Podcast
Questions and Answers
Exclusionary evidence does not apply to which of the following? (Select all that apply)
Exclusionary evidence does not apply to which of the following? (Select all that apply)
- Parole hearings (correct)
- Grand jury proceedings (correct)
- Evidence seized due to Miranda violations
- Civil proceedings (correct)
What is the main difference between extortion and robbery?
What is the main difference between extortion and robbery?
Extortion does not require a taking from the victim's person or presence; it involves threats of future, rather than immediate harm.
What must be shown for a defendant to have standing to challenge a search or seizure under the 4th amendment?
What must be shown for a defendant to have standing to challenge a search or seizure under the 4th amendment?
The defendant must have a reasonable expectation of privacy in the thing or place to be searched.
What happens if prosecutors seek an indictment from a grand jury based on evidence obtained in violation of the exclusionary rule?
What happens if prosecutors seek an indictment from a grand jury based on evidence obtained in violation of the exclusionary rule?
What constitutes a killing that is deliberate and premeditated?
What constitutes a killing that is deliberate and premeditated?
When does a defendant have a right to a jury trial and what part of the constitution provides this right?
When does a defendant have a right to a jury trial and what part of the constitution provides this right?
When is the use of deadly force permissible by police to effectuate an arrest?
When is the use of deadly force permissible by police to effectuate an arrest?
Is a warrant required for police to execute an emergency arrest occurring in the arrestee's home?
Is a warrant required for police to execute an emergency arrest occurring in the arrestee's home?
Do witnesses have a right to counsel inside a grand jury?
Do witnesses have a right to counsel inside a grand jury?
What rules apply when a defendant acts in defense of others?
What rules apply when a defendant acts in defense of others?
Can police search the trunk of an automobile incident to a lawful arrest of the driver?
Can police search the trunk of an automobile incident to a lawful arrest of the driver?
What are the requirements for an effective defense of involuntary intoxication?
What are the requirements for an effective defense of involuntary intoxication?
What is a plain view search?
What is a plain view search?
What must be the effect of the creation or alteration of a document for it to give rise to forgery?
What must be the effect of the creation or alteration of a document for it to give rise to forgery?
If one is found to be an accomplice, to what extent are they liable for crimes committed by the principal?
If one is found to be an accomplice, to what extent are they liable for crimes committed by the principal?
Is there a limit on what police can search when they obtain valid consent?
Is there a limit on what police can search when they obtain valid consent?
What theory controls the negotiation and enforcement of plea bargains?
What theory controls the negotiation and enforcement of plea bargains?
Felony murder is a killing caused during what?
Felony murder is a killing caused during what?
In what circumstances would exigent circumstances exist allowing a warrantless search or seizure?
In what circumstances would exigent circumstances exist allowing a warrantless search or seizure?
What is a grand jury and is it required to be used?
What is a grand jury and is it required to be used?
In what situations will one always have a reasonable expectation of privacy?
In what situations will one always have a reasonable expectation of privacy?
What is the definition of voluntary manslaughter?
What is the definition of voluntary manslaughter?
When can a failure to act constitute actus reus for a given crime?
When can a failure to act constitute actus reus for a given crime?
What is a stop and frisk?
What is a stop and frisk?
What are the main specific intent crimes?
What are the main specific intent crimes?
When must a search warrant be executed once it is issued?
When must a search warrant be executed once it is issued?
What are the exceptions to the 4th amendment search warrant requirement?
What are the exceptions to the 4th amendment search warrant requirement?
What is the 5th amendment right to counsel?
What is the 5th amendment right to counsel?
If police illegally search evidence but show that they would have discovered it anyway absent illegal conduct, can it be admitted?
If police illegally search evidence but show that they would have discovered it anyway absent illegal conduct, can it be admitted?
What warrant requirements exist for searches conducted at the border?
What warrant requirements exist for searches conducted at the border?
What insanity test does the MPC use?
What insanity test does the MPC use?
What constitutes a crime committed knowingly for criminal law purposes?
What constitutes a crime committed knowingly for criminal law purposes?
What is a search incident to lawful arrest?
What is a search incident to lawful arrest?
A remainder will be contingent if it is either?
A remainder will be contingent if it is either?
What is a fee simple subject to an executory interest?
What is a fee simple subject to an executory interest?
When must a modification to a contract be in writing?
When must a modification to a contract be in writing?
Protected speech receives what level of scrutiny?
Protected speech receives what level of scrutiny?
If a defendant uses the legal system as an ulterior purpose to threaten or act against a plaintiff, what claim may the plaintiff bring?
If a defendant uses the legal system as an ulterior purpose to threaten or act against a plaintiff, what claim may the plaintiff bring?
What type of prior conduct may be admissible as evidence of habit?
What type of prior conduct may be admissible as evidence of habit?
What is the contract clause and to what does it apply?
What is the contract clause and to what does it apply?
If a conveyance gives a life estate to a grantee with a remainder to the grantee's heirs, what rule applies at common law?
If a conveyance gives a life estate to a grantee with a remainder to the grantee's heirs, what rule applies at common law?
Can a plaintiff who dismissed his case without leave of court file the claim again?
Can a plaintiff who dismissed his case without leave of court file the claim again?
What requirement must be met for any testifying witness?
What requirement must be met for any testifying witness?
When the grantor creates a life estate in another but creates a future interest in the grantor's heirs, what doctrine arises?
When the grantor creates a life estate in another but creates a future interest in the grantor's heirs, what doctrine arises?
When is notice to an adverse party not required for a temporary restraining order?
When is notice to an adverse party not required for a temporary restraining order?
What remedy is available to a seller if a buyer in a UCC contract stops paying or becomes insolvent?
What remedy is available to a seller if a buyer in a UCC contract stops paying or becomes insolvent?
At what point does jeopardy attach for double jeopardy purposes?
At what point does jeopardy attach for double jeopardy purposes?
When is a co-defendant's confession that implicates a defendant inadmissible?
When is a co-defendant's confession that implicates a defendant inadmissible?
What classifications receive rational basis standard of review in an equal protection analysis?
What classifications receive rational basis standard of review in an equal protection analysis?
What must exist for the creation of an equitable servitude?
What must exist for the creation of an equitable servitude?
Is an attorney's fee agreement with a client protected under the attorney-client privilege?
Is an attorney's fee agreement with a client protected under the attorney-client privilege?
If an attorney represents an organization, to whom does the attorney-client privilege apply?
If an attorney represents an organization, to whom does the attorney-client privilege apply?
What role does a forum state's interest play in determining whether the exercise of personal jurisdiction is fair?
What role does a forum state's interest play in determining whether the exercise of personal jurisdiction is fair?
What are the three factors in determining if jurisdiction is fair for personal jurisdiction?
What are the three factors in determining if jurisdiction is fair for personal jurisdiction?
What constitutes depraved or malignant heart murder?
What constitutes depraved or malignant heart murder?
When would diminished capacity be an effective defense to criminal liability?
When would diminished capacity be an effective defense to criminal liability?
In what situations is a communication between an attorney and client protected by attorney-client privilege?
In what situations is a communication between an attorney and client protected by attorney-client privilege?
If a document is used to refresh a witness's memory during testimony, what rules apply?
If a document is used to refresh a witness's memory during testimony, what rules apply?
What is the implied covenant of quiet enjoyment?
What is the implied covenant of quiet enjoyment?
What requirements must be satisfied for a recorded recollection to be read into evidence?
What requirements must be satisfied for a recorded recollection to be read into evidence?
If a defendant in a criminal trial introduces evidence of good character, what are potential consequences?
If a defendant in a criminal trial introduces evidence of good character, what are potential consequences?
What is the standard of care expected of a professional in a given industry?
What is the standard of care expected of a professional in a given industry?
If parties to a contract agree to accept different performance, is this an accord, a satisfaction, or both?
If parties to a contract agree to accept different performance, is this an accord, a satisfaction, or both?
If a buyer notifies a seller that goods delivered are defective, can the seller cure? How?
If a buyer notifies a seller that goods delivered are defective, can the seller cure? How?
If a defendant invokes their 5th Amendment privilege and does not testify, can the prosecution comment on this?
If a defendant invokes their 5th Amendment privilege and does not testify, can the prosecution comment on this?
In what ways can a killing committed during an act of self-defense be reduced from murder to voluntary manslaughter?
In what ways can a killing committed during an act of self-defense be reduced from murder to voluntary manslaughter?
Under common law, can there be a conspiracy where only one person has the requisite criminal intent?
Under common law, can there be a conspiracy where only one person has the requisite criminal intent?
What is the definition of extortion?
What is the definition of extortion?
What is a detention under the 4th amendment? How is it different from an arrest?
What is a detention under the 4th amendment? How is it different from an arrest?
To what extent does a defendant have a right to be present at their criminal trial?
To what extent does a defendant have a right to be present at their criminal trial?
May police search the contents of an arrestee's cell phone without a warrant?
May police search the contents of an arrestee's cell phone without a warrant?
The right to a speedy trial is guaranteed in what part of the Constitution? What protection does it provide the defendant?
The right to a speedy trial is guaranteed in what part of the Constitution? What protection does it provide the defendant?
Is withdrawal from a co-conspirator's crimes effective as a defense to liability for the target offense of the conspiracy?
Is withdrawal from a co-conspirator's crimes effective as a defense to liability for the target offense of the conspiracy?
What act and intent requirements exist for the inchoate offense of attempt?
What act and intent requirements exist for the inchoate offense of attempt?
What is the factor that distinguishes larceny by trick from false pretenses?
What is the factor that distinguishes larceny by trick from false pretenses?
If a defendant commits a killing during an alleged robbery but is found not guilty of the robbery, can he be guilty of felony murder based on the robbery?
If a defendant commits a killing during an alleged robbery but is found not guilty of the robbery, can he be guilty of felony murder based on the robbery?
What must be established to prove adequate provocation for voluntary manslaughter?
What must be established to prove adequate provocation for voluntary manslaughter?
What is evanescent evidence, and what authority do police have regarding a warrantless search or seizure of evanescent evidence?
What is evanescent evidence, and what authority do police have regarding a warrantless search or seizure of evanescent evidence?
What must one do to be liable for the inchoate crime of solicitation? At what point is solicitation a completed offense?
What must one do to be liable for the inchoate crime of solicitation? At what point is solicitation a completed offense?
What is proximate cause for criminal law purposes? What could negate proximate cause?
What is proximate cause for criminal law purposes? What could negate proximate cause?
What is required for someone to effectively withdraw from a crime such that they are not liable as an accomplice?
What is required for someone to effectively withdraw from a crime such that they are not liable as an accomplice?
What is continuing trespass, and at what point can it become larceny?
What is continuing trespass, and at what point can it become larceny?
What is required to detain someone at the border?
What is required to detain someone at the border?
When police use force to effectuate an arrest, to what extent may they use non-deadly force?
When police use force to effectuate an arrest, to what extent may they use non-deadly force?
What is required for a defendant to show, on appeal, that they had ineffective assistance of counsel at their criminal trial?
What is required for a defendant to show, on appeal, that they had ineffective assistance of counsel at their criminal trial?
In what situation can a finder of a lost item become criminally liable for larceny?
In what situation can a finder of a lost item become criminally liable for larceny?
Under the theory of assault as a threat, what conduct gives rise to assault?
Under the theory of assault as a threat, what conduct gives rise to assault?
What inchoate offenses merge with a completed substantive offense?
What inchoate offenses merge with a completed substantive offense?
The 4th amendment only applies to government conduct, but in what situation might conduct by private citizens constitute government conduct?
The 4th amendment only applies to government conduct, but in what situation might conduct by private citizens constitute government conduct?
What requirements must be satisfied for police to obtain valid consent to search?
What requirements must be satisfied for police to obtain valid consent to search?
When are Miranda warnings required for witnesses or suspects during grand jury proceedings?
When are Miranda warnings required for witnesses or suspects during grand jury proceedings?
If police try to arrest a suspect in public, but she flees into a private dwelling without a warrant to effectuate the arrest?
If police try to arrest a suspect in public, but she flees into a private dwelling without a warrant to effectuate the arrest?
What rights does a defendant have to challenge potential jurors in a criminal trial?
What rights does a defendant have to challenge potential jurors in a criminal trial?
Can a judge direct a verdict as to a defendant's guilt?
Can a judge direct a verdict as to a defendant's guilt?
Are prosecutors allowed to offer immunity in exchange for potentially incriminating grand jury testimony?
Are prosecutors allowed to offer immunity in exchange for potentially incriminating grand jury testimony?
Can illegally obtained evidence be used to impeach a defendant at trial? What about a non-defendant witness?
Can illegally obtained evidence be used to impeach a defendant at trial? What about a non-defendant witness?
What effect would an infancy defense have if the defendant is 9 years old?
What effect would an infancy defense have if the defendant is 9 years old?
In what narrow circumstances can mistake of law be an effective defense?
In what narrow circumstances can mistake of law be an effective defense?
The 8th amendment prohibition on cruel and unusual punishment bars what type of punishment?
The 8th amendment prohibition on cruel and unusual punishment bars what type of punishment?
What is the knock and announce requirement with regard to executing a search warrant?
What is the knock and announce requirement with regard to executing a search warrant?
Study Notes
Temporary Restraining Order
- Notice to the adverse party isn't required when there is a showing of immediate and irreparable injury to the moving party, and efforts to notify have been described.
UCC Contract Remedies
- Unpaid sellers can reclaim goods from an insolvent buyer, but cannot reclaim from subsequent buyers.
Double Jeopardy
- Jeopardy attaches at the beginning of a trial: when a jury is impanelled for jury trials, when the first witness is sworn in for bench trials, and upon acceptance of a plea agreement.
Co-Defendant Confessions
- A co-defendant's confession is inadmissible against the defendant during a joint jury trial but can be permissible in a bench trial.
Equal Protection Analysis
- Rational basis review applies to classifications of alienage relating to self-government or congressional immigration actions; other classifications include age, disability, and wealth.
Equitable Servitude Requirements
- Creation requires a written promise, intent to bind successors, the promise must touch and concern the land, and successors must have notice.
Attorney-Client Privilege
- Attorney's fee agreements are generally not protected under attorney-client privilege, although communications intended to facilitate legal services remain protected.
Organizational Client Representation
- Attorney-client privilege applies to any employee authorized to speak with the attorney on behalf of the organization.
Personal Jurisdiction Factors
- The forum state's interest in providing redress for residents and the outcome of the case is crucial for determining fairness in personal jurisdiction.
Murder Definition
- Depraved or malignant heart murder entails reckless indifference to an unjustifiable risk of human life.
Diminished Capacity Defense
- Available if the defendant shows a mental defect preventing the formation of the requisite mental state for specific intent crimes.
Reviving Witness Memory
- Anything can refresh a witness's memory during testimony; they can't read aloud but may look at the document briefly before continuing.
Implied Covenant of Quiet Enjoyment
- Tenants are entitled to quiet use and enjoyment, with breaches possibly occurring through actual or constructive eviction.
Recorded Recollection as Evidence
- Conditions include personal knowledge by the witness, inability to recall, freshness of the record, and accurate reflection of the witness's knowledge.
Character Evidence in Trials
- If a defendant introduces evidence of good character, the prosecution may rebut with cross-examination of character witnesses or by presenting evidence of bad character.
Professional Standard of Care
- Professionals are expected to act with the care typical of average members in their profession within similar communities.
Accord and Satisfaction
- An accord is a new agreement to accept different performance, and satisfaction occurs once the new agreement is fulfilled.
Seller's Right to Cure Defective Goods
- A seller can cure defects if they notify the buyer of the intent to cure and do so within a reasonable timeframe or had reasonable grounds to believe the initial goods would be acceptable.
Fifth Amendment Privilege
- The prosecution cannot comment on a defendant's invocation of the Fifth Amendment or their silence at trial.
Voluntary Manslaughter
- A killing in self-defense can reduce murder to manslaughter if the defendant initiated the confrontation or unreasonably perceived a need for deadly force.
Conspiracy Requirements
- At common law, two individuals must have criminal intent for conspiracy, while the MPC allows for unilateral conspiracy.
Definition of Extortion
- Extortion involves obtaining property through threats of future harm, differing from robbery that necessitates immediate threats.
Detention under the Fourth Amendment
- Defined as a government seizure less than a full custodial arrest.
Right to be Present at Trial
- The Sixth Amendment guarantees a defendant's right to be present for critical stages of their trial.
Cell Phone Searches
- Police may not search digital information on an arrestee's phone without a warrant.
Speedy Trial Rights
- The Sixth Amendment protects against unreasonable delays from charges being filed to trial commencement, applicable once the defendant is arrested or charged.
Withdrawal from Conspiracy
- Under common law, once in a conspiracy, a defendant cannot withdraw, but the MPC allows withdrawal if the conspirator thwarts the plan.
Attempt Requirements
- Requires an overt act beyond mere preparation reflecting specific intent to commit a crime.
Larceny by Trick vs. False Pretenses
- The key distinction lies in possession (larceny by trick) versus ownership (false pretenses).
Felony Murder Doctrine
- A defendant cannot be convicted of felony murder if not guilty of the underlying felony.
Adequate Provocation for Manslaughter
- Must be shown that provocation causes intense passion, the defendant was actually provoked, insufficient time to cool off existed, and the defendant did not cool off.
Evanescent Evidence
- Evidence that may disappear without a warrant can be seized based on the totality of circumstances.
Inchoate Crime of Solicitation
- Requires inciting someone to commit a crime; complete upon asking, merging with conspiracy if the solicited party agrees.
Proximate Cause in Criminal Law
- Constitutes a result being a natural outcome of conduct, negated by unforeseeable intervening acts.
Effective Withdrawal from Accomplice Liability
- Requires repudiation of prior aid, taking action to counteract that aid, and doing so before the situation is irreversible.
Continuing Trespass to Larceny
- Arises when one borrows property intending to return it but later decides against it.
Border Detention Requirements
- Reasonable suspicion is required for detention at the border.
Non-Deadly Force During Arrest
- Reasonable non-deadly force is permissible to effectuate an arrest while deadly force is allowed against fleeing felons posing serious threats.
Ineffective Assistance of Counsel Defense
- A defendant must demonstrate a reasonable probability that the outcome would differ if not for counsel’s deficiencies.
Finder Liability for Larceny
- Can incur larceny charges if they know the true owner of a lost item and decide to keep it.
Assault as a Threat
- Represents an intentional act creating a reasonable apprehension of imminent harm in the victim.
Merging Inchoate Offenses
- Solicitation and attempt merge with the completed substantive offense.
Government Conduct by Private Citizens
- Conduct by private individuals can be deemed state action if executed under government direction.
Valid Consent for Police Searches
- Consent must be voluntary and the person providing it must have authority.
Miranda Warnings in Grand Jury Proceedings
- These warnings are not required for witnesses or suspects during grand jury sessions.
Hot Pursuit and Arrest
- Police may enter a private dwelling to arrest a suspect if they are in hot pursuit with probable cause.
Jury Selection Rights
- The defendant has rights to question potential jurors for biases and to challenge jurors peremptorily but can't exclude based on race or gender.
Directed Verdicts
- Judges cannot direct a verdict of guilt, as this would violate the right to a jury trial; however, they can direct a verdict of acquittal.
Granting Immunity for Testimony
- Prosecutors can offer immunity for potentially self-incriminating grand jury testimony.
Use of Illegally Obtained Evidence
- Confessions resulting from Miranda violations can be used for impeachment at trial, but not generally for non-defendant witnesses.
Infancy Defense
- A child under 7 years has no criminal liability; ages 7-14 bear a rebuttable presumption against liability.
Mistake of Law Defense
- Rarely valid, may apply if there is reliance on an invalid statute or if ignorance negates a required element of the crime.
Eighth Amendment Protections
- Prohibits punishment that is grossly disproportionate to the offense committed.
Knock and Announce Rule
- Police must announce their presence before entering to execute a search warrant unless dangerous or futile circumstances exist.
Illegal Evidence in Grand Jury
- Evidence obtained through illegal searches may be used in grand jury proceedings, which are exempt from the exclusionary rule.
Extortion vs. Robbery
- Extortion involves future harm threats, while robbery requires immediate threats and taking from the victim's presence.
Fourth Amendment Standing
- A defendant must possess a reasonable expectation of privacy in the searched location to challenge a search or seizure.
Indictment Based on Exclusionary Evidence
- Prosecutors can seek an indictment based on evidence inadmissible at trial due to exclusionary violations.
Deliberate and Premeditated Killing
- Killing that is deliberate involves consideration or reflection preceding the act, with specific intent as a requirement.
Right to Jury Trial
- The Sixth Amendment assures this right for serious offenses, involving potential imprisonment over six months.
Deadly Force by Police
- Use of deadly force is permitted to prevent the escape of felons when they pose a threat of death or serious harm.
Emergency Arrest Warrant Requirement
- Emergency arrests within a person's home generally do not require a warrant if the arrest follows the suspect into the home.### General Legal Definitions and Procedures
- Emergency arrests in a home do not require a warrant.
- Witnesses in grand jury proceedings do not have the right to counsel.
- Defense of others follows the same principles as self-defense; defendants can protect others if they reasonably believe the person could lawfully defend themselves.
- Non-deadly force is allowed if the defendant: is not the initial aggressor and reasonably believes unlawful force is imminent; force must be proportionate to the offense.
Police Procedures and Search Laws
- Police cannot search the trunk of a vehicle without probable cause or consent after a lawful arrest.
- A plain view search allows police to search from any legitimate location when viewing evidence.
- A valid consent allows police to search any area or item.
- At borders, routine searches do not require a warrant or probable cause.
Liability and Accomplice Rules
- Accomplices are liable for crimes they committed, counseled, or any foreseeable crimes committed during the offense.
Crime Definitions
- Felony murder occurs during the commission of an inherently dangerous felony.
- Involuntary intoxication is when a person consumes an intoxicant without knowledge, under duress, or due to uninformed medical advice.
- Voluntary manslaughter involves killings stemming from adequate provocation or imperfect self-defense.
Criminal Law Standards and Tests
- Knowingly acting means awareness of the nature of one's actions, using a subjective standard.
- A failure to act constitutes actus reus if there's a specific legal duty to act, knowledge of that duty, and the ability to perform it.
Searches and Seizures
- Exigent circumstances, such as evanescent evidence, hot pursuit, and emergencies, justify warrantless searches.
- The search incident to lawful arrest allows police to search the arrestee and immediate surroundings without a warrant; requirements include legal arrest, contemporaneous search, and limited area of search.
Plea Bargaining and Contract Law
- Plea bargains follow contract theory; both parties are held to the agreement, but judges can reject the arrangement.
- Fee simple subject to an executory interest automatically transfers to a third party upon a specified event.
Evidence Standards
- Protected speech scrutiny varies: content-based restrictions require strict scrutiny, while content-neutral restrictions demand intermediate scrutiny.
- Habit evidence must be specific and frequently demonstrated, reflecting a person's instinctive response to consistent circumstances.
Witness Competency and Legal Doctrine
- Witnesses must be competent, demonstrating personal knowledge, memory, communication ability, and sincerity.
- The doctrine of worthier title voids contingent remainders in favor of a grantor's heirs, affirming a reversion to the grantor.
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Test your knowledge with this set of flashcards focused on key legal principles relevant to the Multistate Bar Examination (MBE). Covering topics such as temporary restraining orders and remedies in UCC contracts, these cards are designed for efficient review and retention of crucial information. Perfect for law students and bar exam candidates!
