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19 Cards in this Set
- Front
- Back
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Does use of night-vision / thermal imaging entail a search?
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Yes
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What is the "open fields" doctrine?
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Areas outside the "curtilage" are subject to police entry and search b/c those areas are public, and therefore not subject to the 4th amendment
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May police conduct a warrantless search incident to a lawful arrest?
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Yes, may include a search of the person and areas which he might reach to obtain weapons or destroy evidence (eg glove compartment)
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Can Congress indirectly "regulate" activities that it could not regulate directly by imposing conditions on the grant of money to states?
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Yes. It does NOT violate the 10th amendment.
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When may a 3rd party beneficiary prevent parties from rescinding or modifying a contract?
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When his rights have vested. 1) beneficiary manifests assent to the promise in a manner invited or requested by the parties; 2) brings suit to enforce the promise; or 3) materially changes position in justifiable reliance on the promise.
Promissory estoppel is also a remedy where parties by agreement have determined when a 3rd party beneficiary's rights vest. |
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What is the shelter rule?
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It allows a person who takes from a bona fide purchaser to prevail against any interest that the transferor-bona fide purchaser would have prevailed against, even if the transferee had actual knowledge of the prior unrecorded interest.
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How are mortgagees for value treated under recording statutes?
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As purchasers.
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What is the admission hearsay exception?
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An admission is a statement by a party to the action offered by the opponent of the party. Admissions also include statements by a party's employees if made during and in the scope of the employment relationship.
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Is the following admissible: D is arrested, and agrees to answer questions orally, but requests the presence of counsel before making any written statements?
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Yes. At any time prior to or during interrogation, a suspect mya invoke a Miranda right to counsel. However, the request must be unambiguous and specific. The oral statements are admissible (but any written statements will not be).
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Do police violate D's Miranda rights if they lie to D's lawyer about their intent to question and fail to inform the D that the lawyer is attempting to see him?
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No - as long as Miranda warnings have been given and adversary judicial proceedings have not commenced, voluntary statemetns are admissible.
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Do taxpayers have standing to litigate their tax bills?
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Yes - taxpayers do NOT have standing ONLY in cases where the taxpayer is litigating the way tax money is spent, rather than whether she owes a particular tax.
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What is the 1st Amendment standard for content-based regulation of speech?
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Strict scrutiny - Must be necessary to achieve a compelling government interest.
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What is the measure of damages in a conversion action?
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Fair market value of the chattel converted at the time and place of conversion, and the D is given title upon satisfaction of the judgment (eg forced sale of chattel).
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What is the standard of review for alienage?
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Strict scrutiny - Government must prove that it is necessary to achieve a compelling interest. Alienage-based classifications are subject to strict scrutiny unless the law is discriminating against alien participation in the functioning of government.
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A) Is a law requiring citizenship for all civil service positions valid?
B) Is a law that requires a notary public to be a citizen valid? |
A) No
B) No - notary duties are essentially clerical - and have no direct effect on the functioning of government. |
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When can violation of a statute establish negligence per se?
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1) P is in the class intended to be protected by the statute
2) the Harm suffered is of the type that the statute was designed to prevent |
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When might negligence per se be excused?
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Where compliance with the statute was beyond D's control (eg unconsciousness).
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Will a court recognize reliance on adverse possession to prove marketable title?
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Courts generally will not permit such reliance when proof of adverse possession rests only on oral evidence that will not e available to the buyer in the future.
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When does an election system violate teh Equal Protection Clause?
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Generally, an at-large system presents no one person-one vote problem, because there are no electoral districts. However, where a system is established or maintained for the purose of supressing minority-racee voting power, it is unconstitutional.
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