Study sets, textbooks, questions
Upgrade to remove ads
PUBP 3610: Cases
Terms in this set (40)
Typical Prosecution Sequence (12)
3. Initial Appearance
4. Pretrial Release
5. Prosecutorial Decision to Proceed
6. Preliminary Hearing
7. Grand Jury Review
9. Arraignment (plea is entered here)
10. Pretrial Motions, including Motions to Suppress
11. Jury Trial
12. One Appeal of Right
Mapp v. Ohio, 367 U.S. 643 (1961)
1. Procedure: Mapp was convicted and the Supreme Court of Ohio Affirmed. Mapp appealed to the US. Supreme Court (4th amendment)
2. Issue: Does the 4th Amendment prohibit evidence obtained through unreasonable searches and seizures in prosecutions of state crimes in state courts?
3. Holding: yes
Miranda v. Arizona, 384 U.S. 436 (1966)
a. Are confessions obtained w/o first advising the detainee of 5th amendment guarantees inadmissible?
b. What are the requirements of a valid 5th amendment warning.
3.Holding: Yes; Before Q/A individuals must be warned of their right to remain silent, any statements used may be used as evidence, and has the right to a retained or appointed attorney.
U.S. v. Pantane, 542 U.S. 630 (2004)
•The District Court granted Patane's Motion to Suppress based on lack of probable cause.
•The Court of Appeals affirmed, but for a different reason. The appellate court ruled that the gun was the fruit of a Miranda violation, and evidence of it is inadmissible.
2. Issue: Is physical evidence obtained as a result of (voluntary) statements made after failure to give Miranda warnings inadmissible?
3. Holding - No
Lowe v. The State, 52 Ga.App. 458, 835 S.E.2d 301 (Ga. App. 2019)
- Lowe filed a motion to suppress the drugs as the fruits of an unconstitutional search. She argued no probable cause existed, and there was no valid exception to the warrant requirement.
- The trial court denied the motion, and Lowe appealed.
Lowe v. The State,
2. Issue: Was the search constitutionally permissible based upon an exception to the Fourth Amendment's warrant requirement?
3. Holding: No
New York Times v. United States, 403 U.S. 713 (1971)
· Did the government show justification for the Court to issue a prior restraint on the press prohibiting publication of the Pentagon Papers, and consistent with the First Amendment?
· The majority of six could agree only on the first three paragraphs of the opinion
"Any system of prior restraints of expression comes to this Court bearing a heavy
Define Three Standards of Scrutiny
The three levels of scrutiny are used by courts to evaluate the constitutionality of laws:
Explain the lowest level of scrutiny
1. Rational Basis (lowest standard)
2. To be acceptable under 14th Amendment Equal Protection Clause, the classification in the statute must be rationally related to a permissible government interest.
Equal Protection - 3 Standards of Scrutiny
Explain the middle level of scrutiny
1. Intermediate scrutiny (middle standard)
2. To be acceptable under 14th Amendment Equal Protection Clause, the classification in the statute must be substantially related to achieving an important government objective.
3. This standard pertains to cases involving gender and illegitimacy.
Explain the highest level of scrutiny
1. Strict scrutiny (highest standard)
2. To be acceptable under 14th Amendment Equal Protection Clause, the classification in the statute must be necessary to achieve a compelling state interest.
3. This standard pertains to cases involving race, national origin, and the infringement of fundamental rights (First Amendment rights; right to travel; right to privacy; right to marry)
Brown, et al. v. Board of Education of Topeka, et al. 347 U.S. 483 (1954)
- In each case except the Delaware case, relief denied to Plaintiffs, who appealed. In Delaware, doctrine affirmed but relief granted due to superiority of white schools.
- Does the segregation of children on the basis of race in public schools deprive minority children of equal educational opportunities, violating the 14th Amendment?
United States v. Virginia, et al., 518 U.S. 515 (1996)
- The United States sued Virginia and VMI, alleging violation of the 14thAmendment.
- Does Virginia's exclusion of qualified women from VMI deny them equal protection under the 14th Amendment?
- If so, what remedy is required?
- Allow qualified women into VMI
A legally enforceable agreement that a court will enforce making it "legally enforceable"
What do you need to make a valid contract?
Common Contract Issues (4)
3. Capacity and Competency
4. Writing requirement
Bailey v. West, 105 R.I. 61, 249 A.2d 414 (1969)
· Trial court ruled in favor of Bailey, that West owes him compensation for 5 months.
· Both parties appealed.
· Did Bailey have a contract with West, actual, or implied?
· If not, did circumstances warrant West still being held liable for Bailey's fee?
Lucy v. Zehmer, 196 Va. 493 (1954)
· Trial court ruled in favor of the Zehmers.
· Lucy appealed.
· Was there mutual assent to the contract, so as to be legally enforceable?
A wrongful act (other than a breach of contract) that gives rise to civil liability
- wrongful: an action that results in injury to another's person, property, reputation (or like) and for which the injured party is entitled to compensation
List the Categories of Tort Claims (3)
2. Intentional torts
3. Strict liability
List the Elements of a Negligence Claim
List the Types of Torts
3. False Imprisonment
What are the 3 purposes of a tort?
1. Compensation - restoring P to his prior status (so much as money damages can)
2. Justice - imposing the cost of wrongdoing on D
3. Deterrence - regulating human behavior by deterring tortuous conduct, thus preventing at least some injuries ( shared function w/ criminal law)
Fountainbleu Hotel Corp. v. Forty-Five Twenty-Five, Inc., 114 So.2d 357 (1959)
· Lower court granted the injunction, "based solely on the ground that no one has a right to use his property to the injury of another"
· FB filed an interlocutory (mid-ligation) appeal
· Did FB have the right to build the addition?
Summers v. Tice, 33 Cal.2d80 (1948)
· Judgements were entered against both defendants at trail. They both appealed.
· Given that Summer cannot show who shot him, can he recover against either or both of them?
· Yes, he can recover against both "jointly and severally" (against either for the whole amount of damage)
List the Three Methods of Statutory Interpretation
1. Plain meaning
2. Legislative history
1. Read cases, typically lower-court cases that have gone to appellate courts
2. Ask the students to consider the rule of law applied, the reasoning, and the conclusions of the judges
3. Think logically and analogically - determine similarities between precedents from prior cases and your case, and - just as important - find distinctions
4. This is the type of thinking that lawyers and judges use when arguing and deciding cases
Goal of Law Research
Find cases that will tell me how courts have weighed these facts in deciding the issue of your current case
State of Wash.v. Summers, 45 Wash. App. 761, 728 P.2d 613 (1986)
Conviction for possession of illegal drugs. Defendant appeals.
Sufficient Evidence of possession?
State v. Weiss, 73 Wash.2d 372, 438 P.2d 610 (1968)
•At trial, Weiss was convicted of possession of illegal drugs, and he appealed.
•Was there sufficient evidence of constructive possession?
•Yes. Conviction affirmed.
Two Main Categories of legal writing
Define objective writing
Objective (adjective): not influenced by personal feelings, interpretations, or prejudice; based on facts; unbiased: an objective opinion.
- You are not trying to persuade your reader - you are giving them your honest opinion based on your research and analysis
Types of objective writing
2. opinion letters
4. surveys of the law
Components of an objective memo structure
1. Memorandum (to, from, re, date)
2. Statement of Facts
4. Brief Answer
5. Discussion; 6. Conclusion
Define Statement of Facts
1. Legally significant facts
2. Emotionally significant facts
3. Background facts
4. Mention facts that are unknown and may change the analysis
Define Issue Statement
Set out the legal question that the memo will answer. Use the "under-does-when" format.
- under *insert statue
- does *insert issue
- when *insert facts
Define Brief Answer
- Not as detailed as the conclusion.
- Begin with a prediction. For example, predict that the plaintiff will "probably" or "probably not" win.
1. Introductory Section
2. Case Descriptions
4. Case Descriptions Analysis
1. Summarizes the discussion.
2. More detailed than the brief answer. Should be clear enough to permit the reader to familiarize himself with the problem even if he doesn't read your discussion.
3. Discuss each and every element in one sentence.
4. The conclusion should set out which elements are established and why the court is likely to rule in the favor of one party or another.
8 Golden Rules of Legal Writing Style
1. Value CLARITY over all other elements of style
2. Use LOGICAL organization
3. EFFECTIVE TRANSITIONS: HOLD YOUR READER'S HAND
4. OMIT NEEDLESS WORDS
5. Prefer the ACTIVE voice; avoid the PASSIVE voice
6. Prefer "action" verbs over "to be" verbs followed by an adjective (same reason why we use active voice
7. Avoid jargon, puffery and "legalese"
8. Vary your sentence length
9. Use grammar check in your word processor (not just spell check)
Why is active voice preferred over passive voice?
1. It's shorter.
2. It's a better chronology
3. It meets our mind's subject->verb expectations
4. It's more lively
Other sets by this creator
BMED 4853 - Ch 11B
BMED 4853 - Ch 6D
Ch 3 - Cells
Ch 5 - Cell Signaling in Physiology
Other Quizlet sets
BMS - Cell Biology
REG - final review week
Chapter 3 PSY Human Growth and Development