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33 Cards in this Set

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SPECIAL LAWS:

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

or

Locations
SPECIAL LAWS:

"Is it Valid?"

Three (3) Part Test?
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?
SPECIAL LAWS:

When dealing with "special laws", the Court will give the Legislature ______________?
Substantial Deference
SPECIAL LAWS:

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

Two (2) Part Test:
1. Rational Basis for the classification?

2. Could other localities eventually qualify?
SPECIAL LAWS:

Some examples of INVALID special laws?
- granting individual divorce

- designating punishment for particular individuals

- vacating certain roads and alleys
GERMANENESS (Single-Subject Laws):

General Rule?
Laws must be confined to a "single subject"
GERMANENESS (Single-Subject Laws):

When dealing with "Germaneness", the Court will give the Legislature ______________?
Substantial Deference
GERMANENESS (Single-Subject Laws):

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

"One Subject"
Judicial Branch:

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

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

What is the Standard of Review?
Death Penalty cases

Independent De Novo Review
CORE VALUES or FUNDAMENTAL RIGHTS:

Price v. State Ruling?
The State cannot impose a "Material Burden" on a "Core Constitutional Right"
FREEDOM OF EXPRESSION:

What are the two (2) types of "core value political speech"?
1. matters of public concern, and

2. directed towards a political or public actor
FREEDOM OF RELIGION:

Seven (7) Clauses?
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
FREEDOM OF RELIGION:

Can you make someone take a ID photo?

Can you question on religion in Voir Dire?
NO


YES
EQUAL PRIVILEGES & IMMUNITIES:

Legislature is given ____________ by the Courts?
Substantial Deference
EQUAL PRIVILEGES & IMMUNITIES:

The "Collins v. Day" Test:

(3) Parts
1. Is there a classification?

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

3. Is there a sub-class?
EQUAL PRIVILEGES & IMMUNITIES:

Step 1: Is there a classification? -

What do you look for?
Two groups of people treated differently
EQUAL PRIVILEGES & IMMUNITIES:

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

If yes... then what?
Is the preferential treatment "rationally related" to the law in question?
EQUAL PRIVILEGES & IMMUNITIES:

Step 3: Is there a Sub-Class?

What does this mean?
If people who are "similarly situated" in the same class, are treated differently, the law will be struck down.
EQUAL PRIVILEGES & IMMUNITIES:

What is the burden on the challenger?
To prove or disprove "every conceivable basis" which might have justified the classification.
Search and Seizure:

The test is whether...?
the search was "Reasonable"
Right to Confrontation:

What does the Indiana Constitution guarantee you?
FACE - to - FACE
Arrest or Confinement without "UNNECESSARY RIGOR":

What type of cases is this generally related to?
Cases of "Extreme Physical Force"
CRUEL AND UNUSUAL PUNISHMENT:

Indiana's two (2) Requirements:
1. Proportionality of Sentence

2. No Imposition of Cruel or Unusual Punishment
CRUEL AND UNUSUAL PUNISHMENT:

"Proportionality" - Two (2) part test?
1. Nature and Gravity of "Current Offense", and

2. Prior Offenses
Penal Code Shall be Founded on "REFORMATION":

This applies to the system ________________, not to ________________?
As a Whole

not to Individual Treatment
RIGHT TO COMPENSATION FOR "TAKINGS":

Property Compensation = ?
Value of Property
+
Damage to Property
-
Benefits
RIGHT TO COMPENSATION FOR "TAKINGS":

Services -

Was it a "taking"? (2) part test:
1. Have the services been historically paid for?

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

GA must provide: What three (3) things?
1. uniform system

2. equity in spending

3. tuition w/o charge
PROPERTY TAXATION:

Must be based on?
Property Wealth
PROPERTY TAXATION:

"Uniform and Equal" Taxation is NOT based on?
FMV
PROPERTY TAXATION:


"Uniform and Equal" Taxation IS based on? (3)
1. uniform assessments

2. uniform rates

3. equal valuations
(4) Step Analysis to Reviewing Indiana Constitutional Claim?
1. The Text

2. The History

3. General Purpose of the Const., and then

4. Case Precedent