Author: Anonymous

A patient has an arterial catheter in place, and an “over-damped” pressure tracing appears on the monitor.  Which of the following should the respiratory therapist recommend at this time?  I. Reposition the catheter  |  II. Aspirate blood and then flush with saline solution | III. Flush out any air bubbles from the line

Which of the following would Pope and Treier most likely AGREE with?

Ginsburg argues that constitutions are necessarily ‘incomplete.’ What does this mean?

In Federalist No. 51, Madison’s famous phrase ‘ambition must be made to counteract ambition’ reflects which principle of constitutional design?

Fact Pattern #2: During an investigation of Rob Robber, the FBI interviews Nancy Neighbor.  Nancy first says that she does not know Rob.  Later in the interview, Nancy admits that she knows him, but not well.  A little later in the same interview, she admits that she used to date him.  Nancy explains that she has trouble remembering things because of a prior head injury.  In his “302” report of the interview, the agent writes only that Nancy used to date Rob.  This was the only fact that was significant to the investigation. True or False:  Nancy’s 302 is an example of Jencks material.

Fact Pattern #3:  Peter Pan is being investigated for interstate transportation of stolen property.  An element of the crime of ITSP is that the stolen goods must cross state lines.  The FBI interviews Tinker Bell who says that she used to live with Pan when he stole the property, but that she has never known him to leave the state.  The FBI asks Bell not to talk to Pan about their visit.  Bell says she now hates Peter Pan because he left her with credit card debt, wrecked her car, and stole her cat.  Peter Pan is later charged with ITSP.  The FBI agents visit Bell again to tell her that she will be a witness at Pan’s trial, and they remind her not to talk to Pan.  Before leaving, the agents ask Bell to read the 302 they had written of her earlier interview.  She reads it carefully and tells the agents that it is accurate.  She refuses to sign it, however. True or False:  After Tinker Bell read her 302 and said that it was accurate, the 302 constituted her Jencks material.

Fact Pattern #2: During an investigation of Rob Robber, the FBI interviews Nancy Neighbor.  Nancy first says that she does not know Rob.  Later in the interview, Nancy admits that she knows him, but not well.  A little later in the same interview, she admits that she used to date him.  Nancy explains that she has trouble remembering things because of a prior head injury.  In his “302” report of the interview, the agent writes only that Nancy used to date Rob.  This was the only fact that was significant to the investigation. True or False:  Because the 302 is not meant to be verbatim and because Nancy told the agent everything, the agent could ethically report in the 302 just the important detail that Nancy used to date Rob. 

Fact Pattern #3:  Peter Pan is being investigated for interstate transportation of stolen property.  An element of the crime of ITSP is that the stolen goods must cross state lines.  The FBI interviews Tinker Bell who says that she used to live with Pan when he stole the property, but that she has never known him to leave the state.  The FBI asks Bell not to talk to Pan about their visit.  Bell says she now hates Peter Pan because he left her with credit card debt, wrecked her car, and stole her cat.  Peter Pan is later charged with ITSP.  The FBI agents visit Bell again to tell her that she will be a witness at Pan’s trial, and they remind her not to talk to Pan.  Before leaving, the agents ask Bell to read the 302 they had written of her earlier interview.  She reads it carefully and tells the agents that it is accurate.  She refuses to sign it, however. True or False:  If Tinker Bell had never read her 302, the 302 would not be her Jencks material.

Fact Pattern #1: In an espionage prosecution of Sam Spy, a critical witness is Will Witness.  Witness is an undercover “asset” of the CIA, and if his identity were revealed, it could lead to his death, and countless other investigations would be ruined.  Spy was also investigated for fraud on a loan application, but because the espionage charges were more serious, the prosecutor decided not to charge Spy for fraud, even though there was ample evidence for it.  Will Witness would not need to be a witness if Spy were just charged with fraud.  The FBI also looked into several insider trading crimes that Spy was alleged to have committed, but it was determined that those allegations were false. True or False: If Will Witness testifies at trial, his relationship with the CIA would not have to be disclosed to the defense because of the “National Security Exception” that applies only in espionage prosecutions.

Fact Pattern #3:  Peter Pan is being investigated for interstate transportation of stolen property.  An element of the crime of ITSP is that the stolen goods must cross state lines.  The FBI interviews Tinker Bell who says that she used to live with Pan when he stole the property, but that she has never known him to leave the state.  The FBI asks Bell not to talk to Pan about their visit.  Bell says she now hates Peter Pan because he left her with credit card debt, wrecked her car, and stole her cat.  Peter Pan is later charged with ITSP.  The FBI agents visit Bell again to tell her that she will be a witness at Pan’s trial, and they remind her not to talk to Pan.  Before leaving, the agents ask Bell to read the 302 they had written of her earlier interview.  She reads it carefully and tells the agents that it is accurate.  She refuses to sign it, however. True or False:  If the FBI agent who interviewed Tinker Bell had been called as a witness to testify about what Bell said, Bell’s 302 would be the FBI agent’s Jencks material.