FL Con Law Flashcards Preview

Bar Rules > FL Con Law > Flashcards

Flashcards in FL Con Law Deck (18)
Loading flashcards...
1

All persons have certain inalienable rights except in certain instances. Name one instance.

A The right of a natural citizen to enjoy and defend life and liberty.

B The right of a natural citizen to pursue happiness.

C The right of a natural citizen to be rewarded for industry.

D The right of an alien ineligible for citizenship to devise property.

D The right of an alien ineligible for citizenship to devise property.

One instance where a person’s right may be regulated or prohibited by law is the right of an alien ineligible for citizenship to devise property. All persons have inalienable rights including, but not limited to, the right to enjoy and defend life and liberty, to pursue happiness, to be rewarded for industry and to acquire, possess, and protect real property. Nevertheless, aliens ineligible for citizenship may have their real property rights regulated or prohibited by law.

2

In what specific way does the Florida Constitution differ from the U.S. Constitution with respect to the right to assemble?

A The Florida Constitution provides that people retain the right to assemble for any reason, including non-peacefully.

B The Florida Constitution is silent as to the right to assemble for the redress of grievances.

C Florida courts avoid using the standards applicable to the corresponding provisions of the U.S. Constitution when analyzing the freedom of assembly provisions of the Florida Constitution.

D The Florida Constitution grants the additional right to the people to instruct their representatives.

D The Florida Constitution grants the additional right to the people to instruct their representatives.

The U.S. Constitution does not grant the people the right to instruct their representatives; the Florida Constitution, by contrast, does. There is no right to assemble non-peacefully. The Florida Constitution, like its federal constitutional counterpart, provides for the right to assemble for the redress of grievances. The Florida courts generally adopt the standards applicable to the corresponding freedom of assembly provisions in the U.S. Constitution.

3

Under the Florida Constitution, which of the following are prerequisites for the issuing of a search warrant prior to a search of a person’s home?

A The reasonable suspicion by a law officer of a crime having been committed several months prior in the person’s home.

B The court’s finding of probable cause.

C The court’s finding of probable cause supported by an affidavit describing the place to be searched and the things to be seized.

D Proof provided to the court of a request by an anonymous caller to the police station of undefined suspicious activity having taken place in the person’s home.

C The court’s finding of probable cause supported by an affidavit describing the place to be searched and the things to be seized.

The Florida Constitution provides for the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, and against the unreasonable interception of private communications by any means. Search warrants may be issued only upon probable cause, supported by an affidavit describing the persons or places to be searched, the things to be seized, and/or the communication to be intercepted. Before a warrant for a search of a person’s home can be issued, it is not sufficient for a law officer to set forth a reasonable suspicion that a crime has been committed in the home. Probable cause for granting the search must be established and an affidavit describing the place to be searched and the things to be seized must be provided.

4

When is a law deemed overbroad under the Florida Constitution?

A When it prohibits constitutionally protected activities as well as activities that are not protected.

B When it prohibits constitutionally protected activities.

C When it prohibits activities that are prohibited under the U.S. Constitution.

D When it prohibits activities that are permitted in other states that are in the jurisdiction of the same federal court circuit.

A When it prohibits constitutionally protected activities as well as activities that are not protected.

Under the Florida Constitution, the courts deem a law as overbroad when it prohibits constitutionally protected activities as well as activities that are not protected. Activities that are not protected under the Florida or U.S. constitutions, respectively, may be prohibited. Moreover, determining if a Florida law is overbroad does not depend upon whether an activity otherwise prohibited in Florida is permitted in a state that is part of the same federal court circuit.

5

Each section of a law must be _____________ and ______________ related to a ____________ goal.

A rationally; reasonably; single general

B unambiguously; forcefully; lawful

C generally; reasonably; legitimate

D specifically; coherently; universal

A rationally; reasonably; single general

A law may cover only one subject and matters properly connected. The Florida courts therefore look to see that a law rationally and reasonably relates to a single general goal.

6

When a general law is passed that operates uniformly throughout the state, even though it applies to only one classified group, what factors will the courts consider to determine whether the law is subject to attack?

A There are no factors to consider, as a general law once defined as such is facially subject to attack as an unconstitutional creation of an improperly enacted special law.

B The courts will analyze the general law only where it applies to specific individuals and the extent to which such individuals’ equal protection rights have been violated.

C The courts will analyze general laws that clearly apply only to specific individuals or geographic areas and that exclude others for violation of equal protection rights and as improperly enacted special laws.

D The courts require that general laws apply only to known specific individuals or geographic areas and exclude others, and only as such will they not be subject to attack as equal protection violations or as improperly enacted special laws.

C The courts will analyze general laws that clearly apply only to specific individuals or geographic areas and that exclude others for violation of equal protection rights and as improperly enacted special laws.

General laws are not prima facie unconstitutional. However, the courts scrutinize general laws to ensure that where such laws are only applicable to specific individuals or geographic areas and exclude others, they are not in violation of equal protection rights or improperly enacted.

7

Where a taking has occurred in an eminent domain proceeding and full compensation is being awarded, each of the following statements regarding the amount recoverable is true except:

A Full compensation for the property taken must be in accord with its fair market value.

B Property owners may be awarded prejudgment interest on paid expenses.

C Leaseholds, easements, personal property, franchises, and contacts have been held to be compensable property interests.

D Attorneys’ fees are not compensated for as part of the full compensation for the property .

D Attorneys’ fees are not compensated for as part of the full compensation for the property .

Full compensation for the property taken must be in accord with its fair market value, including attorneys’ fees.

8

Which of the following statements regarding a “taking” is true?

A A taking in an eminent domain proceeding is a question of fact to be determined by a jury.

B A taking in an eminent domain proceeding involves both questions of law and questions of fact.

C A taking is solely a question of law.

D Courts have no discretion to determine when a taking in an eminent domain proceeding is valid, as it is a determination falling within the exclusive reserve of the legislative branch.

C A taking is solely a question of law.

The courts have held that whether there has been a taking is a question of law for a judge; the owner is not entitled to a jury determination on this question.

9

Each of the following statements is true except:

A To be termed “public purpose,” the property must be used for the public purpose.

B “Public purpose” means a specific public purpose.

C “Public purpose” means something that benefits the state in a broad and tangible way.

D The property taken many not be conveyed to a natural person or private entity, except as provided by general law passed by a three-fifths vote of each legislative house.

B “Public purpose” means a specific public purpose.

For the purpose of defining a public-purpose use, the property must be used for a public purpose. “Public purpose” does not mean simply for a specific public function, but rather something which in a broad sense benefits the state in a tangible and foreseeable way.

10

There are _________________ restraints on the devise of homestead property.

A no
B constitutional
C unfettered
D unlimited

B constitutional

There are constitutional restraints on the devise of homestead property.

11

Which of the following statements regarding the proceeds from the sale of a homestead is false?

A If the homestead is sold, the proceeds are considered to retain homestead exemption status.

B Where the homestead is sold, exemption status depends upon the owner’s good faith intent to reinvest the proceeds in another homestead within a reasonable time.

C Proceeds from the sale of homestead property are protected from creditors.

D Proceeds from the sale of homestead property are protected from creditors; a surplus will be considered as general assets of the debtor.

D Proceeds from the sale of homestead property are protected from creditors; a surplus will be considered as general assets of the debtor.

Proceeds from the sale of homestead property are protected from creditors; a surplus will be considered as general assets of the debtor.

12

For purposes of homestead protections, benefits would inure to each of the following persons except to:

A The surviving spouse

B A surviving corporation majority owned by the deceased

C An heir other than a child

D The surviving oldest son

B A surviving corporation majority owned by the deceased

Homestead exemptions inure to the benefit of a surviving spouse or heirs. The heirs need not be dependent heirs. No such exemptions inure to the “person” of a corporation.

13

General obligation bonds are secured by pledge of the revenue derived from the taxation power of the issuing government entity. When is approval by a vote of the electors required?

A Whenever the bonds are to be payable from ad valorem taxes.

B If the bonds are payable from ad valorem taxes and they are to mature more than 12 months after issuance.

C When the bonds mature more than five years after issuance and they are payable from ad valorem taxes.

D When the bonds mature more than 12 months after issuance.

B If the bonds are payable from ad valorem taxes and they are to mature more than 12 months after issuance.

If the general obligation bonds are to be payable from ad valorem taxes and they will mature more than 12 months after issuance, approval by a vote of the electors is required.

14

Local governments can issue revenue bonds in each of the following circumstances except:

A to build an airport by paying the bonds with revenues derived from the use of the airport

B to finance a statutorily authorized private plant by paying the bonds with revenues from a “vice” tax on the sale of cigarettes

C to fund the construction of a large-scale port to be used by private citizens

D to finance a statutorily authorized private industrial plant

B to finance a statutorily authorized private plant by paying the bonds with revenues from a “vice” tax on the sale of cigarettes

Local governments can issue revenue bonds to build capital projects, such as airport and port facilities, and to finance statutorily authorized private industrial or manufacturing plants. However, the bonds must be payable solely from revenue derived from the sale, operation, or leasing of the project.

15

Ad valorem tax exemptions to new businesses and expanding existing businesses applies only to improvements made to _____________ to expand an existing business and to ____________ property of a new business or related to the expansion of an existing business.

A real property; tangible personal

B real property; real

C tangible property; real

D tangible property; tangible personal

A real property; tangible personal

By ordinance and referendum, a county or municipality may grant an ad valorem tax exemption to a new business and expanding existing businesses. Such an exemption applies only to improvements made to real property to expand an existing business and to tangible personal property of a new business or related to the expansion of an existing business. It does not apply to real property.

16

The Florida Supreme Court has exclusive jurisdiction to perform which of the following?

A Promulgate rules of practice and procedure in all state courts.

B Promulgate rules of practice and procedure and supervise the administration of all state courts.

C Establish rules of practice and procedure in select courts upon obtaining the advice and consent of the legislature.

D Establish rules of practice and procedure and supervise the administration of only its own court.

B Promulgate rules of practice and procedure and supervise the administration of all state courts.

The state supreme court has exclusive jurisdiction to promulgate rules of practice and procedure and to supervise the administration of all state courts.

17

With respect to the doctrine of the separation of powers, how, if at all, does the U.S. Constitution differ from the Florida Constitution?

A The Florida Constitution does not recognize the mandate of a separation of the executive, judicial, and legislative branches of government.

B The U.S. Constitution expressly provides for the separation of the executive, judicial, and legislative branches of government.

C Both the U.S. Constitution and the Florida Constitution expressly require the separation of the executive, judicial, and legislative branches of government.

D In contrast to the U.S. Constitution, the Florida Constitution expressly states the doctrine of separation of powers.

D In contrast to the U.S. Constitution, the Florida Constitution expressly states the doctrine of separation of powers.

Unlike the U.S. Constitution, the Florida Constitution expressly incorporates the doctrine of separation of powers, mandating separation of the executive, judicial, and legislative branches of government.

18

Which of the following statements is not true?

A In a nonchartered county, the municipality always prevails in a conflict.

B If the county is chartered, the Florida Constitution requires the charter to contain a supremacy clause to settle conflicts between ordinances.

C A chartered county never preempts ordinances that regulate behavior.

D If an ordinance involves provision of police services, the county ordinance will prevail only if approved by dual referenda of the residents of the municipality and of the county under Florida Constitution Article VIII, Section 4.

C A chartered county never preempts ordinances that regulate behavior.

A chartered county may preempt municipal ordinances of a regulatory nature (e.g., ordinances that regulate behavior). However, where the ordinances regulate provision of services (such as police, fire, housing, etc.) the county ordinance will prevail only if approved by dual referenda of the residents of the municipality and of the county under Florida Constitution Article VIII, Section 4.