Individual Rights

Question 1

Equal Protection

Answer 1

• applies ONLY ot natural persons, female and male alike

- State action required

Question 2

Equal Protection Inalienable Rights

Answer 2

• the right to enjoy and defend life and liberty
• to pursue happiness
• to be rewarded for industry and
• to acquire, possess, and protect property

Question 3

Equal Protection - No discrimination based on:

Answer 3

Race

Religion

National Origin or

Physical Disability

Question 4

Strict Scrutiny

Answer 4

requires a compelling state interest

Question 5

Rational Basis

Answer 5

requires the law be rationally related to a legitimate state interest

Question 6

Intermediate Scrutiny is used for

Answer 6

Freedom of speech and obligation of contracts cases

Question 7

Due Process

Answer 7

No persona may be deprived of life, liberty, or property without due process of law

Procedural due process in Florida extends to action by private organizations exercising quasi-public functions

Question 8

Double Jeopardy/Self-Incrimination

Answer 8

No person may be twice put in jeopardy for the same offense or be compelled in any criminal matter to be a witness against himself.

Right to remain silent extends to proceedings before administrative agencies that are essentially penal in nature (e.g., license revocation hearing.)

Question 9

Freedom of Religion

Answer 9

• no establishment of religion by the government
• free exercise of religion to each individual
• religious freedom does not justify practices inconsistent with public morals, peace, or safety

Question 10

Freedom of Speech and of the Press

Answer 10

Florida’s constitution guarantees freedom of speech, and no state law may be passed abridging freedom of speech

Analyzed in the same manner as the First Amendment of the U.S. Constitution

Defendant in a defamation suit will be exonerated if the matter is proven true

Strong presumption in favor of public access to court proceedings

Question 11

Freedom of Assembly

Answer 11

right the assemble peaceably and to petition for redress of grievances

Also, the right to instruct their representatives

Question 12

Organized Labor

Answer 12

Right to Wok: cannot be denied a job because of non/membership in a union or be forced to show one

Collective Bargaining: both public and private employees have a right to collectively bargain but public employees do not have the right to strike

Strict Scrutiny applies because these are fundamental rights

Question 13

Military Power

Answer 13

Military power is to be subordinate to the civil

Question 14

Right to Bear Arms

Answer 14

Individual, 3 day waiting period, county may required a criminal history check

Question 15

Prohibited Laws

Answer 15

Florida Constitution prohibits:

1. bills of attainder: legislative acts referring to persons by name or clear reference in such a way as to inflict punishment on them without judicial trial
2. ex post facto laws: a law that makes an action done before the passing of the law criminal and punishable

3 laws impairing the obligations of contracts

Question 16

Limitations on Administrative Penalties

Answer 16

Administrative agencies cannot act as a court and levy penalties or impose jail unless statute expressly gives them the authority to do so.

Cannot grant non-quantifiable damages but can grant quantifiable damages such as loss wages

Question 17

Imprisonment for Debt

Answer 17

No imprisonment for debt unless fraud is involved

“Debt” is an obligation arising out of a contract and does not include fines for criminal punishment, tort action damages, taxes, alimony, or child support.

Question 18

Searches & Seizures

Answer 18

• Right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, and against the unreasonable interception of private communications by any means.
• Search warrants need PC supported by an affidavit describing the persons or places to be searched and or communications to be intercepted
• Conforms to the 4th Amendment of the USC.

Question 19

Habeas Corpus

Answer 19

Granted freely as of right

A solvent person may be charged a filing fee

Writ returnable without delay and may not be suspended unless a rebellion or invasion makes suspension necessary for the public safety

Question 20

Pretrial Release & Detention

Answer 20

Until adjudged guilty, every person charged with a crime or violation of a municipal or county ordinance shall be entitled to release on a reasonable bail.

Exception: persons charged with capital offenses or those punishable by life imprisonment may be denied bail if the proof of guilty is evident or the presumption of guilt is great

Couty has discretion in other instances

Question 21

Prosecution for Crime - Criminal Charges

Answer 21

If charged with a capital crime, need a grand jury indictment.

If charged with any other felony, need an indictment, or information filed under oath by the prosecuting attorney

Question 22

Prosecution for Crime - Children

Answer 22

• May be charged with delinquency

- May be tried as an adult upon their demand or by decision of the court on request of the state.

Question 23

Rights of the Accused and Victims

Answer 23

WAIVED if not demanded

• information of the nature and cause of accusation
• a copy of the charges
• compulsory attendance of witnesses
• counsel
• testify or refuse to testify
• speedy and public trial
• fair trial

Question 24

Victim’s Rights

Answer 24

Victims of a crime or their lawful representatives (next of kin in homicides) are entitled to be informed, present, and heard when relevant, at crucial stages of the criminal proceeding as long as it does not interfere with the constitutional rights of the accused

Question 25

Excessive Punishment

Answer 25

Constitution prohibits

• Excessive fines
• Cruel and unusual punishment
• indefinite imprisonment
• unreasonable detention of witnesses

Question 26

Access to Courts

Answer 26

justice shall be administered to all citizens without denial or delay, and that the courts are open to every person for redress of injury.

Every person is guaranteed to one right of appeal from a final order

Exception: Reasonable Alternative. If the legislature abolishes a cause of action, reasonable alternative must be provided unless the legislature can demonstrate a compelling public necessity for the abolition of the right and no alternative method of meeting such a public necessity can be established

Question 27

Right of Privacy

Answer 27

Explicitly in the constitution

Right to be let alone and free from governmental intrusion into their private life

Strict scrutiny applies

Question 28

Access to Public Records and Meetings

Answer 28

• Public Records: the right to inspect or copy any public record made or received in connection with the official business of any public body, etc.
• Public Meetings: all meetings of a state or local government public body at which official acts are taken, or at which public business is transacted or discussed must be open to the public and the public must be given reasonable notice of them

Question 29

Limitation of Lawyer’s Contingency Fees in Medical Cases

Answer 29

Florida Constitution limits the contingency fee that a lawyer may charge a client in medical liability cases to 30% of the first 250,000 and 10% of anything above 250K

Limitation applies whether the damages are received by judgment, settlement, or otherwise, regardless of the number of defendants.