Indiv. Right

Question 1

True or False: The Declaration of Rights in Florida’s constitution contains more articulated rights than the Bill of Rights.

Answer 1

True

Question 2

What is required to bring an equal protection claim in Florida?

Answer 2

There must be government action - only governmental entities are prohibited from discriminating.

Question 3

True or False: For Equal Protection, Florida uses the same standards of review as the Federal Con Law.

Answer 3

True

Question 4

In Florida, what are the suspect classes subject to strict scrutiny?

Answer 4

Race
Religion
National Origin
Physical Disability

Question 5

What is Florida’s Strict Scrutiny Standard?

Answer 5

The Government must prove that the act is necessary to achieve a compelling government interest and is narrowly tailored to advance that interest.

Question 6

When does the rational basis apply?

Answer 6

When there is no suspect class or no fundamental right is at issue - challenger has the burden of proof.

Question 7

What is Florida’s Rational Basis Standard?

Answer 7

The government action is upheld unless the challenger cna prove that the action is not rationally related to an legitimate government interest.

Question 8

Does Florida have a limitation on the right to exercise religion?

Answer 8

Yes - Religious freedom does not justify practices that are inconsistent with public morals, peace, or safety.

Question 9

What is one additional protection that Florida’s constitution grants in addition to the Freedom of Speech and Freedom of Press?

Answer 9

The FL constitution provides that people have the right to instruct their representatives.

Question 10

Does the FL Constitution protect the right to work?

Answer 10

Yes - it provides that no person may be denied a job because of membership or non-membership in a labor union.

Question 11

True or False: Public and private sector employees have the right to collectively bargain.

Answer 11

True

Question 12

True or False: Public and private sector employees have the right to strike.

Answer 12

False - Public sector employees have no right to strike.

Question 13

Is the right to work a fundamental right in Florida?

Answer 13

Yes

Question 14

True or False: FL Constitution requires a 7 day waiting period between the retail purchase and delivery of a handgun.

Answer 14

False - the constitution requires a 3 day waiting period. Counties can impose additional 3-5 day period and a background check.

Question 15

Is the FL Due Process protection the same as federal?

Answer 15

Yes

Question 16

In Florida, is impairing of a contract prohibited?

Answer 16

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.

Question 17

True or False: The constitution prohibits imprisonment for debt.

Answer 17

True unless fraud is proved - protection is limited only to contracts.

Question 18

True or False: The protection against imprisonment for debt extends to unpaid alimony, child support, taxes, tort damages, or criminal punishment.

Answer 18

False - only extends to contract where fraud is not at issue.

Question 19

True or False: The Fl Right to Searches and Seizures is the same as the rights under the 4th Amendment to the Federal Constitution.

Answer 19

True

Question 20

Can an administrative agency punish by imprisonment?

Answer 20

No - penalties are limited to those authorized by law.

Question 21

What is the access to justice principle in Florida?

Answer 21

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.

Question 22

True or False: If the legislature abolishes a cause of action, a reasonable alternative must be provided.

Answer 22

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.

Question 23

What is the Kluger Doctrine:

Answer 23

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.

Question 24

True or False: The right to privacy is expressly granted in the Florida Constitution?

Answer 24

True

Question 25

What is the privacy right under FL Constitution?

Answer 25

Person has a right to be free from government intrusion into their private life.

Question 26

Does the state have an interest in protecting viable fetuses?

Answer 26

Yes - it is compelling and allows the state to make restrictions.

Question 27

Does the FL Constitution allow the legislature to adopt laws requiring that a parent of a minor be notified of an abortion?

Answer 27

Yes so long as there is a judicial process for waiving the notice requirement.

Question 28

What is Florida’s Sunshine Laws?

Answer 28

Every person has the right to inspect and copy any public record not made confidential by the Florida Constitution.

Question 29

When may the legislature provide exemptions from access to public records and meetings?

Answer 29

When the law states with specificity the public need justifying the exemption and the law is no broader than necessary to accomplish the goal.

Question 30

What is the rule regarding meetings of state and local public bodies?

Answer 30

If official acts or business is transaction must be open and noticed to the public.

Question 31

What is the attorneys limit on malpractice contingency fee?

Answer 31

30% of the first $250k

10% of any damages above $250k