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135 Cards in this Set
- Front
- Back
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Encroachment |
FL. Constitution allows legislative duties to be delegated to executive branch. However, cannot offer agency unfettered power. |
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Strict Scrutiny |
Race Religion National origin Physical disability Content‐based regulations (First Amendment) |
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Intermediate Scrutiny |
Gender Illegitimacy Content‐neutral regulations or time, place, and manner restrictions (First Amendment) Tax incentives regarding child care Widow vs. widower benefits Gun control |
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Fundamental Rights in the State of Florida |
o To enjoy and defend life and liberty; o To pursue happiness; o To be rewarded for industry; and o To acquire, possess, and protect property (including business licenses). |
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Right to work |
o Individuals may work without regard to membership status in a union. o Employees have the right to collectively bargain. o Public employees do not have the right to strike. |
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Right to Bear Arms |
o There is a 3 day waiting period between purchase and delivery of ahandgun (excluding weekends and holidays), but the waiting period does not apply to: Concealed weapons permit holders; and Tradeins of another handgun. |
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Due Process |
Entitled to notice and hearing. The state's action cannot be unreasonable, arbitrary, or capricious. |
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For a warrant to be issued, it must be based on: |
o Probable cause; and o An affidavit that meets the requirements of the Fourth Amendment |
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Habeas Corpus |
The writ must be granted as a matter of right: (1) Freely (2) Without cost (3) Without delay |
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Pretrial Detention |
Every person charged with a crime is entitled to pretrial release unless: (1) charged with capital offense punishable by life OR (2) proof of guilt or the presumption is great. Detain accused to protect community or assure accused's presence at trial. |
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What are the requirements to be tried for a capital crime? |
Presentment or indictment by grand jury. |
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What are the requirements to be tried for a felony other than a capital crime? |
Presentment indictment by grand jury OR information under oath. |
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Forbidden as excessive punishment: |
(1) Excessive fines (2) Cruel and unusual punishment (3) Indefinite imprisonment (4) Unreasonable detention of witnesses |
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Death penalty (judge or jury determines facts necessary to impose death penalty?) |
A jury—rather than the judge—must determine all the facts necessary to impose the death penalty. |
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Administrative penalties |
No administrative agency may impose a sentence of imprisonment (exception = Dept. of Military Affairs). |
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Access to the Courts and Trial by Jury |
If access to courts is limited, then SS applies. If legislature restricts access to ct system, it must (1) provide reasonable alternative or (2) show there is no other way to accomplish an overwhelming public need. Legislature cannot abolish a common law cause of action unless it creates an alternative. |
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If the Legislature abolishes a cause of action, but creates anadministrative agency to handle similar claims, is that reasonable? |
Yes. |
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Right to Privacy |
Fundamental right in FL Constitution. Requires strict scrutiny. Right to (i) be left alone, and (ii) be free from governmental intrusion into private life. Must have reasonable expectation of privacy for the activity. |
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Access to Public Records and Meetings |
Every person has the right to request, inspect, and obtain a copy of any public record made or received in connection with any official business of any public body. Excludes—records specifically made confidential by the legislature. |
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If two or more public officials meet for the purposes of conducting public business, what must happen? |
Mmeeting must be noticed to the people. |
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The legislative branch |
40 Senators (4 yr terms) 120 Representatives (2 yr terms) Legislators can serve 8 consecutive yrs max. Vacancies are filled by election, NOT by appointment. Must be at lease 21, a permanent resident, and a registered voter in their district. |
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Legislative sessions |
Regular session - Lasts at most 60 consecutive days. Must balance budget. Special session - Called by governor. Lasts at most 20 consecutive days. Limited to topic governor called session for unless 2/3 of each house vote to change topic. Sessions are public. Quorum - majority of each house. |
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Laws Proposed legislation (requirements of a bill) |
Bills require 3 readings. All bills must have a title and the enacting clause ("Be it Enacted by the Legislatureof the State of Florida:"). Bills pass by a majority vote of each house. |
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How many subjects must a law embrace? |
ONE. Every law must embrace a single subject. Prevents logrolling (merging two bills together) and provides fair notice to the people. |
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Passage of a bill |
Must be presented to governor. (1) Governor signs - Bill becomes law (2) Governor does not sign - depends on whether legislature is in session. If in session, then if governor does not veto bill within 7 days, it becomes law. If not in session, then if governor does not veto bill within 15 days of presentation, it becomes law. (3) Governor veto - 2/3 vote of each house can override. |
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When does a law go into effect? |
Generally, 60 days after adjournment sine die, but legislature can specify another day. |
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General laws |
Most common. Apply uniformly throughout the state. |
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Special laws |
Cover a specific class, object, or geographical location. Sometimes referred to as "local" laws. Two ways special law to be enacted: (1) By legislature OR (2) People in geographical location vote on law via referendum. In both cases, notice must be provided to the people in a newspaper of general circulation. |
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General laws of local application |
Uses a classification scheme, usually based on population. The object of the law must be able to grow into and out of the population classification (i.e., it must be open‐ended); It must be reasonably related to the classification scheme; and It must not cover one of the prohibited laws categories. Example: A law states that if your county has a population between 50,000and 100,000 people, then there must be barricades on the nudist beaches. This is an acceptable general law of local application. Exam Tip: CAUTION: If a question appears to be about a general law of localapplication because you see a population range, do not automatically assumethat the law is a general law of local application. If the law fixes a point in timefor the determination of the population, then it will likely be a special law. Example: Assume the law above applied to "counties between 50,000 and100,000 people as of the last census." This is a specific point in time and it is NOT open‐ended, meaning it is a special law. |
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Prohibited Laws |
If the law relates to an issue for which uniform application of the law would be desirable, then it is likely a prohibited law. |
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Appropriations Bills (deal with money ONLY, not substantive law) |
o Legislature may use its inherent authority to make law, but if at the same time it is also making substantive law in the budget, it is unconstitutional. o Qualifications must be rationally related to the purpose of using money. |
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Apportionment |
Senate - No fewer than 30 senators and no more than 40. Representatives - No fewer than 80 and no more than 120. |
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Fair Districts Laws |
Cannot draw districts that favor one political party, by race, or by language. Districts must be contiguous territory (drawn up next to each other), equal population (if possible), compact, and use existing political and geographical boundaries if possible. |
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The Executive Branch |
Governor Lieutenant Governor Cabinet (AG, CFO, CA) |
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Governor |
Administers and executes the law. CEO of the state. Chief administrative officer of the state. Commander of Florida national guard when they are not in active service with the U.S. Chair person in meetings with Cabinet. Authority to request advisory opinions from FL Supreme Court on constitutional questions. |
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Lieutenant Governor |
Becomes Governor when there is a vacancy. Performs duties Governor gives to him. Only statewide official who may also hold a second office simultaneously (e.g., the head ofan agency). |
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Cabinet |
Three members who are independently elected. When there is a tie, Governor's vote decides the outcome. G and LG are not members of cabinet. AG, CFO, CA. |
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Attorney General |
Chief legal officer. Issues advisory opinions that are not binding but entitled to greatweight by the courts (only people in state or local government can ask for AG opinions). In charge of cases that cover more than one judicial circuit. |
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Chief Financial Officer (CFO) |
Settles and approves accounts against the state Keeps all state funds and securities |
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Commissioner of Agriculture |
Supervises all agricultural concerns |
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Elections and Qualifications |
o Governor and lieutenant governor must form a ticket for the general election. o Governor, lieutenant governor, and cabinet are all elected to four‐year terms. o Generally limited to two consecutive four‐year terms (but there is no lifetime limit on the number of terms a person may serve). |
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The judiciary |
FL Supreme Court DCA Circuit Court County Court |
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FL Supreme Court |
7 Justices. Quorum = 5. Appointed by Governor. Head of court = Chief Justice (2 yr term) Concurrence of 4 justices is necessary for a decision. |
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Mandatory jurisdiction: The supreme court must hear appeals: (highly tested) |
(1) Death penalty, (2) decisions of DCAs declaring state statute or provision in state constitution invalid, (3) validation of bonds or certificate of indebtedness proceedings, AND (4) final orders from statewide agencies relating to utility rates or services (electric, gas, telephone service). Everything else is discretionary. |
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District Courts of Appeal (5 of them) |
At least 3 Judges. Appointed by Governor. The concurrence of two judges is necessary for a decision. Hears appeals from final judgments and orders at trial level. |
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Circuit Courts (20 of them) |
o Civil cases where amount in controversy over $15,000. o Felony and misdemeanor criminal cases. o Appellate jurisdiction over most final judgments and orders of a county court. |
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County Courts (67) |
Civil cases in which the amount in controversy is $15,000 or less. |
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Judges |
Must be under 70. Must be permanent resident and registered voter in district. Circuit and County judges are elected by popular vote or Governor. (6 yr terms) |
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Attorney Qualifications and Discipline |
FL Supreme Court regulates admissions of people to practice law and the discipline of people admitted. |
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State Attorneys and Public Defenders |
Every judicial circuit has a state attorney and a public defender. (4 yr terms). No term limits. Must be a permanent resident and registered voter in the district, otherwise known as an elector. Must have been member of Florida Bar for preceding 5 yrs. |
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Taxation Common fact patterns: |
Does the government have the authority to impose a tax? Is the government using a fee as if it were a tax? A taxpayer's ability to sue the government. Standing: Florida allows for limited taxpayer standing, if the taxpayer can showa distinct injury from that of other taxpayers. |
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Ad Valorem Taxation |
State may not engage in ad valorem taxation (i.e., taxes based on the value of real property or tangible personal property). Only local governments can engage in ad valorem taxation. All other forms of taxation are reserved by the state. |
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General rules of taxation |
Legislature has broad power to authorize taxation by general law. State must have a balanced budget. State revenues are limited to the revenue allowed for the prior year plus an adjustment for growth. Excessive collections go into the budget stabilization fund until the fund reaches a specific balance, then anything over the balance must be returned to tax payers. |
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Licenses |
State may issue taxes by virtue of licenses on goods such as motor vehicles, boats, airplanes, trailers, trailer coaches, and mobile homes. |
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State treasury |
No money may be drawn from the state treasury except as related to an appropriation made by law. |
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How can new taxes or fees be imposed by constitutional amendment? |
2/3 vote. |
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Exemptions from Ad Valorem Taxation |
1) Municipal Property 2) Community and Economic Development 3) Historic Preservation 4) Tangible Personal Property 5) Conservation 6) Homestead Exemption |
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Municipal Property |
Municipal property used exclusively for a municipal or public purpose is not subject to taxation. Requires a vote by electorate to make property exempt. Example: Municipal purposes include animal control, parks,recreation, public safety, water and sewer, and transit.Public purposes include scientific, charitable, educational, andliterary purposes. |
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Community and Economic Development |
A county or municipality (citizens vote) may grant ad valorem tax exemptions to new biz and expansions of existing biz. Requires a vote by electorate to make property exempt. |
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Historic Preservation |
A county or municipality may grant historic preservation advalorem tax exemptions to owners of historic properties. |
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Tangible Personal Property |
Some counties impose an ad valorem tax on tangible personal property used in a biz or for commercial purposes. $25k of the assessed value of property subject to tangible personal property tax is exempt from this tax. |
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Conservation |
Real property dedicated in perpetuity for conservation purposes is exempt from taxation. |
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Homestead Exemption Establishing a homestead for purposes of the tax exemption: |
o The real property must be located in Florida; and o The property must be the permanent residence of the owner or another personwho is legally or naturally dependent on the owner. |
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Exemption amount |
o The first $25,000 of the property's assessed value is exempt from all taxes; and o An additional $25,000 of the assessed value in excess of $50,000 is exempt fromall taxes except school district levies. |
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Special benefit assessments |
excluded from the exemption |
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Other exemptions |
(1) Elderly, disabled veterans—age 65 or older with a combat‐related disability;entitled to a discount based on their level of disability (2) Surviving spouse of military veterans or first responders (3) Currently serving military personnel (4) Elderly, low‐income homeowners—the legislature has authorized counties andmunicipalities to provide either or both of the following homestead exemptions: o Age: 65 years or older; household income: $20,000 or less; exemptionamount: up to $50,000 o Age: 65 years or older; household income: $20,000 or less; property justvalue: less than $250,000; permanent residence on the property: 25 yearsor more; exemption amount: equal to the assessed value |
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Rates and Assessment |
Most property will be assessed at its fair market value. Assessments are made annually on January 1. Exceptions—the following properties may be valued at less than the just value: Agricultural land Working waterfront properties Historic property Property subject to a conservation easement Land producing high water recharge to Florida's aquifers "Granny flats" |
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Save Our Homes (SOH) Benefit |
o The annual change in a property's assessed value is limited to 3% of the assessment for the prior year or the percentage change in the Consumer Price Index, whichever is lower. o The assessed value cannot exceed the home's just value. o Sale of property—the new homeowner does not get the SOH exemption of the previous owner; the property is assessed at its just value as of January 1 of the year following the purchase. |
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Income Tax |
No personal income tax in FL. Corporations can be taxed in excess of 5.5 percent of net income. |
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Local Governments |
o Permitted to assess ad valorem taxes. o May be authorized by general law to levy other taxes. |
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Millage Rates |
One "mill unit"—equal to $1 in tax for every $1000 in assessed value. Maximum mill rates: County, Municipal, and School district purposes = 10 mills. Water management districts and special districts may add additional mills. |
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Fees |
Used for specific purposes. User fee Impact fee Special assessment |
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User fee |
If you engage in use of a facility or drive over a particular road, then you pay the fee. Example: Community center, paying a toll, parking garage. Should go back to the maintenance of the facility, road, etc. |
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Impact Fees (Mobility Fees) |
A developer will be charged for its impact on overall infrastructure of the county or municipality (e.g., impact on roads, sanitation system, schools, etc.). Developer will then subdivide fee among the homeowners who purchase lots. Mobility Fee—charged on new development to pay for off‐site transportation improvements that are necessitated by the new development |
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Special Assessments |
Community decides it wants additional benefit beyond what the county or city provides and agrees to be assessed a special assessment for benefit. Assessment goes away when project is completed. |
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Finance |
Deals with long‐term issuance of debt on behalf of state or local government for purposes of financing projects over a long period of time. FL must be self‐sufficient, operate on balanced budget, raise revenue, and may borrow for capital improvements (e.g., bridges, buildings, roads, airports, etc.). FL may not borrow for ordinary expenses. State funds may be appropriated to counties, school districts, municipalities, or special districts as provided by law. |
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Who is in charge of the investment strategy for the financing structure in Florida? |
Board of Trustees of State Board of Administration. o Chaired by governor; includes CFO (as Treasurer) and attorney general (as Secretary). o Day‐to‐day operations are governed by an executive director who reports to the Board. |
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State and local governments engage in financing through the issuance of |
Bonds and certificates of indebtedness. These are contracts with individuals who want to hold the debt for the state or a municipality and earn a rate of return (profit). |
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General Obligation Bonds (State Bonds) |
When state issues general obligation bonds, state is pledging full faith and credit of state of FL. Bonds cannot be issued for ordinary expenses. General obligation bonds generally require a vote of the electorate. Exceptions: Water pollution control and abatement; Solid waste disposal facilities; To finance or refinance the cost of acquiring real property or the rights thereof for state roads or state bridge construction; Conservation; and Historic preservation. o Total outstanding principal cannot exceed 50 percent of general tax revenue of the state for the preceding two fiscal years. |
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Revenue Bonds |
o Bondholders are repaid by revenue generated from project. They have no other recourse for payment. o No pledge of the full faith and credit of state of FL. o No vote of electors is required. o Used to finance or refinance the cost of state fixed capital outlay projects. |
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Local Bonds |
Local government bodies with taxing powers may also issue general obligation and revenue bonds. Elector approval is required for bonds maturing more than 12 months after issuance.
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Taxation and Budget Reform Commission |
Meets every 20 years and makes recommendations to legislature and the people on state budgetary process and collection of taxes. Limited to stuff regarding taxation and the budgetary process. |
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Counties |
A county can do everything the state can do. Laws enacted by county are called ordinances. Have home rule power. |
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Charter County (20) |
Established by charter. The charter may only be adopted, amended, or repealed by a vote of the electors of the county in a special election. Conflict between county and municipal ordinance—look to the county charter to see which controls. |
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Non‐Charter County (47) |
Typically more rural. Administered by a board of county commissioners. Conflict between a county ordinance and a municipal ordinance - municipal ordinance trumps the county ordinance. To the extent of a conflict with general law, the ordinance cannot be adopted. Exam Tip: If the question is silent as to what "type" of county is in question,then you must discuss the aspects of both charter counties and non‐charter counties. |
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County Officers Constitutional Officers |
Sheriff, supervisor of elections, clerk of the circuit court, property appraiser, and tax assessor. (4 yr term). Issue of term limits is local. |
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County Officers Commissioners |
Legislative body of county. Can be led by a chairperson or mayor. Elected in districts. (4 yr term). Issue of term limits is local. |
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Municipalities |
the incorporated areas of a county. Powers: Governmental Corporate Proprietary Possess home rule power via statute Have the ability to issue bonds Have the ability to earn a profit The purpose is to provide more efficient services May annex unincorporated area of the county May consolidate county and municipal governments May transfer powers to other municipalities after making preparations for debt. Exam Tip: If the question does not reference whether you are in a municipality, you should assume you are in a county. Look for words like "City,""Town," or "Village" to identify a municipality. |
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Voting and Elections |
Elections occur by secret ballot. General elections are determined by a plurality (over 33%). Electors have to be at least 18, permanent resident of FL, and registered by general law. Elector can be disqualified by conviction of a felony or adjudicated mentally incompetent. |
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School Districts |
o Each county is a school district. o School districts can merge following a referendum approving the merger. o School Board is the governing body; elected to 4‐year terms. |
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State Board of Education |
o Supervises the system of free public education o 7 members appointed by the governor to four‐year terms o Paramount duty of the Board to make adequate provision for education o Must be "uniform, efficient, safe, secure, and high quality system of free public schools" |
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State University System |
o Encompasses all public universities into a single entity o Governed by a board of governors having 17 members o Each university is governed by a board of trustees. |
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Eminent Domain |
The state may not take an individual's property for a public purpose without just compensation. The state must show a necessity for the property and it must pay FMV for the property. |
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An individual can experience a taking in two ways: |
o The state physically takes the property; or o The state engages in depriving a landowner of the substantial use and enjoyment of the property. |
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Inverse condemnation proceedings |
The owner (plaintiff) brings an action and shows that the state has substantially deprived the owner of the use and enjoyment of the property, or, by virtue of the state action, the state has taken the property and has not provided just compensation. |
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Homestead Property |
The real property owner has to have established his or her homestead as the owner'spermanent residence. |
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Size limitations |
Non municipal - up to 160 acres ofcontiguous land. In a municipality—up to 1/2 acre of contiguous land. |
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"Contiguous" |
Rivers running through the land—contiguous Roads built across the land—contiguous IF you own the land under the road Subsequently acquired parcel—may become part of a homestead if contiguous with thehomestead |
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Nonresidential use |
The homestead may include property that is used for nonresidential purposes (e.g., a farm or business), if that property is contiguous to the property on which the residence is located and the total acreage does not exceed 160 acres. |
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Personal property |
Up to $1,000 of personal property may be protected from forced sale. |
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Protection from Forced Sale |
"Forced sale" means that a creditor is coming after your assets and is trying to attachyour home as the asset. A creditor is not able to liquidate the home if you have established it as your residencyor intend to establish it as your residency. |
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Exceptions (situations in which a creditor may force the sale of the homestead) |
Taxes—state and federal Mortgages—incurred for the purchase, improvement, or repair of the homestead Mechanics lien—for labor performed on the homestead Civil forfeiture |
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Requirements for Claiming the Homestead Protection from Forced Sale |
Must be a natural person (cannot be a corporation), can be a fee simple interest if sole owner or tenant in common, or can be a life estate entitled to present possession. Generally, leaseholds are not protected. o Temporary absence—so long as it is a reasonable time, a temporary absence from the homestead will not constitute an abandonment of the homestead o Insurance proceeds or casualty to the property—also protected by the homestead exemption from forced sale so long as you intend to reestablish a physical presence on apiece of real property. |
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Devise of Homestead Property |
Homestead may not be devised if owner is survived by spouse or minor children. If the owner is not survived by any minor children, then the owner may devise the homestead property to the owner's spouse (cannot be a life estate, must be fee simple). Surviving spouse can waive homestead right. |
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Alienating Homestead Property |
o The owner of the homestead, joined by the spouse (if married), can alienate the property by mortgage, gift, sale, etc. Exam Tip: Look for situations where the owner tries to devise the property but the spouse is not joined. o The spouse must consent to the alienation by the owner. |
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If a spouse and minor children survive homestead owner, what interest do they have? |
Spouse has a life estate and minor children have a remainder (all children will be tenants in common when they get the remainder). |
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Selling one homestead to buy another |
Ifthe owner voluntarily sells the homestead, then the proceeds from the saleretain their exempt status so long as the seller intends to: (1) reinvest theproceeds in another homestead within a reasonable time, (2) keeps the fundsseparate, and (3) does actually reinvest the proceeds. |
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Changes to the Constitution |
(1) Legislature - May propose amendments to any part of constitution via join resolution of both houses. Must be agreed to by 3/5 of the members of each house. (2) Revision Commission - Meets every 20 yrs. Has plenary authority to propose amendments to any part of the constitution. (3) Initiative Petition - Citizens can amend constitution by initiative. Can only address one subject. (4) Constitutional Convention - Called to consider revising entire constitution. (5) Amendments - effective if approved by at least 60% of electorate that votes. |
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FL patient-physician rule |
FL prohibits a physician from discussing a patient’s medical issues without theconsent of the patient. However, this is not an evidentiary privilege,and if a court gives notice to the patient and compels the physician to providemedical records, the physician must comply. |
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Subpoena |
In FL, a subpoena may be issued for the production of tangible evidence and may be issued by the clerk of the court or any attorney on record in an action, so long as the request is not unreasonable or oppressive. Normally, a subpoena is issued as a discovery tool. Thus a civil or criminal case would have to be filed before sending out a subpoena. |
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In Florida, a statute/law must be the following to be valid: |
(i) only embrace one subject, which must be briefly expressed in the statute title (title must show a reader what law is about); (ii) have language that is not vague or overbroad; and (iii) must be reasonably related to the public welfare. |
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When FL case and someone is harmed always think: |
Standing. Tohave standing, an individual must have suffered an actual harm or threat ofinjury. |
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Is the right to work a fundamental right? |
Yes, therefore SS. Applies when not allowed or required to join unions. |
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Can legislature alter jurisdiction of the courts? |
Yes, but only by Constitutional Amendment. |
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If legislature/executive is adding powers or taking away power from other branches, think: |
Separation of powers. Mention there are three branches and they should be separate. Cannot infringe on power of another branch. Checks and balances. Write "FLConstitution guarantees the separation of powers." |
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What does the legislature need to alter the jurisdiction of the courts? |
A Constitutional amendment. |
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Access to the courts |
Underthe Florida Constitution, the courts are open to every person for redress ofany injury, and justice shall be administered without sale, denial, ordelay. Any challenge to this right is subject to a strict scrutinytest. |
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Religious constitution clauses |
Establishment clause Free exercise clause |
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Establishment clause in FL |
Establishment Clause provides that the government cannot favor one religionover another or favor religion over nonreligion. Florida Establishment Clause is more restrictive than U.S. Constitution. Cannot take money from public treasury for any religious purpose. |
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Free exercise clause |
Can practice any religion or believe in anything. |
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Administrative search in school |
Administrative search in a public school is valid if based on reasonable grounds, the measures are reasonably related to objectives of search, and search is not excessive in light of age and sex of the student and nature of infraction. |
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Is a reasonable suspicion or probable cause required to search in schools? |
No. But, it is required that the schools articulate at least a moderate chance of finding expected evidence to conduct search. |
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Taking standard |
A government’s seizure of private propertymust be rationally related to a conceivable public purpose. |
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Regulatorytaking |
Governmentregulation limits uses of private property that deprives property owners of economically reasonableuse or value of their property, even though the regulation does not formallydivest them of title to it. |
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Commercial speech |
IS. Restrictions on commercial speech are reviewed under a four-part test: (i) the commercial speech must concern lawful activity and be neither false nor misleading, (ii) the asserted governmental interest must be substantial, (iii) the regulation must directly advance the asserted interest, and (iv) the regulation must be narrowly tailored to serve that interest. |
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Impairmentof contracts |
U.S. Constitution prohibits the states from passing any law impairing the obligation of contracts. State legislation that substantially impairs a contract between private parties is invalid, unless the government can demonstrate that the interference was reasonable and necessary to serve an important governmental interest. (SS) |
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Special law |
operates in specific part of state or upon particular persons or things. Legislature can enact special law, or people in geographic locationin question can vote on law via referendum. In both cases, the peoplemust be given notice in a paper of general circulation. |
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Can a city ordinance interfere with general or specific laws? |
No. |
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Who appoints justice of Supreme Court and judges of DCA? |
Governor. |
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Who appoints judges of other courts? |
Electorate votes. |
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Can courts other than the supreme court alter their rules of practice and procedure? |
No. The Florida Supreme Court has the exclusive power to adopt all rules of practice and procedure of all courts. Circuit courts, DCAs, county courts, cannot adopt their own rules of practice and procedures. Only Supreme ct can do that. |
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Access to the courts |
The courts are open to every person forredress of any injury, and justice shall be administered without sale, denial,or delay. |
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Whenstate is doing something to a citizen always talk about: |
Standing, Dueprocess (must be given notice and a hearing), and equal protection (equalprotection under the law and no discrimination [SS, IS, RB]) |
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Something to always mention |
Is it a state actor? |
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When ability to protest is limited always consider: |
Freedomof speech, assembly, and association. |
