Crim Law & Pro
Which landmark case required Miranda warnings before custodial interrogation?
Miranda v. Arizona – established that custodial interrogation requires Miranda warnings.
Which case established the concept of proximate cause in negligence?
Palsgraf v. Long Island Railroad – proximate cause and foreseeability.
What is the difference between a void and a voidable contract?
Void = never valid; Voidable = valid until rescinded.
Which case established judicial review?
Marbury v. Madison – established judicial review.
What are the four unities required for joint tenancy?
Time, Title, Interest, Possession – required unities for joint tenancy.
Define mens rea and provide an example of a crime requiring it.
Mens rea = guilty mind; e.g., intent to kill in murder.
Define battery and provide an example.
Battery = intentional harmful/offensive contact; e.g., punching someone.
Define consideration with a simple example.
Consideration = bargained-for exchange; e.g., $100 for a car.
Which level of scrutiny is applied to gender discrimination?
Intermediate scrutiny – applied to gender discrimination.
Define easement and give a common example.
Easement = right to use someone else's land; e.g., driveway access.
Which case established the exclusionary rule in federal courts?
Weeks v. United States – exclusionary rule for federal courts.
What is res ipsa loquitur? Give an example.
Res ipsa loquitur – 'the thing speaks for itself'; e.g., surgical instrument left inside patient.
Which case illustrates the rule on foreseeability of damages?
Hadley v. Baxendale – damages must be foreseeable to recover.
What is the significance of Brown v. Board of Education?
Brown v. Board of Education – ended 'separate but equal' segregation.
What is the difference between a life estate and a fee simple absolute?
Life estate = limited to lifetime
Fee simple absolute = full ownership.
Distinguish between general and specific intent crimes.
General intent = only the act, Specific intent = act + intended result.
Explain the difference between contributory and comparative negligence.
Contributory neg – any fault bars recovery; Comparative neg – recovery reduced proportionally.
Explain the Statute of Frauds and give one example of a contract type it covers.
Statute of Frauds requires writing for certain contracts: e.g., sale of land.
Explain the difference between substantive and procedural due process.
Substantive due process = protects fundamental rights; Procedural = fair process before deprivation.
Explain the Rule Against Perpetuities in simple terms.
Rule Against Perpetuities – future interests must vest within 21 years.
Explain the significance of M'Naghten Rule in insanity defenses.
M'Naghten Rule – establishes legal insanity based on inability to understand wrongfulness.
Discuss the elements required to prove intentional infliction of emotional distress.
Intentional infliction of emotional distress requires outrageous conduct, intent, causation, severe distress.
Discuss the mailbox rule in contract acceptance.
Mailbox Rule – acceptance effective upon dispatch, not receipt.
Discuss the incorporation of the Bill of Rights against the states.
Incorporation – Bill of Rights applies to states via 14th Amendment.
Discuss adverse possession requirements.
Adverse possession requires: actual, open, hostile, continuous possession.