If political form of government (teachers, police officers) -> Then RB
If not political form of government-> Then SS for alienage
Give this one a try later!
, A state statute prohibited the state and any county, municipality, or other
governmental unit within the boundaries of the state from hiring as a civil
engineer any person who is not a citizen. A well-qualified engineer who is
not a United States citizen read that the state's department of
transportation needed a new drafting engineer. The foreign engineer
applied for the position and had the required qualifications. However, the
hiring official turned down the engineer's application, explaining that he
could not hire her because of the state statute. The engineer filed suit in
federal court, claiming that the statute violates her right to equal protection
under the Fourteenth Amendment.
If the engineer prevails, what will be the most likely reason?
C The state has failed to prove that the law is necessary to achieve a
compelling government interest.
A defendant was arrested and charged with selling narcotics. After he was given
Miranda warnings, he said: "I am not talking and I want my lawyer!" He placed a call to
his attorney who told him: "Do not talk until I get there!" The defendant was then
placed in a cell with an undercover informant who had been instructed to try to get
the defendant to talk about a recent murder in the area. While in the jail cell, the
informant started talking about the murder, which the defendant had, in fact,
committed. After a few hours of listening to the informant's incorrect story about the
crime, the defendant got agitated and he hissed: "That's not where the gun is hidden,
you moron!" A police officer standing nearby heard the defendant and told the
detectives what he had heard. The defendant was removed from the cell and again
given Miranda warnings. The defendant did not respond to the Miranda warnings.
During questioning by the police about the murder, the defendant again got agitated
and stated: "I'm not talking, and that's not where the gun is hidden!" The defendant's
attorney finally arrived after his client was charged with murder. At his trial for murder,
the defense moved to suppress the defendant's first statement made to the informant.
How should the court rule?
Fine bc 6A RTC is offense specific, not questioning on offense that he was charged
with
Give this one a try later!
, Offense specific 6A right
Under the best evidence rule, the original writing must be produced when proving
the material terms of that writing. Secondary evidence of the writing, such as oral
testimony regarding the writing's contents, is permitted only after it has been shown
that the original is unavailable for some reason other than by serious misconduct of
the proponent.
Give this one a try later!
Best Evidence Rule Example
A defendant was charged with murdering his boss. After obtaining a valid
search warrant and executing a valid search of the defendant's office, an
officer found a love letter from the defendant's wife to his boss describing
their sexual relations. The letter stated, "I can no longer hide my love for
you from my husband. I intend to tell him about us and leave him for you."
At trial, the officer seeks to testify about the contents of the letter as proof
of the defendant's motive for killing his boss.
The defense counsel should object on which of the following grounds?
he contractor has not breached the contract, and the chef need not make the first
payment until the contractor begins work. The contractor promised to build the
restaurant by September 30. He did not promise to begin on April 15. The contractual
term as to the contractor's beginning construction is a condition precedent to making
the first payment. It is a condition relating to the chef's performance, not the
contractor's performance. Nothing in the facts indicates that the contractor promised
to begin on April 15. Contracts are construed as a whole and words are given their
ordinary meaning. The purpose of the contract is to build a restaurant by September
30. Construction cannot commence before the spring thaw. Thus, the best
interpretation is that the language regarding commencement of construction was
merely a condition of the chef's first payment, inserted to insure that the contractor
was motivated to begin and that the chef would not be out of pocket if the contractor
failed to begin. Thus, the term regarding the beginning of construction of the
, restaurant on April 15 merely fixes a tentative time of the start of performance, and
does not involve an absolute promise by the contractor to commence performance
on April 15. Because the contractor was under no absolute duty to commence
construction on April 15, his failure to do so does not constitute a breach of the
contract. (\\
Give this one a try later!
A chef wanted to open his own restaurant and a contractor offered to build
the place for $160,000. Their written contract provided that the chef would
pay the contractor $60,000 in cash when construction commenced,
scheduled for April 15 after the spring thaw. On completion of the
restaurant on September 30, the contractor would be paid the remaining
$100,000. The region had a late spring, and on April 30 the contractor had
not yet commenced construction of the restaurant.
Has the contractor breached the contract?
No, and the chef need not make the initial $60,000 payment.
evidence of a person's habit may be admitted to prove that, on a particular occasion,
the person acted in accordance with the habit. [Fed. R. Evid. 406
incorrect: Yes, because prior conduct may be used to show conformity with habit.
Give this one a try later!
habit evidence
The buyer holds the property subject to both mortgages, and the bank's mortgage is
subordinate to the finance company's mortgage.
The buyer holds the property subject to both mortgages, and the bank's mortgage is
subordinate to the finance company's mortgage. The jurisdiction's recording act is a
race-notice statute. Under this statute, a bona fide purchaser is protected only if he
records before the prior transferee or mortgagee records. Here, the buyer had
If not political form of government-> Then SS for alienage
Give this one a try later!
, A state statute prohibited the state and any county, municipality, or other
governmental unit within the boundaries of the state from hiring as a civil
engineer any person who is not a citizen. A well-qualified engineer who is
not a United States citizen read that the state's department of
transportation needed a new drafting engineer. The foreign engineer
applied for the position and had the required qualifications. However, the
hiring official turned down the engineer's application, explaining that he
could not hire her because of the state statute. The engineer filed suit in
federal court, claiming that the statute violates her right to equal protection
under the Fourteenth Amendment.
If the engineer prevails, what will be the most likely reason?
C The state has failed to prove that the law is necessary to achieve a
compelling government interest.
A defendant was arrested and charged with selling narcotics. After he was given
Miranda warnings, he said: "I am not talking and I want my lawyer!" He placed a call to
his attorney who told him: "Do not talk until I get there!" The defendant was then
placed in a cell with an undercover informant who had been instructed to try to get
the defendant to talk about a recent murder in the area. While in the jail cell, the
informant started talking about the murder, which the defendant had, in fact,
committed. After a few hours of listening to the informant's incorrect story about the
crime, the defendant got agitated and he hissed: "That's not where the gun is hidden,
you moron!" A police officer standing nearby heard the defendant and told the
detectives what he had heard. The defendant was removed from the cell and again
given Miranda warnings. The defendant did not respond to the Miranda warnings.
During questioning by the police about the murder, the defendant again got agitated
and stated: "I'm not talking, and that's not where the gun is hidden!" The defendant's
attorney finally arrived after his client was charged with murder. At his trial for murder,
the defense moved to suppress the defendant's first statement made to the informant.
How should the court rule?
Fine bc 6A RTC is offense specific, not questioning on offense that he was charged
with
Give this one a try later!
, Offense specific 6A right
Under the best evidence rule, the original writing must be produced when proving
the material terms of that writing. Secondary evidence of the writing, such as oral
testimony regarding the writing's contents, is permitted only after it has been shown
that the original is unavailable for some reason other than by serious misconduct of
the proponent.
Give this one a try later!
Best Evidence Rule Example
A defendant was charged with murdering his boss. After obtaining a valid
search warrant and executing a valid search of the defendant's office, an
officer found a love letter from the defendant's wife to his boss describing
their sexual relations. The letter stated, "I can no longer hide my love for
you from my husband. I intend to tell him about us and leave him for you."
At trial, the officer seeks to testify about the contents of the letter as proof
of the defendant's motive for killing his boss.
The defense counsel should object on which of the following grounds?
he contractor has not breached the contract, and the chef need not make the first
payment until the contractor begins work. The contractor promised to build the
restaurant by September 30. He did not promise to begin on April 15. The contractual
term as to the contractor's beginning construction is a condition precedent to making
the first payment. It is a condition relating to the chef's performance, not the
contractor's performance. Nothing in the facts indicates that the contractor promised
to begin on April 15. Contracts are construed as a whole and words are given their
ordinary meaning. The purpose of the contract is to build a restaurant by September
30. Construction cannot commence before the spring thaw. Thus, the best
interpretation is that the language regarding commencement of construction was
merely a condition of the chef's first payment, inserted to insure that the contractor
was motivated to begin and that the chef would not be out of pocket if the contractor
failed to begin. Thus, the term regarding the beginning of construction of the
, restaurant on April 15 merely fixes a tentative time of the start of performance, and
does not involve an absolute promise by the contractor to commence performance
on April 15. Because the contractor was under no absolute duty to commence
construction on April 15, his failure to do so does not constitute a breach of the
contract. (\\
Give this one a try later!
A chef wanted to open his own restaurant and a contractor offered to build
the place for $160,000. Their written contract provided that the chef would
pay the contractor $60,000 in cash when construction commenced,
scheduled for April 15 after the spring thaw. On completion of the
restaurant on September 30, the contractor would be paid the remaining
$100,000. The region had a late spring, and on April 30 the contractor had
not yet commenced construction of the restaurant.
Has the contractor breached the contract?
No, and the chef need not make the initial $60,000 payment.
evidence of a person's habit may be admitted to prove that, on a particular occasion,
the person acted in accordance with the habit. [Fed. R. Evid. 406
incorrect: Yes, because prior conduct may be used to show conformity with habit.
Give this one a try later!
habit evidence
The buyer holds the property subject to both mortgages, and the bank's mortgage is
subordinate to the finance company's mortgage.
The buyer holds the property subject to both mortgages, and the bank's mortgage is
subordinate to the finance company's mortgage. The jurisdiction's recording act is a
race-notice statute. Under this statute, a bona fide purchaser is protected only if he
records before the prior transferee or mortgagee records. Here, the buyer had
