IN Constitution

Question 1

IN Constitution

Legislature

Answer 1

• senate - maximum 50 members

- House - maximum 100 members

Question 2

IN Constitution
Legislature
Special Laws

Answer 2

• Special laws - Those that can only apply to particular persons or locations
• Cannot enact a special law when it can enact a general law
• Analysis -
  1. Is the law amenable to a general law of uniform application. If no, law is constitutional
  2. If subject matter of law is capable of general application, is the law nonetheless special in application, unconst

Question 3

IN Constitution
Legislature
Germaneness of laws

Answer 3

• The provisions of an act must be confined to a single subject and matters properly connected with that matter
• Subjects must be germane to one another

Question 4

IN Constitution

Judicial Branch

Answer 4

• Can provide advisory opinions
• Jurisdiction to review all criminal sentences
• Death sentence cases - automatically appealed to supreme court and reviewed independently

Question 5

IN Constitution

Separation of Powers

Answer 5

• Article III
• Must be a clear division between the branches, and
• Must be a separation of functions
• One branch is const. prohibited from performing the functions of another
  = Analysis -
  1. To which branch does the act rightfully belong
  2. Is another branch attempting to perform the act
• Note - Legislature may delegate power to make rules to executive branch
• Must provide reasonable standards to guide the admin. discretion

Question 6

IN Constitution

- Freedom of Expression

Answer 6

• Broad protection for political speech limited for nonpolitical speech
• Price - political speech is core const. value - Cannot impose material burden on a core const. value
• If speech causes a public nuisance, regulation imposes a material burden
• No balancing of state interests w/ speaker interests.
• No content neutral, time and place reg will be uncons if places a material burden

Question 7

IN Constitution

- Freedom of Religion

Answer 7

• Seven provisions to protect
  a. Natural right to worship
  b. No control of enjoyment of religious opinions
  c. No preference to any religion, and no person compelled to attend or support
  d. No religious test for any office
  e. No public money for benefit of any
  f. Witness competent regardless of religion
  g. Oath or affirmation, shall be most consistent with the conscience of the person to bind him in his mind

Question 8

IN Constitution

- Equal Privileges and immunites

Answer 8

• Two part analysis
  1. Disparate treatment must be reasonably related to inherent characteristic which distinguish the unequally treated class/es
  2. The preferential treatment must be uniformly applicable and equally available to all persons similarly situated.
• Sub. deference given to legislature
• For Laws - must be substantially related to a legitimate gov. purpose

Question 9

IN Constitution

- Search and Seizure

Answer 9

• Differs in that only a one part reasonableness test
• Does not ask about actual expectation of privacy and whether that expectation is reasonable
• Must be informed of right to counsel before one can consent to search
• Factors
  a. level of intrusion
  b. reasonableness of intrusion
  c. law enforcement need for intrusion

Question 10

IN Constitution

- Debtor Rights

Answer 10

• Laws cannot take more than a reasonable amount

- Child support - not a debt and one can be imprisoned for willful failure

Question 11

IN Constitution

- Education

Answer 11

• General assembly must provide structure for public education, free of charge, equally open to all

Question 12

IN Constitution

- Calculating value of property taken

Answer 12

• assessed value, plus the value of damage done to remaining property due to taking, less benefits accruing as a result

Question 13

IN Constitution

- Proportionality

Answer 13

• No cruel and unusual, excessive fines
• All sentences be proportional to the crime
• Appellate court has power to set new sentence

Question 14

IN Constitution

- Open Courts - Due course of law

Answer 14

• All courts shall be open to every person, for injury and shall have remedy by due course
• bars SOL that would impose burden to courts, discovery may take time

Question 15

IN Constitution

- Ex post facto - Contract impairment

Answer 15

• Applies to criminal statutes

- Cannot ineffectuate agreements unless discriminatory, necessary for HSW,

Question 16

IN Constitution

Double Jeopardy

Answer 16

• Provision more expansive than federal const.
• Two factors - Whether statutory elements of each contain at least one element that is separate and distinct from the other
• Whether the actual evidence presented shows that each challenged offense was established by separate and distinct facts