4A
What is the standard that police need for a Terry stop?
reasonable suspicion of criminal activity based on articulable facts
When is involuntary intoxication a defense?
To specific intent crimes
Is the 5A right to counsel offense specific?
No
Are rules for the tolling of statutes of limitations substantive or procedural for Erie?
Substantive
Are any cross claims compulsory? Yes or No
No
When an officer stops a car that has three passengers in it, do the passengers have standing to raise a wrongful stop claim?
Yes. The officer “seized” all occupants when stopping the car.
______ is permitted to prevent or terminate an unlawful entry or attack on one’s dwelling
Non-deadly force
What happens when you invoke the right to silence?
Police must cease ALL questions
What is the “test” for supplemental jurisdiction?
Common nucleus of operative fact
What is the standard on appeal for a grant of SJ?
De novo
True or False: Police may enter your property and curtilage without a warrant.
True. Police have a license to enter curtilage just as any citizen would, but cannot extend past that implied license.
What are the elements for conspiracy?
When does double jeopardy attach?
Jury trial: once jury is impaneled and sworn in
Bench trial: once first witness is sworn in
Pleas: once court accepts plea
What are the three ‘fairness factors’ when analyzing whether a court has PJ over a defendant?
Burden on the defendant and witnesses
State’s interest in rendering a decision
Plaintiff’s interest in litigating in that forum state
When must a notice of appeal be filed?
Within 30 days of final judgment with the District Court
Police obtain a search warrant at a residence looking for a wanted fugitive. Upon the search, they find Bob, who is just a friend that stopped by for a beer. Can the police search or detain Bob?
They can detain Bob but not search him because he was unnamed in the warrant.
What intent is necessary for accomplice liability?
Accomplice has the intent to assist the principal in the commission of the crime and the intent that the principal commit the crime.
Does the police have to re-warn you of Miranda warnings after invoking a right to silence?
Yes, police may resume questions after a significant period concerning unrelated crimes
When a defendant wants to remove a case from state court to federal court, they file a Notice of Removal in this court first.
Federal court
What choice of law rules govern when venue is transferred from an originally IMPROPER venue?
Transferee’s choice of law rules
Name all six exceptions to the warrant requirement.
1) search incident to arrest, 2) automobile, 3) consent, 4) Terry stop, 5) exigent circumstances (emergency), and 6) plain view
When is an “overt act” sufficient for attempt?
Common law (proximity test) = act must be dangerously close to successful completion. Modern law (substantial step) = act must be a substantial step in course of conduct planned
What is a 'different offense' permitted under double jeopardy?
offenses are different if conviction for one offense requires proof of an element not included in the other
For purposes of General Jurisdiction, where are class actions considered ‘at home’?
Where the named representative is domiciled
What choice of law rules govern when venue is transferred due to a forum selection clause?
Transferee’s choice of law rules