Study for the Bar in Your Car

Constitutional Law - The Fifth Amendment


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Join Maude and Claude on Study for the Bar in Your Car podcast for a deep dive into the Fifth Amendment! It's far more than just "pleading the fifth"—this powerful pillar safeguards individual rights across due process, property, and criminal justice.

Learn the vital components for your bar prep:

  • Privilege Against Self-Incrimination: Understand Miranda warnings—when they're required (custody + interrogation), the four key rights, and how invoking silence or counsel affects questioning.
  • Exclusionary Rule: Discover how illegally obtained evidence is generally inadmissible to deter police misconduct. Crucially, Maude and Claude explain why the "fruit of the poisonous tree" doctrine does NOT apply to evidence found solely due to a Miranda violation (unlike Fourth Amendment violations). Explore exceptions like inevitable discovery and independent source.
  • Due Process Clause: Primarily applies to the federal government.
    • Procedural Due Process: Focuses on how government deprives life, liberty, or property, demanding fair procedures like notice and a hearing, balanced by the Matthews v. Eldridge test.
    • Substantive Due Process: Examines why the government interferes with fundamental rights. Laws infringing on fundamental rights face strict scrutiny. Importantly, post-Dobbs, abortion regulations now receive rational basis review.
  • Takings Clause: Government can take private property for public use (broadly interpreted, even for economic development) but must pay just compensation (fair market value). Understand the difference between physical and regulatory takings, and when a regulation becomes a compensable taking.
  • Plus, grasp the Grand Jury Clause (federal, not incorporated against states) and the Double Jeopardy Clause.

This episode is packed with essential constitutional law insights. Tune in and boost your bar prep with Maude and Claude!

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Study for the Bar in Your CarBy Angela Rutledge, LLM, LLB

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