Don't Touch My Stuff
Intentional act that causes a physical invasion of P's land and interferes with P's possessory interest in the land.
What is a trespass to land?
The burden of going forward and providing evidence.
What is the burden of production?
The form of judicial review the government must pass to justify content-based restrictions on speech.
What is strict scrutiny?
A bargained-for exchange of legal detriments.
What is consideration?
The purpose of the exclusionary rule.
What is to deter police misconduct?
D interferes with P's personal property, causing damages.
What is trespass to chattels?
The burden defining what amount of proof is needed to succeed in a civil or criminal case.
What is the burden of persuasion?
Speech is considered this type of unprotected speech if (1) the average person, applying local contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest; (2) the work depicts or describes, in a patently offensive way, sexual conduct that is specifically defined by state law; and (3) the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
What is offensive speech?
Pursuant to the common law mailbox rule, acceptance of an offer by mail is effective upon this.
What is dispatch?
This exception to the poisonous tree doctrine occurs where there is no causal connection between the violation of the D's constitutional rights and the discovery of the evidence.
What is the independent-source exception?
True or false: Deadly force may never be used to protect personal or real property.
What is true?
(But be alert for fact patterns that escalate defense of property to defense of self/others!)
The burden of persuasion traditionally used in civil cases or for preliminary matters in criminal proceedings (e.g., motions to suppress).
What is a preponderance of the evidence?
Pursuant to this doctrine, when a state regulates free speech, it must do so in a way that is narrow and specific so as not to have a "chilling effect" upon protected speech.
What is overbreadth?
If a contract falls under the Statute of Frauds, the contract must fulfill these conditions to be enforceable.
What is be in writing and be signed by the party against whom enforcement is sought?
If the police unlawfully searched D2's vehicle and discovered evidence against D1, D1 cannot seek suppression of this evidence at trial through the exclusionary rule because he lacks this.
What is standing?
Intentional act by D, where D exercises dominion or control that causes the destruction of, or serious and substantial interference with, P's property.
What is conversion?
The burden of persuasion that justifies an arrest or a search.
What is probable cause?
Pursuant to this SCOTUS case, students do not "shed their constitutional rights to freedom of expression at the schoolhouse gate."
What is Tinker v Des Moines Independent Community School District?
But limited--see Frederick (advocating illegal drugs at school-sponsored event).
The default award for an aggrieved party at contract law, this award restores the aggrieved party to the position he would have been in had the contract been fully performed.
What are expectation damages?
Pursuant to this exception, police reliance on a facially valid warrant later determined to be invalid does not render the obtained evidence inadmissible.
What is the good-faith exception? (Leon)
This is the action by which a P may force the return of converted property.
What is replevin?
The burden of persuasion necessary to justify a brief investigatory stop or protective search.
What is reasonable suspicion?
Although speech that elicits an immediate violent response from a crowd is generally unprotected speech, the police must first make reasonable efforts to protect a speaker against the angry crowd in order to prevent this.
What is a heckler's veto?
A party that confers benefits on another may recover their value under this theory that it is unjust for the recipient to retain the benefits without paying, even absent any express or implied-in-fact contract.
What is unjust enrichment?
The exclusionary rule is inapplicable to this type of evidence during trial cross-examination.
What is impeachment evidence?