Law School Toolbox Team

Welcome back to the Law School Toolbox podcast! Today, we’re focusing on criminal procedure, specifically two constitutional protections afforded to accused persons by the 5th Amendment – the privilege against self-incrimination, and Miranda rights.

In this episode we discuss:

• Rules and scope of the privilege against self-incrimination
• The three ways in which the privilege against self-incrimination can be eliminated
• When is a suspect entitled to Miranda rights?
• In what situations can Miranda rights be waived?
• How to structure your essay when self-incrimination and Miranda rights are at issue
• Analyzing two hypos from California bar exam criminal procedure questions

Thanks for listening!

[Read more…] about Podcast Episode 290: Listen and Learn — Privilege Against Self-Incrimination and Miranda Rights

Welcome back to the Law School Toolbox podcast! Today, we’re discussing the elements of two intentional torts – namely, assault and battery. We also cover specific scenarios demonstrating when these torts can occur.

In this episode we discuss:

• Unpacking the elements of assault and battery
• Are threatening words enough to be considered an assault?
• Some less obvious situations where harmful or offensive bodily contact can occur
• Different scenarios to help you remember the rules
• Going through a fact pattern from the February 2016 California bar exam Torts essay
• How to analyze intentional tort questions

Thanks for listening!

[Read more…] about Podcast Episode 288: Listen and Learn — Assault and Battery (Torts)

Welcome back to the Law School Toolbox podcast! Today, we’re discussing a popular exam topic from Constitutional Law — the First Amendment. In particular, we’re looking at when, where, and how the government can regulate speech through content-neutral time, place, and manner restrictions.

In this episode we discuss:

• Situations in which the First Amendment to the U.S. Constitution applies
• Public, limited public, and non-public forums
• Content-based versus content-neutral regulations
• The three-prong test for time, place, and manner restrictions for content-neutral regulation of speech
• Analyzing a hypo from the February 2012 California bar exam

Thanks for listening!

[Read more…] about Podcast Episode 285: Listen and Learn — First Amendment (Content-Neutral Restrictions)