This interactive exercise addresses the topic of consent as a privilege or defense to various intentional tort claims. It begins with a consideration of how consent is determined to exist and then explores various applications of the defense in contexts such as medical encounters and sporting events. Consideration is given to how the courts have utilized the concept of consent in balancing the competing interests of the plaintiff and the defendant in relation to overarching policy goals.
1L - First Year Topics
This lesson addresses a number of issues involving consideration, including whether there was a bargain, whether there is consideration for the settlement of a claim, and whether one of the promises was illusory. You should run it after you have run the lesson on Consideration: The Basics of Consideration and the Bargain Theory.
This lesson takes a look at the basic aspects of the contractual element of Consideration. This lesson sets out the basic requisites for establishing consideration.
This lesson discusses the role of federal preemption in the implementation of environmental law. Specifically, when do federal environmental and natural resources statutes preempt, or displace, state laws on similar subjects? When are states free to enact their own environmental protections? What is the relationship between federal environmental law and state torts?
This lesson assumes the basic issues in defamation have already been covered. Before working with this lesson, the lessons on Basic Issues in Defamation and Privileges and Libel and Slander should have already been reviewed. The material here will use that basic information to study the Constitutional issues that now control defamation. Among those issues are public and private figures, actual malice, burdens of proof, and damages.
The Right of Privacy, much like defamation, raises serious Constitutional issues. Those issues arise, primarily, with the tort of Public Disclosure and False Light. This lesson discusses the details raised by that Constitutional problem.
This lesson is intended as an overview of Constitutional Law principles that are important in Family Law. It can be used at the beginning of the Family Law course as a refresher of Constitutional Law. It can also be used during the course to clarify general constitutional doctrine. This lesson is related to two other lessons regarding constitutional aspects of Family Law.
The purpose of this lesson is to review basic doctrines and theories of individual rights covered in Constitutional Law courses. The lesson covers the Due Process Clause, the Equal Protection Clause, and the First Amendment, as they apply in the Family Law context.
This lesson is intended as an overview of Constitutional Rights that are important in Family Law. It can be used at the beginning of the Family Law course as a refresher, or during the course to clarify general doctrine, or at the end of the course as review.
This lesson has two related lessons. Constitutional Powers and Structures Review for Family Law is an overview of the "structures" rather than the "rights" portions of Constitutional Law. The Constitutional Aspects of Family Law is a more extensive lesson which examines the constitutional dimensions of specific areas such as marriage, divorce, parenting, procreation, contraception, sexuality, and other issues.
This lesson is an examination of the constitutional law aspects of Family Law. It builds upon lessons which provide a review of Constitutional Law in the Family Law context, but is much more detailed. It is intended as a supplement and review of constitutional doctrine as it occurs in specific Family Law areas such as marriage, divorce, parenting, procreation, sexuality, the rights of minors, and end-of life issues.
This exercise provides a general overview of the Eighth Amendment as it applies to substantive criminal law. It outlines the Amendment's potential scope as well as its actual reach, as defined by the U.S. Supreme Court. Procedural criminal law (and the Court's capital punishment jurisprudence in particular) is ignored, except insofar as it bears on substantive criminal law or helps to define the Amendment's scope.
In this exercise, students get an overview of the principle of legality. Legality is divided into four subtopics: legislativity, retroactivity, vagueness, and lenity, which are addressed in turn. Particular attention is paid to the following issues: constitutional foundations; applicability to the states; applicability to the making or the interpretation of criminal laws, and to the legislature or the judiciary; applicability to criminal and civil law, and to substantive and procedural criminal law in particular.
This lesson provides a review of the constitutional requirements for standing in federal courts that citizen plaintiffs must fulfill in order to bring environmental citizen suits in the federal courts.