive the life and personal liberty of a
person but also ensures that the law is made fair
and just.

a. Due process of law

b. Substantive due process
c. Procedural due process
d. Equal protection of law
25. refers to the constitutional requirement that when the
federal government acts in such a way that denies a citizen
of a life, liberty, or property interest, the person must be
given notice, the opportunity to be heard, and a decision
by a neutral decision-maker.

a. Due process of law

b. Substantive due process
c. Procedural due process
d. Equal protection of law
26. The equal protection of the law clause is against
undue favor and individual or class privilege, as well as
hostile discrimination or the oppression of inequality.

a. Due process of law

b. Substantive due process
c. Procedural due process
d. Equal protection of law
27. prior to any questioning during custodial
investigation, the person must be warned that he has a
right to remain silent, that any statement he gives may be
used as evidence against him, and that he has the right to the
presence of an attorney, either retained or appointed.

a. Plain view doctrine

b.Exclusionary rule
c. Miranda doctrine
d.Silver platter/plate doctrine
28. is a rule of criminal procedure which allows
an officer to seize evidence of a crime
without a warrant when the evidence is
clearly visible.

a.Plain view doctrine

b.Exclusionary rule
c.Miranda doctrine
d.Silver platter/plate doctrine
29. which primarily serves to protect the
constitutional rights of the accused, though
not to the extent that justice cannot be
served.

a.Plain view doctrine

b.Exclusionary rule
c.Miranda doctrine
d.Silver platter/plate doctrine
30. is an old legal doctrine on the issue of when
evidence can be used in court even if it has been
found in an illegal search or seizure.

a.Plain view doctrine

b.Exclusionary rule
c.Miranda doctrine
d.Silver platter/plate doctrine
31. includes the right to choose one's
residence to leave it whenever one pleases,
within the. limits prescribed by law, to travel
where one wills, and to. return to his place of
residence, except in the interest of. national
security, public safety, and health.

a.Liberty of abode
b.Dwelling
c.Home
d.house
32. the right of a government or its agent to
expropriate private property for public use,
with payment of compensation.

a.State power
b.Police power
c.Eminent domain
d.Power taxation
33. police power is the capacity of the states to
regulate behavior and enforce order within their
territory for the betterment of the health, safety,
morals, and general welfare of their inhabitants.

a.State power
b.Police power
c.Eminent domain
d.Power taxation
34. It is the power by which the State exacts enforced
proportional contribution from the people, property and
exercise of a right within its territory to raise revenue for the
purpose of defraying the necessary expenses of the
government.

a. State power
b.Police power
c. Eminent domain
d.Power taxation
35. is anything that diminishes the efficacy of the
contract. There is an impairment if a subsequent law
changes the terms of a contract between the parties,
imposes new conditions, dispenses with those agreed upon
or withdraws remedies for the enforcement of the rights of
the parties.

a. Impairment of contract
b.Infringement of contract
c. Dissolution of contract
d.Enforcement of contract
36. is a principle that states the prosecution
must prove guilt, and the accused is
considered innocent until proven otherwise.

a.Presumption of guilt
b.Right to remain silent
c.Right against self-incrimination
d.Presumption of innocence
37. is any presumption within the criminal justice
system that a person is guilty of a crime, for
example a presumption that a suspect is guilty unless
or until proven to be innocent.

a.Presumption of guilt
b.Right to remain silent
c.Right against self-incrimination
d.Presumption of innocence
38. is for people to be free from government
(police) questioning. Never answer questions from
police unless the question is to identify yourself.

a.Presumption of guilt
b.Right to remain silent
c.Right against self-incrimination
d.Presumption of innocence
39. is sometimes referred to as the right to remain silent. It
affords defendants the right not to answer particular
questions during a criminal trial or to refuse to take the
witness stand altogether.

a. Presumption of guilt
b.Right to remain silent
c. Right against self-incrimination
d.Presumption of innocence
40. when the offense charged is not punishable by
death, reclusion perpetua or life imprisonment.

a.Bail a matter of discretion

b.Bail is obligatory
c.Bail is compulsory
d.Bail a matter of right
41. Upon conviction by the RTC of an offense not
punishable by death, reclusion perpetua, or life
imprisonment.

a.Bail a matter of discretion

b.Bail is obligatory
c.Bail is compulsory
d.Bail a matter of right
42.Who are not entitled to bail?

A. Members of the AFP

B. Members of the PNP
C. Members of the BJMP
D. Members of the PDEA
43. When may trial in absentia proceed?

A. Accused has been validly arraigned

B. Accused has been duely notified of the dates of
hearing
C. Failure to appear is unjustified
D. All of them
44. The privilege of the writ be suspended
in cases of

A. Rebellion
B. Rape
C. Illegal detention
D. Robbery
45. The privilege of the writ may be
suspended by the-

A. Court
B. Chief of police
C. Congress
D. President
45.
“WHAT IS Due Process of Law”
“Due Process of Law” is a doctrine that not
only checks if there is a law to deprive the
life and personal liberty of a person but
also ensures that the law is made fair and
just.

Due process is a requirement that

legal matters be resolved according
to established rules and principles,
and that individuals be treated fairly.
Due process applies to both civil and
criminal matters.
WHAT IS equal protection of the law

A good equal protection of the law

definition boils down to individual-regarding
equality, which is a broad term that refers to
an egalitarian society where all people are
treated equally, regardless of: 1. Color 2. Race
3. Cred 4. Sexual orientation 5. Gender
CONCEPT OF Equal protection of the laws

“No state shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States; nor shall any
state deprive any person of life, liberty, or property, without due
process of law; nor deny to any person within its jurisdiction
the equal protection of the laws.”

The phrase equal protections of the law, commonly referred to as the

Equal Protection Clause, proclaims that no state government can
pass laws that unfairly discriminate against anyone for any reason.
There are two important limitations to equal protection of the laws.
First, it only applies to legislation at the state level. Second, it grants
protection only from the government and form not private
organizations, such as businesses or private schools.
Right Against Unreasonable Search And
Seizure –

When a law enforcement officer violates a

citizen’s Constitutional rights under the
Fourth Amendment by conducting an illegal
search or seizure, evidence obtained during
that search or seizure can potentially be
inadmissible in court.
What Is An Arrest Warrant?
An arrest warrant is a legal document that allows the
police to arrest suspects in a criminal investigation.
Only a judge or a grand jury can issue an arrest warrant.
Arrest warrants must be supported by probable cause for
them to be valid.
What Is A Search Warrant?
A search warrant is a legal document approved by a judge. The search
warrant gives the police the authority to search a specific location for
evidence connected to a crime. To obtain a search warrant, the police will
need to justify the purpose of the search. In addition, there is a time limit
in which law enforcement officers must execute a search warrant.
Requisites For Issuing A Search Warrant

1. There must be probable cause

2. Which must be determined personally by the judge
3. Upon personal examination in writing and under oath of the
complainant and his ...
4. The probable cause must be in connection with one specific
offense
5. Particularly describing the place to be searched and the items
to be seized
The term “probable cause” refers to the right that a police
officer has to make an arrest, search a person or his
property, or obtain a warrant. Probable cause requires that
facts and evidence presented in a case are of the type that
would lead any reasonable person to believe that the suspect
had committed a crime.
•Eminent Domain Definition

is a constitutional right
that allows the federal, state,
provincial, or municipal
government to seize private
land or property for public
purposes without the owner’s
consent. The owner receives
just compensation, i.e., the fair
market value of the property in
return.
MIRANDA RIGHTS

•Anything you say can be used against you in a court of law;

•You have the right to an attorney and have him present during the
interrogation;
•If you cannot afford a lawyer, one will be appointed to you free of charge;
•You can waive your right to be silent before or during an interrogation, and if
you do so, the interrogation must be halted;
•You can invoke your right to have an attorney present, and until he is present,
the interrogation must be halted.
RIGHTS THAT MAY BE WAIVED

Suspects can waive their right to remain silent or their right to an

attorney either expressly or implicitly.
•WHAT IS MEANT BY BAIL?

Bail is a set of pre-trial restrictions

that are imposed on a suspect to
ensure that they will not hamper the
judicial process.

Bail is the conditional release of a

defendant with the promise to
appear in court when required. In
some countries, especially the United
States, bail usually implies a bail
bond, a deposit of money or some
form of property to the court by the
suspect in return for the release from
pre-trial detention.
when is bail a matter of right?

Bail may be a matter of right or judicial discretion. Before conviction

by the trial court, the accused has the right to bail if the offense
charged is not punishable by death, reclusion perpetua or life
imprisonment.
when is bail a matter of discretion?

when discretionary. – Upon conviction by the Regional Trial Court

of an offense not punishable by death, reclusion perpetua, or life
imprisonment, admission to bail is discretionary.
when shall bail be denied?

1. When the Applicant Has Repeat Offences

2. When the Applicant Is a Threat to Society
3. When the Applicant Is a Dangerous Criminal
4. When the Applicant Is a Flight Risk
5. When the Applicant Does Not Adhere To Court Dates
6. When the Applicant Is Disrespectful In the Court
The presumption of innocence

is a legal principle that every person accused of any crime is

considered innocent until proven guilty. Under the presumption of
innocence, the legal burden of proof is thus on the prosecution, which
must present compelling evidence to the trier of fact (a judge or a jury).

That in all criminal prosecutions the accused shall enjoy

the right to be heard by himself and counsel, to demand the nature
and cause of the accusation against him, to have a speedy and public
trial, to meet the witnesses face to face, and to have compulsory
process to compel the attendance of witnesses in his behalf.
Right to be informed of the nature and cause of accusation
speedy trial n. in criminal prosecutions,

- the right of a defendant to

demand a trial within a short time since to
be held in jail without trial is a violation of
the "due process"
IMPARTIAL TRIAL

-A trial conducted by a judge in an impartial way is said

to be a Fair Trial. The question of whether a trial is fair or not
depends upon the procedure as laid down by the Code of
Criminal Procedure, 1973 and the prevailing system of criminal
justice.
Why must your trial take place in public?

According to the Sixth Amendment, members of the public and

members of the press must have the opportunity to attend the trial and
to then report what they have seen. This requires that the trial be held
in a public place and that spectators be allowed. However, this does not
mean that trials must be easily accessible to the public.

Ensuring a fair trial. Public trials allow the general public to see
that the justice system is functioning properly and treating defendants
fairly. Holding the criminal justice system accountable. The presence of
interested spectators is thought to keep the judge, jury, and courtroom
staff mindful of their responsibilities and actions.
A writ of habeas corpus—

which literally means to “produce the body”—is an

order issued by a court of law to a prison warden or law
enforcement agency holding an individual in custody. It
requires that they deliver that prisoner to the court so a
judge can decide whether that prisoner had been
lawfully imprisoned and, if not, whether they should be
released from custody.
The Privilege of the Writ of Habeas Corpus.

The Right of Habeas Corpus is derived from the Latin meaning

“you have the body.”. The meaning according to the U.S. Constitution is
the right of any person to question their incarceration before a
judge.
The right against self-incrimination

The right against self-incrimination includes the right to refuse to

take the witness stand and the right to refuse to answer an
incriminatory question.

Involuntary Servitude Slavery; the condition of an individual who

works for another individual against his or her will as a result of force,
coercion, or imprisonment, regardless of whether the individual is
paid for the labor.
When is a penalty cruel and inhuman?

If it involves torture or lingering suffering

WHAT IS DOUBLE JEOPARDY?

In jurisprudence, double jeopardy is a procedural defence (primarily in

common law jurisdictions) that prevents an accused person from being
tried again on the same (or similar) charges following an acquittal or
conviction and in rare cases prosecutorial and/or judge misconduct in
the same jurisdiction.