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Interpreting Florida S Constitution

Author: Patrick John McGinley
Publisher: Law Office of Patrick John McGinley, P.A.
Size: 45.56 MB
Format: PDF
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This law school casebook analyzes the Constitution of the State of Florida. It begins with the idea of a state being a "laboratory of democracy" where rights may be expanded or invented within the minimum requirements of the federal constitution. It explores the question of how a state constitution can produce its own jurisprudence in light of the supremacy of the United States Constitution. It outlines the canons of construction for the Florida Constitution. It introduces the concept that a state constitution can be a source of heightened civil liberties and fundamental rights. It explores this issue in greater detail by using the Florida Constitution as an example. It identifies Florida Constitutional rights without an exact parallel to those in the text of the US Constitution and asks whether Florida has taken its own path in interpreting or implementing the identified constitutional rights. It introduces rights enumerated in the text of the Florida Constitution that are not embodied in the text of the US Constitution. In so doing, it compares Florida's approach to those of other state constitutions. It addresses the familiar refrain that unlike the federal constitution a state's constitution is a restriction upon power not a grant of power. It looks at state constitutional criminal procedure by examining the ancient origin of the jury and the recent origin of Florida criminal procedure. Finally, it examines the US Supreme Court's acceptance of a state's inherent police power, and state-by-state differences in zoning and nuisance law, so as to better understand how eminent domain and inverse condemnation may differ under state constitutions such as Florida's.

Florida Standard Jury Instructions In Civil Cases

Author: The Florida Bar Continuing Legal Education
Publisher: LexisNexis
ISBN: 1632843862
Size: 72.56 MB
Format: PDF, Kindle
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In March 2010, the Florida Supreme Court issued a decision reorganizing and renumbering the Florida Standard Jury Instructions in Civil Cases, the first comprehensive revision of the instructions since their inception in 1967. Many instructions were revised to make them more understandable for jurors. In addition, the Court adopted substantive amendments to several instructions. Highlights of the this reorganization of the instructions include: • Reorganization and renumbering of the substantive areas into separate sections that incorporate pertinent standard instructions tailored to that specific area of the law • Implementation of "plain English" terminology to improve juror understanding • Reordering of the timing and sequencing of instructions during the trial process to improve communication to the jurors • Revision of the Notes on Use to improve currency, eliminate outdated references, clarify the points being made, and point out areas where the committee has not taken a position. The Third Edition updates the instructions, incorporating the miscellaneous revisions and corrections that have been made through 2015. The eBook versions of this title feature links to Lexis Advance for further legal research options.

Journal Of The House Of Representatives Of The United States

Author: United States. Congress. House
Size: 47.70 MB
Format: PDF, ePub, Mobi
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Some vols. include supplemental journals of "such proceedings of the sessions, as, during the time they were depending, were ordered to be kept secret, and respecting which the injunction of secrecy was afterwards taken off by the order of the House."