Access to Courts** Flashcards
What does the Declaration of right say about access to courts?
The courts shall be open to every person for redress of any injury and justice shall be administered without sale, denial or delay.
What does the declaration of rights force the Florida department of corrections to do?
Provide affirmative assistance for inmates for all types of claims that might be filed in Florida courts. And that if they don’t they have to explain with strict scrutiny when they deny this access.
What is the test for analysis regarding access to the courts?
The legislature is without power to abolish an established right without providing a reasonable alternative to protect the rights of the people to redress for injuries unless the legislature can show an overpowering public necessity for the abolishment of the right and no alternative method of meeting such public necessity can be shown.
