Amendment
4
Which Supreme Court case established states to provide free legal counsel to all indigent criminal defendants?
Gideon vs Wainwright
What will be used by attorneys to try and get evidence against their client tossed out?
Exclusionary Rule
Christian stole Bill's bike and began using it as his own. This is best described as what civil offense?
conversion
If a team owner wants to fire a coach because they are not happy with the results. What is the best option the owner has if they fire the coach before the term contract ends?
fire them and buy out the contract
Which constitutional amendment extended the federal due process rule to states?
14th
Which case established the principle of judicial review?
Marbury vs Madison
Is Sophia was called to the police station to be asked questions about her husband's disappearance and she admitted her involvement. What will happen to her statement?
nothing, it will be admitted, it was voluntary
If Ed promises to paint Hannah's house as a favor but doesn't with the time agreed. Hannah then sues Ed. What will the outcome be?
the court will not require to be done because there was no consideration
Certain emergencies that call for immediate action and no search warrant is needed?
exigent circumstances
5th amendment requires police officers to read the Miranda rights in which situation?
prior to custodial interrogation
Case where everyone must be told their rights against self-incrimination ?
Miranda vs Arizona
The police enter a house unlawfully and find a key to a storage unit. They go to the storage unit and find cocaine. This evidence would not be allowed under which doctrine?
fruit of poisonous tree
What do public individuals have to prove in a defamation case to be successful but not private individuals?
actual malice
When should a lawyer file a motion?
before the trial
The accused is guaranteed under which amendment the right to cross examine a witness against him/her
6th
What do the cases Tinker vs Des Moines and Hazelwood vs Kuhlmeier have in common?
emphasis on first amendment rights in schools
Joe is suing his employer for discriminatory practices in the workplace. What standard of proof will be used in his trial?
Preponderance of the evidence
List the 4 elements of negligence.
duty of care, breach of duty, causation, and damages
Who decides the matter of a motion filed by the state or the defense attorney?
judge because a legal and factual issue
Which amendment states that we have more rights than what is listed in the Constitution?
9th
The case of McCullough vs Maryland established which principle of government?
federal supremacy
Why can evidence from a criminal case seized illegally can be used in a civil case?
exclusionary rule in civil cases does not prohibit the admission of illegally obtained evidence in civil cases
If you are on your porch drinking coffee and your neighbor's dog bites you what is you best chance of winning a tort lawsuit? Sue based on what?
Strict Liability
If you challenge a law, how must you be involved?
must affect your directly