Lawyers
What is one thing lawyers do when they are not litigating?
Give Advice
Draft Legal Opinions/Documents
Negotiate Settlements
Provide Legal Assistance
What is the infancy defense and what is the oldest age this defense could be used for in Pennsylvania?
Legal defense stating the person is not legally responsible for his actions usually based on age.
In PA- the infancy defense can be used up to age 10 depending on the case
What must the police file before obtaining a search warrant?
Affidavit
What is contraband?
Any illegal Item
What is lawyer-client privilege?
Confidentiality of Info
Lawyer can’t disclose info without clients permission
What is necessity?
A person commits a crime due to an unforeseen or unavoidable circumstances in order to protect their life
As a result of Miranda v. Arizona, what must be read to you?
Miranda Rights
What is duress?
A person is coerced into committing a crime by fear of harm or death
What are the cons of allowing lawyers to advertise?
Turns Lawyers into salesmen
Leads to exaggerations
Motivates some to begin erroneous lawsuits
What is entrapment?
When a law enforcement official persuades a person to commit they wouldn’t normally commit
What is the exclusionary rule?
Evidence gathered in an unreasonable search can’t be used at trial against the defendant
What are 2 examples of a defense used when no crime has been committed?
No criminal act occurred, no intent, alibi, DNA evidence
What is a contingency fee?
Where an attorney is paid a percentage of the money awarded to the client, but only if the case is won or settled favorably.
When can the intoxication defense be used?
Cannot be voluntarily intoxicated to use defense in most instances
Can be used if you are voluntarily intoxicated, and the crime requires intent
What is the burden of proof needed to conduct a stop and frisk?
Reasonable suspicion
What is an example of an excusable or justifiable act for a crime?
Self defense and defense of property
What are 3 examples of when you need a lawyer?
Buying or Selling House
Starting Business
Changing Family Status
Making Will
After an Accident causing Damage or Injury
Settling Large Contracts
Defending a Charge
What are the 3 questions that make up the insanity test?
Is the defendant competent to stand trial?
Was the defendant sane at the time the crime was committed?
Will the defendant be sane after the trial?
Describe 3 instances where the police might not need a warrant.
During an arrest (pockets & car)
Stop & frisk (suspicious & likely armed)
When consent is given
Borders & Airports (reduced expectation to privacy)
Vehicles (believed to contain contraband)
Plain view (place where officer has a right to be)
Hot pursuit
Emergencies (bomb threat, see smoke, hear scream)
Suspicionless searches (sobriety checkpoints)
Schools (reasonable suspicion - lockers, backpacks, purses –not strip searches)
When can't duress, necessity, infancy, or entrapment be used?
Homicide