Midterm Study Questions (3.10.08)

Midterm Study Questions (3.10.08) - Midterm Study Questions...

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Midterm Study Questions Chapter 1 Arizona v. Graciano What is the lesson that Graciano illustrates? Reason for law is order maintenance What were the facts of the Graciano ? Graciano was pulled over by highway patrol officer who was heading north himself, while Graciano was heading south on I – 19 18 miles north of border in a 4X4 Ford pick-up truck, learned truck was stolen during stop What was the officer's reason for stopping Graciano? To determine if it was stolen based off of past experiences, profiling What was Graciano's argument on appeal concerning the nature of the stop? Violated the 4 th amendment What right does the 4 th Amendment protect? Against illegal search and seizure, probable cause What elements did the Supreme Court state must be present to justify a stop? Needs physical evidence, like poor driving or a report of stolen car, to have the investigatory stop to hold up in court What was the two-prong totality of circumstances test and what is its application to this case? First prong is subjective factors and objective factors, Second prong is the subjective factors and objective factors must raise a justifiable suspicion that the individual is involved in criminal activity; officers experience showed numerous Ford 4X4 trucks were stolen and transported and he was under the impression the were being stolen by young, Mexican males which got from Pima county officals (subjective). In 1980 Arizona DPS compiled stats that the most stolen registered vehicles in Arizona went Ford 4X4 pickups, Ford 4X4 Broncos, Chevy Camaros, Ford Vans What does “governmental social control” refer to? What does “order maintenance” refer to? Government mechanisms to regulate social (typically criminal) behavior; order maintenance refers to protecting the public safety What is a Type I error? What is a Type II error? Type I error is false positive identification, false alarm; Type II error is false negative identification, miss 1
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Midterm Study Questions Daubert v. Merrel Dow Pharmaceutical What is the lesson that Daubert illustrates? One reason for law is to manage factual disputues What were the facts of Daubert ? Prescribed Bendectin to treat nausea and vomiting due to pregnancy, when first started took pills 34-41 days in Merrell Dow said ok to take pill during this time during the limbs formation, when gave birth Jason had limb-reduction defect in hands and arms What is strict liability? Refers an absolute duty one party owes to another in order to protect their safety What was the Daubert's argument concerning strict liability? Dow should have known Bendectin had dangerous properties and should have provide warnings What is summary judgment? is used when there is no dispute as to the facts of the case, and one party is entitled to judgment as a matter of law What were the important aspects of the “Staples/Carl” and the “Bunde-Bowles” tests? Staples/Carl was animal test, rats - neg and rabbits – effected; Bunde-Bowles was
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Midterm Study Questions (3.10.08) - Midterm Study Questions...

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