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POS3691 Final Exam Study GuideAbout The Exam: Easier than the midterm for student who come to all the classes; Read ALL question very closely and all of its potential answers,Partial Credit Available; All multiple choice, 50 Questions, and worth 2 point each; General Constitutional Questions, Search and Seizure, DueProcess, 1st Amendment (religion and speech),Free Exercise, Equal Protection, Abortion, Privacy, and ADR; Bring one sheet of note book paper- Three Individual Rights - it is always important to look at the facts and see if there is gov action. If no gov action no rights apply.o 1. Due Process – only apply to government action, but statue may extend to similar requirement to private action. (First Question) Does the plaintiff have standing - You need two components: Law has to have impact on YOU and If there was did it interfere with a your life, liberty, or property?  (Second Question) Due Process Initial Inquiry – Was there any gov action?- No means, no due process concern. Who is protected? Any person. If something is not a human being it doesn’t apply – animals do not have due process.  When is a person entitles to this highest of due process? Under Strict Scrutiny; when the government is puts censorship on ideas. o The must never be viewpoint discrimination – applies to government speech.  Conservative president cannot block liberal from getting info or making IRS look into things. o 2. Procedural Due Process - the right of a person to contest government actions and decision that affect him or her. The government may satisfy this obligation by permitting a fair and timely trial or hearing before a neutral decision-maker, with the possibility of a fair appeal from adverse decision.  *Ask what basic question: Was there a fair trial? Does it affect the person brining it forth?  (Third Question) Fair opportunity to go against the gov? - If this is true then there is no procedural due process problem Procedural Inquiry – If gov action, did the person have a fair opportunity to contest that action in an impartial forum, and a fair opportunity to appeal the initial decision? - If the person affected by gov action did not have that opportunity, there is a procedural due process issue, and gov generally must show a compelling interest to sustain the contested action.o 3. Substantive Due Process – refers generally to the right to be free from arbitrary and capricious laws and gov decision or actions. This includes the right to be free from gov action that retroactively changes the law to deprive a person of vested rights.  Ask what basic question: Does it past the smell test? Is it a funny law?  (Fourth Question) If gov action did not interfere with a fundamental right, the gov action will be valid if it satisfies the rational basis test. If the gov action interfered with a fundamental right, that action will only be sustained if the gov is satisfies strict scrutiny by showing a compelling interest- If strict scrutiny fails then apply rational basis.- Rational Basis – could a rational legislature conclude that the contested statues is reasonable related to accomplishing a legitimate purpose of government? The test is applicable when a claimant challenge the constitutionality of a statutes and the statue does not interfere with a fundamental right and does not adversely affect a constitutionally protected class. Was the gov action rationally related to a legitimate gov interest? Easier to stand- Compelling Test (aka Strict Scrutiny) - is this the least intrusive means to satisfy an essential purpose of government?- Equal Protection - does this treat people differently- There are two basis that are applied when the Strict Scrutiny and Equal Protection are being applied:o Suspect Class – a discrete insular minority that has traditionally been underrepresented in government (black or white, male or women) A person cannot change back and forth or can’t choose it; it’s set in stone. o *If the law would treat people different based on their exercise of their fundamental rightso Fundamental rights – generally are those specifically indentifies in the BOR or which the SC otherwise concludes are worthy of the greatest protection. If a gov action affects right that are not fundamental, courts generally will apply a rational basis test. An example of fundamental rights are religion and political speech, o Any content based restriction is suspect. - Search & Seizure – if the search is lawful anything the search uncovers is fair game; traffic stop & sees bloody knife in back seat inplain view that’s fair gameo The key question is: was the search legal. If it was then everything found is fair game. (Examples Below) If a person is stopped and the officer sees a dead body he can use that as evidence Police knocks on the door of a frat house and sees young four year old girls through the open door; they can arrest because it is in plain view. Police stands at the door and calls in for a search warrant; If the police think someone is in danger, like sounds of struggle, they can enter. If the traffic stop is lawful can the police go through your vehicle.  If a criminal offense-fair game. If a civil offense no search.o Know pages 103-111 and how to apply the rightso No constitutional rights against race; there are statutory rights but not constitutional. - Devious Teacher could create a fact pattern involving all of these (constitutional rights).- First Amendment reads congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. o Florida Statue’s Definition of Religion: ?- Free Exercise Clause Inquiry o Did the gov action unnecessarily interfere with a person’s practice of his or her religion?o If so, there may have been a violation of the FECo Did the gov satisfy the compelling interest test?o The “wall of separation between church and state” doesn’t appear in the BOR o There aren’t many countries that allow freedom of religion. - The Establishment Clause & The Free Exercise Clause – prohibit action by the gov to create a national church or interfere with the religious views and practices of individuals. Violation arises when authorities seek to prohibit action by individuals or religiousinstitutions.o The Establishment Clause – prohibits gov from establishing a monotheistic religion, polytheistic, or a


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FSU POS 3691 - Final Exam Study Guide

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