THE TEXAS CONSTITUTION ARTICLE 1. BILL OF RIGHTSTHE TEXAS CO.docxarnoldmeredith47041
THE TEXAS CONSTITUTION ARTICLE 1. BILL OF RIGHTS
THE TEXAS CONSTITUTION
ARTICLE 1. BILL OF RIGHTS
Sec. 1. FREEDOM AND SOVEREIGNTY OF STATE. Texas is a free and independent State, subject only to the Constitution of the United States, and the maintenance of our free institutions and the perpetuity of the Union depend upon the preservation of the right of local self-government, unimpaired to all the States.
Sec. 2. INHERENT POLITICAL POWER; REPUBLICAN FORM OF GOVERNMENT. All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient.
Sec. 3. EQUAL RIGHTS. All free men, when they form a social compact, have equal rights, and no man, or set of men, is entitled to exclusive separate public emoluments, or privileges, but in consideration of public services.
Sec. 3a. EQUALITY UNDER THE LAW. Equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin. This amendment is self-operative. (Added Nov. 7, 1972.)
Sec. 4. RELIGIOUS TESTS. No religious test shall ever be required as a qualification to any office, or public trust, in this State; nor shall any one be excluded from holding office on account of his religious sentiments, provided he acknowledge the existence of a Supreme Being.
Sec. 5. WITNESSES NOT DISQUALIFIED BY RELIGIOUS BELIEFS; OATHS AND AFFIRMATIONS. No person shall be disqualified to give evidence in any of the Courts of this State on account of his religious opinions, or for the want of any religious belief, but all oaths or affirmations shall be administered in the mode most binding upon the conscience, and shall be taken subject to the pains and penalties of perjury.
Sec. 6. FREEDOM OF WORSHIP. All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences. No man shall be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent. No human authority ought, in any case whatever, to control or interfere with the rights of conscience in matters of religion, and no preference shall ever be given by law to any religious society or mode of worship. But it shall be the duty of the Legislature to pass such laws as may be necessary to protect equally every religious denomination in the peaceable enjoyment of its own mode of public worship.
Sec. 7. APPROPRIATIONS FOR SECTARIAN PURPOSES. No money shall be appropriated, or drawn from the Treasury for the benefit of any sect, or religious society, theological or religious seminary; nor shall property belonging to the State be appropriated for any such purposes.
Sec. 8.
Criminal Procedure Code 1898, { Arrest -Warrant and Mode of Production}ShahMuhammad55
Notes for students of LL.B. Part III, year 2016.
Particular hoping they will have brilliant marks after studying these notes.
Wish you all best of luck. SM ZarKOON.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
THE TEXAS CONSTITUTION ARTICLE 1. BILL OF RIGHTSTHE TEXAS CO.docxarnoldmeredith47041
THE TEXAS CONSTITUTION ARTICLE 1. BILL OF RIGHTS
THE TEXAS CONSTITUTION
ARTICLE 1. BILL OF RIGHTS
Sec. 1. FREEDOM AND SOVEREIGNTY OF STATE. Texas is a free and independent State, subject only to the Constitution of the United States, and the maintenance of our free institutions and the perpetuity of the Union depend upon the preservation of the right of local self-government, unimpaired to all the States.
Sec. 2. INHERENT POLITICAL POWER; REPUBLICAN FORM OF GOVERNMENT. All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient.
Sec. 3. EQUAL RIGHTS. All free men, when they form a social compact, have equal rights, and no man, or set of men, is entitled to exclusive separate public emoluments, or privileges, but in consideration of public services.
Sec. 3a. EQUALITY UNDER THE LAW. Equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin. This amendment is self-operative. (Added Nov. 7, 1972.)
Sec. 4. RELIGIOUS TESTS. No religious test shall ever be required as a qualification to any office, or public trust, in this State; nor shall any one be excluded from holding office on account of his religious sentiments, provided he acknowledge the existence of a Supreme Being.
Sec. 5. WITNESSES NOT DISQUALIFIED BY RELIGIOUS BELIEFS; OATHS AND AFFIRMATIONS. No person shall be disqualified to give evidence in any of the Courts of this State on account of his religious opinions, or for the want of any religious belief, but all oaths or affirmations shall be administered in the mode most binding upon the conscience, and shall be taken subject to the pains and penalties of perjury.
Sec. 6. FREEDOM OF WORSHIP. All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences. No man shall be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent. No human authority ought, in any case whatever, to control or interfere with the rights of conscience in matters of religion, and no preference shall ever be given by law to any religious society or mode of worship. But it shall be the duty of the Legislature to pass such laws as may be necessary to protect equally every religious denomination in the peaceable enjoyment of its own mode of public worship.
Sec. 7. APPROPRIATIONS FOR SECTARIAN PURPOSES. No money shall be appropriated, or drawn from the Treasury for the benefit of any sect, or religious society, theological or religious seminary; nor shall property belonging to the State be appropriated for any such purposes.
Sec. 8.
Criminal Procedure Code 1898, { Arrest -Warrant and Mode of Production}ShahMuhammad55
Notes for students of LL.B. Part III, year 2016.
Particular hoping they will have brilliant marks after studying these notes.
Wish you all best of luck. SM ZarKOON.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
2. Basis
Article 3, (Bill of Rights)
Section 2. The right of the people to be secure
in their persons, houses, papers, and effects
against unreasonable searches and seizures of
whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of
arrest shall issue except upon probable cause
to be determined personally by the judge after
examination under oath or affirmation of the
complainant and the witnesses he may
produce, and particularly describing the place
to be searched and the persons or things to be
seized.
U.S. Constitution – Fourth Amendment
The right of the people to be secure in their
persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not
be violated, and no warrants shall issue, but
upon probable cause, supported by oath or
affirmation, and particularly describing the
place to be searched, and the persons or things
to be seized.
3. Every man’s house is his castle.
Semayne's Case (January 1, 1604) 5 Coke Rep. 91
“In all cases when the King is party, the sheriff may break the party's house,
either to arrest him, or to do other execution of the K[ing]'s process, if
otherwise he cannot enter. But before he breaks it, he ought to signify the
cause of his coming, and to make request to open doors.”
“the house of every one is to him as his castle and
fortress, as well for his defence against injury and
violence as for his repose.”
William Pitt (1763)
The poorest man may, in his cottage, bid defiance to all the force of
the Crown. It may be frail----its roof may shake---- the wind may
blow through it----the storm may enter, the rain may enter---- but
the King of England cannot enter----all his force dares not cross the
threshold of the ruined tenement.
4. What is a
SEARCH WARRANT?
A search warrant is an order in writing, issued in the
name of the People of the Philippine Islands, signed by
a judge or a justice of the peace, and directed to a
peace officer, commanding him to search for personal
property and bring it before the court. [Alvarez vs.
Court of First Instance of Tayabas, G.R. No. 45358, 29
January 1937]
5. WHAT ARE THE REQUISITES OF A VALID
SEARCH WARRANT?
1. There must be PROBABLE CAUSE.
2. The probable cause must be determined personally by a judge;
3. It must be issued after examination, under oath or affirmation, of the complainant and the
witnesses he may produce;
4. The warrant must particularly describe the place to be searched and the persons or things to be
seized.
6. What the heck is ‘Probable Cause’?
“More than a hunch but less
than the burden of truth”
“refers to such facts and circumstances which would lead a
reasonably discreet and prudent man to believe that an offense
has been committed and that the objects sought in connection
with the offense are in the place sought to be searched.”
Search Warrant, Warrant of Arrest, Criminal Information, Warrantless Searches
7. WHERE TO FILE AN APPLICATION FOR
A SEARCH WARRANT?
General Rule: (a) Any court within whose territorial jurisdiction a crime was committed.
Exception: (b) For compelling reasons stated in the application, any court within the judicial
region where the crime was committed if the place of the commission of the crime is known, or
any court within the judicial region where the warrant shall be enforced.
Exception to the Exception: However, if the criminal action has already been filed, the application
shall only be made in the court where the criminal action is pending.
8. RULE 3, Section 2, AM No. 21-06-08-SC
“Sec. 2. Search Warrants in Special Criminal Cases by Executive Judges of Regional Trial
Courts. ---for search warrants involving: heinous crimes, illegal gambling, illegal possession of firearms
firearms and ammunitions, as well as violations of the Comprehensive Drugs Act of 2002, the Anti-
Money Laundering Act of 2001, the Customs Modernization and Tariff Act, and other relevant laws that
may later be enacted by Congress and included in these Rules by the Supreme Court.
Rule: Where to file: RTC Executive Judge sala, if on-leave or not physically present,
Executive Judge of RTC within their judicial regions.
Sec. 3. – if Judge finds probable cause, issue search warrant which includes an order requiring
requiring the use of at least one body-worn camera and one alternative recording device, or a
minimum of two devices.
IMPORTANT UPDATES:
A.M. No. 21-06-08-SC, June 29, 2021
9. IMPORTANT UPDATES:
A.M. No. 21-06-08-SC, June 29, 2021
Applicants for the search warrant shall indicate the availability or unavailability of the body cameras. In
case of unavailability, request for the use of alternative recording devices.
The cameras’ video and audio recording functions shall be activated as soon as the law enforcers arrive
at the place to be searched.
It shall be deactivated only upon reaching the police station.
In both instances, the high court said the recordings shall be stored in an external media storage and
simultaneously deposited in a sealed package with the issuing court.
It will be accompanied by an affidavit detailing the date, time, place of recording, and other
circumstances surrounding the implementation of either the arrest warrants or search warrants.
10. Other Rules & Related Principles
Sec. 5. Examination of Complainant; record.
Sec. 6. Issuance and Form
Sec. 7. Right to break door or window to effect search.
KNOCK-AND-ANNOUNCE PRINCIPLE The officer, if refused admittance to the place of directed
search after giving notice of his purpose and authority, may break open any outer or inner door or
window of a house or any part of a house or anything therein to execute the warrant to liberate
himself or any person lawfully aiding him when unlawfully detained therein.
11. Other Rules & Related Principles
Sec. 8. Search of house, room, or premises to be made in presence of two witnesses.
No search of a house, room, or any other premises shall be made except in the presence of the
lawful occupant thereof or any member of his family or in the absence of the latter, two witnesses of
sufficient age and discretion residing in the same locality.
Sec. 9. Time of making the search.
General Rule: Day time. Exception: If judge directs any time.
Sec. 10. Validity of Search Warrant.
Valid for 10 days from date issued. After that, void.
12. Other Rules & Related Principles
Sec. 11. Receipt for the property seized.
The officer seizing the property under the warrant must give a detailed receipt for the same to the
lawful occupant of the premises in whose presence the search and seizure were made, or in the
absence of such occupant, must, in the presence of at least two witnesses of sufficient age and
discretion residing in the same locality, leave a receipt in the place in which he found the seized
property.
Sec. 12. Delivery of property and inventory thereof to court; return and proceedings thereon.
-after 10 days, judge will look for return. Logbook return.
-effect if no return was made: contempt of court
13. VALID WARRANTLESS SEARCH?
1. Search Incidental To A Lawful Arrest (Sec. 13, Rule 126)
2. PLAIN VIEW DOCTRINE (Rule 113, Sec. 5)
3. Valid Waiver of The Right
- Must be genuine and sincere. The one waiving must understand the full consequences of
his waiver because it might violate a person’s right not just to privacy but his right to remain
silent or right against self-incrimination.
Aniag, Jr. v. Commission on Elections, 307 Phil. 437 (1994) [Per J. Bellosillo, En Banc].
SC: “In the face of fourteen (14) armed policemen conducting the operation, driver Arellano
being alone and a mere employee of petitioner could not have marshalled the strength and the courage
to protest against the extensive search conducted in the vehicle. In such scenario, the "implied
acquiescence," if there was any, could not be more than a mere passive conformity on Arellano's part to
the search, and "consent" given under intimidating or coercive circumstances is no consent within the
purview of the constitutional guaranty.”
14. VALID WARRANTLESS SEARCH?
4. Stop-and-Frisk Situations
Terry v. Ohio, 392 U.S. 1 (1968) probable cause again. borne from training or experience in
police work.
Terry Search has been defined as the right of a police officer to stop a citizen on the street,
interrogate him and pat him for weapons whenever he observes unusual conduct which leads him
to conclude that criminal activity may be afoot.
People v. Mengote, G.R. No. 87059 June 22, 1992
At the time of the arrest in question, the accused-appellant was merely "looking from side to side" and "holding his
abdomen," according to the arresting officers themselves. There was apparently no offense that had just been committed or was being
actually committed or at least being attempted by Mengote in their presence.
These are certainly not sinister acts. And the setting of the arrest made them less so, if at all. It might have been different if
Mengote bad been apprehended at an ungodly hour and in a place where he had no reason to be, like a darkened alley at 3 o'clock
in the morning. But he was arrested at 11:30 in the morning and in a crowded street shortly after alighting from a passenger jeep with
his companion. He was not skulking in the shadows but walking in the clear light of day. There was nothing clandestine about his
being on that street at that busy hour in the blaze of the noonday sun.
15. VALID WARRANTLESS SEARCH?
5. Search of a Moving Vehicle
For as long as the vehicle is neither searched nor its occupants subjected to a body search, and
the inspection of the vehicle is limited to a visual search, said routine checks cannot be regarded as
violative of an individual’s right against unreasonable search. [Valmonte v. General de Villa, G.R. No.
83988, 24 May 1990]
Checkpoints vs. General Stops
6. Exigent and Emergency Circumstances
In times of war and within military operations, airports, schools, etc. where there is less
expectation of privacy.
16. FAQs
ARTICLE III, SECTION 3, 1987 CONSTITUTION
(2) Any evidence obtained in violation of [the right against unreasonable searches and
seizures] shall be inadmissible for any purpose in any proceeding.
"Evidence obtained and confiscated on the occasion of such an unreasonable search and seizure is
tainted and should be excluded for being the proverbial fruit of a poisonous tree."
What is the EXLUSIONARY RULE?
17. FAQs
No. In Burgos, Sr. v. Chief of Staff, AFP [133 SCRA 800], the Supreme Court enunciated that it is
sufficient that the property is under the control or possession of the person sought to be searched.
Doctrine of Constructive Possession
Is it required that the property to be searched should be
owned by the person against whom the search warrant is
directed?
18. FAQs
Yes, the address in the search warrant must match the actual place to be searched. In People vs.
Court of Appeals [ 291 SCRA 400], the Supreme Court ruled that the place to be searched, as set out
in the warrant, cannot be amplified or modified by the officers’ own personal knowledge of the
premises, or the evidence they adduced in support of their application for the warrant. The
particularization of the description of the place to be searched may properly be done only by the
Judge, and only in the warrant itself; it cannot be left to the discretion of the police officers
conducting the search.
Should the address in the search warrant
match the actual place to be searched?
19. FAQs
No, there is no violation of your right. Private search is not covered by the constitutional
guarantee. In the case of People vs. Marti [193 SCRA 57], the Supreme Court ratiocinated that in the
absence of governmental interference, the constitutional right against unreasonable search and
seizure cannot be invoked against the State. The protection against unreasonable search and seizure
cannot be extended to acts committed by private individuals so as to bring it within the ambit of
alleged unlawful intrusion by the government.
If the security guard in a mall wants to open my bag and
check the inside thereof, isn’t there a violation of my right
against unreasonable search?