IN Con Law

Question 1

Define a special law.

Answer 1

A law that can apply only to particular persons or locations. A law that appears general in form may nonetheless be special as applied.

Question 2

What is the test for determining whether legislation constitutes a special law?

Answer 2

(1) Will a general law work? If no, the law is constitutional. If yes,
(2) Is the law special in its application? If yes, the law is unconstitutional.

Question 3

When will population classifications be upheld?

Answer 3

If:

(1) Population is a rational basis for classification given the subject matter of the statute, and
(2) The population categories are open so that other localities can eventually qualify.

Question 4

How do courts approach legislation?

Answer 4

Courts are extremely deferential to the legislature.

Question 5

What is germaneness?

Answer 5

A law must be confined to a single subject and matters properly connected to that subject (there is no federal equivalent).

Question 6

Under what doctrine must the state consent to being sued?

Answer 6

Sovereign immunity.

Question 7

What is the Indiana Tort Claims Act?

Answer 7

It permits liability by governmental entities and their employees for torts committed by them, unless the act giving rise to the tort falls within a specific exception delineated in the Act.

Question 8

May Indiana courts issue advisory opinions?

Answer 8

Yes, unlike federal courts.

Question 9

What does Indiana’s constitution say re: appeals?

Answer 9

There is an absolute right to one appeal in all cases, civil and criminal.

Question 10

What does the Indiana constitution say re: separation of powers?

Answer 10

Unlike the federal constitution, the Indiana constitution contains an express provision mandating the powers of the state be distributed among the 3 branches of government. It contains a Separation of Powers clause and a Separation of Functions clause (which prohibits one branch from performing the functions of another).

Question 11

What is the Delegation Doctrine?

Answer 11

Despite the separation of powers, the IN legislature can delegate discretionary powers to the executive branch to promulgate rules. The only limitation is that reasonable standards must exist to guide the administrative body’s discretion.

Question 12

What is the holding under Price?

Answer 12

The state cannot impose a “material burden” on a “core constitutional value (e.g. political speech).”

Question 13

What is political speech defined as?

Answer 13

“Popular comment on public concerns.” It must be directed towards a political actor.

Question 14

What is the definition of “material burden” for purposes of Price?

Answer 14

If the speech the state seeks to regulate causes a “public nuisance,” that is, the speech merely “disturbs the public order or decorum,” then regulation would impose a material burden on the speech and be unconstitutional.

If the speech causes a “private nuisance,” that is, harm to determinable private persons such that it would be actionable under tort law, then the state’s regulation would not impose a material burden on speech and would be constitutional.

Question 15

How does Price differ from the First Amendment?

Answer 15

(1) Price broadly protects political speech and there is relatively little protection for nonpolitical speech.
(2) Price focuses solely on the interests of the speaker, whereas federally there is a balancing test between the state’s interest and those of the speaker.
(3) Price does not recognize any distinctions between content-based and content-neutral regulations.
(4) There is no federal corollary to Price’s public/private nuisance distinction.
(5) IN does not recognize the overbreadth doctrine.

Question 16

Does Indiana’s Freedom of Religion provision provide for greater or lesser protection than the federal First Amendment?

Answer 16

Greater. It also evinces a clear separation between church and state.

Question 17

What are the seven (7) religion clauses in Indiana’s constitution?

Answer 17

(1) Natural right to worship,
(2) Freedom of religious opinions and rights of conscience,
(3) Freedom of and from religion,
(4) No religious test required for office,
(5) No public money for benefit of religious institutions,
(6) Witness competent regardless of religious opinions, and
(7) Oaths are to be administered in a way that is consistent with the conscience of the oath-taker.

Question 18

Indiana’s Equal Privileges and Immunities provision is the state corollary to what federal clause?

Answer 18

Equal Protection.

Question 19

What is the 2-part test to determine whether an action of the legislature grants unequal privileges or immunities to certain classes?

Answer 19

(1) The legislation must be reasonably related to inherent characteristics that distinguish the unequally treated classes, and
(2) The preferential treatment must be uniformly available to all persons similarly situated.

Question 20

A classification will be upheld so long as _____.

Answer 20

The court can conceive of a rational basis for the classification. There is great deference to the legislature.

Question 21

What is Indiana’s Due Course of Law federal corollary?

Answer 21

The Due Process clauses of the 5th and 14th Amendments.

Question 22

What is the Open Courts clause?

Answer 22

All courts shall be open, and every person shall have a remedy by due course of law without delay.

Question 23

How does Indiana’s search and seizure analysis differ from federal analysis?

Answer 23

Indiana employs only a reasonableness inquiry - whether the search or seizure was reasonable.

Federal analysis has a 2-part test:

(1) Does the person exhibit an actual expectation of privacy, and
(2) Does society recognize that expectation as reasonable?

Question 24

In Indiana, does a person have a right to a jury trial in a civil case?

Answer 24

Yes.

Question 25

What are the requirements for a taking under Indiana law?

Answer 25

(1) The property’s value must be assessed and payment tendered before property can be taken, and
(2) Those whose property is taken must be paid the assessed value of the property, plus the value of any damage done to the remaining property, less the value of any benefits accruing to the remaining property as a result of the taking.

Question 26

What does the Indiana constitution say re: education?

Answer 26

The legislature has 2 duties:

(1) To encourage moral, intellectual, scientific, and ag improvements, and
(2) To provide for a general and uniform system of open common schools without tuition.

Question 27

What is Indiana’s stance on property taxation?

Answer 27

Uniform assessments, uniform rates, and equal valuations among properties being taxed.