Due Process

Question 1

T/F: FL constitution allows laws to impair contracts

Answer 1

FALSE

Contracts clause prohibits ANY impairment

Question 2

Is merely postponing enforcement of Contracts unconstitutional?

Answer 2

YES

Question 3

T/F: FL protections from search and seizures has been amended to adopt FED SCOTUS interpretation

Answer 3

TRUE

Question 4

Name the basic rights of criminal defendants

Answer 4

1. to be informed of the nature and cause of accusation
2. to have copy of charges
3. to confront witness
4. to be heard in person
5. to have compulsory process for witness
6. to have speedy and public trial

Question 5

T/F: FL allows citizens can be imprisoned for debt

Answer 5

FALSE

Art 1 sec 11

Question 6

what is the exception to FL freedom from imprisonment for debt?

Answer 6

Fraud

Question 7

FL is an “at will” state re employment, what does that mean?

Answer 7

only claims for wrongful termination showing FL statute outlaws specific facts can stand

Question 8

T/F: Floridians have an absolute right to bear arms

Answer 8

false; right to bear arms in defense

Question 9

What is the Due process test to analyze constitutional claims against state action?

Answer 9

1. state action was aroused by possible abuse that legislature wants to avoid
2. reasonable basis the state will protect against occurrence
3. whether the expense or difficulty imposed on indvl is justified state action

Question 10

go thru the process for presuit requ for enforcment of FL constl rights via FL Civil rights act

Answer 10

1. file with FCHR or EEOC
2. obtainnotice of determination
3. within 4 yr SOL for last discrimination

Question 11

EEOC and FCHR deadlines to file

Answer 11

EEOC- 300 days
FCHR- 90 days