Constitutional Law & Disorder
This amendment guarantees a citizen has the right to their freedom of religion, speech, press, petition, and assembly.
What is the 1st Amendment.
This legal term refers to someone who has been accused of a crime but has not yet been convicted.
What is a defendant.
If one party fails to perform their obligations under a contract, they have committed this.
What is a breach of contract.
This type of agreement, typically in writing, allows someone to rent a property for a specific period of time in exchange for regular payments.
What is a lease?
Unlike criminal cases, civil cases usually involve this type of remedy.
What is monetary compensation (or damages)?
This document starts with the words "We the People..."
What is the United States Constitution.
In this type of crime, someone unlawfully takes and carries away another person's property with the intent to permanently deprive them of it.
What is theft?
This is a promise or set of promises that the law will enforce, typically involving an offer, acceptance, and consideration.
What is a contract.
This type of property refers to movable assets, like cars, furniture, and jewelry.
What is personal property.
This is the person who brings a civil lawsuit.
What is a plaintiff.
This amendment mainly pertains to a citizen's protection from unlawful search and seizures.
What is the 4th Amendment?
This is the infamous quote used in the O.J. Simpson trial.
What is "if the glove doesn't fit, you must acquit?"
If a contract is not legally enforceable due to minor errors in the writing, it's often called this.
What is a voidable contract?
This legal term refers to a right to use someone else's land for a specific purpose, such as for walking, farming, or putting in utilities.
What is an easement?
If someone intentionally spreads false statements that harm your reputation, you might sue for this.
What is defamation (or libel/slander)?
This amendment protects against double jeopardy, self-incrimination, and guarantees due process.
What is the Fifth Amendment?
This defense argues that the accused did not have the mental capacity to understand the nature of their actions at the time of the crime.
What is insanity.
This type of contract, typically signed before marriage, outlines the distribution of assets and responsibilities in the event of a divorce.
What is a prenuptial agreement (or prenup).
This common law doctrine states that a person may claim ownership of land if they have openly and continuously used it for a certain period of time without the permission of the true owner.
What is adverse possession.
This is the written document filed to start a civil lawsuit.
What is a complaint.
This landmark 1966 case led to the requirement that suspects be informed of their rights before interrogation, now known as the “Miranda rights.”
What is Miranda v. Arizona
If someone hits another person with the intent to cause harm but doesn't succeed, they may be charged with this.
What is assault.
This defense arises when one party claims that they were coerced into signing the contract due to an unjust threat or pressure.
What is duress?
A jacket was left sitting on the back of a bench at Merritt Park. This bright red jacket, while in newer condition, contained no indication of the previous owner and fits you perfectly. Argue whether this is abandoned property, which would allow the finder to keep the jacket, or if it is lost property, which would force the finder to relinquish the property to the true owner.
Factors to consider in your argument:
1) Location of the jacket- on a bench, neatly placed (?), at a commonly used, public park
2) Time of day- Morning, afternoon, or evening?
3) Length- how long was it sitting there?
4) Condition of the property- newer jacket, bright red
5) Reasonableness- it's hung up, random place to leave a newer jacket-clear intent to return
This form of judgement aims to restore the injured party to the position they were in before the unjust enrichment occurred.
What is restitution.