Constitutional Law (Essay) Flashcards
$5 Million Divorce
Issue 1: Does wife have a constitutional challenge under an equal protection argument?
- Equal protection protects similarly situated persons from being treated differently.
- Classifications that are not suspect or quasi-suspect class, are reviewed under the rational basis test.
- To prevail the Plaintiff must prove that the state action is not rationally related to a legitimate government interest.
$5 Million Divorce
Issue 2: Does wife have a valid constitutional challenge that the constitution precludes the executive branch from reviewing the decision of the court of original jurisdiction?
- FL Constitution allocates authority to specific branches of government.
- The judicial, legislative and executive branches each have authority under the separation of powers.
- A specific allocated task under constitution cannot be delegated to another branch.
$5 Million Divorce
Issue 3: Does wife have a valid constitutional challenge that she is denied access to the courts?
- FL Constitution states that courts must be open to every person for redress of any injury and justice shall be administered without sale, denial, or delay.
- If legislature restricts access to court system, it must provide reasonable alternative or show no other way to accomplish overwhelming public need.
- Constitution provides that FL district court of appeals hears appeals from circuit courts.
$5 Million Divorce
Issue 4: Does wife have a valid constitutional challenge that the statute title does not meet FL’s single subject standard?
- FL constitution provides that legislation must be titled by a single subject easily understood by the public.
- The subject must be briefly summarized in title.
- Title must not be vague or overbroad and indicate the subject matter.
$5 Million Divorce
Issue 5: Does wife have a valid constitutional challenge that the governor’s veto of the legislation was effective?
- In FL, every bill passed by legislature becomes law if governor first approves and signs or if governor does not veto within 7 days of presentation.
- However, 7 day non-activity period extended to 15 days if the legislature adjourns or takes recess within original 7 day period.
- If the governor vetoes the bill, he must send a signed list of objections to the house that originated the bill.
- The legislature can override veto by 2/3 vote of membership of both houses (Senate/House of representative).
- The effective date of the legislation is usually specified in the bill itself.
Polk County
Issue 1: Whether the special legislative session was called for properly?
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.
Polk County
Issue 2: Whether the legislature was correct in addressing the ‘POLK’ 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).
Polk County
Issue 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.
Polk County
Issue 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.
Polk County
Issue 5: Whether the legislature and the governor properly approved the proposed ‘POLK’ 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.
Polk County
Issue 6: Whether the provision of the Bill requiring any person desiring to file a medical malpractice claim to post a bond of 1 million before filling a claim 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.
Polk County
Issue 7: Whether the law had taken effect when the plaintiff was injured?
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.
Polk County
Issue 8: Whether there are any ethical issues arising from the plaintiff’s efforts to seek representation?
Contingency 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
Pig County Ordinance
Issue 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.
Pig County Ordinance
Issue 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.
