2004 Feb essay memo

Q1 Criminal Pro ( informant called police about a guy who might commit robbery, police found the marked bills and shortgun)

• 4th amd: serizure

• arrest? ( police's gun pointing down/ defedent handcuffed) warran generally not required

  other detain? stop and frisk

• 4th amd: search

state action

privacy

no warrant

warrantless search

• search incident to lawful arrest
• plan view ( I dount this one, but 2 model answers mentioned plan view)

• 5th amd: Miranda Warning

• custodial: not free to leave

  interrogation: questions might invoke answer

  physical action: testimonial? ( Defendent looked a garbage can around and police found the shortgun inside)

  shall the evidence found from the violation of Miranda Warning be excluded?

• Taking Defendent voice without crossexam and witness

Q2 Community Property ( outstate HW moved to CA, then husband moved to live with mistress)

• prior marriage debt
• Q-CP: divorce
• when did the CP end?
• putative spouse
• mistress's personal account
• what can the creditor reach into?

Q3 Professional Responsibility ( former client brought her father to lawyer and asked lawyer to draft a will/deed for her father)

• Who is the client?
• Duty of loyalty: IC between former clients and current clients
• Duty of confidentiality
• Competency: skill, knowledge, thoroughtness, preparation
• receiving payment from 3rd person
• fee: PRC:reasonable, CA: unconscionable
• Duty of Fairness to 3rd Party

Q4 Real Property ( cards store in the shopping mall, familiar right?)

• covenants: intent/touch&concern
• assigment: privity in land
• interaction between covenat violations:

• if landlord violates covenats, can tenant stop to pay rent? ( independency of covenants?)

  waiver

• can Landloard sue assignor for rent?

Q5 Con Law ( association filed suit for its members for a state law which restricted broader than the federal law):

• orginization standing: members harm/harm related to purpose/ ind participation unncessary
• supreme clause: Fed preemption
• commerce clause
• negative application of commerce clause

Q6 Civil Pro (court dismissed D's 12 b motions)

• PJ: general long arm statute My Parents Foreseeably Forgot Read Child Story.
• SMJ: FQ & diviersity
• Complusory Joinder: can't enter a complete judgement/ defendent can't defense itself
• indispensible 3rd party: what shall the court do if an indispensible party will destroy diversity?
• Conterclaim: D->P if from same T/O, lost the claim if D didnot counterclaim
• supplemental jusrisrication
• FQ: same nexus of facts
• diversity of J: same T/O ( for PP to DD, can overcome amount but not diversity)