MBE Questions
Terms
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- TORTS: stand-alone emotional harm to be recoverable where:
- there has been a mishandling of a dead body; the person affected was in a special relationship to the deceased; and the emotional suffering was severe.
- TORTS: Recovery for emotional distress for business losses
- Recovery for ED is not recognized for business losses. A P/Owner can only recover pain & suffering if psych. injuries stemming from personal inj. during the fire, not business loss
- PROP: Gen Warrant Covnts 6:
- Spears Could Elope: Quickie Wedding Alt. 1-Seisen (grantor owns the property) 2-covenant(grantor has right to convey) 3-encumberance (breach even if grantee aware of encumb in majority) 4-quiet enjoyment (grantee's poss will not be distrubed by 3rdp's claim: easement is ex.) 5-warranty(will defend if sued by 3rdp over title 6-Assurances (will take further assurances, take steps to protect
- CRIM PRO: Initial Voluntariness Standard "effective consent"
- Consent search is reasonable if [1] given voluntarily [2] by someone appearing to have authority to do so (Schneckloth v. Bustamonte). Usually, person has authority to consent to a search of any place which they have a lawful right of access. There are some exceptions.
- CRIM PRO: waiver of rights at trial
- must be "knowing" and "intelligent"
- CRIM LAW: premeditated murder is
- murder committed after the form of a specific intent to kill someone and consideration of the act intended
- CRIM PRO: When is using Tech. an intrusion? Kyllo v. US
- Using technology to acquire info is an intrusion and a search...when it functionally = a home invasion - a trespass into a Const. protected area
- CRIM PRO: premeditated murder vs. voluntary manslaughter
- WM reqs. intent to kill or inflict great bodily harm. It does not req. premeditation; like PM. Thus, premeditation is the distinguishing factual element b/w them both.
- CRIM PRO: 5th Amendment of US Constitution
- provides that no person “shall be compelled in any criminal case to be a witness against himself.â€
- CRIM PRO: Miranda v. Arizona four procedural safeguards that must be employed to protect the privilege when an individual has been deprived of freedom during a custodial interrogation
- He must be warned prior to any questioning that [1] he has the right to remain silent, [2] that anything he says can be used against him in a court of law, [3] that he has the right to the presence of an attorney, and [4] that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires.
- FL Con Law: To ensure the voluntariness of confessions
- is required by article I, sect. 9 of FL Const. (FL.S.Ct. interp. the rt. - Traylor v. State)
- FL.S.Ct in Traylor v. State outlined the following rights Fla. suspects must be told of prior to custodial interrogation:
- [1] they have a right to remain silent, [2] that anything they say will be used against them in court, [3] that they have a right to a lawyer's help,2 and [4] that if they cannot pay for a lawyer one will be appointed to help them.
- FL BAR: business entities inc. corporations & partnerships
- FL BAR: 1st Segment
- 6 one-hour segments. One segment will include the subject of Florida Rules of Civil and Criminal Procedure and the Florida Rules of Judicial Administration 2.051, 2.060, and 2.160.
- FL BAR: The remaining 5 segments
- Segments has NO more than two subjects & includes equitable aspects: (a) Fla. Con law (b) Fed. Con law (c) business entities inc. corps. & partners. (d) wills & admin. of estates (e) trusts (f) real prop.(g) Evid. (h) Torts (i) Crim. law (j) Ks (k) family law (l) Ch. 4, Rules of Prof. Conduct Reg. FL Bar & (m) Ch. 5, Trust Account Rules Reg FL Bar
- EVID: In order for the attorney-client privilege to apply
- there must be 1) an existing attorney-client relationship and 2) the communication must be made in confidence by the client for the purpose of obtaining legal advice
- CRIM PRO: search-incident-to-arrest exception does not allow a search of vehicle where
- the arrestee is a recent occupant of the vehicle, and he is secured or can’t access the interior of the vehicle at the time of the search.
- CRIM PRO: Chimel rationale authorizes police to search a vehicle incident to a recent occupant’s arrest only when
- the arrestee is unsecured and within reaching distance of the passenger compartment at the time of the search.⬝ So, a search incident to arrest of a vehicle will not be allowed unless both factors are satisfied (unsecured and reaching distance).
- CRIM PRO: Ct will also allow a vehicle search when it is “reasonable to believe
- evidence relevant to the crime of arrest might be found in the vehicle.⬝
- CRIM PRO: Terry search:
- stop a vehicle on a Terry- reasonable & articulable suspicion that criminal activity is afoot
- CRIM PRO: Two requirements needed to frisk a suspect:
- [1]suspect must be "lawfully detained during an investigative detention -RS based [2] PO has RB suspect IS armed & dangerous
- CRIM PRO: 2 Parts of a "Limited Search" on a lawfully detained suspect reasonably believed to be armed & dangerous
- two part process: (1) the officer is entitled to pat down the exterior of the clothing of a suspect and (2) if the officer feels an object could be a weapon he may intrude into the clothing and seize the object
- CRIM PRO: Reasonable suspicion is simply
- Specific, articulable facts combined with the rational inferences from these facts, and taken in light of an officer’s training and experience, that leads an officer to believe criminal activity is occurring or has just occurred.