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Contracts > Fl Con Law > Flashcards

Fl Con Law Flashcards

1
Q

Looking for

A

Homestead
Passing Bill/law

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2
Q

Homestead

A

Primary residence is protected from a forced sale by creditors

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3
Q

Homestead elements

A

Primary residence (1 homestead at a time) which is generally legal domicile

Owned by individual (not entity)

Filed with clerks office before any creditor claim

.5 acre contiguous land inside muni 160 acres outside of muni

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4
Q

Súper Creditors (can get at homestead no matter what)

A

Mortgage

Property taxes

Mechanics lien- unpaid work to your home

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5
Q

Homestead protec abandonment

A

Leave the property and express an intent not to return.

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6
Q

Devising homestead

A

If fee simple- can do whatever you want

Cannot devise homestead if married and have minor child
—surviving spouse gets life estate remainder to the child

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7
Q

Advalorem taxes

A

Property taxes and taxes on tangible personal property

Prop taxes paid to local county gov.

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8
Q

Homestead exemption from advalorem

A

Fl, 2 25k exemptions off market value of property calculated by millage rate

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9
Q

Millage rate

A

Uniform Formula for property tax calculation

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10
Q

Portability (taxes)

A

When sale of one homestead to another you have to refile but you’re allowed to take property tax exemption value to new property

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11
Q

Gov owned land

A

Exempt from all advalorem prop taxes BUT if sued by private person for profit purposes then it’s taxed

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12
Q

Bill chart

A

State Legislature
Bill formalities
Separation of powers

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13
Q

State trying to pass law

A

Regular session v special

General v special law

Chartered v unchartered (county action)

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14
Q

Regular session

A

Normal scheduled time to meet

Last general 60 days

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15
Q

Special session called by governor

A

Can last 20 days

Only meeting over a single issue

Only pass laws in purview of special session proclamation (reason for the meeting)

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16
Q

Bill to law

A

Needs to pass each house by majority

Becomes law after gov signs or doesn’t veto within 7 days of presentation.

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17
Q

Power of state to pass law

A

State leg has police power so Can pass any law for health safety and welfare of citizens as long as it doesn’t conflict with federal law

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18
Q

Formalities of Bill

A

Title

Enactment clause
—“be it enacted that”

Law for valid purpose
—reasonably related to public welfare

Comply with single subject
—bill can only be about one thing “no log rolling”

Vagueness/overbroad
—average person can understand

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19
Q

Separation of powers

A

One branch cannot encroach on another’s powers.

FL const expressly incorporates that powers be separated.

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20
Q

General law

A

Applies to entire state uniformly

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21
Q

Special law

A

Only applies to a group of people or geographic area

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22
Q

General law of local application

A

Law that applies to areas with specific population
—ex: over 65 years old, over X income

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23
Q

County action

A

Each county has home rule power that enables them to make laws for themselves. Chartered v nonchartered

24
Q

Chartered county

A

Broad power to pass laws not inconsistent with general laws/state law/state constitution.

25
Q

No chartered county

A

Power is narrow. Only get power to make laws if general or special law allows them to

26
Q

Commonly tested issues

A

Standing

Equal protection

Substantive/Procedural Due Process

Religion

Criminal procedure

27
Q

Standing

A

Person has to have distinct injury (to themselves)

28
Q

Equal protection

A

Class of people treated differently.

29
Q

Strict Scrutiny

A

Gov has burden to show that the law is necessary to achieve a compelling interest

In FL
— Race
— Religion
— Nationality
— Physical disability

Fed
— Race
— alienate
— national origin

30
Q

Intermediate scrutiny

A

Gov has to show that law is substantially related to an important Gov interest

Gender

31
Q

Rational basis

A

Gov has to show law is rationally related to a gov interest.

Every other class of people

32
Q

Substantive Due Process

A

Gov is taking away or restricting a right from all of us.

No person shall be deprived of Life liberty or property without due process

33
Q

Fundamental rights

A

If Gov takes away/restricts a fundamental right then apply strict scrutiny. Non fundamental- rational basis.

Right to interstate travel

Free speech

Right to vote

Right to privacy
— contraception
— abortion
— marriage
— procreation
— private education
— rise to raise your family

34
Q

FL fundamental right

A

In addition to others,

Right to privacy is broad, “right to be left alone” any intrusion into one’s love is strict scrutiny

Right to work
— can’t be punished for joining a union

35
Q

Procedural Due process

A

Applies to property rights and requires notice and hearing
— work, license, benefits

36
Q

Regulating speech

A

Content based v content neutral

37
Q

Content based

A

Gov stopping you from getting your message out

Strict scrutiny

38
Q

Content neutral

A

Not regulating content but regulating where when and how (time place and manner)

Generally constitutional, reg has to further gov interest and leave alternate means of communicating the message

39
Q

Religión

A

Free exercise clause

Gov has to remain neutral to your practice of religion. It’s okay if Bill/laws restrict your religion as secondary effect

Cannot break law for religion.

40
Q

Stablishment clause

A

Gov can’t pass law that seems to establish a religion

Test
— law has secular purpose (non religious)
— Gov can’t promote or inhibit religion
— no excessive entanglement w religion (can’t sponsor or subsidize religion)

41
Q

Access to courts

A

In FL, you can’t be denied access to courts through a law

If law seems to deny right, unconstitutional

42
Q

Right to jury trial

A

Right to have a trial

43
Q

Sunshine law

A

Gov law passing or meetings have to be open to the public.

No secrecy

44
Q

Miranda warnings

A

From a cop if in custodial interrogation.

Can waive rights is knowing and voluntary doing so

45
Q

Custodial interrogation

A

Custody if based on objective standard a reasonable person would belief they are not free to leave.

Interrogation is if Gov agent is trying to illicit criminal info

46
Q

Search and seizure

A

Fl constitution guarantees the right against unreasonable search in a place where you have a reasonable expectation of privacy and seizure by government agent

Privacy- car, bag, etc
Search- if it’s out in the open not reasonable privacy. NEED PROBABLE CAUSE

47
Q

Warrant

A

Agent needs a warrant to search if there is probable cause, person has a reasonable expectation of privacy

Issued by neutral magistrate and specifies scope of the search

48
Q

Exception to warrant

A

Exigent circumstances (emergency, flee, destroying evidence)

Stop and frisk (reasonable suspicion of criminal activity- can frisk if reasonable suspicion you have a weapon)

Search incident to lawful arrest (search person or wingspan)

Consent (actual/apparent authority to premises)

49
Q

Bond

A

FL Gov issues bonds (raising money)

50
Q

General obligation Bond

A

Gov is building a project but it will not generate revenue by itself. Backed by full faith and credit of the state (getting paid back through tax revenues)

Vote/referendum is required

Ex- free highway (no tolls)

51
Q

Revenue Bond

A

Public purpose/project for which the bond is issued generates revenue.

No vote/referendum needed

Tolls, admissions — revenue

52
Q

Eminent Domain (Taking)

A

Gov can take private property for public purpose if they give you full compensation. (Fair market value)

Can still be owned by private individual if Gov can make a good argument as to why it’s good overall for the public.

Reduction of economic value of your land due to projects being built around by gov, still a taking

Public purpose is broad
—overall public good

53
Q

Inverse condmentation

A

Economic value of prop is reduced so greatly that it is essentially worthless. Some economic reduction is foreseeable

Due to noise, project, power plant near…etc

54
Q

Private nuisance

A

Unreasonable interference of someone’s private property

55
Q

Public nuisance

A

Interference w Whole community. Usually Gov will sue but if action is brought by private person then need to show special harm

Contracts (10 decks)

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