Liquidated damages clauses are provisions in a contract in which the parties agree on the amount of damages to be paid in the event of breach instead of having a court decide that issue. This lesson explores whether liquidated damages clauses are enforceable under the tests used in the Restatement, the UCC, and a California statute. The lesson can be run either as an introduction to liquidated damages or as a review after you have completed your study.
This lesson provides a thorough overview of Louisiana Primary Legal Resources. It covers resources that will be familiar to legal researchers from other jurisdictions and examines resources that are unique to Louisiana.
Louisiana is a mixed legal jurisdiction with strong ties to French and Spanish Civil Law. There are differences between the civil law practiced in Louisiana and the common law practiced in the other 49 states. Although some of those differences have been bridged, some of the secondary materials discussed in this lesson vary greatly from the secondary materials of other jurisdictions.
This lesson takes a look at the Mailbox Rule. The offeror, as master of the offer, may insist that the offeree accept by means of the mail (or some similar form delivery, such as e-mail). Alternatively, the offer may not specify a means of acceptance and the offeree may decide to use the mail, where such acceptance would be permissible in accordance with the offer. This lesson sets out the ramifications of use of the mail (as well as e-mail and facsimiles, which follow the same rule). The general attributes of offer and acceptance are covered in other lessons.
This lesson concerns Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803), a difficult and important case in Constitutional Law. It is contained in every Constitutional Law casebook and usually appears as one of the first cases. This lesson is designed to assist students to understand Marbury v. Madison and its relevance.
This lesson teaches you about the operation of Marketable Title Acts which are also known as Marketable Record Title Acts. The focus is on statutes based on the Model Act. You should already be familiar with recording acts before attempting this lesson.
This lesson covers the basic constitutional issues and arguments in marriage with an emphasis on same-sex marriage litigation, including Hollingsworth v. Perry, United States v. Windsor, and Obergefell v. Hodges. It is best used as a supplement or review.
This lesson provides an introduction to research using primary sources of Maryland law, including case reporters and digests, statutes, legislative history, agency regulations and decisions, and attorney general opinions.
This lesson covers secondary resources specific to the State of Maryland.
This lesson provides an introduction to legal research in Massachusetts primary law sources. You will explore Massachusetts state statutes, constitution, cases, digest, and regulations in the context of a simple legal problem and answer follow-up questions.
This lesson introduces major Massachusetts secondary sources to the researcher. After this lesson, the student will be familiar with major Massachusetts practice materials and know how to find other state specific sources, such as forms, treatises, manuals, legal periodicals, and news sources.
This lesson will focus on federal question jurisdiction under the federal question provisions in the Constitution and in section 1331, with primary emphasis on section 1331. We'll also spend a little time looking at related statutes, such as 28 U.S.C. §§ 1338, 1441, and 1454.