Indiana Constitutional Law - Indiana Bar Exam

Front 1

SPECIAL LAWS:

A "Special Law" applies only to "particular" _____________ or _______________?

Back 1

Persons

or

Locations

Front 2

SPECIAL LAWS:

"Is it Valid?"

Three (3) Part Test?

Back 2

1. Does it apply only to one group or location?,

2. Is there a possibility that other groups or locations could enter the category?

3. Are there "special or unique" circumstances which make a General Law inapplicable?

Front 3

SPECIAL LAWS:

When dealing with "special laws", the Court will give the Legislature ______________?

Back 3

Substantial Deference

Front 4

SPECIAL LAWS:

Is a population classification violative of a "special law"?

Two (2) Part Test:

Back 4

1. Rational Basis for the classification?

2. Could other localities eventually qualify?

Front 5

SPECIAL LAWS:

Some examples of INVALID special laws?

Back 5

- granting individual divorce

- designating punishment for particular individuals

- vacating certain roads and alleys

Front 6

GERMANENESS (Single-Subject Laws):

General Rule?

Back 6

Laws must be confined to a "single subject"

Front 7

GERMANENESS (Single-Subject Laws):

When dealing with "Germaneness", the Court will give the Legislature ______________?

Back 7

Substantial Deference

Front 8

GERMANENESS (Single-Subject Laws):

TEST: Is there a _______________, between the matters in the act such that they fall under _____________?

Back 8

"Rational Unity"

"One Subject"

Front 9

Judicial Branch:

Is the Judicial Branch allowed to give "advisory opinions"?

Back 9

YES

Front 10

Judicial Branch:

The Supreme Court has "Nonwaivable" Review in what type of cases?

What is the Standard of Review?

Back 10

Death Penalty cases

Independent De Novo Review

Front 11

CORE VALUES or FUNDAMENTAL RIGHTS:

Price v. State Ruling?

Back 11

The State cannot impose a "Material Burden" on a "Core Constitutional Right"

Front 12

FREEDOM OF EXPRESSION:

What are the two (2) types of "core value political speech"?

Back 12

1. matters of public concern, and

2. directed towards a political or public actor

Front 13

FREEDOM OF RELIGION:

Seven (7) Clauses?

Back 13

1. Right to Worship

2. Right to Opinion / Beliefs

3. Choice of Religion

4. No Religious Test for Public Office

5. No Public Money for Benefit of Religion

6. Witness Competency

7. Oath based on one's conscience

Front 14

FREEDOM OF RELIGION:

Can you make someone take a ID photo?

Can you question on religion in Voir Dire?

Back 14

NO


YES

Front 15

EQUAL PRIVILEGES & IMMUNITIES:

Legislature is given ____________ by the Courts?

Back 15

Substantial Deference

Front 16

EQUAL PRIVILEGES & IMMUNITIES:

The "Collins v. Day" Test:

(3) Parts

Back 16

1. Is there a classification?

2. If yes, does the favored class get preferential treatment?

3. Is there a sub-class?

Front 17

EQUAL PRIVILEGES & IMMUNITIES:

Step 1: Is there a classification? -

What do you look for?

Back 17

Two groups of people treated differently

Front 18

EQUAL PRIVILEGES & IMMUNITIES:

Step 2: Does the favored class get preferential treatment? -

If yes... then what?

Back 18

Is the preferential treatment "rationally related" to the law in question?

Front 19

EQUAL PRIVILEGES & IMMUNITIES:

Step 3: Is there a Sub-Class?

What does this mean?

Back 19

If people who are "similarly situated" in the same class, are treated differently, the law will be struck down.

Front 20

EQUAL PRIVILEGES & IMMUNITIES:

What is the burden on the challenger?

Back 20

To prove or disprove "every conceivable basis" which might have justified the classification.

Front 21

Search and Seizure:

The test is whether...?

Back 21

the search was "Reasonable"

Front 22

Right to Confrontation:

What does the Indiana Constitution guarantee you?

Back 22

FACE - to - FACE

Front 23

Arrest or Confinement without "UNNECESSARY RIGOR":

What type of cases is this generally related to?

Back 23

Cases of "Extreme Physical Force"

Front 24

CRUEL AND UNUSUAL PUNISHMENT:

Indiana's two (2) Requirements:

Back 24

1. Proportionality of Sentence

2. No Imposition of Cruel or Unusual Punishment

Front 25

CRUEL AND UNUSUAL PUNISHMENT:

"Proportionality" - Two (2) part test?

Back 25

1. Nature and Gravity of "Current Offense", and

2. Prior Offenses

Front 26

Penal Code Shall be Founded on "REFORMATION":

This applies to the system ________________, not to ________________?

Back 26

As a Whole

not to Individual Treatment

Front 27

RIGHT TO COMPENSATION FOR "TAKINGS":

Property Compensation = ?

Back 27

Value of Property
+
Damage to Property
-
Benefits

Front 28

RIGHT TO COMPENSATION FOR "TAKINGS":

Services -

Was it a "taking"? (2) part test:

Back 28

1. Have the services been historically paid for?

2. Were they demanded? (did you feel obligated to comply?)

Front 29

EDUCATION:

GA must provide: What three (3) things?

Back 29

1. uniform system

2. equity in spending

3. tuition w/o charge

Front 30

PROPERTY TAXATION:

Must be based on?

Back 30

Property Wealth

Front 31

PROPERTY TAXATION:

"Uniform and Equal" Taxation is NOT based on?

Back 31

FMV

Front 32

PROPERTY TAXATION:


"Uniform and Equal" Taxation IS based on? (3)

Back 32

1. uniform assessments

2. uniform rates

3. equal valuations

Front 33

(4) Step Analysis to Reviewing Indiana Constitutional Claim?

Back 33

1. The Text

2. The History

3. General Purpose of the Const., and then

4. Case Precedent