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Florida Con Law > Florida Declaration of Rights > Flashcards

Florida Declaration of Rights Flashcards

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1
Q

The declaratin of rights protects:

A

individual citizens against overreaching by the government

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2
Q

Rights are meant to emphasize certain freedoms of:

A

the citizen from the power of the state

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3
Q

State rights can grant:

A

more protection than the U.S. Constitution, but never less protection

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4
Q

All persons, male and female, are equal before the law. The constitution enumerates (but is not limited to) certain inalienable rights:

A

1) The right to enjoy and defend life and liberty
2) The right to pursue happiness;
3) The right to be rewarded for industry; and
4) The right to acquire, possess, and protect property

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5
Q

The rational basis test is used to determine:

A

if Equal Protection Clause is being violated by legislation.

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6
Q

Fundamental rights and suspect classification are entitled:

A

to the fullest enforcement by the state.

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7
Q

No person can be deprived of any right due to:

A

1) race
2) religion
3) national origin; or
4) physical disability

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8
Q

Classes that are not suspect:

A

Age and gender. There is also no protection from action from private individuals

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9
Q

The strict scrutiny standard applies to:

A

fundamental rights.

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10
Q

The strict scrutiny standard:

A

a law must be narrowly tailored to serve a compelling state interest using the lease restrictive means

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11
Q

Intermediate scrutiny:

A

The state will have to prove that the action is substantially related to achieve an important state interest.

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12
Q

Rational basis:

A

the challenger must prove that the state action is not rationally related to a legitimate state interest

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13
Q

The practice of religion may not:

A

violate public morals, peace, or safety

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14
Q

Religious rights are:

A

not absolute and free from government intrusion

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15
Q

Every person ha the right to speak, write, or publish his views on all subjects. An individual may be held responsible for:

A

abuse of this right.

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16
Q

In a criminal prosecution or civil action for defamation, what may be introduced as evidence?

A

The truth.

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17
Q

Individuals have the right to assemble peacefully, but that right may still be subject to:

A

reasonable regulation

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18
Q

The right of a person to work;

A

cannot be denied or restricted due to membership (or nonmembership) in any labor union or organization

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19
Q

The right of employees to bargain collectively, by or through a labor organization, may not:

A

be denied or restricted.

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20
Q

Do public employees have a right to strike?

A

No.

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21
Q

Military power is subordinate to:

A

civil governance

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22
Q

The people have the right to bear arms, although it may be:

A

regulated by law

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23
Q

There is a mandatory waiting period between purchase and delivery of a handgun of:

A

three days.

This does not apply to

1) the holder of a concealed weapons permit under Florida law; or
2) the trade-in of another handgun.

Violation of this provision is a felony

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24
Q

No person may be deprive of life, liberty, or property without:

A

due process of law

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25
Q

Procedural due process implicates requirements of:

A

legal procedure that apply when the rights granted by the constitution are at stake

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26
Q

No person may be put in jeopardy:

A

more than once for the same offense

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27
Q

No person may be compelled to:

A

be a witness against himself in a criminal proceeding

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28
Q

In issues of substantive law, the state courts use a:

A

subjective test to protect all of the rights granted by the constitution.

The courts look to whether the state had a permissible legislative reason for taking the action (e.g., to protect public health, safety, welfare, or morals)

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29
Q

A state’s action cannot be

A

unreasonable, arbitrary or capricious

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30
Q

Traditional rules of evidence generally do not apply:

A

in parole hearings. They are considered administrative proceedings

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31
Q

The following types of laws are prohibited:

A

1) bills of attainder (an act of legislature holding a person or class of persons guilty and punishing them without benefit of a trial);
2) ex post facto laws, which have a retrospective effect and siginifcantly diminish a right the party would have had under the prior law; and
3) laws impairing the performance of contracts (state courts have lower tolerance for impairment of Ks than the federal courts)

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32
Q

Is imprisonment for debt allowed?

A

Only where fraud was involved

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33
Q

A person cannot be imprisoned when he does not have:

A

the ability to comply with the court’s order

34
Q

The court must make a finding that a person presently has the ability to pay the debt:

A

before he may be imprisoned. This protects procedural due process

35
Q

Two separate rights are protected from unreasonable searches and seizures:

A

1) the right to have bodies, houses, papers, and effects secured against unreasonable searches and seizures; and
2) the right not to have private communications unreasonably intercepted by any means

36
Q

In order for a warrant to be issued, it must be:

A

1) based upon probable cause; and
2) supported by an affidavit that describes with particularity:
a) the places to be searched;
b) the persons or things to be seized;
c) the communication to be intercepted; and
d) the nature of evidence to be seized

37
Q

Protection from unreasonable searches and seizures is to be construed:

A

in conformity with the 4th Amendment of the U.S. Constitution

38
Q

Items or information seized in violation of the right against unreasonable search and seizure will not be admissible in evidence if:

A

they would be held inadmissible under decisions of the U.S. Supreme Court.

39
Q

A writ of habeas corpus is:

A

a grantable right.

The writ must be granted freely and without cost, and returnable without delay.

The purpose is to promptly bring a party before a court or judge to ensure tat the party is not being unlawfully restrained.

40
Q

The right to a writ of habeas corpus cannot be suspended, except:

A

in the interest of public safety during a time of rebellion or invasion

41
Q

Unless charged with a capital offense or an offense punishable by life in prison, where the proof of guilt is evident or the presumption is great, every person charged with a crime or violation of a county or municipal ordinance is entitled to:

A

pretrial release on reasonable conditions

42
Q

A child may be charged for a violation of the law as an act of:

A

delinquency, instead of a crime, where authorized by law.

43
Q

A child in a delinquency case will be tried:

A

without a jury or other requirements of a criminal case.

44
Q

A child can be tried as an adult if:

A

demand is made before trial begins in the juvenile proceeding

45
Q

Upon demand, the accused in a criminal proceeding must:

A

1) be informed of the nature and cause of the accusation; and
2) be given a copy of the charges

46
Q

The accused in a criminal proceeding will have a right:

A

1) to have compulsory process for witnesses;
2) to confront adverse witnesses at trial;
3) to be heard in person, through counsel, or both; and
4) to have a speedy and public trial by jury in the county where the crimes were committed

47
Q

Victims of crime, or their lawful representatives, are entitled at all crucial stages of the criminal proceedings to be:

A

informed, present, and heard when relevant.

48
Q

Rights of victims are only afforded to the extent that they do not interfere with:

A

the rights of the accused.

49
Q

The following are forbidden as excessive punishment:

A

1) excessive fine;
2) cruel and unusual punishment;
3) attainder (capital punishment imposed w/o proper judicial proceedings)
4) forfeiture of estate;
5) indefinite imprisonment; and
6) unreasonable detention of witnesses

50
Q

Any method of execution for the death penalty is allowed, unless:

A

prohibited by the U.S. Constitution

The legislature may designate methods of execution

51
Q

No administrative agency may impose:

A

a sentence of imprisonment

The only exception is the Department of Military Affairs, but it must do so in a court-martial action

52
Q

No person charged with a crime may be compelled to pay:

A

costs before a judgment of conviction becomes final

53
Q

Treason against the state consist of:

A

1) waging war against the state;
2) siding with the state’s enemies; and
3) giving the state’s enemies aid and comfort

54
Q

No person can be convicted of treason unless:

A

two people give testimony, in open court, about the same act or confession

55
Q

The courts must be open:

A

to every person for redress of injury

56
Q

If the legislature restricts access to the court system, it must provide:

A

a reasonable alternative or show there is no other way to accomplish an overwhelming public need

57
Q

Justice must be administered without:

A

denial or delay

58
Q

The legislature cannot abolish a common law cause of action without

A

providing a statutory alternative

59
Q

Justice must be administered without:

A

the need for payment. Filing fees and similar charges are permissible, unless they are unreasonable

60
Q

The right to trail by jury is:

A

guaranteed to all and must remain inviolate

61
Q

The qualifications and number of jurors will be fixed by law, but there must be at least:

A

six jurors

62
Q

Every natural person has the right to be:

A

let alone; and

free from governmental intrusion into that person’s life

63
Q

When compared to the U.S. Constitution, the Florida Constitution provides Florida citizens a stronger right:

A

to privacy from state government, because it contains a specific provision protecting privacy.

64
Q

The right to privacy does not guarantee:

A

complete freedom from intrusion, but the state has the burden of proof that it is:

1) furthering a compelling state interest; and
2) employing the least restrictive means to do so

65
Q

The right to privacy encompasses a fundamental right to

A

self-determination, which includes the ability to make medical decisions about all medical choices, including the refusal of medical treatment, but does not extend to physician-assisted suicide

66
Q

The right to privacy does not limit the publish right of access to:

A

public records and meetings, including court proceedings.

67
Q

A strong presumption of openness attaches to all:

A

public records and court proceedings.

68
Q

Records or trial proceedings may only be closed to public scrutiny for the following very narrowly defined set of exceptions, when necessary to:

A

1) comply with established public policy in the constitution, statutes, or case law;
2) protect trade secrets;
3) protect a compelling governmental interest (such as national security)
4) obtain evidence to properly determine legal issues in a case;
5) avoid substantial injury to innocent 3d parties; or
6) avoid substantial injury to a party by disclosure of rights protected by the right to privacy or common law

69
Q

Before a closure order is entered, the court must determine that:

A

1) no reasonable alternative is available to accomplish the result; and
2) the least restrictive closure is being used

70
Q

The public and the media have standing:

A

to challenge the closure of public records and meetings, and the burden of proof is on the party seeking closure

71
Q

A private company contracting with a public agency may also fall:

A

within the purview of the Public Records Act

72
Q

Every person has the right to inspect and copy:

A

any public record made or received in connection with any official business of any public body

73
Q

The right to inspect and copy public records extends to:

A

legislative, executive, and judicial branches, and any affiliated agency or department. It also includes all counties, municipalities, and districts, as well as every constitutional officer, board, commission, or agency

74
Q

The meetings of any public decision-making body at which official acts are taken or public matters are discussed must be:

A

open to the public and properly noticed

This applies to the decision-making bodies of the executive branch of state govt and every county, municipality, school district or special district

75
Q

Does Florida have a Taxpayers’ Bill of Rights?

A

Yes. It must set forth taxpayers’ rights and responsibilities and government’s responsibilities to deal fairly with taxpayers.

76
Q

If a contingency fee is charged in a medical liability claim, the attorney fee may be calculated as follows:

A

1) No more than 30% of the first $250,000 in damages received by the claimant; and
2) No more than 10% of any damages received by the claimant in excess of $250,000.

These fee limits apply no matter how many defendants in the case and whether damages were received as part of judgment, settlement or otherwise.

This provision is self-executing

77
Q

Marriage is the legal union of:

A

only one man and one woman as husband and wife.

No other legal union that is treated as marriage or the substantial equivalent will be valid or recognized

78
Q

No private property may be taken by the state except:

A

1) for a public purpose
2) when there is a showing of necessity; and
3) with full compensation for the property paid to the owner

79
Q

A taking occurs when:

A

the state exercises its police power

80
Q

A taking has occurred when the state has:

A

1) appropriated private property for public use; or
2) deprived the owner of private property of use and enjoyment for a substantial period; and
3) this action results in equitable remedies for the owner or the owner instituting inverse condemnation proceedings when the appropriating agency does not properly compensate the owner for the deprivation

Florida Con Law (6 decks)

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