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20 Cards in this Set
- Front
- Back
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Access to courts |
The courts shall be open to every person for redress of any injury and justice shall be administered without sale, denial, or delay |
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Abolishing a cause of action |
Reasonable alternative must be provided unless: -legislature can demonstrate overpowering public necessity -AND no alternative method can be established |
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Right to privacy |
More protection than FedCon: Every person has right to be let alone and free from govt intrusion (requires compelling SI and least intrusive means) -But public has right of access to public records and meetings (Sunshine Laws) |
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Requirements for a law |
-cannot be vague -cannot be overbroad -must be reasonably related to public welfare -Constitutional: single subject, adequate title, text must be set out, must have enacting clause |
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General laws |
Must apply uniformly statewide to all persons or circumstances |
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Special laws |
Operate on known, specific persons or things or in a specifically indicated part of the state (usually counties) No SL shall be passed unless notice of intention to seek enactment published in newspaper of general circulation in affected counties or the law is to become effective only on approval by referendum vote of electors of area affected |
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General law of local application |
Law that uses classification scheme (based on population for example), so that application restricted to particular localities Distinguishable from SL in that DOES NOT require notice or referendum |
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Prohibited SL and general laws of local application |
These must be UNIFORM THROUGHOUT STATE: Election, taxation, rules of evidence, punishment for crimes, petit juries, change of venue, conditions precedent to bringing civil or criminal proceeding, creation of liens, divorce, adoption, regulation of occupations |
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Eminent domain |
Sovereign power of state to take private property for public purpose and full compensation |
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Eminent domain: Necessity |
Taking must substantially oust owner from property; govt must show reasonable necessity for its action |
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Eminent domain: Public Purpose |
Property must be used for public benefit; airports, utilities, hospitals and parks are public |
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Eminent domain: other requirements |
Full compensation (jury issue) Fair market value (jury) Compensable rights |
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Sovereign immunity |
Constitution and statute permit waiver, but statute sets cap at $200K for one person and $300K for all claims arising from one accident -can only bring claim for operational, like parking garage, golf course, pool (not planning, like stop lights or prisons) Also, must he underlying duty to individual; but if no duty, and G undertakes task, must do so with reasonable care, like field sobriety test |
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Local government bonds |
Referendum required if bonds mature more than 12 months after issuance |
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Supreme Court: mandatory jurisdiction |
Death penalty Bond validation Rate decisions DCA decisions invalidating a law |
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Supreme Court: discretionary jurisdiction |
Officers of state Conflicting DCA decisions Statute and Const validity by DCA Great public importance (certif) by DCA Bypass certific Federal certif |
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Supreme Court: administrative |
Rules of Practice and Procedure Florida Bar |
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Public Records Law |
Right to access records of any public entities |
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Amending the Constitution |
Requires 60 percent approval 5 Methods: Legislative (joint resolution: 3/5 of each house) Revision Convention Constitutional Convention Initiative: signatures through petition Taxation and Budget Reform Commission |
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Initiative |
Petition bypasses Legislature Single subject: component parts or aspects must have natural relation and connection to single dominant plan or scheme Economic impact statement: probable financial impact Must be represented accurately on ballot |
