Introduction to Constitutional and Statutory Law

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Questions and Answers

What does the supremacy clause of the federal Constitution establish?

Federal law generally overrules state and local law when there is a conflict. (correct)

Local ordinances can override state laws.

State law always prevails over federal law.

Constitutional law is not applicable in state matters.

Which of the following is an example of a civil law matter?

Public intoxication

Theft

Assault

Child custody issues (correct)

What types of law does statutory law include?

Constitutional law exclusively

Criminal, civil, administrative, and regulatory laws (correct)

Only criminal law

Only civil law

Which of the following can be law violations under ordinances?

Both criminal violations and civil infractions Signup and view all the answers

What is required for a person to initiate a civil lawsuit?

A recognized cause of action Signup and view all the answers

What are compensatory damages designed to do?

Compensate for actual property damage, harm, or injury Signup and view all the answers

Which type of damages is specifically awarded when there is insufficient proof of measurable financial harm?

Nominal damages Signup and view all the answers

What constitutes special damages in a negligence claim?

Reimbursement for lost earnings and medical expenses Signup and view all the answers

When are punitive damages awarded?

When the defendant acted with recklessness, malice, or deceit Signup and view all the answers

Which of the following is NOT a type of compensatory damage?

Punitive damages Signup and view all the answers

What is required for a consensual encounter in law enforcement?

Voluntary conversation with no suspicion Signup and view all the answers

Which of the following sources can legally establish probable cause?

Testimony from a reliable informant Signup and view all the answers

What standard must be met for a criminal defendant to be found guilty?

Proof beyond a reasonable doubt Signup and view all the answers

What must an officer have to perform an investigative stop?

Reasonable suspicion Signup and view all the answers

What may limit the prosecutor's ability to file a case even if probable cause exists?

Insufficient evidence to prove guilt beyond a reasonable doubt Signup and view all the answers

In which situation is probable cause necessary?

Arrest Signup and view all the answers

Which of the following can be considered corroborated evidence for probable cause?

Verified information from multiple sources Signup and view all the answers

What does the term 'proof beyond a reasonable doubt' imply?

There is no other reasonable explanation for the evidence Signup and view all the answers

What type of suspicion is required for law enforcement to initiate a consensual encounter?

No suspicion Signup and view all the answers

Which of the following best describes reasonable suspicion?

More than a vague suspicion but less than probable cause Signup and view all the answers

Study Notes

Constitutional Law

Florida Constitution ensures residents have the same level of rights or greater compared to federal Constitution
Federal supremacy clause states federal law supersedes state and local laws
State laws can be stricter than federal laws but cannot undermine federal standards

Statutory Law

Written and enacted by government bodies to address specific needs
Includes criminal, civil, administrative, and regulatory laws
Criminal law defines unacceptable behaviors and punishments
Ordinances are laws created by local governments
Ordinances address narrow applications, like curfews, alcohol sales restrictions, parking regulations
Apply within the jurisdiction of the enacting entity
Some ordinance violations are criminal, others are civil

Civil Law

Legal action taken by a person to resolve a non-criminal dispute with another person
Courts provide a platform for settling such disputes
Examples include child custody, landlord-tenant disagreements, property boundary conflicts
Law enforcement involvement beyond keeping the peace and referring to appropriate jurisdiction is limited
Plaintiffs must have a legally recognized cause of action

Negligence and Damages

Compensatory damages aim to compensate for actual harm, injury, or property damage
Compensatory damages include:
- General damages: presumed harm (pain and suffering, humiliation, emotional distress)
- Special damages: proven harm (lost earnings, medical expenses, property damage, attorney fees)
Nominal damages are symbolic, awarded for violation of rights but insufficient evidence of financial harm
Punitive damages punish the defendant's actions and deter future occurrences, awarded alongside compensatory damages

Standards of Legal Justification

The U.S. Constitution protects individuals' privacy by requiring legal justification for interference.
Probable Cause: A reasonable belief that a crime has been, is being, or will be committed
Reasonable Suspicion: A less stringent standard, based on specific and articulable facts
Proof Beyond a Reasonable Doubt: The standard used in criminal trials, requiring no other reasonable explanation for the crime than the defendant's actions

Legal Sources for Reasonable Suspicion and Probable Cause

Informants
Corroborated (verified) anonymous tips
Reliable and credible confidential information
Lineups and show-ups
Legally obtained information

Search and Seizure

Generally require a warrant based on probable cause
Exceptions apply to:
- Consent
- Plain View
- Emergency Situations
- Searches Incident to Arrest
- Vehicle Inventory
- Administrative Searches

Vehicle Inventory

Does not require a warrant as it is a standardized procedure
Aims to secure the vehicle and its contents for safety and inventory purposes

Administrative Searches

Do not require a warrant due to specific settings or conditions
Include searches of:
- Students and public schools
- Government offices and property
- Businesses and licensed activities
- Probationers and parolees
Typically conducted for regulatory purposes
Reduced expectations of privacy due to heavy regulation

Search Incident to Arrest

Allows warrantless search of a person during a lawful arrest
Rationale:
- Disarm the suspect
- Preserve evidence for trial
Requirements:
- Lawful custodial arrest
- Physical, custodial arrest

Arrests

Action by law enforcement to deprive a person's liberty under legal authority
Arrest Warrant: Court order authorizing arrest, based on probable cause affidavit
Warrantless Arrest: Permitted in specific circumstances:
- Witnessing a felony, misdemeanor, or ordinance violation
- Probable cause to believe a felony occurred
- Warrant held by another law enforcement officer or agency
- Misdemeanor that does not require witnessing

Entry of Residence to Arrest

Officers can enter the residence of a wanted person with a reasonable belief the person is present
Entry into a third party's residence requires a search warrant or justification for a warrant exception (e.g., Steagald v. U.S.)

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Description

This quiz covers key concepts in constitutional and statutory law, focusing on the relationships between state and federal laws, the nature of criminal and civil law, and the role of local ordinances. It examines how laws are created, enforced, and the rights of residents under different legal frameworks.