This lesson covers the subject of defense of others. In many respects an actor's right to defend another parallels his or her right to defend himself or herself. However, there are some specific exceptions and nuances that must be understood. It is the purpose of this lesson to cover those specifics and nuances in the context of some classic scenarios.
Overview of defenses to the formation of a contract.
This lesson is designed to help students understand the term "search" as it is used under the Fourth Amendment. As we shall see, the term is a term of art which does not always correspond to popular conceptions or definitions of the term search. In this lesson, we explore the various facets and definitions of the term. This lesson is intended for students who have studied these issues in class and who would like to refine their knowledge.
This lesson covers Delaware primary legal research resources including the state's constitution, statutory code, legislative history materials, administrative code, administrative bulletin, case decisions, court rules, and legal ethics materials.
This lesson reviews the secondary legal research resources available for Delaware.
This lesson has been revised to reflect the December 1, 2006 amendments to the Federal Rules of Civil Procedure, as they were re-written effective December 1, 2007.
This podcast discusses a discharge of duties such that parties do not have to perform their contractual obligations and cannot demand performance under the other party's contract. Consideration is required to support enforcement of an agreement, including a modification of a contract resulting in a discharge of duties. This podcast will look at discharge by rescission, substituted performance, substituted contract, novation, and accord and satisfaction. We will also look at when a discharge is enforceable where it is supported by consideration, including where there is the use of an instrument under U.C.C. § 3-311. The podcast steps you through analyzing numerous hypos.
This lesson is part of a series of lessons about Discovery. Rule 26(b) of the Federal Rules of Civil Procedure describes the scope of discovery: This lesson will explore the doctrine of attorney work product. Material that falls under the work product doctrine ordinarily need not be produced in discovery, even if it is extremely relevant.
This lesson is part of a series of lessons about Discovery. If something is privileged, then, it is not discoverable even though it is relevant and proportional. This lesson will explore the doctrine of attorney-client privilege in the context of civil discovery in federal court litigation. Communications protected by the privilege are not discoverable, even if they are extremely relevant.
This lesson is part of a series of lessons about Discovery. Discovery is the process through which the parties exchange information, documents, electronically-stored information, and sometimes even tangible things. This particular lesson focuses on the processes lawyers use to create, respond to, and have disputes about discovery.
This lesson is part of a series of lessons about Discovery, under Rule 26(b) of the Federal Rules of Civil Procedure. This lesson will explore the two main components of discovery relevance: logical relevance and proportionality.
The topic of this podcast is when language in a contract is an express condition, such that failure to satisfy the condition results in a performance not being due. A condition can be a good way to hedge in case a party is concerned that it can’t meet its commitments and wants to avoid being in breach of contract. This podcast is related to the discussion of conditions in two other podcasts: Excuse of Conditions and Implied Conditions. This podcast discusses Clark v. West Publishing Company, and explains why drafters should use terms such as “if” or “on condition that” to make it clear that a term is a condition.