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33 Cards in this Set
- Front
- Back
SPECIAL LAWS:
A "Special Law" applies only to "particular" _____________ or _______________? |
Persons
or Locations |
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SPECIAL LAWS:
"Is it Valid?" Three (3) Part Test? |
1. Does it apply only to one group or location?,
2. Is there a possibility that other groups or locations could enter the category? 3. Are there "special or unique" circumstances which make a General Law inapplicable? |
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SPECIAL LAWS:
When dealing with "special laws", the Court will give the Legislature ______________? |
Substantial Deference
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SPECIAL LAWS:
Is a population classification violative of a "special law"? Two (2) Part Test: |
1. Rational Basis for the classification?
2. Could other localities eventually qualify? |
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SPECIAL LAWS:
Some examples of INVALID special laws? |
- granting individual divorce
- designating punishment for particular individuals - vacating certain roads and alleys |
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GERMANENESS (Single-Subject Laws):
General Rule? |
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 ______________? |
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 _____________? |
"Rational Unity"
"One Subject" |
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Judicial Branch:
Is the Judicial Branch allowed to give "advisory opinions"? |
YES
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Judicial Branch:
The Supreme Court has "Nonwaivable" Review in what type of cases? What is the Standard of Review? |
Death Penalty cases
Independent De Novo Review |
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CORE VALUES or FUNDAMENTAL RIGHTS:
Price v. State Ruling? |
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"? |
1. matters of public concern, and
2. directed towards a political or public actor |
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FREEDOM OF RELIGION:
Seven (7) Clauses? |
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? |
NO
YES |
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EQUAL PRIVILEGES & IMMUNITIES:
Legislature is given ____________ by the Courts? |
Substantial Deference
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EQUAL PRIVILEGES & IMMUNITIES:
The "Collins v. Day" Test: (3) Parts |
1. Is there a classification?
2. If yes, does the favored class get preferential treatment? 3. Is there a sub-class? |
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EQUAL PRIVILEGES & IMMUNITIES:
Step 1: Is there a classification? - What do you look for? |
Two groups of people treated differently
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EQUAL PRIVILEGES & IMMUNITIES:
Step 2: Does the favored class get preferential treatment? - If yes... then what? |
Is the preferential treatment "rationally related" to the law in question?
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EQUAL PRIVILEGES & IMMUNITIES:
Step 3: Is there a Sub-Class? What does this mean? |
If people who are "similarly situated" in the same class, are treated differently, the law will be struck down.
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EQUAL PRIVILEGES & IMMUNITIES:
What is the burden on the challenger? |
To prove or disprove "every conceivable basis" which might have justified the classification.
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Search and Seizure:
The test is whether...? |
the search was "Reasonable"
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Right to Confrontation:
What does the Indiana Constitution guarantee you? |
FACE - to - FACE
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Arrest or Confinement without "UNNECESSARY RIGOR":
What type of cases is this generally related to? |
Cases of "Extreme Physical Force"
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CRUEL AND UNUSUAL PUNISHMENT:
Indiana's two (2) Requirements: |
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? |
1. Nature and Gravity of "Current Offense", and
2. Prior Offenses |
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Penal Code Shall be Founded on "REFORMATION":
This applies to the system ________________, not to ________________? |
As a Whole
not to Individual Treatment |
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RIGHT TO COMPENSATION FOR "TAKINGS":
Property Compensation = ? |
Value of Property
+ Damage to Property - Benefits |
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RIGHT TO COMPENSATION FOR "TAKINGS":
Services - Was it a "taking"? (2) part test: |
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? |
1. uniform system
2. equity in spending 3. tuition w/o charge |
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PROPERTY TAXATION:
Must be based on? |
Property Wealth
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PROPERTY TAXATION:
"Uniform and Equal" Taxation is NOT based on? |
FMV
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PROPERTY TAXATION:
"Uniform and Equal" Taxation IS based on? (3) |
1. uniform assessments
2. uniform rates 3. equal valuations |
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(4) Step Analysis to Reviewing Indiana Constitutional Claim?
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1. The Text
2. The History 3. General Purpose of the Const., and then 4. Case Precedent |