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19 Cards in this Set

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  • Back
Does use of night-vision / thermal imaging entail a search?
What is the "open fields" doctrine?
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
May police conduct a warrantless search incident to a lawful arrest?
Yes, may include a search of the person and areas which he might reach to obtain weapons or destroy evidence (eg glove compartment)
Can Congress indirectly "regulate" activities that it could not regulate directly by imposing conditions on the grant of money to states?
Yes. It does NOT violate the 10th amendment.
When may a 3rd party beneficiary prevent parties from rescinding or modifying a contract?
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.
What is the shelter rule?
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.
How are mortgagees for value treated under recording statutes?
As purchasers.
What is the admission hearsay exception?
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.
Is the following admissible: D is arrested, and agrees to answer questions orally, but requests the presence of counsel before making any written statements?
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).
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?
No - as long as Miranda warnings have been given and adversary judicial proceedings have not commenced, voluntary statemetns are admissible.
Do taxpayers have standing to litigate their tax bills?
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.
What is the 1st Amendment standard for content-based regulation of speech?
Strict scrutiny - Must be necessary to achieve a compelling government interest.
What is the measure of damages in a conversion action?
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).
What is the standard of review for alienage?
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.
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.
When can violation of a statute establish negligence per se?
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
When might negligence per se be excused?
Where compliance with the statute was beyond D's control (eg unconsciousness).
Will a court recognize reliance on adverse possession to prove marketable title?
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.
When does an election system violate teh Equal Protection Clause?
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.