Podcast
Questions and Answers
What does a plaintiff need to establish to have standing in a lawsuit?
What does a plaintiff need to establish to have standing in a lawsuit?
Which amendment is included in the Bill of Rights?
Which amendment is included in the Bill of Rights?
What is the primary focus of Article I of the Constitution?
What is the primary focus of Article I of the Constitution?
What theory of interpretation do originalists follow?
What theory of interpretation do originalists follow?
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Which of the following is NOT included in the protections offered by the Bill of Rights?
Which of the following is NOT included in the protections offered by the Bill of Rights?
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Which of the following is a power not granted to Congress under Article I, Section 8?
Which of the following is a power not granted to Congress under Article I, Section 8?
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In what case can a plaintiff bring a lawsuit on behalf of a third party?
In what case can a plaintiff bring a lawsuit on behalf of a third party?
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What has no bearing on a Congress member's immunity in civil and criminal actions?
What has no bearing on a Congress member's immunity in civil and criminal actions?
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What is the Dormant Commerce Clause primarily concerned with?
What is the Dormant Commerce Clause primarily concerned with?
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Which of the following falls under the category of protected speech?
Which of the following falls under the category of protected speech?
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What does the 6th Amendment guarantee for defendants in criminal trials?
What does the 6th Amendment guarantee for defendants in criminal trials?
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Which clause prohibits unreasonable burdens on citizens of other states when doing business?
Which clause prohibits unreasonable burdens on citizens of other states when doing business?
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Which Supreme Court test is used to determine whether speech is considered obscene?
Which Supreme Court test is used to determine whether speech is considered obscene?
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Under the Equal Protection Clause, which of the following is least likely to receive heightened scrutiny?
Under the Equal Protection Clause, which of the following is least likely to receive heightened scrutiny?
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What does the Supremacy Clause establish when state and federal laws conflict?
What does the Supremacy Clause establish when state and federal laws conflict?
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In the context of the 5th Amendment, what is the definition of 'just compensation'?
In the context of the 5th Amendment, what is the definition of 'just compensation'?
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What type of restrictions can the government impose on speech under the Time, Place and Manner (TPM) doctrine?
What type of restrictions can the government impose on speech under the Time, Place and Manner (TPM) doctrine?
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The Affordable Care Act is an example of which power held by Congress?
The Affordable Care Act is an example of which power held by Congress?
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Which amendment protects citizens from self-incrimination?
Which amendment protects citizens from self-incrimination?
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Which of the following amendments involves the protection of due process?
Which of the following amendments involves the protection of due process?
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The government must follow certain procedures before taking a person's liberty or property, which relates to which concept?
The government must follow certain procedures before taking a person's liberty or property, which relates to which concept?
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Which level of scrutiny applies to laws that affect a suspect class or fundamental right?
Which level of scrutiny applies to laws that affect a suspect class or fundamental right?
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What makes the search conducted using thermal imaging technology unreasonable under the 4th Amendment?
What makes the search conducted using thermal imaging technology unreasonable under the 4th Amendment?
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Which amendment did Stewart's failure to be advised of his rights violate?
Which amendment did Stewart's failure to be advised of his rights violate?
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What did the court deny Geoff that constituted a violation of his rights?
What did the court deny Geoff that constituted a violation of his rights?
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Why is Jeena guilty of conspiracy in her case?
Why is Jeena guilty of conspiracy in her case?
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What led to Jim being found not guilty of conspiracy?
What led to Jim being found not guilty of conspiracy?
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What constitutes the crime of larceny in A$AP Rocky's case?
What constitutes the crime of larceny in A$AP Rocky's case?
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How does the exclusionary rule apply to evidence collected from the thermal imaging search?
How does the exclusionary rule apply to evidence collected from the thermal imaging search?
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In the case of Geoff's arrest, what principle of law was violated?
In the case of Geoff's arrest, what principle of law was violated?
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Which part of Stewart's interrogation led to the violation of his rights?
Which part of Stewart's interrogation led to the violation of his rights?
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Why was the search of Jerry’s house deemed unlawful?
Why was the search of Jerry’s house deemed unlawful?
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What is the primary focus of the Intermediate Scrutiny (IS) Test in legal contexts?
What is the primary focus of the Intermediate Scrutiny (IS) Test in legal contexts?
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Which of the following correctly distinguishes between public and private international law?
Which of the following correctly distinguishes between public and private international law?
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What is required for the police to issue a valid warrant?
What is required for the police to issue a valid warrant?
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Which of the following is a valid defense against conspiracy charges?
Which of the following is a valid defense against conspiracy charges?
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What is required for a treaty between two countries to be valid?
What is required for a treaty between two countries to be valid?
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In the context of civil law, how does the role of a judge differ from that in common law?
In the context of civil law, how does the role of a judge differ from that in common law?
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What does the 4th Amendment protect against?
What does the 4th Amendment protect against?
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Under what condition can police conduct a search without a warrant?
Under what condition can police conduct a search without a warrant?
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What is the main purpose of the Most Favored Nations (MFN) clause in contracts?
What is the main purpose of the Most Favored Nations (MFN) clause in contracts?
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Which plea allows a defendant to neither accept guilt nor contest the charges?
Which plea allows a defendant to neither accept guilt nor contest the charges?
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Which scenario best illustrates the concept of joint venture in international business?
Which scenario best illustrates the concept of joint venture in international business?
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In which scenario can police make a stop and frisk without probable cause?
In which scenario can police make a stop and frisk without probable cause?
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What are the primary responsibilities of courts in the common law system?
What are the primary responsibilities of courts in the common law system?
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Which of the following is a disadvantage of a common law system?
Which of the following is a disadvantage of a common law system?
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What must happen for the police to legally exceed the limits of a warrant?
What must happen for the police to legally exceed the limits of a warrant?
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What is a common form of cyber fraud?
What is a common form of cyber fraud?
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What defines a bilateral treaty?
What defines a bilateral treaty?
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What is the initial stage of the criminal process after an arrest?
What is the initial stage of the criminal process after an arrest?
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What is a potential effect of protectionism on international trade?
What is a potential effect of protectionism on international trade?
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What is the essential requirement for the actus reus of a crime?
What is the essential requirement for the actus reus of a crime?
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Which statement is true regarding jury decisions?
Which statement is true regarding jury decisions?
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What is the primary role of Congress when a bill is introduced?
What is the primary role of Congress when a bill is introduced?
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Which of the following represents a scenario of criminal negligence?
Which of the following represents a scenario of criminal negligence?
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What role does the International Court of Justice (ICJ) play in international law?
What role does the International Court of Justice (ICJ) play in international law?
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Which level of mens rea indicates a conscious desire to engage in criminal conduct?
Which level of mens rea indicates a conscious desire to engage in criminal conduct?
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In civil law systems, what is the primary source of law?
In civil law systems, what is the primary source of law?
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Under what circumstance can a bystander be held liable for negligence?
Under what circumstance can a bystander be held liable for negligence?
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What factor makes proving intoxication as a defense challenging?
What factor makes proving intoxication as a defense challenging?
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What determines if a court can interpret a law based on public policy?
What determines if a court can interpret a law based on public policy?
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What constitutes larceny?
What constitutes larceny?
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What is one advantage of licensing as a means of business expansion internationally?
What is one advantage of licensing as a means of business expansion internationally?
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What constitutes a search under the 4th Amendment?
What constitutes a search under the 4th Amendment?
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What is a key difference between civil law and criminal law?
What is a key difference between civil law and criminal law?
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Which defense implies a threat from another individual forcing a person to commit a crime?
Which defense implies a threat from another individual forcing a person to commit a crime?
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Which crime requires the use or threat of force directly from the victim?
Which crime requires the use or threat of force directly from the victim?
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What is a significant characteristic of strict scrutiny in legal evaluation?
What is a significant characteristic of strict scrutiny in legal evaluation?
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What must be proven for a conviction in a criminal case?
What must be proven for a conviction in a criminal case?
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Which statement about international contracts is true regarding indirect exporting?
Which statement about international contracts is true regarding indirect exporting?
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In the context of corporate criminal liability, who can be held accountable for a corporation's crime?
In the context of corporate criminal liability, who can be held accountable for a corporation's crime?
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What must law enforcement observe for an exigent circumstance to justify immediate action?
What must law enforcement observe for an exigent circumstance to justify immediate action?
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What is required for a conspiracy charge to be valid?
What is required for a conspiracy charge to be valid?
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What type of crimes carry sentences of more than one year?
What type of crimes carry sentences of more than one year?
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Which of the following is considered a defense if there is a reasonable fear of imminent harm?
Which of the following is considered a defense if there is a reasonable fear of imminent harm?
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What is a foundational aspect of administrative law?
What is a foundational aspect of administrative law?
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Which of the following is NOT a privilege that allows someone to refuse to testify?
Which of the following is NOT a privilege that allows someone to refuse to testify?
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Which of the following descriptions fits embezzlement?
Which of the following descriptions fits embezzlement?
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What is the role of the 'Good Samaritan' statute in California?
What is the role of the 'Good Samaritan' statute in California?
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What does the term 'concurrence' refer to in the context of a crime?
What does the term 'concurrence' refer to in the context of a crime?
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Which of the following actions could be considered fraud?
Which of the following actions could be considered fraud?
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What happens if the President vetoes a bill?
What happens if the President vetoes a bill?
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What is required for a solicitation charge to be established?
What is required for a solicitation charge to be established?
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What is an example of a crime against public morals?
What is an example of a crime against public morals?
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What distinguishes felonies from misdemeanors?
What distinguishes felonies from misdemeanors?
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Which of the following describes an accomplice after the fact?
Which of the following describes an accomplice after the fact?
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What is the impact of the Supremacy Clause?
What is the impact of the Supremacy Clause?
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In the context of burglary, what does 'breaking' refer to?
In the context of burglary, what does 'breaking' refer to?
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What does the term 'Doctrine of Standing' entail?
What does the term 'Doctrine of Standing' entail?
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What must police do first before searching a vehicle when they do not have a warrant?
What must police do first before searching a vehicle when they do not have a warrant?
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Under what conditions can evidence found in a police search be deemed inadmissible in court?
Under what conditions can evidence found in a police search be deemed inadmissible in court?
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Which of the following constitutes a reasonable expectation of privacy?
Which of the following constitutes a reasonable expectation of privacy?
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What does the exclusionary rule say about evidence obtained illegally?
What does the exclusionary rule say about evidence obtained illegally?
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Which scenario qualifies as exigent circumstances allowing police to search without a warrant?
Which scenario qualifies as exigent circumstances allowing police to search without a warrant?
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What must occur for the 5th amendment protections to be applicable?
What must occur for the 5th amendment protections to be applicable?
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What is required for a suspect to validly waive their right to counsel?
What is required for a suspect to validly waive their right to counsel?
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Which of the following is NOT a recognized exception to the exclusionary rule?
Which of the following is NOT a recognized exception to the exclusionary rule?
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What happens if police conduct a search of a known drug dealer's home without a warrant?
What happens if police conduct a search of a known drug dealer's home without a warrant?
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What distinguishes 'reasonable suspicion' from 'probable cause' in school searches?
What distinguishes 'reasonable suspicion' from 'probable cause' in school searches?
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What is required for police to search a vehicle after observing something illegal in plain view?
What is required for police to search a vehicle after observing something illegal in plain view?
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In what situation is a school official allowed to search a student?
In what situation is a school official allowed to search a student?
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Which of the following statements about the 6th Amendment is true?
Which of the following statements about the 6th Amendment is true?
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Which action by a suspect may be interpreted as a waiver of their right to remain silent?
Which action by a suspect may be interpreted as a waiver of their right to remain silent?
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Study Notes
Constitutional Law Overview
- The Constitution was drafted in 1787 and amended in 1791 with the Bill of Rights, comprising the first 10 amendments.
- Key protections in the Bill of Rights include the right to bear arms, free speech, due process, and protection from unreasonable searches and cruel punishment.
- Originalism is a theory of interpretation where the Constitution is understood by the framers' exact words, as advocated by Justice Scalia.
- The Constitution establishes Separation of Powers: Congress (Article I), Presidency (Article II), Judiciary (Article III).
- Article III establishes a single supreme court and grants Congress immunity for actions taken in an official capacity.
Standing to Sue
- A plaintiff must demonstrate standing by proving harm, causation, and redressability.
- Standing can be established on behalf of a third party if rights are violated or there’s a special relationship.
Federal Legislative Power
- Article I, Section 8's commerce clause allows Congress to regulate interstate commerce, taxation, and military appropriations.
- Congress can regulate channels (e.g. airports), instrumentalities (e.g. planes), and any activity impacting interstate commerce significantly.
- The Dormant Commerce Clause prohibits state laws that discriminate against interstate commerce.
- Preemption/supremacy ensures federal law overrides conflicting state law.
- The Privileges and Immunities Clause prevents unreasonable burdens on out-of-state citizens.
Federal Executive Power
- The President wields appointing authority, proposes legislation, sets foreign policy, has veto power, and appoints federal judges.
Federal Judicial Power
- The judiciary conducts judicial review and oversees legal cases.
First Amendment Rights
- The First Amendment includes freedoms of speech, press, assembly, and religion.
- Speech types: Artistic (generally protected), Political (protected unless inciting violence), and Commercial (regulated if misleading).
- Restrictions on speech (Time, Place, and Manner) must be reasonable and content-neutral.
Criminal Procedure Amendments
- The 4th Amendment safeguards against illegal searches and seizures.
- The 5th Amendment protects against self-incrimination and ensures due process.
- The 6th Amendment guarantees the right to counsel in criminal cases.
Due Process
- Procedural due process ensures fair procedures before depriving someone of liberty/property.
- Substantive due process protects fundamental rights from government infringement.
Equal Protection Clause (14th Amendment)
- The EPC mandates that no state shall deny equal protection under the law.
- Extends to immutable characteristics (e.g., race, gender) and has implications for classes like sexual orientation.
- Government distinctions are scrutinized for justification and discrimination.
Levels of Scrutiny
- Rational Basis Review (RBR) assesses laws rationally related to a legitimate interest.
- Intermediate Scrutiny (IS) requires substantial relation to an important government interest.
- Strict Scrutiny (SS) demands laws be narrowly tailored to achieve a compelling interest with limited alternatives.
International Law Basics
- International law governs cross-border business transactions and relations between countries.
- Distinction exists between public international law (governments) and private international law (individuals/businesses).
- The International Court of Justice handles disputes between nations under UN frameworks.
Treaties and Agreements
- Treaties require ratification by countries; a convention involves multiple countries.
- Examples include the CISG and NAFTA.
Legal Systems: Common Law vs. Civil Law
- Common Law (used in US, Canada, UK) relies on precedents and jury trials.
- Civil Law (followed in Europe, Russia) is statute-based with judges acting as investigators and no juries.
Most Favored Nations (MFN) Clause
- Ensures countries receive equal trade advantages, promoting fair competition.
- Applies in international trade agreements to avoid preferential treatment.
Protectionism
- Protectionist measures like tariffs and quotas restrict imports to benefit domestic industries.
Bystander Doctrine
- Bystanders typically have no legal duty to assist unless in special relationships or if they undertake aid.
- California has a Good Samaritan law requiring rescues when safe.
Legislative Process
- A bill must pass both houses of Congress and be signed by the President to become law.
- Congress can override presidential vetoes with a two-thirds majority.
- Courts use the Plain Meaning Rule and intent of Congress to interpret laws.
Administrative Law
- Federal agencies are created by Congress and have power to enforce regulations related to their industries.
- Agencies can issue binding rulings and subpoenas to ensure compliance with laws.### Criminal Classification
- Felonies involve crimes with sentences over one year, such as murder, arson, robbery, and embezzlement.
- Misdemeanors are less serious offenses with sentences under one year.
- Infractions or petty offenses do not carry a sentence.
- Defendants facing a proposed sentence longer than six months are entitled to a jury trial.
Elements of a Crime
- Crimes consist of three main components:
- Actus Reus (AR): The voluntary act that leads to a crime.
- Mens Rea (MR): The mental state or intent behind the act.
- Concurrence: The Actus Reus and Mens Rea must occur simultaneously.
Actus Reus (AR)
- Defined as a conscious voluntary act that results in harm.
- Does not include involuntary actions like unconscious movements or duress.
- An omission (failure to act) can also fulfill Actus Reus requirements, such as failing to file taxes.
Mens Rea (MR)
- The mental state necessary to establish a crime.
- Levels of Mens Rea include:
- Purpose: Intent to engage in conduct for a specific result (e.g., fraud).
- Knowledge: Awareness of facts, substantial certainty of results (e.g., arson).
- Recklessness: Conscious disregard of known risks (e.g., reckless driving).
- Criminal Negligence: Failing to be aware of significant risks (e.g., leaving a child in a hot car).
- Concurrence means Mens Rea must exist when Actus Reus is performed.
Corporate Criminal Liability
- Company directors and officers can be liable for crimes committed within their employment scope if they participated or directed criminal activities.
Theft Crimes
- Larceny: Unlawful taking of someone's property with intent to permanently deprive the owner.
- Burglary: Breaking and entering a dwelling at night with intent to commit a crime within.
- Robbery: Taking property directly from a victim by force or threat.
- Embezzlement: Misappropriation of funds by someone in lawful possession (e.g., a bank teller pocketing cash).
- Fraud: Deceptive practice to secure unfair or unlawful gain.
- Forgery: Alteration of writing to change legal rights.
- Bribery: Offering value to influence actions.
- Insider Trading: Making trades based on non-public information.
- Money Laundering: Concealing the origins of illegally obtained funds.
Conspiracy, Solicitation, and Accomplice Liability
- Conspiracy: Agreement between two or more individuals to commit a crime.
- Principal: The individual who commits the actual crime.
- Accomplice: Assists or facilitates the principal's crime.
- Co-conspirators are liable for all foreseeable crimes related to the conspiracy.
- Merger Doctrine: Individuals can be convicted of both conspiracy and the completed crime.
Criminal Defenses
- Self-Defense and Defense of Another: Use of reasonable force in response to perceived threats.
- Necessity: Justification that a crime was committed to prevent greater harm.
- Insanity and Intoxication: Can be complex defenses due to subjective interpretations.
- Mistake of Fact and Duress: Defenses based on misunderstandings or coercive pressure.
- Entrapment: Involvement of law enforcement in initiating a crime.
- Withdrawal from Conspiracy: Must be communicated to co-conspirators for it to be a valid defense.
Criminal Process
- Starts with an arrest based on probable cause.
- Booking involves collecting personal details and recording crime information.
- Arraignment: Initial court appearance where rights are read, and charges are presented.
- Defendants can plead not guilty, guilty, or nolo contendere.
- Jury Selection: Consists of 12 jurors, requiring a unanimous decision for a verdict.
Cyber Fraud
- Types include identity theft, hacking, phishing, and data breaches.
- Enforcement challenges arise due to often no physical evidence linked to suspects.
Constitutional Protections
- Fourth Amendment: Protects against unreasonable searches and seizures, requiring probable cause for warrants.
- Probable Cause: Standard indicating a reasonable belief that a crime has occurred or evidence can be found.
- Exceptions to Warrant Requirements: Consent, exigent circumstances, and plain view doctrine.
- Fifth Amendment: Protects against self-incrimination; requires hearings for custodial interrogations.
- Sixth Amendment: Guarantees the right to counsel throughout the criminal process.
- Exclusionary Rule: Bars evidence obtained in violation of constitutional rights from being used in court.### Right to Counsel
- The right to counsel is guaranteed by the 6th Amendment of the U.S. Constitution.
- Geoff has the entitlement to legal representation under this constitutional right.
Jeena and Sunny's Case
- Identical twins Jeena and Sunny are co-valedictorians at their school in Irvine.
- Jeena hires Jim to kill Sunny out of jealousy to assume her sister’s role as "popular."
- A criminal conspiracy requires an agreement and an overt act; Jeena’s actions establish her guilt.
- Jeena’s solicitation to kill and the kidnapping of Sunny are key components of her conspiracy charge.
- Jim, who was also part of the conspiracy, withdrew before committing the crime and notified Jeena.
- Due to Jim’s withdrawal and communication of this action, he is not guilty of conspiracy.
A$AP Rocky's Case
- A$AP Rocky was involved in a physical altercation with paparazzi outside a club.
- After the fight, he took the paparazzi’s camera but was stopped before he could leave with it.
- Rocky was found guilty of larceny despite not successfully removing the camera, as he intended to and moved it.
- His actions meet the criteria for larceny: unlawful taking of someone else's property with intent to permanently deprive.
- He ultimately entered a guilty plea related to the larceny charge.
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Description
Test your knowledge of key principles in Constitutional Law, including the Bill of Rights, the theory of Originalism, and the framework of separation of powers. This quiz covers foundational aspects you need to understand for deeper legal studies.
