Indiana Constitutional Law - Indiana Bar Exam

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OVERVIEW of Indiana Con Law (Tested 19/24 past exams) Four Main Areas:

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I. The Structure of Indiana's Governement

II. The Bill of Rights and State Institutions

III. Education

IV. Finance, Corporations and Indebtedness

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INTRODUCTION:

(4) Step Analysis to Reviewing Indiana Constitutional Claim?

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1. Text of the provision,

2. History of the provision's passage,

3. General purpose and structure of the constitution, and

4. Case precedent.

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SPECIAL LAWS:

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

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Persons

or

Locations

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SPECIAL LAWS:

"Is it Valid?"

Two (2) Part Test? 1. Form; 2. Function

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1. Will a general law work?

2. If yes, is the law special in application?

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SPECIAL LAWS:

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

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Substantial Deference

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SPECIAL LAWS:

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

Two (2) Part Test:

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1. Rational Basis for the classification?

2. Could other localities eventually qualify?

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SPECIAL LAWS:

Some examples of INVALID special laws?

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- granting individual divorce

- designating punishment for particular individuals

- vacating certain roads and alleys

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GERMANENESS (Single-Subject Laws):

General Rule?

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Laws must be confined to a "single subject"

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GERMANENESS (Single-Subject Laws):

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

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Substantial Deference

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GERMANENESS (Single-Subject Laws):

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

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"Rational Unity"

"One Subject"

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Judicial Branch:

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

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YES

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Judicial Branch:

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

What is the Standard of Review?

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Death Penalty cases

Independent De Novo Review

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CORE VALUES or FUNDAMENTAL RIGHTS:

Price v. State Ruling?

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

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FREEDOM OF EXPRESSION:

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

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1. matters of public concern, and

2. directed towards a political or public actor

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FREEDOM OF EXPRESSION:

Truth in prosecutions for Libel

-Burden is on alleged Defamer to prove truth

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Truth is an affermative defense to libel.

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FREEDOM OF EXPRESSION:

Truth in prosecutions for Libel: Actual Malice

-Matters involving public or general concern

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For both Public and private individuals must prove actual malice to recover in defamation cases involving matters of public or general concern.

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FREEDOM OF RELIGION:

Seven (7) Clauses?

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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

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FREEDOM OF RELIGION:

Can you make someone take a ID photo?

Can you question on religion in Voir Dire?

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NO


YES

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EQUAL PRIVILEGES & IMMUNITIES:

Legislature is given ____________ by the Courts?

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Substantial Deference

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EQUAL PRIVILEGES & IMMUNITIES:

The "Collins v. Day" Test: Valid Legislation

(2) Parts

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1. The legislation must be reasonably related to inherent characteristics that distinguish the unequally treated classes; and

2. The preferential treatment must be uniformly available to all persons similarily situated,

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EQUAL PRIVILEGES & IMMUNITIES:

Step 1: Is it reasonably related?

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

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EQUAL PRIVILEGES & IMMUNITIES:

Step 2: Is the preferential treatment uniformly available to all persons similarily situated?

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

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EQUAL PRIVILEGES & IMMUNITIES:

What is the burden on the challenger?

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

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EQUAL PRIVILEGES & IMMUNITIES:

Open Courts: under due course of law:

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Article 1 Section 12 Open courts: all courts shall be open and every person shall have a remedy by due course of law without delay.

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Search and Seizure:

The test is whether...?

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the search was "Reasonable"

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Right to Confrontation:

What does the Indiana Constitution guarantee you?

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FACE - to - FACE

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Arrest or Confinement without "UNNECESSARY RIGOR":

What type of cases is this generally related to?

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Cases of "Extreme Physical Force"

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CRUEL AND UNUSUAL PUNISHMENT:

Indiana's two (2) Requirements:

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1. Proportionality of Sentence

2. No Imposition of Cruel or Unusual Punishment

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CRUEL AND UNUSUAL PUNISHMENT:

"Proportionality" - Two (2) part test?

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

2. Prior Offenses

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CRUEL AND UNUSUAL PUNISHMENT:

Appellate Court Power to Set New Sentence

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AP ct has power to set new sentence where it determins that Tr Ct's sentence is unconsitutional.

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DOUBLE JEOPARDY: Criminal Defendant 2 test:

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1. Statutory element test: one element that is separate and distinct from the other offense.

2. Actual evidence test: Whether actual evidence show that each challenged offense was established by separate and distinct facts.

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Penal Code Shall be Founded on "REFORMATION":

This applies to the system ________________, not to ________________?

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As a Whole

not to Individual Treatment

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RIGHT TO COMPENSATION FOR "TAKINGS":

Property Compensation = ?

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Value of Property
+
Damage to Property
-
Benefits

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RIGHT TO COMPENSATION FOR "TAKINGS":

Services -

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

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1. Have the services been historically paid for?

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

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EDUCATION:

GA must provide: What three (3) things?

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1. uniform system

2. equity in spending

3. tuition w/o charge

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PROPERTY TAXATION:

Must be based on?

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Property Wealth

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PROPERTY TAXATION:

"Uniform and Equal" Taxation is NOT based on?

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FMV

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PROPERTY TAXATION:


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

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1. uniform assessments

2. uniform rates

3. equal valuations