Indiv. Right Flashcards
True or False: The Declaration of Rights in Florida’s constitution contains more articulated rights than the Bill of Rights.
True
What is required to bring an equal protection claim in Florida?
There must be government action - only governmental entities are prohibited from discriminating.
True or False: For Equal Protection, Florida uses the same standards of review as the Federal Con Law.
True
In Florida, what are the suspect classes subject to strict scrutiny?
Race
Religion
National Origin
Physical Disability
What is Florida’s Strict Scrutiny Standard?
The Government must prove that the act is necessary to achieve a compelling government interest and is narrowly tailored to advance that interest.
When does the rational basis apply?
When there is no suspect class or no fundamental right is at issue - challenger has the burden of proof.
What is Florida’s Rational Basis Standard?
The government action is upheld unless the challenger cna prove that the action is not rationally related to an legitimate government interest.
Does Florida have a limitation on the right to exercise religion?
Yes - Religious freedom does not justify practices that are inconsistent with public morals, peace, or safety.
What is one additional protection that Florida’s constitution grants in addition to the Freedom of Speech and Freedom of Press?
The FL constitution provides that people have the right to instruct their representatives.
Does the FL Constitution protect the right to work?
Yes - it provides that no person may be denied a job because of membership or non-membership in a labor union.
True or False: Public and private sector employees have the right to collectively bargain.
True
True or False: Public and private sector employees have the right to strike.
False - Public sector employees have no right to strike.
Is the right to work a fundamental right in Florida?
Yes
True or False: FL Constitution requires a 7 day waiting period between the retail purchase and delivery of a handgun.
False - the constitution requires a 3 day waiting period. Counties can impose additional 3-5 day period and a background check.
Is the FL Due Process protection the same as federal?
Yes
In Florida, is impairing of a contract prohibited?
Yes - but when the state is not a party to the contract, the courts balance the degree to which a party’s rights are statutorily impaired vs. the evil that the state is attempting to remedy.
True or False: The constitution prohibits imprisonment for debt.
True unless fraud is proved - protection is limited only to contracts.
True or False: The protection against imprisonment for debt extends to unpaid alimony, child support, taxes, tort damages, or criminal punishment.
False - only extends to contract where fraud is not at issue.
True or False: The Fl Right to Searches and Seizures is the same as the rights under the 4th Amendment to the Federal Constitution.
True
Can an administrative agency punish by imprisonment?
No - penalties are limited to those authorized by law.
What is the access to justice principle in Florida?
Justice is to be administered to all citizens without denial or delay.
Courts are open to every person for redress of any injury.
Guarantees the right to appeal a final order.
True or False: If the legislature abolishes a cause of action, a reasonable alternative must be provided.
True - unless the legislature can demonstrate a compelling public necessity for abolition of the right and no alternative method of meeting such public need can be established. The Kluger Doctrine.
What is the Kluger Doctrine:
Holds that if the legislature abolishes a cause of action, a reasonable alternative must be provided unless
(i) the legislature can demonstrate a compelling public necessity for abolition of the right;and
(ii) no alternative method of meeting such public need can be established.
True or False: The right to privacy is expressly granted in the Florida Constitution?
True
What is the privacy right under FL Constitution?
Person has a right to be free from government intrusion into their private life.
Does the state have an interest in protecting viable fetuses?
Yes - it is compelling and allows the state to make restrictions.
Does the FL Constitution allow the legislature to adopt laws requiring that a parent of a minor be notified of an abortion?
Yes so long as there is a judicial process for waiving the notice requirement.
What is Florida’s Sunshine Laws?
Every person has the right to inspect and copy any public record not made confidential by the Florida Constitution.
When may the legislature provide exemptions from access to public records and meetings?
When the law states with specificity the public need justifying the exemption and the law is no broader than necessary to accomplish the goal.
What is the rule regarding meetings of state and local public bodies?
If official acts or business is transaction must be open and noticed to the public.
What is the attorneys limit on malpractice contingency fee?
30% of the first $250k
10% of any damages above $250k
