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Florida Con Law > Three Branches of Govt > Flashcards

Three Branches of Govt Flashcards

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1
Q

The legislature is made up of two houses:

A

The Senate and the House of Representatives

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2
Q

The senate is composed of:

A

One senator from each senatorial district

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3
Q

Senators are elected for terms of:

A

Four years

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4
Q

Senatorial districts are staggered by districts so that:

A

New senators are elected every 2 years

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5
Q

The house of representatives is composed of:

A

One member elected from each representative district

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6
Q

Representatives are elected for terms of:

A

Two years, in even-numbered years

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7
Q

The term of any legislative office is limited to:

A

Four years

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8
Q

Officers, including the president of the senate and the speaker of the house of representatives, are chosen:

A

Every other year by the members of each house from the members of each house

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9
Q

Each member of the legislature must be:

A

At least 21 years of age;
An elector and resident of the district from which elected; and
A resident of the state at least two years prior to election

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10
Q

Vacancies in the legislative branch are filled only by:

A

Election

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11
Q

Apportionment is determined by the legislature following the:

A

Decennial census

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12
Q

How many senatorial districts and representative districts must be apportioned?

A

Between 30 & 40 senatorial districts and between 80 and 120 representative districts

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13
Q

How is apportionment done?

A

By joint resolution of the legislature. If the legislature does not adopt a joint resolution, the attorney general will petition the Florida Supreme Court to make the apportionment

If the legislature does adopt a joint resolution, the attorney general will petition the Florida Supreme Court for a declaratory judgment on the validity of the apportionment

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14
Q

When does the legislature convene?

A

14 days after a general election to organize and select officers

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15
Q

Regular sessions convene:

A

On the first Tuesday after the first Monday in March

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16
Q

The governor may convene a special session by:

A

Proclamation

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17
Q

Only three types of business may be conducted if a special session is convened by proclamation:

A

1) as stated in the proclamation;
2) as directed by a communication by the governor; or
3) as introduced by consent of 2/3ds of membership of both houses

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18
Q

A special session may not last longer than:

A

20 consecutive days unless extended by a 3/5ths vote of both houses

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19
Q

The presence of a majority of the membership constitutes:

A

A quorum

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20
Q

A smaller number than the quorum may:

A

1) adjourn; or

2) compel other members to attend to conduct business

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21
Q

Sessions of the houses are:

A

Public, with the exception that the senate may hold closed sessions to consider appointment or removal from public office

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22
Q

A member may be expelled by:

A

2/3ds vote of the relevant house

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23
Q

The legislature may not adjourn for more than:

A

72 consecutive hours, except by concurrent resolution of both houses

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24
Q

Any bill may originate in:

A

Either house

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25
Q

Passage of a bill requires:

A

A majority of each house

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26
Q

After passage in one house, the bill may be amended by the other, as long as:

A

The amendment does not violate the single-subject rule

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27
Q

A bill becomes an act once it is:

A

Enrolled. Once enrolled, the language of the act cannot be changed. It is then presented to the governor.

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28
Q

Every bill passed by the legislature must be presented to the governor for approval. A bill becomes a law if:

A

1) the governor approves and signs it; or

2) the governor does not veto it within seven days of presentation

29
Q

The legislature can override a governor’s veto by:

A

2/3ds vote

30
Q

Florida has a single-subject rule, which requires:

A

That a law can only contain a single subject. If a law contains more than one subject, the law can be challenged between the date of enactment of the statute until codification.

The court may delete the portion of the act that violates the single-subject rule, and the remainder may be allowed to stand if the unconstitutional provision can be logically separated from the remaining provisions

31
Q

What kind of budgeting process does Florida have?

A

An open process so that the citizens of Florida can understand where money for state expenditures comes from, how that money is appropriated, what goals are being met by that appropriation, how that money is eventually spent, and the results achieved.

32
Q

The Final Budget Report is required within:

A

90 days of the beginning of each fiscal year.

33
Q

What is a general law?

A

A law that applies to the state populace at large.

General laws must comply with single-subject and descriptive title requirements.

34
Q

What is a special law?

A

A law that either:

1) applies only to a particular class of people or objects; or
2) is local in applicability (applies only to a certain geographical area) (aka “local law”)

35
Q

A special law may not be passed unless either:

A

1) notice of intention to seek enactment has been properly published; or
2) the law was approved by a majority of voters in the area affected by the law

36
Q

A special law cannot encompass a prohibited category as enumerated in the Constitution, including:

A

rules of evidence, divorce, adoption, and transfer of property are all areas in which citizens benefit from uniform application of the law within the state

37
Q

General Laws of Local Application are:

A

laws that apply specifically to areas or counties with a specific population (aka “population act”)

38
Q

For a general law of local application to be valid:

A

1) the subject matter of a population act must be reasonably related to the population specified in the act;
2) the application must be open-ended and not tied to population after enactment; and
3) the act cannot encompass a prohibited category as enumerated in the constitution

39
Q

Changes to the state constitution may be made:

A

by legislature (requiring 3/5ths vote of members of both houses)
by revision commission
by initiative
by constitutional convention
by a taxation and budget reform commission

40
Q

A revision commission is to meet:

A

in 2017 and then at 20-year intervals. It will have 37 members

41
Q

An initiative allows citizens:

A

the exclusive right to amend the constitution by initiative.

42
Q

A constitutional convention can be called:

A

when a petition is filed that is signed by 15% of voters statewide in the preceding presidential election; and

approved by at least 15% of votes cast in at least half of the congressional districts in the state of Florida in the preceding presidential election.

43
Q

Responsibilities of the governor:

A

1) ensuring that the laws are faithfully enacted;
2) commissioning all officers of the sate and counties;
3) transacting all necessary business with officers of the government; and
4) serving as the commander-in-chief of all military forces in the state that are not in active service with the federal government

44
Q

The governor has the power to:

A

1) initiate judicial proceedings in the name of the state;
2) request in writing the opinion of the justices of the supreme court about the interpretation of the constitution;
3) call out the militia, but only in specified circumstances;
4) inform the legislature of the condition of the state, propose reorganization of the executive department, and recommend measures in the public interest; and
5) unless otherwise provided in the constitution, fill by appointment any vacancy in a county or state office

45
Q

The lieutenant governor becomes governor if:

A

there is a vacancy in the office of governor

LT Gov becomes acting governor if the governor is impeached, until the completion of trial; during the governor’s physical or mental incapacity, until capacity is restored

46
Q

The governor, LT governor, and members of the cabinet are elected:

A

for 4 year terms

47
Q

Elections take place in even years that are not:

A

a multiple of 4 (i.e., not at the same time as a presidential election)

48
Q

The cabinet is comprised of:

A

the attorney general, chief financial officer, and commissioner of agriculture

49
Q

Conflicts between public duty and private interests is governed by:

A

the Code of Ethics. It applies to all state employees and non-judicial officers

50
Q

Who may be subject to impeachment?

A

The governor, LT governor, cabinet members, and judges of district courts of appeal, circuit courts, and county courts

51
Q

The house of reps can impeach by:

A

2/3ds vote

52
Q

Impeachment by the house is tried by the:

A

senate and requires a 2/3ds vote

53
Q

The governor may:

A

suspend fines and forfeitures;
grant reprieves of up to 60 days;
and (with approval of at least 2 cabinet members) grant full or conditional pardons, restore civil rights, commute punishment, and remit fines and forfeitures

54
Q

In the case of treason, the governor may:

A

grant a reprieve until the adjournment of the regular session of legislature. The legislature may grant a pardon or further reprieve, if not, the sentence will be executed

55
Q

For a citizen to challenge a law, he must prove:

A

a distinct injury and the nature of the wrong that will negatively affect him in a manner distinct from anyone else similarly situated

56
Q

Taxpayer standing only exists upon a showing of:

A

special injury that is distinct from that suffered by other taxpayers in the taxing district. Otherwise there is no taxpayer standing

57
Q

Is associational standing allowed?

A

Yes

58
Q

Standing may be granted by:

A

statute.

59
Q

The FL Supreme Court is comprised of:

A

seven justices, with five justices constituting a quorum

60
Q

Four justices must:

A

concur for a decision

61
Q

The court must have at least:

A

one resident justice elected or appointed from each appellate district

62
Q

The requirements for the district court of appeals:

A

1) Each district court of appeals must have at least 3 judges;
2) Each case must be considered by 3 judges, 2 of whom must concur in a decision.

63
Q

A justice of the Florida Supreme Court or a judge of district court of appeals must be:

A

a member of the Bar of Florida at the time of appointment and for 10 years prior to appointment.

64
Q

A circuit judge or county judge must be:

A

a member of the Bar of Florida at the time of appointment and a member for 5 years prior.

But the 5 year rule is waived for a county having a population of 40,000 or fewer

65
Q

Judges and justices may be retained by:

A

1) election
2) merit selection (only permissible for circuit court judges and county judges and must be instituted by constitutional process)

66
Q

Retention of a judge will last for:

A

six years

67
Q

Justices and judges are forbidden from:

A

1) engaging in the practice of law; and

2) holding office in any political party

68
Q

Administrative Officers of judicial branch include:

A

1) Chief Justice of FL Supreme Court
2) Chief Judge for each district court of appeals
3) Chief Judge for each circuit court
4) Clerks of the circuit court

69
Q

Every judicial circuit will have a state attorney and public defender who is elected for:

A

terms of 4 years

Florida Con Law (6 decks)

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