Dennis A.

Cea BSM4-2

Answers: 1. The three inherent powers of the state are: (a) Eminent Domain; (b) Police Power and (c) Taxation a. Eminent Domain is the right or the power of the state or of those to whom the power has been lawfully delegated to take (or expropriate) private property for public use upon paying the owner a just compensation to be ascertained according to law. b. Police Power is the power of the state to enact such laws or regulations in relation to persons and property as may promote public health, public morals, public safety, and the general welfare and convenience of the people. c. Taxation is the power of the State to impose charge or burden upon persons, property, or property rights, for the use and support of the government and to enable it to discharge its appropriate functions. 2. Due process of law means deprivation of the life, liberty, or property by the State done (1) under the authority of a law that is valid or of the Constitution itself, and (2) after compliance with fair and reasonable methods of procedure prescribed by law. 3. For a warrant to be valid it must be: a. Issued upon probable cause; b. The probable cause must be determined personally by the judge himself; c. Such determination of the existence of probable cause must be made after examination by the judge of the complainant and the witnesses he may produce; and d. The warrant must particularly describe the place to be searched, and the persons or things to be seized. 4. A peace officer or private person may, without a warrant, arrest a person: a. When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; b. When an offense has just been committed and he has personal knowledge of facts indicating that the person to be arrested has committed it; and c. 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.

5. Search and seizure may be made without warrant if: a. There is consent or waiver; b. Search is an incident to a lawful arrest; c. In case of contraband or forfeited goods being transported by ship, automobile or other vehicle, where the officer making it has reasonable cause for believing that the latter contains them, in view of the difficulty attendant to securing a search warrant; d. Where, without a search, the possession of articles prohibited by law is disclosed to plain view or is open to eye and hand; e. As an incident of inspection, supervision and regulation in the exercise of police power; f. Routinary searches usually made at the border or at ports of entry in the interest of national security and for the proper enforcement of customs and immigration laws. 6. Private property may be validly taken by the State if it will be for public use. Public Use may be identified with whatever is beneficially employed for the community or it will furnish the public with some necessity or convenience. Payment of just compensation, determined by the proper court is necessary to validly take a private property as well as observance of due process of law in taking. 7. Obligation of a contract is impaired when its terms or conditions are changed by law or by a party without the consent of the other, thereby weakening the position or rights of the latter. A law which: a. Takes from a party a right to which he is entitled under the contract; b. Deprives him of the means of enforcing such right; c. Imposes conditions not expressed in the contract, or dispenses with those which are; or d. Diminishes the consideration agreed upon by the parties, as to diminish the value of the contract, is void as impairing the obligation of the contract within the meaning of the Constitution. 8. Any person under criminal investigation for the commission of an offense shall have the right: a. To remain silent; b. To counsel (legal counsel/attendant) c. To be informed of such right to silence and counsel; d. Against the use of force, violence, threat, intimidation, or any other means that vitiates the free will. 9. Bail is the security required by a court a d given for the provisional or temporary release of a person who is in the custody of the law to insure his appearance before any court when required. An accused may be denied the right to bail in the following circumstances: a. When the applicant is not yet in custody of the law because he went into hiding and is at large, and hence, a free man even when he has already been criminally charged in court. b. When one is charged with a capital offense if the evidence of his guilt is strong. The judge however has no authority to deny bail without taking into account the evidence

presented, at the time the accused applied for bail, as to his guilt. There must be a hearing. c. Under the Rules of Court, no bail shall be allowed after the judgement has become final, or after the accused has commenced to serve sentence. 10. Yes, the constitutional right of the accused to be personally present and to be heard in his defense by himself may be waived. Thus trial may proceed notwithstanding the absence of the accused provided that three conditions concur: a. He has been arraigned; b. He has been duly notified of the trial; and c. His failure to appear is unjustified. 11. Writ of habeas corpus is an order issued by a court of competent jurisdiction, directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, and to show sufficient cause for holding in custody the individual so detained. The privilege of the writ of habeas corpus (not the writ itself) may be suspended by the President in case of invasion, insurrection, or rebellion, or imminent danger thereof, when public safety requires it. 12. Right against self-incrimination means that no person shall be compelled to be a witness against himself. This is a protection against self-incrimination which may expose a person to criminal liability. It is founded on grounds of: a. Public policy because if the party is thus required to testify, he would be placed under the strongest temptation to commit the crime of perjury; and b. Humanity, because it prevents the extortion by duress. 13. Double jeopardy of the accused is committed if the following conditions are present: a. He has been previously brought to trial; b. In a court of competent jurisdiction; c. Under valid complaint or information d. He has been arraigned and pleaded (either guilt or not guilty) to the charge; e. He has been convicted or acquitted or the case against him has been dismissed or otherwise terminated without his express consent; and f. He is being charged again for the same offense. 14. An ex post facto law is one which, operating retrospectively a. Makes an act done before the passage of a law, innocent when done, criminal and punishes such act; or b. Aggravates a crime or makes it greater than when it is committed; or c. Changes the punishment and inflicts a greater punishment than when the law annexed to the crime, when committed; or

d. Alters the legal rules of evidence, and receives less or different testimony than the law required at the time if commission of the offense, in order to convict the offender. Ex post facto laws are absolutely prohibited unless they are favorable to the accused. 15. Bill of attainder is a legislative act which inflicts punishment without a judicial trial. If the punishment is less than death, the act is called a bill of pains and penalties. It is included within the meaning of bill of attainder as used in the Constitution.