CRIMINAL LAW

1.). What is due process.

*. Due process is a requirement that the legal matters be resolve according to

stablished rules and principles and that individual be treated fairly due process
applied to both civil and criminal matters. Due process has two types, the
procedural and substantive due process.

2.) What is substantive due process.

* Substantive due process asks the question of whether the government's

deprivation of a person's life, liberty or property is justified by a sufficient purpose.
Procedural due process, by contrast, asks whether the government has followed the
proper procedures when it takes away life, liberty or property.

3.) What is procedural due process.

* Procedural due process is a legal doctrine in the United States that requires
government officials to follow fair procedures before depriving a person of life,
liberty, or property. When the government seeks to deprive a person of one of
those interests, procedural due process requires at least for the government to
afford the person notice, an opportunity to be heard, and a decision made by a
neutral decision-maker.

4.) What is equal protection.

* Overview. Equal Protection refers to the idea that a governmental body may
not deny people equal protection of its governing laws. The governing body state
must treat an individual in the same manner as others in similar conditions and
circumstances.

5.) What is an ex post facto law.

*In a legal context, ex post facto is most typically used to refer to a criminal
statute that punishes actions retroactively, thereby criminalizing conduct that was
legal when originally performed. Two clauses in the United States Constitution
prohibit ex post facto laws

6.) What is bill of attainment,

*A bill of attainder was a legislative act that singled out. one or more persons
and imposed punishment on. them, without benefit of trial. Such actions were.
regarded as odious by the framers of the Constitution.

7.) What are the 3 characteristics of criminal law, discuss each.

* the 3 Characteristics of Criminal law is the Generality, territoriality, and

prospectively. Generally means that the criminal law of the country governs all
person who leaves our sojourns in the Philippines (article 3 NCC) subject to certain
exception brought about by international agreement. Territoriality means they the
penal laws of the country have force and effect only within the national territory of
the Philippines subject to certain exception brought about by international
agreement and practice. The territory of the country is not limited to the land where
it's sovereignty resides but includes also it's atmosphere. Prospectively means that
the law acts or omission will only be subject to a penal laws if they are committed
after penal laws had already taken affect.

8.) What is the law on preferential application.

*The laws of preferential application and those provided for treaties shall
serve as exceptions to the generality principle. An example of a law of preferential
application is Republic Act No. 75 which provides immunity for accredited foreign
diplomatic and consular representatives

9.) Discuss the presidents from suit.

*The concept of presidential immunity from suit is rooted in the nature of the
office of the President, in his power of control over the Executive branch, and in
ordinary legislation. First, the 1987 Constitution does not state that the President is
immune from suit.

10.) Who are immune from suit.

* The President is immune from suit during his tenure

11.) What is an amendment.

*amendment, in government and law, an addition or alteration made to a

constitution, statute, or legislative bill or resolution.

12.) What is the effect of unaammendment.

* it allows laws and policies to be refined over time rather than replaced
outright. Local state, and federal laws can be change through the ratification of
amendments.

13.) Differentiate amendment from repel.

*Amendments are used when a portion of an act is repealed or re- inactment

ther is no real distinction between them. Will the Repel is that the term used when
the inter act is abrogated.

14.) What are the different effects of repel on criminal laws.

* A repeal is absolute or total when the crime punished under the repealed
law has been decriminalized by the repeal. Because of the repeal, the act or
omission which used to be a crime is no longer a crime.

15.) What is a self repelling law.

* Where an act expires by its own limitation, the effect is the same as though
it had been repealed at the time of its expiration.

16.) Discuss the construction of penal laws.

* Penal laws Are to be constructed. Strictly against the state and Liberty in
favor of the accused Application in case it is a well-entrenched rule that penal
laws are to be construed strictly against the State and liberally in favor of the
accused.
 * No person should be brought within the terms of criminal statues who is
not clearly within them.