Eddie Edmunds v. United States225 DownloadsYear: 2017 (Vol. 41) Topics: Constitutional Law, Criminal Law and Administration Questions presented: (1) Whether the reasonable belief that police need in order to enter a dwelling to execute an arrest warrant without a search warrant is equal to probable cause or requires less than probable cause; (2) Whether there Read more about Eddie Edmunds v. United States[…]
Dragontown University v. Peter Foster340 DownloadsYear: 2017 (Vol. 41) Topics: First Amendment; Fourteenth Amendment Questions presented: (1) By issuing the press release, did Dragontown University infringe Dr. Foster’s liberty interest in his reputation under the Fourteenth Amendment? (2) By firing Dr. Foster for statements made on his blog, did Dragontown University violate Dr. Foster’s free speech rights under Read more about Dragontown University v. Peter Foster[…]
State of Moot v. Xander Crews74 DownloadsYear: 2017 (Vol. 41) Topics: Criminal Law and & Administration; Sixth Amendment Questions presented: (1) Whether non-convicted plaintiffs have standing to bring civil suit in federal court alleging deprivation of the Sixth Amendment right to counsel while they are still undergoing criminal adjudications in which they are defendants; (2) Read more about State of Moot v. Xander Crews[…]
MyDoc v. Earhartington Ethics Commission89 DownloadsYear: 2016 (Vol. 40) Topics: Constitutional Law, First Amendment Question(s) presented: (1) Whether Plaintiff–Appellant has a justiciable claim in federal court. (2) Whether Section 47 of the Earhartington Ethical Lobbying Act (“ELA”) is facially unconstitutional under the First Amendment, or whether Section 47 is unconstitutional under the First Amendment as applied to myDoc, Inc. Format: Word and PDF Prepared Read more about MyDoc v. Earhartington Ethics Commission[…]
United States of America v. Laura Kinney136 DownloadsYear: 2016 (Vol. 40) Topics: Evidence, Constitutional Law Question(s) presented: (1) Whether the Thirteenth Circuit properly found that the District Court was correct in finding the rap lyrics were admissible under Fed. R. Evid. 404(b) but that the District Court erred in denying the motion in limine under Fed. R. Read more about United States of America v. Laura Kinney[…]
Barbara Hanlon v. County of Vidalia and Terry LaCroix155 DownloadsYear: 2016 (Vol. 40) Topics: Second Amendment Question(s) presented: Whether the “good cause” requirement is a permissible limitation on an individual’s Second Amendment right to possess a gun in public. Format: Word and PDF Prepared by: Kristen Nicol Used in: Orison S. Marden Moot Court Competition, Fall 2016 Preemption Notice! Read more about Barbara Hanlon v. County of Vidalia and Terry LaCroix[…]
Donald Drumpf v. Faux News Corp80 DownloadsYear: 2016 (Vol. 40) Topics: Free Speech, Defamation Question(s) presented: Whether the State of Moot Anti-SLAPP Act is applicable in a federal court sitting in diversity. Format: Word and PDF Prepared by: Benjamin E. Homes
Wacco Tobacco Co. v. Ohiowa Tobacco Enforcement Unit51 DownloadsYear: 2014 (Vol. 38). Topic: Constitutional Law; First Amendment. Question: Whether a state regulation that requires a graphic warning on tobacco containers receives strict scrutiny, intermediate scrutiny, or rational basis review. Format: PDF.
Dimas v. Benson90 DownloadsYear: 2014 (Vol. 38). Topic: Constitutional Law; Eighth Amendment. Question: Whether, for purposes of establishing a § 1983 civil rights claim, an inmate at a correctional facility can legally consent to sexual conduct with a guard, or if such conduct is per se nonconsensual. Format: PDF.
Giggs v. Hernandez41 DownloadsYear: 2014 (Vol. 38). Topic: Constitutional Law; Fourth Amendment. Question: Whether a Fourth Amendment claim under 42 U.S.C. § 1983 requires that a plaintiff prove the elements of a malicious prosecution claim in addition to the unreasonable seizure. Format: PDF.
Ottery St. Catchpole Dep’t of Children & Family Servs. v. Malfoy44 DownloadsYear: 2013 (Vol. 37). Topic: Constitutional Law; Fourth Amendment. Question: Whether the “special needs” exception to the warrant requirement applies to searches and seizures in a child abuse investigation. Format: PDF.
Gilmore v. United States66 DownloadsYear: 2010 (Vol. 34). Topic: Constitutional Law; First Amendment; Fifth Amendment. Question: (1) Whether the First Amendment requires an affirmative defense of reasonable mistake of age to a charge under 18 U.S.C. § 2251(a) for production of child pornography. (2) Whether a condition of supervised release banning “any form of pornographic material” is unconstitutional, for Read more about Gilmore v. United States[…]
Price v. United States79 DownloadsYear: 2012 (Vol. 36). Topic: Constitutional Law; Criminal Law; Fifth Amendment. Question: Whether attempting to persuade another person to withhold testimony from an official proceeding by exercising his or her Fifth Amendment right can violate 18 U.S.C. § 1512(b), even if such persuasion is not coercive or otherwise done by wrongful means. Format: Word.
State v. Fogg35 DownloadsYear: 2011 (Vol. 35). Topic: Constitutional Law; Criminal Law; First Amendment; Fourteenth Amendment. Question: Whether a statute that bans the promotion and wholesale promotion of obscene devices is constitutionally valid under the First and Fourteenth Amendments. Format: PDF.
Silver v. Bloomberg84 DownloadsYear: 2014 (Vol. 38). Topic: Constitutional Law; First Amendment. Question: Whether a state police officer faces liability under 42 U.S.C. § 1983 for a violation of the First Amendment for ordering a citizen to stop filming a police encounter. Format: PDF.