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FL Topics > FL Con Law > Flashcards

FL Con Law Flashcards

1
Q

The federal constitution provides a _________________ (i.e., Florida cannot remove a federal right or give citizens less rights than the federal constitution affords). However, the Florida constitution can give citizens ____________ rights than the federal constitution.

A

The federal constitution provides a FLOOR (i.e., Florida cannot remove a federal right or give citizens less rights than the federal constitution affords). However, the Florida constitution can give citizens MORE rights than the federal constitution.

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2
Q

Pay attention whether prompt of essay ask for _______ or _________ constitutional law or both.

A

Federal or Florida constitutional law

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3
Q

When you see similarly situated people being treated _________________, you have an equal protection issue.

A

When you see similarly situated people being treated DIFFERENTLY, you have an equal protection issue.

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4
Q

Equal protection issues arise with __________ form of discrimination among groups.

A

Equal protection issues arise with ANY form of discrimination among groups. It is not just race, religion, etc.

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5
Q

T/F: If a law treats some people differently than others, it is per se invalid.

A

False: Just because a law treats some people differently than others does not automatically mean the law is invalid. Some types of discrimination are ok.

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6
Q

For equal protection issues, when evaluating a law that discriminates among groups, the standard we apply depends on the _______ __ ___________

A

For equal protection issues, when evaluating a law that discriminates among groups, the standard we apply depends on the TYPE OF DISCRIMINATION

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7
Q

For equal protection issues, we apply strict scrutiny for discrimination based on _____________, ________, _____________ _____________, and _____________ _____________. Which of these is a FL distinction?

A

For equal protection issues, we apply strict scrutiny for discrimination based on RACE, RELIGION, NATIONAL ORIGIN, and PHYSICAL DISABILITY.
These are called suspect classifications.
Physical disability is a FL distinction.

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8
Q

Strict scrutiny test: The law will be upheld if the __________________ can show that it is _________________ to achieve a ____________________ government interest.

A

Strict scrutiny test: The law will be upheld if the GOVERNMENT can show that it is NECESSARY to achieve a COMPELLING government interest.

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9
Q

For equal protection issues, we apply rational basis test for discrimination based on _____________ ________.

A

For equal protection issues, we apply rational basis test for discrimination based on ANYTHING ELSE.

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10
Q

Rational basis test: The law will be upheld, _____________ the _______________ can show that it is not __________________ related to a ___________________ government interest.

A

Rational basis test: The law will be upheld, UNLESS the PLAINTIFF can show that it is not RATIONALLY related to a LEGITIMATE government interest.

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11
Q

“Necessary” under strict scrutiny requires proof that the law is the least ______________ or least ______________ method to achieve the goal.

A

“Necessary” under strict scrutiny requires proof that the law is the least RESTRICTIVE or least DISCRIMINATORY method to achieve the goal.
If the law is not the least restrictive alternative, then it is not “necessary” to achieve the goal, and will fail the test.
It is very difficult to pass the “necessary” test.

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12
Q

Under the federal constitution, courts apply something called “________________ scrutiny” to gender discrimination cases, and some other situations. This is somewhere between rational basis and strict scrutiny.

A

Under the federal constitution, courts apply something called “INTERMEDIATE scrutiny” to gender discrimination cases, and some other situations. This is somewhere between rational basis and strict scrutiny.

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13
Q

Intermediate scrutiny test: The law will be upheld if the ______________ can show it is _____________ related to an _____________ government interest.

A

Intermediate scrutiny test: The law will be upheld if the GOVERNMENT can show it is SUBSTANTIALLY related to an IMPORTANT government interest.

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14
Q

Most likely, Florida courts will apply ___________ Scrutiny to cases involving discrimination based on gender, but there is little authority addressing this standard in equal protection cases.

A

Most likely, Florida courts will apply INTERMEDIATE Scrutiny to cases involving discrimination based on gender, but there is little authority addressing this standard in equal protection cases.

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15
Q

_______ and _______ _______ are not suspect classifications in Florida and will receive rational basis.

A

AGE and SEXUAL ORIENTATION are not suspect classifications in Florida and will receive rational basis.

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16
Q

You cannot be deprived of life, liberty, or property without __________ ___________of law.

A

You cannot be deprived of life, liberty, or property without DUE PROCESS of law.

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17
Q

What are the 2 types of due process?

A

Procedural and substantive - Always analyze these together on the bar if you see violation of fundamental right

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18
Q

Procedural due process: If the government attempts to deprive a citizen of life, liberty, or property, there must be ___________ and a ______ __________.

A

Procedural due process: If the government attempts to deprive a citizen of life, liberty, or property, there must be NOTICE and a FAIR HEARING.

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19
Q

Whenever we see the government impairing, seizing, or restricting the life, liberty, or property of a person or group, we have a __________ due process issue.

A

Whenever we see the government impairing, seizing, or restricting the life, liberty, or property of a person or group, we have a PROCEDURAL due process issue.

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20
Q

Substantive due process acts as a _____________ on the actions that the state can undertake.

A

Substantive due process acts as a LIMITATION on the actions that the state can undertake.

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21
Q

The government has violated your substantive due process rights when they have impaired one of your ________________ rights.

A

The government has violated your substantive due process rights when they have impaired one of your FUNDAMENTAL rights.

22
Q

Substantive due process violations of fundamental rights are analyzed under __________ scrutiny.

A

Substantive due process violations of fundamental rights are analyzed under STRICT scrutiny.

23
Q

What are some well-settled fundamental rights?

A

Right to vote, travel, own property, engage in free speech, and have a jury trial.

If not sure if something is a fundamental right, analyze under both rational basis and strict scrutiny

24
Q

The state can ________ or sometimes ____________ procedural due process in emergency situations.

A

The state can CURTAIL or sometimes IGNORE procedural due process in emergency situations.
ex: Florida citrus trees

25
Q

Constitutional criminal procedure includes concepts like?

A

Search, Seizure, Interrogation, etc.

26
Q

The concepts of search, seizure, and interrogation are essentially the same under the Florida constitution and the _________________ constitution.

A

The concepts of search, seizure, and interrogation are essentially the same under the Florida constitution and the FEDERAL constitution. - no distinctions

27
Q

The Florida Constitution provides that the __________ are open to every person for redress of an injury, without _________________, _____________ or _________________. Litigants also get at least one _____________ from a final order.

A

The Florida Constitution provides that the COURTS are open to every person for redress of an injury, without SALE, DENIAL or DELAY. Litigants also get at least one APPEAL from a final order.

Sale means you have to pay to get to court.

Note: any one of sale, denial, or delay is sufficient - no need for combination of them

28
Q

Kluger Test: The state cannot pass a law that abolishes a cause of action or restricts a person’s day in court, without providing a _____________ ______________, UNLESS: (1) It can show an _________________ public necessity for abolition of such right, AND (2) No _________________ method of meeting such public necessity is found.

A

Kluger Test: The state cannot pass a law that abolishes a cause of action or restricts a person’s day in court, without providing a REASONABLE ALTERNATIVE, UNLESS: (1) It can show an OVERPOWERING public necessity for abolition of such right, AND (2) No ALTERNATIVE method of meeting such public necessity is found.

29
Q

There is a constitutional right to a _______ ______ ________ in all criminal proceedings.

A

There is a constitutional right to a TRIAL BY JURY in all criminal proceedings.

30
Q

In civil proceedings, for what cases is there is a constitutional right to a trial by jury?
You have the right to a jury in cases arising at _________________, but not solely in _________________.

A

In civil proceedings, there is a constitutional right, where the right existed at the time of Florida’s first constitution in 1845.
You have the right to a jury in cases arising at LAW, but not solely in EQUITY.

31
Q

A statute that allows parties to ______________ their right to a jury would probably be permissible.

A

A statute that allows parties to WAIVE their right to a jury would probably be permissible.

32
Q

Under the Sunshine Law, every person has the right to inspect or copy any ___________ _____________ made or received in connection with the official business of any public body, officer, or employee.

A

Under the Sunshine Law, every person has the right to inspect or copy any PUBLIC RECORD made or received in connection with the official business of any public body, officer, or employee.

33
Q

Under the Sunshine Law, all meetings of a state or local government body at which public business is _________ or ______________, must be open and the public must be given ________________.

A

Under the Sunshine Law, all meetings of a state or local government body at which public business is TRANSACTED or DISCUSSED, must be open and the public must be given NOTICE.

34
Q

The Sunshine Law affects all levels of ________ and ________ government, and persons acting on behalf of the government. This includes ____________ conversations among officials. There are some exceptions to protect minors, police officers, and tipsters.

A

The Sunshine Law affects all levels of STATE and LOCAL government, and persons acting on behalf of the government. This includes INFORMAL conversations among officials. There are some exceptions to protect minors, police officers, and tipsters.

35
Q

Sunshine exception for the legislature: _____________________meetings and conversations among state legislators (i.e., the legislators that work at the state capital in Tallahassee) do not require notice and are not open to the public unless they are __________ and involve _________ or more legislators (or at least 1 legislator and the governor).

A

Sunshine exception for the legislature: INFORMAL meetings and conversations among state legislators (i.e., the legislators that work at the state capital in Tallahassee) do not require notice and are not open to the public unless they are PRE-ARRANGED and involve 3 or more legislators (or at least 1 legislator and the governor).
Formal meetings are subject to sunshine. Committee meetings, sessions of the legislature, and any pre-arranged discussion among 3 legislators is subject to sunshine.

36
Q

Can a private entity be subject to the sunshine law?

A

if entity is acting on behalf of government or fulfilling government function, may be subject to sunshine law. May depend on how much control government has over private entity. The more control over management, the more likely records subject to sunshine. See prison example in packet page 13.

37
Q

Separation of powers issues arise when one branch of government improperly _________________ on the activities of another branch.

A

Separation of powers issues arise when one branch of government improperly ENCROACHES on the activities of another branch.
But not all encroaches are violations

38
Q

Legislature’s lawmaking functions: The FL legislature enacts laws for the ______, ______, ______, and ______of the people. This is called the what power? Which of these bases is a FL distinction?

A

Legislature’s lawmaking functions: The FL legislature enacts laws for the HEALTH, SAFETY, WELFARE, and MORALS of the people. This is called the POLICE POWER.
Morals is a FL distinction - means laws dealing with moral welfare and integrity of the citizenry

39
Q

Executive’s lawmaking functions: The executive can issue executive orders to respond to _____________________ situations, and has rulemaking authority when properly __________ by the legislature.

A

Executive’s lawmaking functions: The executive can issue executive orders to respond to EMERGENCY situations, and has rulemaking authority when properly DELEGATED by the legislature.

40
Q

Judiciary’s lawmaking functions: The supreme court enacts all rules that pertain to __________ __________ .
However, the legislature can enact laws that relate to “_______________ procedure”

A

Judiciary’s lawmaking functions: The supreme court enacts all rules that pertain to COURT PROCEDURE.
However, the legislature can enact laws that relate to “SUBSTANTIVE procedure”

41
Q

Separation of powers is invoked when a branch of government goes too far, or when one branch improperly __________ responsibility to another.

A

Separation of powers is invoked when a branch of government goes too far, or when one branch improperly DELEGATES responsibility to another.

42
Q

The legislature ___________ delegate the power to make law or fundamental policy decisions.

A

The legislature CANNOT delegate the power to make law or fundamental policy decisions.

43
Q

The legislature can delegate __________ authority to executive ____________ via statute. The statute must provide sufficient _____________________ and standards so that the agencies are merely _______________ policy determined by the legislature (not creating policy themselves).

A

The legislature can delegate RULEMAKING authority to executive AGENCIES via statute. The statute must provide sufficient GUIDELINES and standards so that the agencies are merely IMPLEMENTING policy determined by the legislature (not creating policy themselves).

44
Q

Statutes are laws enacted by?

A

Statutes are laws enacted by the state or federal governments.

45
Q

Ordinances are “_______________ laws”, enacted by?

A

Ordinances are “LOCAL laws”, enacted by municipalities (also known as cities), and counties.

46
Q

What are the three substantive requirements for statutes and ordinances?

A
  1. Laws (statutes or ordinances) must be clearly worded so that the average person of common intelligence will understand them. If unclear, may be void for vagueness.
  2. Laws may not be overbroad. There must be exceptions, if necessary to allow forms of protected activities (e.g., right to assemble, free speech).
  3. Laws must bear a reasonable relationship to health, safety, morals, or welfare of the people.
47
Q

What are the six procedural requirements for state STATUTES (not ordinances)?

A
  1. There must be an enacting clause: “Be it enacted by the legislature…”

2, The bill must be read three times into the legislative record.

  1. The bill must pass both houses in identical form. (FL Distinction)
  2. The statute’s subject must be stated in the title.
  3. The statute must only cover a single subject. (FL distinction)
  4. The governor must sign all bills into law:
    - If the legislature is in session, the governor has 7 days to sign or veto. If he doesn’t sign or veto, it becomes a law.
    - If the legislature is not in session, the governor must sign or veto within 15 after presentment, or the bill automatically becomes law. No pocket veto! (FL distinction)
48
Q

General laws enacted by the state legislature apply ________ _____________ to all persons or circumstances.

A

General laws enacted by the state legislature apply UNIFORMLY STATEWIDE to all persons or circumstances.

49
Q

Special laws are enacted by the state legislature in Tallahassee, but only apply to specific _____________________ of the state (like a particular city or a county).

A

Special laws are enacted by the state legislature in Tallahassee, but only apply to specific REGIONS of the state (like a particular city or a county).

50
Q

Special laws have special rules before they can be enacted:

  1. There must be ___________________ of intention to enact the law, published in a newspaper of general circulation in all affected counties, OR
  2. The law must be approved by a _____________________ of the majority of electors (people who show up to vote).
A

Special laws have special rules before they can be enacted:

  1. There must be NOTICE of intention to enact the law, published in a newspaper of general circulation in all affected counties, OR
  2. The law must be approved by a REFERENDUM of the majority of electors (people who show up to vote).
51
Q

Legislators can try to avoid the procedural requirements for special laws by enacting a general law that targets a region by some alternative means. The most common means is by _____________________.
What is the name of this kind of law?

A

Legislators can try to avoid the procedural requirements for special laws by enacting a general law that targets a region by some alternative means. The most common means is by POPULATION.

GENERAL LAW OF LOCAL APPLICATION.

52
Q

Certain types of special laws and general laws of local application have been prohibited. What 15 types of laws must be general laws?

A
  1. Elections
  2. Taxes
  3. Rules of evidence
  4. Punishment for crimes
  5. Juries
  6. Rules of court
  7. Liens and interest rates on private contracts
  8. Corporations
  9. Effect of invalid deeds or wills
  10. Name changes
  11. Family law
  12. Transfer of property to persons with disabilities
  13. Hunting and fishing
  14. Regulation of occupations which are regulated by state agencies
  15. Conditions precedent to a cause of action (e.g. required mediation before court)

FL Topics (9 decks)

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