Judges/Courts
judge because it is a legal issue
Gideon vs Wainwright
libel
Fourth amendment protects from what government intrusion?
unreasonable search and seizures
Lisa and Gary are getting a divorce and can't agree how to divide their property. What standard will the court use then?
Equitable distribution
If Josh is found guilty in a Florida Circuit Court and wants to challenge the verdict. Which court will he go to next?
Ask Florida appellate court or Florida District Court of Appeals
Which case established the concept of judicial review in the United States?
Marbury vs Madison
What is the required element in all public cases but not private cases for defamation?
actual malice
If someone is found to have drugs on them during a Terry search. What argument could their attorney use get the evidence excluded?
violation of plain feel rule
What is the most likely consideration of a family judge when deciding whether to award alimony to a spouse requesting financial support?
whether one party quit a career to raise children
Who is issues a search warrant and who gives Miranda Warnings?
Judge and police
What did the court rule in Hazelwood vs Kuhlmeier and Tinker vs Des Moines have in common with each other?
emphasis on first amendment rights in schools
What are the four elements of negligence?
duty, breach of duty, causation, damages
Which amendment states we have more rights that what is listed in the Constitution?
9th
A parent want to modify a child custody agreement what will the court use?
best interest of the child
When can judge give a lower sentence than what is prescribed by state statute?
when legal grounds exist and makes written findings
Jayden petitioned his public high school to have an atheist club. School said no. What precedent can he use to argue for one?
Texas vs Johnson
Paul was sitting on his porch enjoying his morning coffee. He neighbor's dog come out of nowhere to bit him. What civil claim can Paul make?
strict liability
How does Terry vs Ohio limit citizens 4th amendment right?
allows police to conduct a limited search without probable cause
Ally rented an apartment, what are the two options a landlord has when it come to her security deposit?
must notify with 30 if plan to keep any
Lowest standard of proof to the highest (4 of them)?
reasonable suspicion, probable cause, preponderance of evidence, reasonable cause
McCollough vs Maryland
What are the required elements in ALL defamation cases?
publication and damages
How did the Supreme Court justify its limitation of the 4th Amendment in Terry vs Ohio?
police have some latitude when they have reasonable suspicion a crime is about to happen and person is armed
How does a court determine the period of the lease for an at-will lease agreement?