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Criminal Law Charts

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VOLUNTARY ACT MODEL PENAL CODE TEXAS PENAL CODE     § 2.01: Req. of Voluntary Act . . .   n  Not guilty unless person commits a voluntary act or omission to perform an act of which he is physically capable of n  NOT voluntary acts: n  1) Reflect or convulsion; n  2) Bodily movement during unconsciousness or sleep; n  3) Conduct during hypnosis or … [Read more...] about Criminal Law Charts

Criminal Procedure – Corn

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Overview of Criminal Procedure: Constitutional Concerns Definition: Figuring out the legally req’d process. Package of rights afforded to ∆ Due Process (14th): Process they’re due. Prevents states from arbitrarily depriving citizens from life, liberty, or property Purpose: Protects rights that are so fundamental, that it is unfair to deprive one of them (a.k.a. fundamental fairness) … [Read more...] about Criminal Procedure – Corn

Criminal Law – Crump

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CRIMINAL BASICS Prosecutor - State rep. w/ duty to serve justice Consequences/Sentences 1) Incarceration 2) Death 3) Fine 4) Probation (rehab) 5) Community Service 6) Restitution Jury Nullification - Jury excuses an offense when facts show otherwise Evidence - Light most favorable to prosecution BURDEN OF PROOF       Definition                 - The degree to … [Read more...] about Criminal Law – Crump

Contracts II – Powers

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Interpretation & construction General Interpretation What is the meaning of this K based on the agrmt b/w parties (determine “meeting of minds”)? What was reasonably understood to be the meaning of that agrmt b/w the parties (interpret ambiguities) Construction: process of adding terms by legal implication Needed b/c: lack of care/precision in drafting; … [Read more...] about Contracts II – Powers

Contracts I – Ricks

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Courts in the United States do not recognize a natural right to contract. However, legislators will likely not infringe on freedoms to contract because citizens (voters) value them so much. Contract Law Theories [insert theories here] Consensual Contract A consensual contract has six elements: 1. Competent parties- Contracts made by minors are voidable. However, the minor is … [Read more...] about Contracts I – Ricks

Constitutional Law – Rhodes

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ORIGIN       Revolutionary War: King & Parliament didn’t give natural rights of entitlement       Articles of Confederation: Created a Congress w/ power to wage war, foreign nations, Indians, coin $. No tax or commerce power Constitutional Convention, Philadelphia: Secretly established gov't function. No bill of rights (too much power per Anti-Feds) 1789 Bill of Rights: 2 not … [Read more...] about Constitutional Law – Rhodes

Constitutional Law – Kelso

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QUESTION 1: FEDERALISM AND SEPARATION OF POWERS McCulloch v. Maryland (est. Nat'l Bank) – Cong's implied powers stems from Nec & Prop clause (gives Cong the means to bring about all previously listed ends in Art. I § 8 – regulate commerce, tax/spend, etc.)  If Cong's "means" are rationally related to a Const'l specific objective, then it’s Con.  E.g., in McCulloch, Cong can est. Nat'l Bank … [Read more...] about Constitutional Law – Kelso

Civil Procedure – Taylor

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Civil Procedure – Taylor – Fall 2016 [RECEIVED AN A+ ON EXAM] VALID JUDGMENT Entitled to Full, Faith and Credit by other sister states Granted by the Full Faith and Credit Clause (Article IV of Constitution) Requires valid personal jurisdiction and subject matter jurisdiction PERSONAL JURISDICTION (PJ) Presence Consent Specific Jurisdiction (non-residents) … [Read more...] about Civil Procedure – Taylor

Civil Procedure – Professor Rocky Rhodes

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Objective Strategically implement various mechanisms of procedure to achieve clients goals Goals       1) Fairness 2) Efficiency Collateral Bar Rule       Individual who is subject to order of the Ct. can't challenge order directly or appeal (rather than change validity) Choice of Law - Forum doesn't mean state law applies (states choice of law  applies, not necessarily … [Read more...] about Civil Procedure – Professor Rocky Rhodes