FULL SET

Where does the scope of consent extend to for a search?

Any area where a reasonable person under the circumstances would assume it extends

If an officer gets consent to search a home for drugs, does that consent reasonably extend to small areas and containers?

YES

If a search is unconstitutional, will a state statute nevertheless authorize it?

NO

Does a search warrant authorize the police to search persons found on the premises who are not named in the warrant?

NO

If someone invokes their right to counsel after being given Miranda warnings, can the police wait a reasonable amount of time and give the warnings again for questioning of a DIFFERENT offense?

NO

Do the police always need to knock and announce?

NO

Can items be seized that are not specified in the warrant?

YES

Does a boyfriend have standing over evidence seized from his girlfriend’s apartment?

NO

When can a person be arrested at the home of a third party?

If the police have a search warrant for the home

When do Miranda warnings need to be given before a suspect is interrogated by a civilian working for the police?

If the suspect knows the person is working for the police

When does the 6th Amendment right to counsel apply?

Only after adversary judicial proceedings have begun

Does the right to remain silent granted by the 5th Amendment include the right to protect others from incrimination?

NO

Are lesser included offenses and the greater offense considered the same offense?

YES

If a person intended to deposit a paycheck before the check cleared, did they have the specific intent to defraud?

NO

If someone lied to their co-conspirator about the motive of the underlying offense to make it seem like it was lawful, does the co-conspirator have the specific intent necessary for conspiracy?

NO

If someone is charged with larceny for taking property that they thought lawfully belonged to someone else, did they have the specific intent necessary for larceny?

NO

If someone became voluntarily intoxicated as a means of working up the nerve to murder someone, does that voluntary intoxication apply as a defense to murder?

NO

Is abandonment a defense to attempt if the person has gone past mere preparation?

NO

Is an abandonment of an attempt voluntary if the felon abandoned the plan due to an increased risk of apprehension?

NO

Which mental states are voluntary intoxication a defense to?

Purposely and knowingly

If someone is not consciously aware of a risk only because they were voluntarily intoxicated, how will they be deemed to have acted with regard to the risk?

Recklessly

Is there a duty to retreat before using self-defense?

NO

Does flirting with someone’s girlfriend warrant someone using deadly force against you?

NO

What type of intent crime is conspiracy?

Specific intent

What type of intent crime is attempt?

Specific intent

Is there a burglary of a business if it was open for business?

NO

If the police enter a third party’s home without a search warrant to carry out an arrest warrant on the defendant, does the defendant have standing to complain of the illegal search of the third party’s house?

NO

When does the right to counsel attach during a post-charge lineup?

As soon as the accused is within sight of a potential identification witness

Is a good faith mistake an excuse for counsel’s absence during a post-charge lineup?

NO

Can the prosecution introduce evidence of the defendant’s decision to remain silent after being read Miranda rights?

NO

If an accused invokes their right to counsel under Miranda, can the police still ask questions about a totally unrelated crime?

NO

What is the effect if a defendant requests the presence of counsel before making any WRITTEN statements, but agrees to answer questions ORALLY?

The oral statements are admissible

Do taxpayers have standings to challenge tax exemptions?

YES

Under 1A, can the press and broadcasting companies be singled out for a special tax?

NO

Under 1A, what is needed to impose a tax on the press or a subpart of the press that is based on the content of the publication?

Compelling justification

Will title be marketable if part of the land was acquired through adverse possession?

NO

Under a unilateral contract, does the death of the offeror terminate the offer if the offeree has begun performance?

NO

When must the other party be notified by the judge of a motion for default judgment?

If they have appeared in the case in some fashion

Under criminal law, what is the additional way that a defendant can commit assault (as compared to tort law)?

By having specific intent to commit a battery

Is intent to commit a strict liability crime (like rape) needed to be convicted with an attempt to commit that crime?

YES

Is a state required to recognize an insanity defense?

NO

May a state shift the burden of proof for a defense from the prosecution to the defense?

YES

Does the exclusionary rule apply in grand jury proceedings?

NO

What is required for a public school official to search a student only after police ask them to do so?

Probable cause

What is required for the exigent circumstances exception to a search warrant?

It must be an emergency and there must be probable cause to believe the person will destroy the evidence

Is a mistaken belief a defense to a statute that requires knowledge?

YES

Does the attorney-client privilege apply if the services of the lawyer were sought or obtained to plan to commit a crime or fraud, even if the attorney was NOT aware of the illegal purpose?

NO

Does a judicially noticed fact in a criminal case create a presumption?

NO

What is the effect of a judicially noticed fact in a criminal case?

It is brought to the attention of the jury, but the jury is free to reject it

What is the effect of a judicially noticed fact in a civil case?

The fact is conclusive