Constitutional Law Essay Flashcards
Passing a Bill
STEP 1: Whether the special legislative session was properly called for?
o Governor may call for a special legislative session by proclamation stating the purpose of the session.
o During session no other business may be conducted without a 2/3 vote from both houses (senate/house of representative).
o The session may not last longer than 20 consecutive days unless extended by a 3/5 vote from both houses.
Passing a Bill
STEP 2: Whether the legislature was correct in addressing the proposed Bill during the special session?
During session no other business may be conducted without a 2/3 vote from both houses (senate/house of representative).
Passing a Bill
STEP 3: Whether they followed the proper constitutional process in passing the Bill?
o Any law introduced may only cover and address one subject, and that subject must be described in the title.
o The law must be constitutional
Clearly worded
Not be overbroad
And it must reasonably relate to public welfare
o Even though any bill involving taxing and appropriations may be introduced in either house, the bill must be read at least by title on 3 separate days in each house to properly be enacted.
Passing a Bill
STEP 4: Assuming the bill became law, whether the bill is constitutional?
o Any special laws applying to specific people, places or entities must give those specific people prior public notice or alternatively, have attained approval by referendum to be enacted.
o FL requires statewide uniformity on certain important subjects and prohibits special laws of local application including assessments and/or the collection of taxes for state and county purposes.
Passing a Bill
STEP 5: Whether the legislature and the governor properly approved the proposed Bill?
o FL requires only a simple majority vote in order for a bill to become a law.
o A proposed Bill becomes law if the governor does not veto it within 7 days or 15 days if the legislature is adjourned for 30 days or more.
o If the governor vetos the bill, a 2/3 majority in each house overrides any veto and the bill becomes law.
Passing a Bill
STEP 6: Whether the provision ___ is constitutional?
Fl grants every individual protected by the constitution a right to access the courts.
o Ct. must be open to every person for redress of any kind.
o If legislature restricts access to the courts it must provide a reasonable alternative or show that there is no way to accomplish an overwhelming public need.
o Any restriction which substantially bars access to the courts will be considered unreasonable.
o Additionally, justice must be administered without need for payment, though filing fees and similar charges are permissible they must be reasonable.
Passing a Bill
STEP 7: When did the law take effect?
A law takes place 60 days after final adjournment of the legislative session in which it was enacted, or a later date has been fixed by law or on a date fixed by joint resolution.
Passing a Bill
STEP 8:Whether there are any ethical issues arising from the plaintiff’s efforts to seek representation?
ontingency fee arrangement likely problematic under the rules of professional conduct.
o Contingency fees are permissible in most civil cases with the exception of domestic relations cases such as divorce, etc.
o Contingency fee arrangements are required to be in writing, signed by the client, and must layout how the fee will be calculated.
o Lawyer cannot charge an unreasonable fee.
Lawyer’s education and experience
Amount of time spent on the case
Complexity of the issues
County Ordinance
STEP 1: Whether the ordinance violates equal protection?
o Equal protection is triggered where similarly situated persons are treated disparately.
o Classifications that are not suspect or quasi suspects are reviews under the rational basis test.
o The challenger must prove that the state action is not rationally related to a legitimate state interest.
County Ordinance
STEP 2: Whether the ordinance violates procedural and substantive due process?
o FL guarantees no person may be deprived of property without due process of law
o Due process requires that when one is deprived of property, there be a notice and a meaningful hearing within a reasonable time.
County Ordinance
STEP 3: Whether the ordinance violates the Takings Clause?
FL provides that private property shall not be taken by state except for a public purpose, with a showing of necessity, and with full compensation of the property paid to the owner.
o Just compensation is fair market value.
County Ordinance
STEP 4: Whether the warrantless entry onto private property violates the right to privacy?
o FL contains a guarantee of privacy, that every person has a right to be let alone and free from government intrusion in his or her private life.
o State must show that any intrusion is furthering a compelling state interest and doing so is the least intrusive means.
County Ordinance
STEP 5: Whether the warrantless entry onto private property violates the right to be free from unreasonable searches and seizures?
o FL constitution protects bodies, houses, papers, and effects against unreasonable searches and seizures; this provision is to be construed in conformity with the 4th amendment.
o Searches without a warrant are presumptively unreasonable absent an exception.
o This protection applies to the home and to the curtilage, but not to the open fields.
o The remedy for an unreasonable search violation is the exclusion of evidence so obtained at a criminal proceeding.
