Constitutional Law Florida Flashcards
Do ALL felonies have to be charged by presentment or indictement by a grand jury?
NO. Only capital felonies
Can sale of alcohol in a specific county be addressed by a specific law or a law of general application?
Yes
Is the lietanant governor a member of the cabinet?
NO
Who may reside at an impeachment trial of an executive officer?
the chief justice of the supreme court
MUST the supreme court review of a decision of a district court of appeal that passes upon a question certified by it to be of great public importance
no
Name three mandatory jurisdiction cases for the supreme court
Appeals directly from final judgments of trial courts imposing the death penalty
Appeals from district courts of appeal declaring a provision of the state constitution invalid
Reviews of final orders issued by statewide agencies relating to rates or service of electric, gas, or telephone utilities
Who may be denied the right to vote and hold office?
A person convicted of a felony or adjudicated mentally incompetent (in any state)
What is a special law?
Relates to/operates in a specific part of the state, or upon particular people or things
What is the acreage limitation for a homestead located outside a municipality?
160 contiguous acres (including improvements)
What rights do the victims of a crime have with respect to prosecution of the alleged perpetrator?
Victims are entitled to
(i) be informed;
(ii) be present;
(iii) be heard (when relevant);
(iv) seek private counsel; and
(v) know name, address, and association with the defendant of defense members who contact victim.
Is personal property protected from a forced sale by a creditor?
Generally, personal property is protected from forced sale if the total is valued under $1,000.
What is a general law of local application?
Uses a classification scheme (based on population or other criteria) to restrict application to particular places
How are justices to the Florida Supreme Court selected?
Appointed by the governor from a list of 3-6 names submitted by the Judicial Nominating Commission
How can a bill become law without the governor’s signature?
(1) Governor does not veto within seven days; or (2) within 30 days if legislature adjourns indefinitely or takes a recess of 30+ days within the initial signing period
What are the two types of counties in Florida?
(1) Charter county; and (2) Non-charter county
The Florida Constitution recognizes what workers’ right and prohibits what type of union-employer agreement?
The Florida Constitution recognizes the right of collective bargaining and prohibits union/employer agreements to only hire union members.
Does property have to be owned in fee simple absolute to qualify as a homestead?
No, because the holder of a life estate that is entitled to present possession of the homestead has a qualifying ownership interest.
What is the residency requirement that a homestead must satisfy?
The real property must be the permanent, primary residence of the owner or member of owner’s family.
What is the effect of a voluntary sale of a homestead on the protection from creditors?
Proceeds from the sale retain their protected status, as long as the seller
(1) Intends to reinvest the proceeds in another homestead within a reasonable time,
(2) Keeps the funds separate, and
(3) Reinvests proceeds in another homestead
When is jury of more than six jurors constitutionally mandated in Florida?
In a capital case (12 jurors required)
May a branch of government delegate its power to another branch?
No, nor encroach upon the powers of another branch
Legal analysis of equal protection under the Florida Declaration of Rights is _______________ to the Equal Protection Clauses of the Fifth and Fourteenth Amendments of the U.S. Constitution
identical
What rights does a juvenile curfew set by a local government implicate?
Fundamental parenting, privacy, and movement rights
Does the lemon test still apply in FLA? What is it?
In order for a law that is challeneged under the no establishment of religion clause to be valid, a statute must
(1) have a secular legislative purpose,
(2) have a primary affect that neither advances nor prohibits religion,
(3) not foster “excessive entanglement” with religion, and
(4) not authorize the use of public monies to directly or indirectly aid a sectarian institution.
In Florida, no person convicted of a felony is qualified to:
to vote or hold office until restoration of civil rights.
For persons with felony convictions other than murder or a felony sexual offense, the right to vote is** automatically** restored upon completion of all terms of their sentences, including parole and probation.
Access to Courts
Can the legislature limit access to courts?
Yes
