This exercise provides an overview of the sources of American substantive criminal law. Particular attention is paid to the Model Penal Code and the U.S. Sentencing Guidelines.
1L - First Year Topics
In the process of legal research, primary authority is the law in your jurisdiction, which comes directly from a legislative body, court, or administrative agency.
This lesson on South Carolina primary source materials covers the South Carolina Constitution; South Carolina state and local laws (Legislative); South Carolina administrative agency regulations and other executive materials (Executive); and, South Carolina appellate court rules and decisions (Judicial).
This lesson will describe and explain how to use South Carolina Secondary Sources. No prior experience is required to complete this lesson. You will learn the various types of secondary source available to you.
This lesson will familiarize you with primary and secondary sources available in South Dakota. It covers South Dakota primary law including the South Dakota Constitution, statutes, legislative history, municipal codes, administrative law, and court decisions. The secondary sources section of the lesson provides a general overview of secondary sources and how you can use them in your research as well as coverage of South Dakota specific secondary sources.
This lesson explores the circumstances in which a court is likely to award specific performance as a remedy.
A critical issue that arises in many administrative cases is the question of constitutional standing to litigate. At its most basic, standing is the requirement that a litigant must have a sufficient interest in the outcome of the litigation in order to be entitled to sue. This lesson provides an introduction to constitutional standing issues and provides the basis for more in depth review in subsequent lessons. The lesson is intended for students who have studied these issues in class and who wish to further refine their knowledge.
This lesson examines several status issues that arise in standing cases. In a prior lesson, we examined two contexts in which individuals might seek standing: taxpayer standing and citizen standing. In this lesson, we examine two other situations that may arise: the right of associations to sue on behalf of their members, and the rights of individuals to assert the interests of third parties. This lesson is intended for students who have studied these issues in class and who are seeking to further refine their knowledge and grasp of the area.
Article III of the United States Constitution requires a plaintiff to establish "standing" in order to sue in federal court. In addition to showing an injury-in-fact, plaintiff must also show "causation" and "redressability." In other words, plaintiff must show that defendant is the "cause" of the injury, and that the injury will be redressed by a favorable judicial decision. In this lesson, we examine the requirement of causation (and, to a lesser extent, the requirement of redressability) in an attempt to determine what its means and how it is applied in particular cases. The lesson is intended for students who have studied this topic in class, and who wish to refine their knowledge of the topic.
This lesson covers the basic Constitutional doctrine of state action. This lesson can be used to prepare for class or as a review of Constitutional doctrine.
This lesson is designed to cover how to distinguish legally relevant facts, contextually relevant facts, and nonrelevant facts; plus, how to use each of those types of facts. It is also designed to cover beginning and organizing a statement of facts, writing facts briefly and readably, stating facts objectively, and stating facts persuasively.
This exercise assists the student in determining whether a transaction is within the statute of frauds, whether the agreement is evidenced by a writing, and whether an exception applies.
This lesson assumes you are familiar with the requirement of consideration and the rule that past consideration is not good consideration. Ordinarily, a promise is legally binding only if that promise is supported by a consideration. As the student may recall, "past consideration" is a misnomer. If a party makes a promise to pay for a benefit previously conferred, there is no consideration for the promise because the benefit was not bargained for in exchange for the promise. This lesson covers one of the exceptions to this general rule.