ultimo ultimo florida constitutional law final set 12.8

Homestead Protection

Legal provision in Florida that prevents forced sale of a primary residence by creditors.

Contiguous Land

Land that is connected or adjacent without any intervening properties.

Mechanic’s Lien

A legal claim against a property that has been improved by labor or materials.

Abandonment of Homestead

Forfeiture of homestead protection when the owner leaves the property with no intent to return.

Life Estate

An interest in property that lasts for the lifetime of a specified individual.

Homestead Tax Exemption

A tax reduction for property owners based on the value of their homestead in Florida.

Ad Valorem Taxes

Taxes based on the assessed value of real estate or personal property.

Home Rule Power

The ability of local governments to make their own rules and regulations.

Standing

Legal term denoting the requirement that a party must have a sufficient stake in a controversy to bring a lawsuit.

Separation of Powers

Principle ensuring that the legislative, executive, and judicial branches of government are distinct and separate.

Strict Scrutiny

A high standard of review used by courts to evaluate laws that infringe on constitutional rights.

Kluger Doctrine

A rule requiring that alternative means of accessing courts must be provided if a cause of action is abrogated.

Right to Privacy

The constitutional right to be free from government intrusion into personal life.

Equal Protection

Legal guarantee that individuals will be treated equally under the law.

Content Based Restrictions

Regulations that target speech based on its content, subject to strict scrutiny.

Symbolic Speech

Nonverbal communication that conveys an idea, protected under free speech laws.

Eminent Domain

The right of the government to take private property for public use, with compensation.

Just Compensation

Fair market value paid to an owner when their property is taken through eminent domain.

Inverse Condemnation

A legal claim made by a property owner for compensation when their property value is diminished due to government action.

Voting Suffrage

The right to vote in elections, typically referring to the legal capacity of citizens to participate.

Right to Bear Arms

The constitutional right to possess firearms for personal defense and other lawful purposes.

Standing

The requirement that a party must have a specific legal interest and distinct injury to bring a lawsuit.

Strict Scrutiny

A legal standard used to evaluate laws or government actions that restrict fundamental rights or affect suspect classes; must achieve a compelling interest.

Due Process

The legal requirement that the state must respect all legal rights owed to a person, including fair treatment in the judicial system.

Search and Seizure

The process by which law enforcement examines and takes possession of property as evidence, governed by the Fourth Amendment.

Probable Cause

A reasonable belief that a crime has been committed, allowing law enforcement to make an arrest or conduct a search.

Terry Stop

A brief detention by police of a person based on reasonable suspicion of involvement in criminal activity.

Access to Courts

The right of individuals to seek redress through the court system, which cannot be unreasonably restricted.

Right to Jury Trial

The constitutional guarantee that a person has the right to a jury trial in criminal cases.

Privacy Rights

The right of individuals to be free from unauthorized intrusion by the government into their personal life.

Homestead Exemption

A legal provision that protects a homeowner's primary residence from forced sale to satisfy debts.

Sovereign Immunity

The doctrine that the state cannot be sued without its consent.

Florida Sunshine Law

A law that mandates all public meetings of governmental bodies be open to the public.

Eminent Domain

The power of the government to take private property for public use, providing just compensation to the owner.

Inverse Condemnation

A legal action by a property owner to recover compensation from the government when their property is taken or damaged without formal expropriation.

Defamation

A statement that injures a third party's reputation, which can be a basis for legal action.

Special Session

A legislative session called by the governor to address specific issues; limited in duration.

Ad Valorem Taxation

Property taxes based on the value of the property; applies to real and personal property.

Florida Constitution

The governing document for the State of Florida, outlining the structure and function of the government.

Florida Constitutional Law

A body of law that governs the state of Florida, which includes state-specific provisions and interpretations alongside federal constitutional law.

Homestead Protection

Legal protection allowing a primary residence to be safeguarded from forced sale by creditors, subject to specific requirements.

Ad Valorem Taxes

Taxes based on the assessed value of property, paid to local county governments in Florida.

General Obligation Bonds

Bonds that are backed by the full faith and credit of the state, requiring voter approval via a referendum.

Revenue Bonds

Bonds backed by revenue generated from a specific project, such as tolls from a roadway, not requiring a referendum.

Eminent Domain

The power of the government to take private property for public use, provided there is just compensation.

Due Process

A constitutional guarantee that the government will not deprive individuals of life, liberty, or property without fairness in legal proceedings.

Equal Protection

The constitutional guarantee that individuals in similar conditions and circumstances will be treated similarly by the law.

Miranda Rights

Rights that must be read to a person upon arrest, informing them of their right to remain silent and to have an attorney.

Private Nuisance

Unreasonable interference with a person's use and enjoyment of their property.

Public Nuisance

An act or condition that interferes with the rights of the public at large.

Separation of Powers

The division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another.

Home Rule Power

The delegated power to local governments to enact ordinances or laws independent of state legislation.

Inversely Condemnation

A legal claim against the government when a property’s value is significantly diminished by government action, although not formally taken.

Content-Based Regulation

A restriction on speech due to the content or message of that speech, subject to strict scrutiny.

Content-Neutral Regulation

A regulation that does not target specific content but regulates the time, place, and manner of speech, subject to intermediate scrutiny.

Strict Scrutiny

A standard of judicial review that requires a law to serve a compelling government interest and be narrowly tailored to that interest.

Intermediate Scrutiny

A standard requiring a law to serve an important government interest and be substantially related to that interest, applied mainly to gender.

Rational Basis Test

The lowest level of scrutiny applied by courts to review legislation, requiring the law to be rationally related to a legitimate government interest.

Homestead Exemption

A legal provision allowing for a reduction in property tax liabilities for a primary residence.

Sunny Law

A law requiring government meetings and activities to be conducted openly, promoting transparency.

Inherent Power

Power that comes from the people, not granted but limited by the state constitution.

Self-Executing Provision

A constitutional provision that can be enforced without need for legislative action.

Construction of Statutes

The process of interpreting the language and intent of the constitution or statute.

Encroachment

When one branch of government infringes on the powers of another branch.

Single Subject Requirement

Mandate that a proposed constitutional amendment must cover only one subject.

Legislative Delegation

The legislature's power to delegate certain legislative powers under guidelines.

Eminent Domain

The power of the state to take private property for public use with compensation.

Equal Protection Clause

A clause ensuring that no person is denied equal protection under the law.

Habeas Corpus

A legal writ requiring a person to be brought before a judge to assess the lawfulness of their detention.

Judicial Power

The authority vested in courts to interpret laws and administer justice.

Ballot Title and Summary

A clear and concise explanation of a proposed amendment or measure for voters.

Jurisdiction

The official power to make legal decisions and judgments.

Florida Constitution Amendment Process

The procedure by which changes or additions are made to the Florida Constitution.

Non-Delegation Doctrine

The principle that prohibits the delegation of legislative powers to non-legislative entities.

Homestead Exemption

Legal provision protecting a person's primary residence from forced sale under certain conditions.

Strict Scrutiny

The highest standard of judicial review used by courts to evaluate the constitutionality of laws.

Public Purpose

The requirement that property taken by eminent domain must be for a public need.

Double Jeopardy

The constitutional protection against being tried for the same crime more than once.

Administrative Power Limitation

Restrictions on the penalties and actions administrative agencies can impose.

Sovereign Immunity

The legal doctrine that prevents the government from being sued without its consent.

Legislative Sessions

Periods when the legislature convenes to make laws, typically held in regular and special sessions.

Public Records

Documents that are made or received in the course of official business and are accessible to the public.

Adverse Possession

A legal doctrine allowing a person to claim ownership of land under certain conditions.

Affidavit

A written statement confirmed by oath or affirmation for use as evidence.

Arbitration

A method of resolving disputes outside of court through a neutral third party.

Burden of Proof

The obligation to prove one's assertions or claims in legal proceedings.

Class Action Lawsuit

A legal action filed by one or more individuals on behalf of a larger group.

Comparative Negligence

A legal principle that compares the fault of both parties in a negligence case.

Due Process

The legal requirement that the government must respect all legal rights owed to a person.

Enabling Act

Legislation granting authority to a government entity to take specific action.

Equity

A branch of law that addresses issues beyond the scope of common law, focusing on fairness.

Exclusionary Rule

A legal principle that prohibits the use of illegally obtained evidence in court.

Injunction

A court order requiring a party to take specific action or refrain from doing something.

Interrogatory

A written question posed to a party in a legal case, which must be answered in writing.

Negligence

Failure to take proper care in doing something, resulting in damage or injury.

Plaintiff

The person who brings a case against another in a court of law.

Precedent

A previous court decision that serves as an example or rule for future cases.

Probation

A court-imposed sanction that allows a person to remain in the community under supervision.

Pro Bono

Legal work undertaken voluntarily and without payment.

Quid Pro Quo

A favor or advantage granted in return for something.