Federal vs FL Constitutional Structure

Question 1

T/F: State law is the floor and Fed law can only add to the protections afforded by the state

Answer 1

FALSE;
Fed is floor
State law can only add; also called the ceiling; State v. Horowitz

Question 2

What US Const Article grants Fed law as floor?

Answer 2

Article 6 Supremacy Clause

Question 3

How does FL keep a case in FL to prevent it being moved to Fed ct?

Answer 3

Must show Independent and adequate state grounds proven by state law and/or case law

Question 4

If Adequate and Independent state grounds DO NOT exist, what happens to a case?

Answer 4

Goes to Fed ct

Question 5

What is the standard of review for Constitutional challenges?

Answer 5

De Novo

Question 6

What does De Novo mean?

Answer 6

De novo =new review; deciding the issues without reference lower court decisions

Constitutional/Statutory

Question 7

What are the levels of scrutiny?

Answer 7

Strict
Intermediate
Rational

Question 8

What level of scrutiny automatically places the burden of proof on the challenger?

Answer 8

Rational

Question 9

What level of scrutiny deals with Fundamental Right being impacted?

Answer 9

strict

Question 10

What level of scrutiny requires the govt to relate an important govt goal?

Answer 10

Intermediate

Question 11

What burden does the govt need to justify under strict scrutiny?

Answer 11

(1) Must be Compelling to have govt intervention

(2) Least intrusive

Question 12

What level of scrutiny is FL right to Privacy analyzed under?

Answer 12

Strict scrutiny

Question 13

What is the 1st step to interpreting the FL const?

Answer 13

Actual language

Question 14

What is the 2nd step to interpreting the FL const?

Answer 14

Presumed Const’l; must be proven beyond a reasonable doubt

Question 15

what is stare decisis?

Answer 15

Result = application of legal standard to particular facts of case

*can’t go by precedent if justice demands & principles of con law