Rational relationship test: laws or ordinances are upheld if they rationally further a legitimate

governmental interest

Strict scrutiny test: is a form of judicial review that courts use to determine the
constitutionality of certain laws. To pass strict scrutiny, the legislature must have passed the
law to further a compelling governmental interest and must have narrowly tailored the law to
achieve that interest.

Facial challenge: is a challenge to a statute in which the plaintiff alleges that the legislation
is always unconstitutional and therefore void.

As-applied challenge: plaintiff alleges that a particular application of a statute is

unconstitutional.

Void for Vagueness doctrine: holds that a law is facially invalid if men of common intelligence
must necessarily guess at its meaning and differ as to its application.

Overbreath doctrine: a law is unconstitutional or void for being too broad if it covers activities
that are protected by the Constitution such as freedom of speech.

Screening test: methods, means or tools used to determine presence or use of drug
substance

Confirmatory test: is carried out if screening test turns positive.

Doctrine of Prejudicial Publicity

Sub judice Rule: the rule restricts comments and disclosures pertaining to judicial
proceedings to avoid prejudging the issue, influencing the court, or obstructing the
administration of justice. Anyone violating the rule can be cited for indirect contempt of court.

Doctrine of Preferred Freedom: refers to hierarchy of rights; in civil rights, the rights of free
expression and of assembly occupy a preferred position as they are essential to the
preservation and vitality of our civil and political institutions

Dangerous Tendency Test: permits limitations on speech once a rational connection has
been established between the speech restrained and the danger contemplated.

Balancing of Interest test: the courts should balance the public interest served by legislation
on one hand and the freedom of speech or any other constitutional right on the other.

Clear and present danger test: rests on the premise that speech may be restrained because
there is substantial danger that the speech will likely lead to an evil the government has a right
to prevent.

Benevolent Neutrality of Accommodation Test: to limit the right to religion there must be a
compelling interest test

Doctrine of Totality of Circumstances: under this, we reduce our rules to the most basic
test of reason, that is, to the relevance of the evidence to the issue at hand and its consistency
with all other pieces of adduced evidence. thus, even hearsay evidence can be admitted if it
satisfies this basic minimum test.
Substantive Due Process: a principle allowing courts to protect certain fundamental rights
from government interference even if procedural protections are present

Procedural Due Process: notice and an opportunity to be heard.

Quasi Judicial-notice and hearing are necessary

Civil Rights – rights that belong to every citizen of the state or country or to all its inhabitants
and are not connected with the organization or administration of government.

Political Rights- refer to the right to participate, directly or indirectly, in the establishment or
administration of government, e.g. the right of suffrage.

Public office – is not property, but one unlawfully ousted from it may institute an action to
recover the same flowing from the de jure officer’s right to office.

Right to Privacy – right to be let alone

Probable cause- such facts and circumstances which lead a reasonable discreet and prudent
man to believe than an offense has been committed and that the objects sought in connection
with the offense are in the place sought to be searched.

Scatter shot warrants- are those of broad and general characterization or sweeping
descriptions which will authorize police officers to undertake a fishing expedition to seize and
confiscate any and all kinds of evience or articles relating to an offense.

John Doe warrant – name of the person to be arrested is not known. It satisfies the
constitutional requirement of particularity of description if there is some description persona
which will enable the officer to identify the accused.

Political Offense Doctrine- common crimes, perpetrated in furtherance of a political offense,

are divested of their character as common offenses and assume the political complexion of
the main crime of which they are mere ingredients and consequently, cannot be punished
separately from the principal offense, or complexed with the same, to justify the imposition of
a graver penalty..(Hernandez doctrine)

Subpoena ad testificandum – to compel a person to testify

Subpoena duces tecum: to compel a person to produce books, documents or other things
requested

Doctrine of Supervening Event: the accused may be prosecuted for another offense if a
subsequent development changes the character of the first indictment under which he may
have already been charged or convicted.