Con Law
What does the Tenth Amendment provide for?
Any powers not delegated to the United States by the Constitution, nor prohibited by the Constitution to the states, are reserved to the states.
Note the modern rule for capacity of minors to enter contracts:
A minor may enter into a contract, but the contract is voidable at the option of the minor.
Define the exclusionary rule.
All evidence seized in violation of the Fourth Amendment is inadmissible in a criminal proceeding.
Define hearsay.
Hearsay is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.
When a trial judge renders an interlocutory order, when may appellate review be triggered?
It may be triggered when the order:
- conclusively determines the disputed question;
- resolves an important issue completely separate from the merits of the action; and
- is effectively unreviewable on appeal from a final judgment.
Under the police power, states may regulate:
any health, safety, welfare, morals, or aesthetic interest
Under the requirement of materiality, a mistaken fact must:
significantly impact the value of the transaction to one or both parties.
When is Fourth Amendment scrutiny applied to a search conducted by a non-government sector?
Any search conducted and evidence seized is subject to Fourth Amendment scrutiny when a private party acts at the direction of a government agent and pursuant to an official policy.
Define statement.
A statement is an oral or written assertion or the nonverbal conduct of a person if the person intends it as an assertion. Examples of assertive conduct include gestures (such as a pointing a finger, nodding the head, thumbs up), silence where its is intended to communicate, and sign language.
Interlocutory orders may not be reviewed before:
Final judgment.
What are the ways the Constitution limits the police power of the states?
- reserving certain enumerated powers exclusively for the federal gov't (exclusive federal power);
- restricting the gov't from acting in violation of Constitutional provisions (individual rights); and
- providing, under the Supremacy Clause, that if Congress enacts legislation with the intention of preempting state law, the congressional regulation will control (preemption).
A unilateral mistake occurs when:
only one party to the contract is operating under a faulty assumption about material facts as they exist at the time of contracting.
What are the three types of objects for which there is no reasonable expectation of privacy?
There is no expectation of privacy in:
- activities held out to the public;
- bank records; and
- handwriting or voice samples.
List the four exemptions where an out-of-court statement, even though it is offered for its truth, is admissible?
These exemptions are:
- statements by party opponent;
-prior sworn inconsistent statements;
-prior consistent statements; and
- prior identifications.
Federal courts have SMJx over appeals from trial court interlocutory orders that do what?
They have smjx over appeals that:
- grant;
- deny;
- continue;
- modify; or
- dissolve an injunction.
A state enjoys immunity from federal taxation if the tax is applied to what:
If it is applied to:
- unique state activities; or
- essential gov't functions.
For a unilateral mistake, a party mistaken about present material facts is not excused from the contract except in what cases?
The party is not excused except when:
- the other party knew or had reason to know of the party's mistake; or
- there was a senior clerical error.
Define the open fields doctrine:
Under the open fields doctrine, any unoccupied or undeveloped area outside of the curtilage (the living space directly around the home) is not given Fourth Amendment protection. These areas are not considered part of the home within the meaning of the Fourth Amendment, so a physical trespass into open fields does not qualify as a search.
Define prior inconsistent statements, and distinguish between those that are made under oath and those that are not made under oath.
Prior sworn inconsistent statements are non-hearsay and admissible as substantive evidence. Sworn means subject to penalty of perjury and includes depositions and grand jury testimony, but not an affidavit. It must be under oath and subject to cross-examination.
Prior inconsistent statements not made under oath and subject to cross-examination are not hearsay when offered only to impeach, rather than substantively for their truth.
What is a final judgment?
A final judgment is a judgment that disposes of all issues as to all of the parties.
Explain the anti-commandeering doctrine:
The federal gov't cannot use an enumerated power to force a state legislature to pass a law or a state executive official to administer a federal program.
Mutual mistake occurs when:
both parties have labored under a common faulty assumption regarding the present facts.
What does effective consent require?
Consent requires a voluntary and intelligent decision made without coercion, but the police need not inform the defendant that she has a right to withhold consent.
When are prior consistent statements admissible as substantive evidence?
They are admissible to rebut charges against the declarant of recent fabrication or improper influence or motive.
What is the final judgment rule?
In the federal system, only final judgments may be taken to the appellate courts.