Criminal Law
What are the elements needed to convict an individual of a crime.
Actus rea, Means Rea, Result.
Did the Amish people in Yoder have to send their kids too school?
No, the court held that the Amish could choose to teach the students at home after the 8th grade.
What is better, positional bargaining or principled negotiations?
Principled Negotiations
When you are citing case law from another jurisdiction it is . . .?
Persuasive Precedent
What is an entrepreneur?
An individual who directs the business and exercises business judgment.
What is the castle exception?
The rule that you have no duty to retreat in your own home. Unless you are the initial aggressor.
What is the issue in Tinker?
The issue is whether the school violated the student's Freedom of Speech when they prohibited the students from displaying black armbands demonstrating their opposition to the Vietnam War.
When do negotiations start?
Before you enter the situation. You need to prepare beforehand and know both your side and the other side.
What are the tools of a lawyer?
To argue that we should follow precedent, to distinguish cases, or to argue that a case be overruled.
How do we distribute power in a partnership?
The partners share the power and decision-making. It can also be contracted differently.
What was the result in Peterson and why?
The result in Peterson was that the court ruled against him because he was the initial aggressor. He had the opportunity to retreat but chose to come back with a gun.
Would a prohibition on all signs in the school be constitutional?
Yes, most likely because it is not discriminating any viewpoint and is just regulating thee way the message can be projected.
What is your BATNA?
It is your Best Alternative To a Negotiated Agreement. It is basically your backup if an agreement cannot be reached.
How did the court distinguish Albro from Priestly?
Albro involved the supervisor causing the injury, while in Priestly it was the fellow employee.
One option guarantees $500. On the other hand, the other option has a 50% of $1,000 and a 50% of $0. Which is the better option? Which one is riskier.
They both have same expected value, but the second option is more risky. The first option has only one outcome, which makes it less risky.
What was the issue in Goetz? How did the court resolve it?
The issue was whether Goetz acted reasonably when he shot the children. The determination of reasonableness should include the circumstances the defendant is facing.
What is the first thing a state should meet to be able to regulate religion?
A compelling state interest.
Market Value is an example of . . . ?
Objective Criteria
What were the facts in Hynes?
A child was about to dive from a wooden plank that was hanging on the side of defendant's property. As the child is going to jump, the electrical cables fall from the railroad and the child is electrocuted.
What was the holding in Community Counseling Services Inc.?
The court held that an employee cannot take business for themselves when they are still employed by the company.
What do we not punish people for?
Thoughts
What is kind of speech can be prohibited under Tinker?
Speech that is materially and substantially interfering with the work of the school, or impinging on the rights of other students.
What constitutes winning a negotiation?
Advancing your client’s most important interests while respecting the dignity of the other side.
What was your professor's name and what state did he always reference?
Sovern and New Jersey
What did the court hold in Hamburger? How is it distinguishable from Community Counseling Services, Inc.?
The court had that the actions of nephew were not prohibited because the records were public and he was not using the company's secrets. This case is distinguishable from Community Counseling because here, he had already left the business.