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Legal Tip Of The Day

Tip: 25th Amendment? (What’s That?)

1. Procedure for Removing President
2. Ratified in ‘67 (Never Used for Removal)
3. VP & Majority of Cabinet Must Declare President Unfit
4. “Unfit” Not Defined
5. 67% of House (291) & Senate (67) Must Ultimately Approve

Tip: Indictment (What’s that Mean?)

1. Contains “ACCUSATIONS” of Criminal Conduct
2. Voted on by a Panel (Grand Jury: Majority)
3. Panel Finds Reason to Believe a Crime Committed
4. And that YOU Committed that Crime
5. Must be Proven at Trial – Unless Guilty Plea

Tip: Prior Inconsistent Statements

1. Person 1st Claims they had No Clue
2. They Then Claim they Knew All Along
3. They Then Say Something Completely Different
4. Which Version is True?
5. Jury Allowed to Apply it to Credibility

Tip: Why a Judge Would Sequester a Jury

1. Isolates them from Trial Publicity
2. Less Likelihood of Public Influence
3. Prevents Access to Media Coverage & Chatter
4. Forces Focus on Facts & Evidence Inside Courtroom
5. Prevents Tampering & Interference

Tip: Is Hate Speech Permitted? (Yes)

1. 1st Amendment Allows the Spewing of Hate
2. Can Express Hateful Thoughts & Opinions
3. Can Even Burn the American Flag
4. Cannot Defame Someone
5. Cannot Incite Immediate Lawlessness

Tip: Self Defense (Without Stand Your Ground)

1. Applies to About 1/2 the Country
2. Can Still Defend Against Immediate Threat
3. Force Used Must be Equivalent to Threat
4. Duty to Retreat
5. Must Act Reasonably

Tip: Self Defense (Stand Your Ground)

1. Can Defend Yourself Against Immediate Threat
2. Must be in Reasonable Fear of Safety
3. Deadly Force Permitted
4. No Duty to Retreat
5. Can’t be Prosecuted or Sued

Tip: Criminal v. Civil Case‬

1. Criminal: Fight for Freedom
2. Civil: Fight for Money
3. Standard of Proof Differs
4. Civil: Party Held Liability
5. Criminal: Defendant Found Guilty

Tip: Bench v. Jury Trial‬

1. Bench Trial: Judge Decides
2. Jury Trial: Jury Reaches Verdict
3. Jury ALWAYS Decides Facts
4. Judge Decides All Facts (And Law)
5. Decision in Hands of Judge v. Jury

Tip: Statute of Limitations

1. Time Limit to Pursue Case
2. If Limit Not Met, Case Closed
3. Memories Fade
4. Evidence Gets Stale
5. People Entitled to Finality

Tip: Beyond a Reasonable Doubt

1. Not Beyond All & Every Doubt
2. Not a Mathematical Certainly
3. Enough to Give You Pause
4. The Doubt is Real
5. The Evidence is Insufficient

Tip: What is Hearsay

1. Someone Tells You‬
2. ‪What Someone Told Them‬
3. ‪You Weren’t Present ‬
4. ‪So You Can’t Personally Verify‬
5. ‪Making it Unreliable ‬

Tip: No Credibility ‬‬

1. Can’t Recall Basic Info
2. Attempt to Justify & Explain
3. Give Evasive Answers
4. Contradict Themselves
5. Explanations Make No Sense

Tip: Due Process‬

1. Fairness in Treatment
2. Given Notice of Court Dates
3. Ability to Appear before Judge
4. Opportunity to be Heard
5. Chance to Defend

Tip: U.S. Supreme Court‬

1. Created in 1789 (229 years ago)
2. 17 Chief Justices since
3. Only 1 former U.S. Pres. served (Taft)
4. Conservatives could rule (6 to 9)
5. Constitutional Rights likely to be Reshaped

Tip: Sobriety Checkpoints

1. Don’t Drink & Drive
2. Pick Designated Driver
3. Checkpoints not allowed in 10 States
4. Police must follow preset rules
5. Call Cab, Uber, Lift or a Friend

Tip: Traffic Stops

1. Show License, Registration & Insurance
2. Make NO Sudden Movements
3. Follow Officers Instructions
4. Comply Now, Grieve Later
5. Be Polite & Courteous

Tip: Road Rage

1. Do NOT Engage or Retaliate
2. Do NOT Flip the Bird
3. DO Let Driver Pass
4. DO Call 911 — If in Danger
5. DO Ignore & Disregard

Tip: Happy 4th‬ of July

1. Enjoy the day off, if lucky
2. Spend time w/ loved ones
3. Watch the fireworks
4. Celebrate America’s Independence
5. Barbecue, drinks optional

Tip: Car Accident‬

1. Make sure everyone is ok
2. Call 911 for police & medical help
3. Get out of harm’s way, but don’t leave the scene
4. Exchange information
5. Notify insurer


Call Us833-563-9522

Hofstra University New York County Lawyer Association National association of criminal defense lawyers Rockefeller College Brockport College

5 Penn Plaza, 23rd Floor
New York, NY 10001

Call Us833-563-9522

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