Title in UCC Article 2
This lesson explores the concept of title in UCC Article 2.
This lesson explores the concept of title in UCC Article 2.
The lesson on UCC Warranties explored the various Article 2 warranties and how they are created. But there is also freedom of contract to disclaim those warranties. This lesson explores the requirements for a successful disclaimer of warranties.
A number of the provisions in Article 2 have special rules applicable to merchants, called the “merchant rules.” This lesson explores the definition of merchant in the UCC, key sections in Article 2 that rely on the concept of a merchant, and how different definitions of merchant apply in different provisions of Article 2.
Interpretation involves ascertaining the meaning of the words and provisions of a contract. Article 2 of the UCC is intended not to regulate commercial activity, but to facilitate it. An important part of commerce is business practices in general and in particular, usages of trade and understandings of the parties to the contract. Therefore, this lesson emphasizes those parts of interpretation. For a broader discussion of interpretation in contract law, see the CALI Lesson Interpretation of Contracts.
This lesson explores the novelty bars of 35 U.S.C. § 102 as amended by the America Invents Act (AIA). It assumes familiarity with the pre-AIA novelty bars.
This lesson is designed to teach you the terms, i.e., the words of art, you will need to understand if you are studying Article 3 of the UCC which governs negotiable instruments. It may be used as an introduction to these concepts or as a review or reinforcement of them.
This lesson deals with how trademark protection may be lost by abandonment, i.e. the discontinued use of a mark, the licensing of a mark in gross or an assignment of a mark in gross. This lesson is intended to be used as a supplement to the student's course material. It analyzes several issues that arise from the non-use or limited use of a mark, the licensing or assignment of a mark, as well as the considerations that follow the resumption of use of an abandoned mark.
This lesson discusses how to account for contingencies, uncertain future gains and losses. A basic understanding of financial statements and the essential ideas underlying accrual accounting is helpful before undertaking this lesson.
This lesson builds on the concepts that you may have been introduced to in Professor Robert Lind's lesson on the classification of marks, e.g., generic marks, descriptive marks, suggestive marks, arbitrary marks, and fanciful marks. Specifically, this lesson will concentrate on the validity of a mark for trademark protection purposes when the trademark or trade dress is not inherently distinctive.
This lesson was written as a review of the material covered in Chapter 5 of the CALI e-book, Wetlands Law: A Course Source. The lesson reviews whether activities such as landclearing, ditching, draining, sidecasting, and deep ripping are regulated as "discharges" of dredged or fill material, and reviews the relationship between the Clean Water Act section 402 permit program and the Section 404 wetlands permit program.
This lesson examines the scope of one of the exclusive rights belonging to a copyright owner -- the right to create derivative works based on the copyrighted work, under 17 U.S.C. § 106(2).
The purpose of this lesson is to examine how administrative agencies create "rules," particularly in adjudicative contexts. The goal is to contrast so-called "legislative procedures" with "adjudicative procedures," and then to examine the scope and limits of adjudicative authority. The lesson is intended for students who have studied these issues in class and wish to refine their knowledge.
Part I of this lesson is designed to explain why certain types of damage awards must be adjusted to their "present value," and to demonstrate precisely how those adjustments are actually calculated. Part II of this lesson addresses the related concept of adjusting future pecuniary damage awards to account for the potential effects of future economic inflation.
This lesson deals with the topic of administrative inspections. Governmental officials conduct inspections in a variety of contexts. Some of these inspections are conducted by the police. Others are conducted by special administrative officials charged only with the task of carrying out certain administrative tasks. As we shall see, the United States Supreme Court has developed special rules governing such inspections. In this lesson, we examine those special rules in depth.
Many administrative agencies have their own judicial structures (often referred to as "quasi-judicial" structures). In this lesson, we examine the development of one type of judge used in those structures, the so-called administrative law judge.
This lesson was written as a review of the material covered in Chapter 3 of the CALI e-book, Wetlands Law: A Course Source. The lesson reviews basic principles of administrative law, including the nature of agencies, limits on agency authority, procedural requirements for agency action (rulemaking and adjudication), and basic principles of judicial review of agency action.
This lesson explores the countless "administrative" searches governed by the Fourth Amendment that occur every day without warrants or probable cause, in public schools, jails and prisons, factories and offices, and at vehicle checkpoints and border crossings.
This lesson will cover the general area of adoption law and is designed as an introduction for those students who have not studied the subject and as a review for those students who have.
This Aviation lesson explores the liability of air traffic controllers when damage is caused under the direction of these federal employees.
This lesson includes a discussion of the qualifications of aircraft mechanics and inspectors; and accidents and harm caused by a failure to adequately maintain aircraft.
On completion of the lesson, the student will be able to:
This lesson examines the Federal Aviation Regulations Part 67: Medical Standards and Certification (14 C.F.R. § 67 et. seq.). Additionally, it explores the options for airmen when medical certification is denied, suspended, or revoked. The reasons for these abjurations and the appeal process are also explained. Finally, a series of cases is presented to help illustrate the enforcement action.
Airport categories can be split into two types, public-use and private use. At the same time airport ownership is broken into two categories as well, private ownership and public ownership. However, airport categories and ownership do not line up along the same lines - there exist privately owned, public use airports. This lesson seeks to distinguish between public and private ownership of airports as well as their powers available to each.
This lesson reviews the general law of alimony. It focuses on the differences between alimony and property distribution; the gender implications, justifications, eligibility, amount and duration of alimony; and the forms of alimony.
When a preliminary or temporary injunction has been entered against a defendant, and the defendant believes that injunction is wrongfully issued, he has three choices in resisting the injunction: disobey and risk contempt; move to modify or terminate; or appeal. This lesson explores that third option.
This lesson was written as a review of the material covered in Chapter 10 of the CALI e-book Wetlands Law: A Course Source. The lesson reviews the administrative appeals process for Corps' actions implementing Section 404, judicial review of the actions of EPA and the Corps under the Clean Water Act, and federal and citizen enforcement of the Clean Water Act.
This lesson explores the protection of architectural works (building designs) both under the 1976 Copyright Act and after adoption of the Architectural Works Copyright Protection Act of 1990.
This lesson examines the definition of a partnership. It highlights the definition of a partnership and how it differs from the sole proprietorship (the only other business organization that exists without first satisfying formal filing requirements).
This lesson explores the constitutional limitations on agency adjudicative authority stemming from Article III's commitment of the judicial power to Article III courts.
This lesson integrates agency law and partnership law to develop an understanding of the authority partners possess to bind the partnership. The lesson explores the actual and apparent authority of partners and the possibility of inherent agency power in the partner context.
This lesson discusses the power that an agent (or apparent agent) has to affect the legal rights of the principal. In general, an agent or apparent agent may affect the principal's legal rights only to the extent that the agent possesses the authority or the power to do so. This lesson provides an introduction to the three basic types of authority -- actual authority, apparent authority, and inherent agency power.
The lesson will review the three most significant automobile search standards: the automobile exception, searches of automobiles incident to arrest, and inventory searches of automobiles.
This lesson introduces students to the law governing circumstances in which judicial review of actions, and inaction, of federal administrative agencies is available and when it may be restricted or unavailable. The lesson explores questions of jurisdiction, and rights of review principally under the Administrative Procedure Act.
This lesson discusses the statutory basis for aviation accident investigations. The discussion centers around case studies of two aviation accident investigations. A comparison is drawn between federal statutes and regulations enabling aviation accident investigations and civil actions of the same cases. The lesson contains a number of questions and exercises to help the student synthesize the content presented.
In the United States, federal laws extensively regulate aircraft, airlines, pilots, and airports. People and companies involved in aviation need to be familiar with these federal laws, as well as state and international regulations that affect aircraft and airlines. The Federal Aviation Administration, the National Transportation Safety Administration, and the Department of Transportation, as well as state laws and international treaties, all play a role in regulating aviation.
This lesson reviews some of the concepts needed to understand the patent law doctrine of "nonobviousness" (Section 103 of the Patent Act). Before completing this lesson students should be familiar with the doctrine of novelty under Section 102 of the Act.
This lesson introduces students to the Federal APA with special emphasis on (1) mapping the relationship of its parts and (2) closely examining the text of the principal sections.
This lesson reviews the standards for discipline and the interpretive case law by examining a series of cases in which considering whether the conduct alleged falls under the definition of misconduct (using Model Rule 8.4). Some procedural and constitutional aspects of discipline are examined as well. The lesson can be used as preparation, review or substitution for class coverage of this topic.
This lesson deals with the problem created by the Battle of the Forms. At common law, the mirror image rule requires an acceptance to be exactly like the offer. The rule is reversed under the Uniform Commercial Code, however. Under UCC § 2-207, an acceptance is still an acceptance even though it states different or additional terms from the offer. This lesson will explore the effect of such different or additional terms and when they are operative.
This exercise is designed to guide the student through the basics of the best evidence/original document rule under the federal rules. The exercise progresses logically through the rule. In order, it looks at the definition of “writing, recording, or photograph,” the concept of proving “content of a writing,” the definition of “original” and “duplicate,” proof of “collateral” matters, material in possession of the opposite party, computer printouts, compilations, secondary evidence (Is there a “second best evidence” rule?), and the division of function between the judge and jury.
This exercise is designed to introduce the student to the "bottom line" defense rejected by the Supreme Court in Connecticut v. Teal. You should have an understanding of Teal before you start this lesson.
Here, this exercise explores the circumstances of disparate impact claims and affirmative action programs under which the "bottom line" defense usually arises and the arguments involved. The use of "bottom line" evidence, sometimes used in disparate treatment litigation, is also explained and distinguished. Some understanding of basic discrimination theory (disparate treatment and disparate impact) is helpful in understanding the lesson.
This lesson introduces the federal and state securities laws regulating business finance. The lesson is designed for students taking Business Associations or Corporations, so the coverage is fairly basic; this lesson is not intended to be used by Securities Regulation students.
This lesson is intended to familiarize students with the Business Judgment Rule, an essential component of corporate governance.
This lesson is the first of two designed to familiarize you with aspects of shareholders' derivative litigation and the role played by the business judgment rule. This lesson focuses on demand upon the board of directors. In most states, shareholders are required to make demand upon the board of directors before they can proceed with a derivative suit. The board's response to that demand is reviewed under the business judgment rule. This lesson will take you through the operation of the rule at this critical stage in derivative litigation.
This lesson focuses on the Special Litigation Committee. It is recommended that you complete the first lesson (The Business Judgment Rule in Shareholder Derivative Litigation I: Demand Upon the Board) before beginning this one.
This exercise introduces users to the principal provisions of the California Probate Code which governs intestacy. It also illustrates the application of those provisions to typical fact situations. The exercise explores inheritance by descendants, ancestors and collateral heirs in the context of both separate, community and quasicommunity property. Finally, the program explores subsidiary problems of inheritance such as the rights of posthumous heirs, adopted heirs, illegitimate children, foster-children, the slayer of the decedent and the treatment of the simultaneous death problem.
CANINE (The Complete Article Nine) is a unique set of learning materials designed to assist both law students and lawyers to be effective Article 9 practitioners. It consists of a comprehensive collection of text and interactive problems modeled after a conventional casebook or treatise.
Download a printable PDF of the book chapters (excludes the problems): PDF.
These interactive problems are intended to be used with CANINE Chapter 3 (The Nature of Secured Credit under Article 9), but also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are to be used with CANINE Chapter 4 (Scope of Article 9), but they may be used alone also.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are to be used with Chapter 5 (Classification of Collateral), but also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended for use with CANINE Chapter 6 (Choice of Law), but also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 7 (Creating an Enforceable Article 9 Security Interest), but also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 8 (The Specifics of Enforceability -- A Security Agreement Authenticated by the Debtor or Its Legal Equivalent), but also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are to be used with CANINE Chapter 9 (Specifics of Enforceability -- After-acquired Collateral, Future Advances, Transferred Collateral and Proceeds, and the New Debtor Problem), but they also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 10 (The Need for Value and Debtor's Rights in the Collateral), but they also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 11 (Enforceability in Consumer Transactions), but they may also be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 12 (Perfection Generally), but they also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 13 (Overview of Perfection by Filing), but they also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 14 (The Nitty Gritty of Filing), but they also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended for use with CANINE Chapter 15 (Perfection by Possession), but they also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended for use with CANINE Chapter 16 (Perfecting Security Interests in Proceeds and Other Later-Acquired Property), but also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 17 (Perfection as to Goods Subject to Certificate of Title Legislation), but they also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 18 (Perfection by Doing Nothing -- Automatic Perfection), but also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 19 (Perfection Pursuant To Federal Law), but also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 20 (Perfecting Security Interests in Fixtures and Other Real Estate Related Collateral), but they also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 21 (Perfection As To Investment Property), but they also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 22 (Perfection as to Deposit Accounts, Letter of Credit Rights and Electronic Chattel Paper), but they also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 23 (Continuing Perfection -- The Need to Reperfect (or Refile), but also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 24 (Continuous Perfection -- Changes as to the Use of the Collateral or the Location of the Collateral or the Debtor; Security Interests in Proceeds), but they also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 25 (The How and Why of Priority), but also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 26 (Secured Party Versus Lien Creditor and Trustee in Bankruptcy), but they also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 27 (Secured Party Versus Buyer), but they also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 28 (Secured Party Versus Secured Party), but also may be used alone. Chapter 29 continues the treatment of priority disputes between and among secured parties.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 29 (Secured Party Versus Secured Party Continued), but they also may be used alone. Problem Set 28 also deals with disputes between and among secured parties.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 30 (Secured Party Versus Trustee in Bankruptcy), but they also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 31 (Secured Party Versus Statutory Liens Including Federal Tax Liens), but also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 32 (Fixtures Priorities), but also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 33 (Secured Party's Options on Default), but they also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 34 (Getting Possession of the Collateral), but they also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 35 (Disposition of Collateral), but may also be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 36 (Acceptance in Full or Partial Satisfaction of the Debt), but they also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 37 (Foreclosure as to Intangibles), but they also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 38 (Remedies for a Secured Party's Failure to Comply with Article 9), but they also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 39 (Enforcing Security Interests in Bankruptcy), but they also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
This lesson teaches the Capital Asset Pricing Model. It begins by discussing risk and its control by diversification, and how betas measure the risk of diversified portfolios.
The lesson is designed to guide the student through the CAPM in detail as part of a Corporate Finance or Mergers & Acquisitions course. In courses that do not cover the CAPM in detail, such as Business Association courses or Securities Regulation, this lesson can be used as further study or for skimming.
This lesson is designed to be used either as an introduction or as a review of the parties who are involved with negotiable instruments governed by Article 3 of the Uniform Commercial Code. This lesson will teach you to identify the various players who are involved in the use of negotiable instruments. It can be used to introduce you to these players, help you sort them out, or to reinforce what you already understand.
This exercise deals with attack and support of the character of parties, victims, and witnesses; the use of reputation and opinion testimony as character evidence; and the admissibility of other crimes, wrongs, or acts as evidence falling outside the general ban on character evidence.
This exercise helps you to learn how to characterize a remedy as legal or equitable. This is a significant characterization, as many important substantive and procedural rights can turn on this characterization. This lesson is probably best studied in conjunction with a course in Equity or Remedies, though one can use the lesson for independent self study of the topic. You may want to study the CALI lessons History of Equity and Equitable Remedies - An Overview first. By the end of this lesson, you should be able to identify the characteristics of equity.
This lesson explores issues relating to the United States Supreme Court's landmark decision in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984).
This lesson is intended to be used as both an introduction to Child Custody Jurisdiction and as a review for students who have already studied the material.
This lesson explores the standards for modifying child custody orders and the policies underlying same. It is an introductory lesson and assumes an understanding of the issues involved in making an initial custody decree. This lesson should be worked, for review and reinforcement, after the topic has been covered in class. The lesson may also serve as a substitute for covering this topic in class, as long as the student has covered the more general topic of initial custody decision making. The lesson does not cover interstate jurisdiction or relocation (moving the child out of the jurisdiction). Those topics are covered in other lessons.
This lesson reviews the guidance provided to attorneys by the Model Rules of Professional Conduct on selecting, rejecting or withdrawing from the representation of clients. The Model Rules studied in particular are Rules 1.16 and 6.2. Each section can be studied separately.
This lesson is second in a series that takes a look at formation of agreements governed by the U.N. Convention on the International Sale of Goods (CISG). The CISG provides a uniform set of rules for international sales contracts where the parties are located in different signatory countries. There are 11 separate provisions on contract formation under the CISG. This lesson sets out the basic requisites for determining whether an offer exists, when it is accepted and how to address a battle of the forms if the CISG applies. The general attributes of domestic contracts and other CISG contracts are covered in other lessons.
This lesson is third in a series that takes a look at performance of agreements governed by the U.N. Convention on the International Sale of Goods (CISG). The CISG provides a uniform set of rules for international sales contracts where the parties are located in different signatory countries.
This lesson is first in a series that takes a look at the basics of agreements governed by the U.N. Convention on the International Sale of Goods (CISG). The CISG provides a uniform set of rules for international sales contracts where the parties are located in different signatory countries. While some of the rules parallel those under the common law and Article 2 of the U.C.C., many are different. This lesson sets out the basic requisites for determining when the CISG applies and evaluating contracts governed by the CISG. The general attributes of domestic contracts and CISG contracts are covered in other lessons.
This exercise provides a comprehensive review of federal environmental citizen suits, focusing on the citizen suit provision of the Clean Water Act. The student is presented with a series of hypothetical violations of the Clean Water Act and is asked questions regarding whether judicial review is available under the citizen suit provision of the Act for those violations, the jurisdictional or procedural limits that are placed on review, and limits on the type of relief that is available.
This lesson considers the special classification issues associated with pensions, professional licenses and goodwill, personal injury and workers' compensation awards, and life insurance. The student should have a general understanding of the distinction between marital and separate property before working this lesson. The lesson can be used as an introduction to or review of the materials covered. It also works well as an independent lesson.
This lesson will introduce you to the technology-based emissions limitations for the criteria air pollutants that apply to stationary sources regulated under the Clean Air Act.
This lesson will introduce you to the technology-based emissions limitations that apply to stationary sources regulated under the Clean Air Act that emit hazardous air pollutants (HAPs). It can act as an introduction to the subject, or you can use this lesson as part of your review of Clean Air Act stationary source regulations at the end of your studies of the Clean Air Act or before your final exam.
This lesson can serve as either a comprehensive introduction to, or a comprehensive review of, the elements of Clean Water Act jurisdiction. It refers to cases that you may have studied in your Environmental Law course, but knowledge of the cases is not required in order to complete the lesson.
This lesson is an introduction to the types of Clean Water Act permits, the terms of a permit, and the effect of a permit. It can function either as an initial introduction to this subject or as a review of material covered in class.
This lesson will introduce you to the ethical considerations associated with writing client advice letters. The lesson is intended for a first year law student currently taking a legal writing course. No previous knowledge of ethics is presumed.
This lesson reviews problems in client identification. The lesson is in the form of a game show CLIENT OR NOT?! in which students are presented with an individual who is claiming to be a client. The student may choose the type of liability/responsibility they wish to risk in giving their answer (Competence, Confidentiality or Conflict of Interest). They then will be asked under the circumstances raising that issue whether the individual is a client. Students may proceed through the entire lesson reviewing client identification under one or all of these three issues.
Climate change is the major emerging environmental law problem of the 21st century. However, understanding the legal issues surrounding climate change, both internationally and domestically, will be easier if you have a basic comprehension of what climate change is.
This lesson looks at the international framework for addressing climate change mitigation, as established in the United Nations Framework Convention on Climate Change (UNFCCC) and its protocols.
This lesson is the third in the climate change series. It is designed to introduce students to the concept of climate change adaptation -- that is, the processes whereby humans respond to the ecological changes that climate change is causing.
As of the beginning of 2010, Congress had not enacted comprehensive federal legislation to address climate change. Nevertheless, a number of plaintiffs--mostly non-governmental organizations, or NGOs--have been using litigation to attempt to educate the public and prompt effective responses.
This is the last of five CALI lessons on climate change. It explores the ways in which litigants and agencies have tried to use existing federal environmental statutes -- the Clean Air Act, the National Environmental Policy Act (NEPA), the Endangered Species Act, and the Clean Water Act -- to address climate change.
This lesson tries to explain Coasean irrelevance (which is often known as the "Coase Theorem").
Cohabitants may litigate to obtain property, support, a share of an estate, or for derivative benefits such as wrongful death or survivor's benefits. This lesson reviews theories of recovery for cohabiting couples who were not formally married. The lesson explores contract, quasi-contract and equitable theories of recovery such as constructive and resulting trusts, quantum meruit, promissory estoppel and implied contract. Note that not all states allow all remedies reviewed in this lesson.
This lesson explores the Lanham Act provisions governing federal registration of collective marks and certification marks.
This lesson focuses on issues related to the commencement of legislative rulemaking proceedings. Accordingly, it focuses on how such proceedings are commenced and by whom. It also focuses on rules that are exempt from rulemaking requirements. This lesson is intended for students who have studied these issues in class and wish to refine and further their knowledge.
Focusing on the Clean Water Act and the Endangered Species Act, this lesson gives a brief overview of the ways in which federal environmental and natural resources law can raise issues regarding the federal government's constitutional authority to regulate pursuant to the Commerce Clause of the U.S. Constitution. In particular, it looks at the possible limitations on the federal government's Commerce Clause authority as a result of the U.S. Supreme Court's 1995 decision in United States v. Lopez and as a result of federalism and land use considerations.
This lesson covers characterization of commingled property at divorce. It covers tracing, transmutation, differentiation between income and passive appreciation and other rules regarding characterization of commingled property as marital or separate.
This lesson deals with the "committed to agency discretion" exception to judicial review. Under the federal Administrative Procedure Act, courts tend to assume that administrative action is subject to review. However, there are several situations when courts will decline to exercise their review authority. One of those situations is the subject of this lesson: when administrative action has been committed to agency discretion by law.
The goal of this lesson is to introduce you to the basics of conducting company and industry research. Company research is the process of gathering information about a specific company. Once you have information about a company, you may need to know how that company is faring within its industry. Companies within an industry can be compared to one another, or an analysis of the industry itself can be done to see how it is performing.
This is the first in a series of lessons on the topic of "Compensatory Damages." It is designed as an "Introduction" to the overall concept of "compensatory damages" as well as to the key terminologies that are typically associated with these types of damages. For beginning students, this Lesson should be completed first, before proceeding to any other Lessons that address more complex damages issues, as it contains a thorough presentation of the various terminologies and concepts that are unique to this specialized area of the law.
This lesson was written as a review of the material covered In Chapter 7 of the CALI e-book, Wetlands Law: A Course Source. The lesson reviews the compensatory mitigation requirements for Section 404 permits.
This lesson deals with a topic more commonly known as alimony, spousal support, or maintenance. Its focus is Chapter 5 of the American Law Institute Principles of the Law of Family Dissolution. This is an introductory lesson. It assumes you have spent little or no time discussing this material in class.
This lesson addresses the protection afforded to compilations (including collective works) under United States copyright law.
This lesson will introduce you to the concept of Gross Income, usually the first concept students encounter in their study of the Federal income tax system. This lesson will also discuss certain exclusions, deductions and other concepts encountered in the calculation of Gross Income. This lesson will be useful to the novice student as it introduces the student to the typical analysis tax lawyers engage in.
Students are given hypothetical fact situations and asked whether the testimony offered would be hearsay. The exercise provides practice in applying the concept that an utterance is hearsay if it is offered to show the truth of matters asserted therein.
This lesson explores the constitutional rules requiring confrontation of hearsay declarants in criminal prosecutions, with special emphasis on Crawford v. Washington, 541 U.S. 36 (2004), and its progeny.
This lesson explores some of the rules surrounding police searches based on a citizen's consent. Students will be able to critically examine the law and the policies that permit consent searches under certain circumstances.
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 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 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 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.
This lesson provides an overview of both criminal and civil contempt. It includes both direct and indirect contempt, as well as compensatory civil contempt and coercive civil contempt. It covers the differences among these types of contempt in their function and procedures and explores why it is important to distinguish among them.
This lesson examines the two types of secondary liability in copyright law -- contributory infringement and vicarious liability. Before attempting this lesson, students should be familiar with the exclusive rights that belong to a copyright owner, and should understand the concept of direct infringement. Note: This lesson was written while the Supreme Court was still considering MGM Studios, Inc. v. Grokster, Ltd., cert. granted, 125 S. Ct. 686 (2004), the outcome of which may alter the standard for contributory infringement.
This lesson will introduce you to the GNU/Linux operating system and its interaction with Copyright Law.
This lesson gives the basics of copyright and trademark research, including historical background, statutes, regulations, cases, secondary sources, international materials, and current awareness tools.
This lesson deals with copyright duration, an arcane, technical and somewhat laborious subject that is not always covered in depth in copyright law or intellectual property law courses.
This lesson covers some of the basic formalities of copyright: notice, registration, and deposit. Attention is given to changes wrought by the 1976 Act and the Berne Convention Implementation Act.
Copyright Law may seem shrouded in mystery: how can you create, transfer, and protect property interests in something intangible? This lesson provides an overview of how it is done, focusing on copyright protection for music. This focus takes advantage of the multimedia capacity of the program; for example, you can listen to two musical works to determine whether one infringes the other, and you can listen to the parody version of "Pretty Woman" that figured in a decision of the United States Supreme Court.
This lesson introduces the user to the copyright issues that pertain to sound recordings.
This lesson focuses on state corporation law restrictions on distributions to shareholders. It does not cover restrictions on distributions arising from other sources, such as contractual restrictions, the law of fraudulent conveyance, or federal bankruptcy law.
This lesson examines a subset of the fiduciary obligations of directors and officers--their duty of loyalty to the corporation--the Corporate Opportunity Doctrine.
Credit cards allow the cardholder to make purchases without using cash since the purchases are made with debt. The terms of the lending arrangement are governed by the agreement between the cardholder and the issuer, but federal regulations play an important part. In this lesson we will look at issuance of credit cards, disclosure requirements, use of credit cards, and the risk of error and loss on credit cards.
This lesson will review general principles of custody disputes including terminology and factors used in resolving custody disputes. Separate lessons will cover custody jurisdiction, modification, and visitation.
The definition and location of customary international law is a difficult research task. This lesson begins by defining customary international law and placing customary international law into context through historical examples. Two research strategies for locating custom will be introduced. The first strategy is to locate pre-defined custom using a source that discusses state practice that has risen to the level of custom. The second and more complex strategy involves searching directly for evidence of customary international law.
This lesson covers the basic and specific measures of damages recoverable for tortious injuries to the interest in use and enjoyment of personal property. Students will be acquainted with conceptual and pragmatic problems of valuing the interest in use and enjoyment of personal property.
This lesson deals with basic and specific measures of damages recoverable in torts for harms to the interest in maintaining the physical integrity of personal property. Invasions of this interest are distinct from invasions of the interest in exclusive possession and the interest in use and enjoyment, and the law of damages reflects the differences. In order to deal effectively with the differences, separate lessons treat the interests in possession and use and enjoyment. The substance of causes of action available in torts for recovering damages is not treated here.
This lesson covers basic and specific measures of damages recoverable for tortious invasions of the interest in exclusive possession of personal property.
The student will be presented with concrete situations in which to consider application of rules and concepts of the law of damages. Analytically, invasions of the interest are separated into permanent deprivations and temporary deprivations and the different rules applicable to the two different contexts are explored.
This lesson deals with basic principles and measures of damages recoverable for harms to real property. The analysis to which students will be acquainted examines the harms in the context of three categories of interests to be protected by the law of damages. Those categories, which are separately treated in the lesson, are exclusive possession, physical integrity and use and enjoyment.
This lesson covers the common law rules and various statutory approaches governing recovery of damages for injuries resulting in death. Questions and problems in the lesson consider the circumstances under which and the extent to which damages are available to protect the interests of persons who die as a result of tortious injuries and the interests of the survivors of those persons.
This lesson covers the general principles and basic measures governing the remedy of damages for personal injuries. It explores issues and problems that confront a person seeking the damages remedy to address tortiously-inflicted physical harm.
This lesson is an introduction to the basics of dangerous dog laws and is the first part in a series of three lessons that examines their interaction with the Fourteenth Amendment's procedural due process requirement. This lesson does not require any prior knowledge of animal laws or dangerous dog laws. While some general knowledge of due process might be helpful, it is not necessary or required.
This lesson is part 2 in a series examining dangerous dog laws and their interaction with the Fourteenth Amendment's procedural due process requirement, specifically void-for-vagueness challenges. This lesson does not require any prior knowledge of animal laws or dangerous dog laws. While some general knowledge of due process might be helpful, it is not necessary or required.
This lesson examines dangerous dog laws and their interaction with the Fourteenth Amendment's procedural due process requirement. It is the final lesson in a series of three examining this part of the law. This lesson does not require any prior knowledge of animal laws or dangerous dog laws. While some general knowledge of due process might be helpful, it is not necessary or required.
Bank debit cards (sometimes called bank cards or ATM cards) may look like credit cards, but they do not typically have the same features or provide the same protections against loss. Debit cards are associated with a checking (or savings) account owned by the customer. In this lesson we will look at issuance of debit cards, disclosure requirements, imposition of overdraft fees, and the handling of errors and losses on debit cards.
This lesson examines remedial options in defamation litigation. Included within the scope of this lesson are the remedies of injunctions and damages. These remedies are examined from both a common law and constitutional perspective. This lesson is designed for students who have studied this material in class and wish to refine and develop their knowledge.
The student plays the role of a lawyer in a hypothetical criminal trial. As the trial progresses the student is faced with various problems raising issues under the ABA Model Rules of Professional Conduct and the ABA Standards for Criminal Justice. The lesson asks what should be done in each situation and responds to the student’s answer by commenting upon it, asking further questions, or progressing further with the trial.
This lesson was revised in accordance with the Model Rules of Conduct, as amended through August 2003.
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.
In this lesson, "The Definition of Hearsay and the Federal Rules Part I: Substantive Rules and Hearsay Dangers" the focus is on basic, non-controversial distinctions between hearsay and non-hearsay, which should be correct in any jurisdiction.
This lesson is part of another CALI lesson "The Definition of Hearsay and the Federal Rules." That lesson was divided into three parts for students who wish to cover the material in smaller modules. This lesson builds on material covered in the first module, "The Definition of Hearsay and the Federal Rules Part 1: Substantive Rules and Hearsay Dangers" and prepares the student for material covered in the final module, "The Definition of Hearsay and the Federal Rules Part 3: Hearsay Arguments."
This lesson is part of another CALI lesson "The Definition of Hearsay and the Federal Rules." That lesson was divided into three parts for students who wish to cover the material in smaller modules. This lesson builds on the material covered in the first two modules, "The Definition of Hearsay and the Federal Rules Part 1: Substantive Rules and Hearsay Dangers" and "The Definition of Hearsay and the Federal Rules Part 2: Statements and What They Assert."
This lesson will familiarize students with the "Unocal Doctrine", a standard of judicial review under Delaware law. The Unocal doctrine applies to a board's defensive conduct when opposing a hostile takeover and attempting to prevent a change of corporate control.
This lesson will familiarize students with the "Revlon" and "Blasius" doctrines, standards of judicial review under Delaware law. The Revlon doctrine applies to board actions taken when a change of control or sale of the corporation is inevitable. The Blasius doctrine applies when a board has acted with the primary purpose of interfering with a shareholder vote.
This lesson examines the so-called "deliberative process privilege" (DPP) (a/k/a, "predecisional and deliberative privilege"). The DPP is a variant of Executive Privilege, and is applied to protect the confidentiality of administrative communications in various contexts. This lesson is intended for students who have studied the DPP in class, and who wish to refine and expand their knowledge.
This lesson is a review of the duty to support children and the growing federal role in determining child support.
This is the first of two podcasts that describe the process by which a creditor identifies collateral subject to a security interest under Article 9 of the Uniform Commercial Code. This podcast focuses on descriptions of tangible personal property.
This is the second of two podcasts that describe the process by which a creditor identifies collateral subject to a security interest under Article 9 of the Uniform Commercial Code. This podcast focuses on descriptions of intangible personal property.
This podcast provides an overview of the process by which a creditor attaches a security interest to collateral under Article 9 of the Uniform Commercial Code, thereby making it enforceable by the creditor in the event there are unmet obligations to the creditor (in most cases by non-payment of a loan by the debtor). The podcast reviews the requirements of security agreements and uses a series of examples to demonstrate when a security interest attaches.
The topic of this podcast is to identify when a purchase money security interest (“PMSI” or PIM-zee) has been created and to identify fact patterns that frequently appear on law school and bar examinations where it is significant that a security interest is a PMSI. Remember, a PMSI is simply a specific type of security interest.
The topic of this podcast is when a security agreement is sufficient to enable it to attach a security interest to collateral under Article 9 of the Uniform Commercial Code, thereby making it enforceable by the creditor in the event that there is a default by the debtor (in most cases non-payment of a debt). This podcast focuses on the elements required for enforceability of a security interest under UCC Section § 9-203(b) and the alternatives that satisfy the security agreement requirement under § 9-203(b)(3).
The topic of this podcast is Tortious Interference - when one of the parties to a contract claims that a third party wrongfully interfered with the contract by inducing the other party to breach. The rule for when tortious interference arises after a contract can be found in Restatement (Second) of Torts § 766. Tortious interference can also arise before the contract is formed, when the third party is claimed to have interfered with the formation of a contract. The podcast includes a discussion of defenses to a claim of tortious interference, and examines the fine line between unlawful and permissible interference per Restatement (Second) of Torts § 767. The cases Texaco, Inc. v. Pennzoil Co. and Phillips v. MEA are covered, as is the movie The Insider which was based on a real tortious interference case.
This lesson provides an analysis of the levels of distinctiveness and the requirements for the determination of whether a term chosen as a mark is inherently distinctive, must yet acquire distinctiveness, or is incapable of trademark protection regardless of distinctiveness. The lesson is intended as a review of material that is covered early in a Trademark Law course.
This lesson focuses on distribution of property that has already been identified and valued. Before beginning the lesson students should have a general understanding of the differences between common law and community property systems. They should also be aware of the basic distinction between marital and separate property. This lesson may be used either as an introduction to the distribution of property at divorce or as a refresher that tests a student's understanding of this subject.
This lesson provides an introduction to one of the Copyright Act's section 106 exclusive rights, the distribution right.
This lesson introduces the doctrine of equivalents, which permits a finding of patent infringement where the accused structure or process does not literally infringe, but differs only insubstantially from the claimed structure or process.
In this lesson, you will learn about the application of the Double Jeopardy Clause to criminal prosecutions. You will consider such topics as the attachment of jeopardy, the definition of "same offense," and the dual sovereignty doctrine.
This exercise reviews some substantive principles of contract law and demonstrates the application of that substance to the process of drafting. The exercise begins with a form contract that the user must rewrite to suit the needs of the client. On completion, the user has reviewed applicable principles from both the common law and the U.C.C. In addition, the user has learned principles of drafting that can be applied either to revision of a form or to drafting from scratch.
A large percentage of litigation arising out of contracts results from poor drafting. In order to eliminate this litigation, it is imperative that students and legal professionals master good drafting skills. One of the most important aspects of drafting a contract is the operative language--language that affects legal relationships. This lesson is designed to introduce law students to operative language commonly used in drafting contracts, in particular, language of obligation (shall), language of authorization (may) and language of condition precedent (must).
This lesson explores the legal aspects of drones in both military and civilian settings.
This lesson covers the historical evolution of Congress's authority to enact legislation pursuant to the Commerce Clause. Congress's contemporary Commerce Clause authority is covered in a separate lesson.
This lesson explores the many uses of the doctrine of election of remedies. Students will discover that attorneys will invoke the doctrine of election of remedies to enforce statutory or contractual exclusivity of remedy; to require plaintiffs to be bound by their intentional choice; to protect defendants from prejudice due to their detrimental reliance on plaintiff's actions; to eliminate double recovery for the same wrong; or to eliminate splitting and relitigation of claims. By working through the problems in this lesson, students will become familiar with the many different purposes of the doctrine and recognize the overlap with other remedial doctrines, such as waiver, estoppel, laches, and res judicata.
This exercise is designed for use in conjunction with any Federal Courts, Federal Jurisdiction, or Civil Rights course that covers the Eleventh Amendment. The exercise takes the student through attempts to bring a federal lawsuit to rectify substandard conditions at a home for the mentally ill.
When an employer breaches an employment contract, the employee might seek any of several different types of remedies. In general, it will be difficult (if not impossible) for the employee to obtain injunctive relief against the employer. As a result, most of the litigation focuses on damages and the level of recovery that an employee might obtain against a breaching employer. This lesson focuses on the employee damage remedy, and is intended for students who have studied these issues in class and wish to refine their knowledge.
This lesson focuses on employee injunctive remedies against an employer. The issues raised by this lesson arise in a variety of different contexts, involving both low-level employees and famous individuals. They also involve various types of injunctive requests (e.g., attempts to enforce contracts, as well as for defamation). This lesson is intended for students who have studied these issues in class and wish to refine their knowledge.
This lesson examines the creation of the employer/employee relationship (formerly master/servant relationship) in agency law and contrasts that relationship with the status of independent contractor. The lesson provides an opportunity to think about why the distinction is important and how to tell whether a given relationship rises to the level of being an employer/employee relationship or is merely an independent contractor relationship.
This lesson deals with issues related to an employer's damage remedies for breach of an employment contract. As we shall see, employers might be able to claim various types of remedies depending on the circumstances and context. This lesson is intended for students who have studied these issues in class and wish to expand and refine their knowledge.
This lesson deals with issues relating to an employer's ability to use injunctive remedies against an employee who breaches a contract. In addition to examining issues relating to affirmative and negative specific performance, it also examines covenants not to compete. The lesson is intended for students who have studied these issues in class and wish to refine their knowledge.
This lesson is a review of child support enforcement at both the state and federal levels.
This is the first in a series of three lessons on limited liability companies. It provides a comparative overview of unincorporated entities such as sole proprietorships, partnerships, and limited liability companies (LLCs), and incorporated entities including S and C corporations.
This lesson was written as a review of the material covered in Chapter 8 of the CALI e-book, Wetlands Law: A Course Source. The lesson reviews EPA's role in the section 404 permitting process and EPA's veto authority.
This lesson covers the defense of laches to an equitable action. Students will learn when the defense applies, the elements necessary to establish the defense, and how courts consider the defense. Students will also learn to distinguish laches from the related defenses of Estoppel and the Statute of Limitations.
In this lesson, we examine the concept of equitable discretion and gain insight into equitable precedent on the subject. This lesson was designed for use by students who have completed study of this topic in their basic remedies class, and want to further refine and expand their understanding of the concept.
This lesson looks at the courts' intervention with the abuse of separateness that mostly we associate with piercing the corporate veil. Courts intervene to circumvent separateness using three doctrines: lender liability, veil piercing, and equitable consolidation in bankruptcy.
This lesson will cover the remedy known as the Accounting for Profits. Frequently, this remedy is not covered extensively in the classroom setting, probably because the accounting for profits often accompanies other remedies which receive greater attention. Consequently, this lesson is designed to provide basic coverage of this remedial option. Another lesson, "Equitable Protection of Restitution: The Constructive Trust and Equitable Lien" is recommended. Taken together, students will learn when each form of relief is available, the advantages and disadvantages that each form offers and, when the choice is available, the strategic implications of choosing one form over another.
This lesson will cover two of the most powerful equitable remedies, the Constructive Trust and the Equitable Lien. This lesson is intended to supplement your classroom study of these remedial tools, and to explore their utility more deeply. Another lesson, "Equitable Protection of Restitution: The Accounting for Profits," is recommended. Taken together, students will learn when each form of relief is available, the advantages and disadvantages that each form offers and, when the choice is available, the strategic implications of choosing one form over another.
This exercise gives a basic overview of the types of equitable remedies. You need not have read any particular materials or taken any particular law school courses in order to complete the tutorial. It can be used to provide background in your courses where equity is especially relevant or to review the types of equitable remedies for use in a remedies course.
This lesson will introduce you to, or allow you to review, the major provisions of the Federal Endangered Species Act: section 4, 16 U.S.C. section 1533, which governs listings of endangered and threatened species; section 7, 16 U.S.C. section 1536, which imposes obligations on Federal agencies to protect endangered and threatened species; and section 9, 16 U.S.C. section 1538, which prohibits all persons from "taking" or trading in endangered and threatened species.
This lesson reviews an attorney's responsibilities when setting, sharing and collecting fees. By the end of the lesson, students should be able to identify how much, by what method, and under what circumstances they can charge fees from clients, share fees with others, and take actions to collect fees.
This lesson provides an overview of the history and structure of the European Union, followed by an introduction to researching European Union documents, specifically EU treaties, regulations, directives, and opinions of the European Court of Justice. The European Union is a truly unique structure which represents over half a century of cooperation between select nations.
This lesson gives an overview of the basics of the European Union's trademark system. The emphasis is on issues of registration and infringement. It often uses a comparative approach, with the U.S. system as a foil. It takes users through both the national systems (via the Trademark Harmonization Directive) and the Community Trademark system. Familiarity with U.S. trademark law is assumed.
This lesson explores the exceptions to an attorney's ethical duty of confidentiality that are designed to protect third persons from death, injury or financial loss. The lesson examines these exceptions as expressed by the American Bar Association's Model Rules of Professional Conduct and notes some of the variations on these rules found among the states.
This lesson will discuss the Exclusionary Rule, the circumstances under which it may be raised, and two important exceptions to its use -- the Impeachment Exception and the Leon Good Faith Exception.
This exercise helps users understand the requirements of the Uniform Probate Code for the execution and revocation of testamentary instruments such as wills and codicils. It looks at the requirements for both attested written wills and holographic wills in the context of hypothetical estates. It explores the rights of pretermitted heirs. This lesson was revised to reflect the 2008 Amendments.
This lesson focuses on the presidential version of executive privilege. The lesson examines the justifications for the privilege, the requirements for its invocation, and judicial handling of that privilege. The lesson is intended for students who have studied this privilege in class, and who wish to further refine their understanding of the topic.
Executory contracts behave idiosyncratically in bankruptcy. They may be assets or liabilities, depending on their terms. Understanding their treatment by the bankruptcy code and the courts is key.
This lesson explores the circumstances under which and reasons why courts will dispense with the requirement for a search warrant.
This exercise applies hypotheticals to situations involving expert witnesses. Analysis relies primarily on the Federal Rules of Evidence. Expert testimony in both civil and criminal contexts is covered, as the exercise consists of two trials: the first is a civil case, the second a criminal prosecution.
The goal of this lesson is to take the user systematically through UCC Article 2. The lesson accomplishes this goal by having the user study a contract for the sale of goods. The concepts of Article 2 are thereby seen in the practical setting in which they are applied. Conversely, study of the contract reveals the source of each of the included provisions in the law. The user becomes familiar with the default rules and how those rules might be changed on behalf of a client. The user finishes with knowledge of the Code and how the Code may be applied in practice when drafting a contract.
This lesson covers the role of the Federal Aviation Administration (FAA) in enforcing the Federal Aviation Regulations (FAR), known formally as Title 14 Code of Federal Regulations (14 CFR). Title 14 CFR has numerous parts that are organized by category of operation; that is, categories include: pilots and instructors, aircraft operators, aircraft manufacturers, and space transportation.
This lesson explores the application of the fair use doctrine, a defense to copyright infringement, in the special context of parody, based on the guidance provided by the Supreme Court in Campbell v. Acuff Rose Music, 510 U.S. 569 (1994). The lesson builds on the foundation established in CALI Lesson CPY08, Fundamentals of Fair Use, using a series of hypotheticals and a final essay.
The Federal Communications Commission (FCC) is not normally associated with aviation jurisdiction other than perhaps the issuance of radiotelephone station/operator licenses. However, the FCC is an independent Federal Agency which has been entitled by Congress to regulate and enforce a broad range of aviation matters.
This exercise is the counterpart of The Definition of Hearsay and the Federal Rules, which covers the definition of hearsay under Federal Rules of Evidence 801(a)-(c). The new exercise includes graphic reviews of each subsection of 801(d), and graphic illustrations of multiple hearsay, as well as interactive flowcharts for the subsections of 801(d). The program lends itself to use by students who either (i) want a relatively quick-review, with detailed work limited to those issues they find troublesome or (ii) want to review each relevant section of the rules in some detail.
This lesson explores section 2 of the Lanham Act, 15 U.S.C. § 1052, which prohibits certain types of trademarks from being registered on the Principal Register of the PTO, regardless of whether those marks are protectible under state law or under section 43 of the Lanham Act, 15 U.S.C. § 1125.
The classic rhetoric of Cardozo in Meinhard v. Salmon hides a delicate economic intuition justifying broad fiduciary obligations. This lesson parses closely the text of the dissent and the majority to recognize the idiosyncratic facts that make this a pivotal case. The focus is on the economic ramifications of Cardozo's choice.
This lesson reviews the basic components of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). It works best as a review of materials covered in a Hazardous Waste or Toxic Torts class, but it can also serve as an introduction to the statute.
In this lesson, you will learn about the International Court of Justice, one of the principal organs of the United Nations. After an introduction to the Court, you'll learn about some of the print reporters of the Court's decisions and online sources for these opinions. Finally, there will be a discussion of print and online digests of the Court's decisions.
This lesson discusses the requirement that a work be "fixed in a tangible medium of expression" as a condition to obtaining copyright protection. Although it assumes a basic familiarity with copyright law and terminology, it is designed to stand alone. It can, therefore, be used either as an introduction to the fixation requirement or as a review of those concepts after a class discussion.
This lesson explores how trademark law deals with two specific categories of marks: foreign (non-English) words and people's names. It addresses their ability to function as marks as well as how they should be assessed when determining infringement. The lesson assumes a working familiarity with the "distinctiveness" requirement, the fair use doctrine, and the likelihood of confusion test for infringement.
This lesson introduces you to the so-called "formal" process for making administrative rules and regulations. Under the federal Administrative Procedure Act, there are two separate and distinct processes for making rules: the "informal" process and the "formal" process. In a prior lesson, we examined the informal process. This lesson examines the formal process in greater detail. The lesson is designed for students who have studied these issues in class and who wish to refine their knowledge and understanding of the issues.
This lesson deals with the formation of contracts under Article 2 of the Uniform Commercial Code (excluding § 2-207 issues). Under UCC § 2-204, a contract can be formed in any manner sufficient to show agreement, even if the parties leave open terms. This lesson will explore the effect of the difference in formation between common law and Article 2.
This exercise covers these four, most commonly used, specific exceptions to the Hearsay rule: 1) Present sense impressions; 2) Excited utterances; 3) State of Mind; and 4) Business records. The student will be applying these four exceptions in the context of scenarios presenting hypotheticals. The student's goal in this lesson is to work with the four exceptions, to gain a basic understanding of them with a focus on those fundamentals and problem areas identified in the FRE's Advisory Committee's Notes, recent judicial decisions, and legal commentators.
This lesson is designed to introduce students to the Fourth Amendment prohibition against "unreasonable searches and seizures." The goal is to provide students with an overview of the history of the Fourth Amendment, as well as an introduction to the warrant requirement and the concept of warrantless searches. The lesson is intended for students who have studied these issues in class, and wish to refine their knowledge.
This exercise is intended for students who have studied this issue in class, and wish to refine and apply what they have learned. It includes several essay questions, along with their model answers.
The lesson covers the 2014 Uniform Voidable Transactions Act (a slightly amended Uniform Fraudulent Transfers Act) and section 548 of the Bankruptcy Code. Two subsequent lessons cover (a) defenses and (b) the application of fraudulent transfer law to Leveraged Buyouts (LBOs).
The lesson covers the remedies, defenses, and limitations under the 2014 Uniform Voidable Transactions Act (a slightly amended Uniform Fraudulent Transfers Act) and sections 548 and 550 of the Bankruptcy Code. A previous lesson covered the types of fraudulent or voidable transfers generally. A subsequent third lesson covers the application of fraudulent transfer law to Leveraged Buyouts (LBOs).
The is the third lesson on voidable or fraudulent transfers under the 2014 Uniform Voidable Transactions Act (a slightly amended Uniform Fraudulent Transfers Act) and section 548 of the Bankruptcy Code. This lesson deals with applications in leveraged buyouts (LBOs). The previous two lessons covered (I) the types of transactions that are voidable; and (II) remedies and defenses.
This is an introduction to Securities Act Rules 164 and 433 and the requirements for free-writing prospectuses under Rule 433. Before taking this lesson, students should have a basic understanding of the registration requirement of the Securities Act of 1933, especially the restrictions in section 5 of that Act. The lesson provides links to the relevant statutory and regulatory provisions, but you might find it helpful to have your own copy of the Securities Act and Securities Act Rules 164 and 433.
This lesson focuses primarily on the federal Freedom of Information Act. The lesson begins with an overview on the origins of the Act and its basic structure. The lesson then examines threshold questions that a user of the Freedom of Information Act must consider, and key questions for analysis and application. This lesson examines which agencies are subject to the Freedom of Information Act, whether the document sought is a "record" under the Act, and finally, are any exemptions applicable.
This lesson addresses freedom of speech issues for public school employees at the elementary, secondary, and post-secondary levels.
This lesson will cover the Fruit of the Poisonous Tree Doctrine, its application, and its three exceptions.
This lesson offers an introduction to the doctrine of functionality, which operates as a defense prohibiting anyone from claiming an exclusive right in functional shapes, elements, or aspects of a product or product packaging. The protectability or registrability of a trademark depends on a factual determination of a design's functionality. The functionality doctrine attempts to weigh the public and private interest in copying design features against a trademark owner's inherently anticompetitive objective to avoid consumer confusion.
This lesson serves as background and foundation for other lessons on damages for harms to personal property. It deals with general principles and basic measures of damages recoverable for harms to personal property.
Because copyright creates ownership rights in original expression, the private property interests of copyright owners sometimes come into conflict with the public's interest in disseminating knowledge, expressing ideas, or simply enjoying, sharing, and building upon the protected expression. This lesson introduces the basic concept of fair use in copyright law, and offers numerous examples to test the student's ability to apply the balancing test of 17 U.S.C. § 107.
The General Aviation Revitalization Act of 1994 (GARA) has reshaped the landscape of tort law in American, non-commercial aviation. This lesson provides an overview of the statute of repose under GARA as well as some of the defining case law and limitations of the Act.
This program takes the student through the basics of a particular area of trademark law — the geographic scope of trademark protection. It includes the general common law principles as enunciated in early Supreme Court cases (Hanover, Rectanus) as well as zone of natural expansion. The program also contains complete coverage of Lanham Act principles including constructive notice, constructive use, section 33 and the limited area defense, concurrent use, and the need for confusion (Dawn Donut).
Over the last century, the administrative bureaucracy has grown dramatically in size and influence. In this lesson, we examine some of the reasons for that growth. This lesson is intended for students who have studied these issues in class, and who wish to refine and enhance their knowledge.
In this podcast, Professor Cohen discusses the formation of a partnership and how to master related sections of the Uniform Partnership Act (UPA) and the Revised Uniform Partnership Act (RUPA). Professor Cohen offers practical tips for students to incorporate in their study plan to help them learn this material.
This lesson is an introduction to health law with a concentration on health care law and is intended for use by upper level students interested in researching health law and policy. However, this lesson may be utilized by any researcher interested in brushing up on their legal research skills. The goal of this lesson is to (1) provide an understanding of the regulatory scheme of health care institutions at both the state and federal level; and (2) give a critical overview of the features of analytical materials (secondary sources) that you may utilize for more in-depth understanding.
This exercise is designed to introduce students to the broad range of exceptions available under the Federal Rules of Evidence. Using hypothetical fact situations, students are asked to assume the role of the judge and to rule on the applicability of Federal Rules of Evidence 803 and 804. The exercise requires students to know the proper application of each exception and to also understand the reason underlying each exception to the federal rules.
This lesson deals with the definition of hearsay under the Federal Rules of Evidence. It is a self-contained exercise that requires no prior knowledge or reference to outside material. It can be used as preparation before the topic of hearsay has been reached in the classroom, or as review after hearsay has been covered in class.
This exercise is based on a simulated trial in which the user is asked to rule on hearsay objections and to give reasons for the rulings.
This lesson provides a basic history of equitable remedies. The student need not have read any particular materials or taken any particular law school courses in order to complete the tutorial. It can be used to provide background in courses where equity is especially relevant or to review the history of equity for use in a remedies course.
The lesson reviews the historical development of the federal laws governing wetlands, including regulatory laws and the laws that provide incentives for preservation of wetlands, and the federal agencies that are involved in administering those laws.
This lesson will cover how to research the constitutions of countries besides the United States.
In this lesson, we examine the hybrid rulemaking process. In other words, we examine rules that are not created through the formal rulemaking process (as that process is defined in the federal Administrative Procedure Act (APA)), or by a strictly informal process (again, as defined by the APA), but by a process that is somewhere between formal and informal processes. The lesson is intended for students who have studied these issues in class, and who wish to further refine their knowledge.
This lesson examines identification procedures in criminal cases through a short exploration of problems that can arise in making an identification, a primer on basic constitutional rules and the problem of suggestiveness, and a simple criminal case in which you act as an investigator and see the legal consequences of choosing different identification procedures.
This exercise begins with a transcript of the direct examination of a government witness in a criminal action. The direct examination will be followed by a crossexamination, and the student is asked to rule on objections to impeachment questions by the crossexaminer. The lesson focuses on permissible and impermissible impeachment concepts under the Federal Rules of Evidence. The exercise was composed under a grant from the Federal Judicial Center as part of its training program for incoming federal judges.
This lesson is intended for students who have studied equity and, in particular, in personam remedies in class, and who wish to obtain a further and deeper understanding of the topic.
This lesson teaches about the concept of incontestability: what it is, and what benefits it confers on trademark owners. This lesson can be used either for teaching the subject or for review.
This lesson examines the "informal" rulemaking process. Under the Administrative Procedure Act, this type of rulemaking is also called "notice and comment" rulemaking. In this lesson, we examine the procedural steps that an administrative agency must follow in order to create a valid "informal" rule. This lesson is intended for students who have studied these issues in class and wish to further refine their knowledge.
This lesson covers one type of patent infringement involving activity beyond the borders of the United States. In particular, what constitutes infringement under 271(f)(1) and (f)(2) is addressed, including the US Supreme Court decision, AT&T v. Microsoft.
Students may use this lesson to review material already covered in a course, or to learn this material on their own. Students should at least have prior knowledge and understanding of direct and indirect infringement under 271(a)-(c).
This lesson concerns the initial ownership of trademarks. It does not address the assignment or licensing of trademarks, nor the transfer of trademark registrations. This lesson is intended as a review of material covered in the trademark law course.
This lesson focuses on injunctions against litigation. This issue arises in several different contexts, including intra-jurisdictional state court injunctions, state court injunctions against litigation in other states, state court injunctions against federal litigation, and federal court injunctions against state litigation. The lesson is intended for students who have studied these topics in class and wish to refine and enhance their knowledge.
This lesson focuses on issues relating to injunctions against speech. It is designed for students who have studied these issues in class, and who have a strong working knowledge of the material, but who wish to further refine and develop their understanding.
This is the second lesson involving injunctions against speech. The first lesson focused on various aspects of injunctions against speech including injunctions against defamation, obscenity and related to national security. In this lesson, we focus on some issues that arise in relation to injunctions against civil rights demonstrations including abortion and civil rights protests. Much of the law that governs these issues is basic constitutional law.
This is the third in a series of lessons on injunctions against speech. This lesson focuses on injunctions against invasions of privacy. The lesson is intended for students who have studied this material in class and who seek to refine their knowledge.
This lesson focuses on problems related to injunctions against crimes and against criminal prosecutions. The lesson is intended for students who have studied the topic in class and seek to expand and refine their knowledge of the topic.
This lesson introduces you to the rules governing the award of injunctive relief in actions for trademark infringement. In trademark infringement cases, the harm or loss suffered by a plaintiff is often difficult to prove because of the lack of evidence of a causal connection between the harm and the defendant's wrongful conduct. To account for this evidentiary shortfall, the judicial preference in awarding relief in trademark infringement cases is injunctive relief. Despite this judicial preference, monetary remedies remain available for trademark infringement.
This lesson is one of a series on the topic of "Compensatory Damages." This particular lesson explores the differences among each of the three main types of legally-protected "interests" most commonly involved in any damages case: the expectation interest, the reliance interest, and the restitution interest. It is designed as an "Introduction" to the basic distinctions among each of these different interests, as well as a practical guide to determining when one interest should be asserted instead of another.
This lesson discusses 49 U.S.C. sec. 46504, providing for civil and criminal penalties for passengers who intimidate pilots or flight attendants.
This is an introduction to researching the law relating to intergovernmental and non-governmental agencies. IGOs and NGOs have significant input into international law and finding their resources can be integral to researching international law.
International environmental law covers many subjects. For the most part, however, international agreements on environmental subjects, such as the Convention on International Trade in Endangered Species of Fauna and Flora (CITES) must be implemented through the domestic law of signatory countries. For example, the United States implements CITES through the federal Endangered Species Act.
This program explores the Uniform Probate Code rules for interpreting wills where devisees die before the testator or there are changes in the nature or extent of the estate property. Survival, lapse and antilapse and statements of contrary intent are explored at some length along with ademption, increase and advancements of bequests.
This lesson is designed to introduce students to three different ways that "representation" can be defined under the intestacy system.
This exercise introduces users to the Uniform Probate Code scheme of intestate succession. It explores the application of the Code (as amended in 2008) to various hypothetical situations and gives feedback to the student utilizing the applicable Code provisions. The program examines the inheritance rights of descendants, ancestors and collateral heirs and looks to subsidiary problems of inheritance such as the rights of posthumous heirs, adopted heirs, illegitimate children, and the slayer of the decedent. The requirement of survivorship is also explored.
This exercise begins with some general background questions to help students place administrative agencies within the greater Constitutional scheme. These questions also address the various powers agencies wield, and the ways they are created. Then the exercise examines sources that offer specific details on individual agencies; it goes on to briefly discuss procedural rules, policy statements, and the process of promulgating regulations.
This lesson provides an introduction to accounting, which should be valuable for students taking business associations, corporations, and other transactional courses. It covers the basic understanding of the balance sheet, income statement, and depreciation with an eye to using accounting information for valuation.
On completion of the lesson, the student will be able to:
This lesson presents the basics of administrative law for students taking Environmental Law or Natural Resources Law who have not taken Administrative Law.
This lesson introduces the student to agency relationships and explores the following questions: Why are agency relationships formed? Who are the parties to an agency relationship? What elements are required to form an agency relationship? and What are the consequences of forming an agency relationship?
This lesson serves as an introduction to the most common types of aviation insurance coverage as governed by United States domestic law, federal law, and international agreements, along with a brief history to the overall subject matter.
This lesson is an introduction to the basic concept of depreciation. It discusses depreciation as an expense, how to determine the cost, or basis, of an asset, and the balance sheet treatment of depreciable assets. It does not discuss the different methods of depreciation. That is dealt with in another lesson, Methods of Depreciation.
This lesson will introduce you to researching foreign law.
This lesson will introduce American environmental law students to general principles of international law, with some examples of how such principles create and influence international environmental law.
This series of three tutorials leads students through nine problems involving the taxation of partners and partnerships. The tutorials will be most useful when students have prepared the problems before turning on the computer. After having completed the tutorials, students should have a good understanding of the basic tax rules for partnerships.
This lesson is the first part of a two-part introduction to the federal crowdfunding exemption from the registration requirement of the Securities Act of 1933. Before taking this lesson, students should have a basic understanding of the Securities Act of 1933 and its registration requirement.
This lesson is the second part of a two-part introduction to the federal crowdfunding exemption from the registration requirement of the Securities Act of 1933. You should not take this lesson until after you have completed Part 1.
This lesson will provide students with an introduction to the federal regulation of proxy solicitation.
The purpose of this lesson is to serve as an introduction to the rapidly growing area of trade dress law. Several new developments have occurred in this area of the law just in the past five years. Most of these developments deal with the correct balance between protecting the freedom of competitors to copy packaging or design features on the one hand and protecting the appearance or physical features of a product when these packaging or design features operate as indications of source on the other.
This lesson is an introduction to patent issues under TRIPS, an important international agreement that impacts the national patent laws of all member countries of the World Trade Organization. This includes over 170 countries, including not only industrialized countries, but all developing and least developed countries. Because TRIPS imposes restrictions on national law in all countries, understanding TRIPS is important to understanding what changes to patent law is possible - in the United States and beyond.
This lesson discusses the accounting treatment of inventory: how to value inventory on the balance sheet, inventory as an expense (the cost of goods sold), and different methods of determining the cost of goods sold. It does not cover the lower-of-cost-or-market rule, which is dealt with in a separate lesson.
On completion of the lesson, the student will be able to:
This lesson discusses the lower-of-cost-or-market rule that sometimes requires the book value of inventory to be reduced to its market value. Before taking this lesson, you should already be familiar with the basic accounting rules that govern inventory. Another lesson, Inventory and the Cost of Goods Sold, covers those basic concepts.
This lesson is intended for students who have studied irreparable injury in class, and want to expand and refine their knowledge.
This lesson focuses on basic concepts and terminology and addresses issues contained in what are called the legal capital provisions of corporate codes. You will encounter equity capitalization, par value, capital, capital surplus and earned surplus accounts in a balance sheet.
This is the third part of five related lessons concerning the issuance of securities by a corporation.
This is the fourth part of five related lessons concerning the issuance of securities by a corporation. This lesson deals with the amount of consideration used to pay for equity securities.
This lesson is the FINAL lesson in a FIVE part series dealing with the ways a corporation is financed, that is, the ways in which a company raises money to pay for its ongoing operations. BEFORE beginning this lesson, you should have completed ALL of the previous lessons and have mastered the concepts introduced in each of the previous lessons. This lesson builds on those earlier lessons. The FIRST lesson in the series is called Types of Securities, Corp27.
The goal of this program is to teach a substantial amount of Article 2 through the study of a single case. This exercise begins with a warranty case, ITT v. LTX.
This lesson explores the concept of a "joint work" in copyright law, including the legal standards which determine whether a work has been jointly authored as well as the legal consequences that attach to this characterization.
These questions review the materials covered in Chapter Two of the textbook Judicial Ethics and Conduct, available from CALI's eLangdell website. The subject matter covered includes: Maintaining the Independence and Impartiality of the Judiciary.
These questions review the materials covered in Chapter Three of the textbook Judicial Ethics and Conduct, available from CALI's eLangdell website.
These questions review the materials covered in Chapter Four of the textbook Judicial Ethics and Conduct, available from CALI's eLangdell website. The subject matter covered include ex parte subject matter.
These questions review the materials covered in Chapter Five of the textbook Judicial Ethics and Conduct, available from CALI's eLangdell website. The subject matter covered includes disqualification / recusal.
These questions review the materials covered in Chapter Six of the textbook Judicial Ethics and Conduct, available from CALI's eLangdell website. The subject matter covered includes: judges' extrajudicial activities and campaigns for judicial office.
This lesson addresses two general questions covered in a typical administrative law course: (1) under what circumstances does the federal Administrative Procedure Act authorize judicial review of claims that an agency's inaction violates the Administrative Procedure Act; and (2) what is the scope of judicial review of such claims?
This lesson discusses judicial review of director's conflicting interest transactions under subchapter F of chapter 8 of the revised Model Business Corporation Act. The definition of "director's conflicting interest transaction" is not discussed; that is dealt with in a companion lesson, What is a Director's Conflicting Interest Transaction? The two lessons may be done in either order.
In this lesson, we explore issues relating to judicial review of an agency's issuance of a "legislative" rule -- a rule issued as a result of the federal Administrative Procedure Act's rulemaking procedures.
This lesson includes a discussion of the statutes, regulations, and case law regarding labor and employment issues for airline personnel.
This lesson covers the "cybersquatting" provisions of the Lanham Act, 15 U.S.C. sec. 1125(d), which grant a cause of action to trademark owners against persons who, with a bad faith intent to profit, register, traffic in, or use domain names that infringe the rights of those trademark owners.
Through a simulated counseling session with a prospective law student, this lesson reviews the types of admission to practice, and the procedures and substantive standards for admission to practice. The lesson can be used as preparation, review or substitution for class coverage of this topic.
This lesson discusses how lawyers should respond to audit inquiry letters, which ask lawyers to provide information concerning legal matters to a client's auditors. The lesson focuses on the American Bar Association's Statement of Policy Regarding Lawyer's Responses to Auditors' Requests for Information. No knowledge of accounting is necessary to complete this lesson.
A letter of credit is a document that operates as a payment method whereby parties doing business can enhance the likelihood of payment (typically for goods) through obtaining a form of payment guaranty from a financial institution. In this lesson we will look at the rules governing letters of credit, namely UCC Article 5 and the Uniform Customs and Practices 600. In particular, we will look at how these rules help in the resolution of pre and post honor disputes concerning letters of credit.
The goal of this lesson is to introduce the basic documents involved in a letter of credit transaction by studying one particular transaction.
This is an advanced lesson covering the use of letters of intent in real estate transactions. To get the full benefit of this lesson, students should have completed at least the basic law school course in Contracts. Students should also complete the CALI lesson entitled: Purchase Options: Their Uses in Real Estate Transactions.
Ordinarily, when an agent acts on behalf of a principal the legal rights of the principal are affected, but the agent is not personally liable to third persons with whom he or she has dealt. This lesson looks at those somewhat unusual situations where the agent may be personally liable to third persons.
One of the difficult common law issues in defamation was the distinction between libel and slander. This lesson explains the differences between the two types of defamatory statements. Material is provided on the damage requirements of both. This lesson is part of a series about defamation. One should review the lesson on Basic Issues in Defamation and Privileges before working with this exercise. After finishing this one, the exercise on Constitutional Issues in Defamation should be covered.
Likelihood of confusion is a core concept in trademark law. This lesson is designed to teach the basics of confusion, as well as some more advanced aspects of the topic. It requires students to work through the multifactor analysis used by courts with specific problems. It also includes a discussion of the different forms of confusion.
This lesson follows the Distribution Right lesson, CPY16. This lesson can best be characterized as the Limitation on the Distribution Right.
This lesson defines and applies the concept of literal infringement in patent law. It also examines the process through which the patentee establishes literal infringement.
This lesson introduces the student to the management and financial rights of partners of an ongoing partnership. Other lessons cover the information and indemnification rights of partners and the rights of partners during the process of dissolving a partnership. Before starting this lesson, students should have completed the basic lessons on partnership formation.
This is an introduction to some of the legal aspects of the husband-wife relationship, including property and support obligations along with a number of issues involving the marital status
This lesson addresses the formal and substantive regulations imposed on the right to marry. The lesson discusses the difference between annulment and divorce and compares void and voidable marriages. The putative spouse doctrine and the marriage presumption are also covered. This lesson assumes prior coverage of this material in class and is designed to help you review theses concepts. If you want to study the constitutional aspects of substantive regulations of marriage in more depth, see the CALI Lessons, Constitutional Aspects of Family Law and Same Sex Relationships.
This lesson examines the process of incorporation by allowing students to explore some typical articles of incorporation by clicking on hot spots. The lesson provides a guided tour through the various provisions of the articles of incorporation. The lesson also looks at what happens when the incorporation process is not carried out correctly.
This lesson covers researching medical information. It emphasizes resources that are publicly available free of charge.
This lesson discusses the different methods of calculating depreciation expense. Students who take this lesson should already be familiar with the basic concept of depreciation. If you are not, you should first take the companion lesson, An Introduction to Depreciation.
This lesson reviews Miranda v. Arizona, 384 U.S. 436 (1966), one of the most well known and important cases ever decided by the United States Supreme Court.
This lesson is the second lesson reviewing Miranda v. Arizona, 384 U.S. 436 (1966). This lesson explores issues relating to the assertions by a suspect of the rights provided by Miranda--the right to silence and the right to an attorney prior to questioning; the application of the exclusionary rule to violations of Miranda; and exceptions to and limits on the Miranda rule.
This is an introduction to the black-letter rules of the Model Rules of Professional Conduct. It is a linear question-and-answer drill. Students are asked short questions and given immediate feedback. This drill is intended to serve as preparation for the level II exercise, Questions and Problems, described below. (This exercise is a new exercise that is completely different from the drill exercise offered in previous years. The earlier drill exercise has been revised and is being offered as the Questions and Problems exercise, below.)
This lesson presents students with hypothetical factual situations and asks whether certain conduct would violate the Code. The is a branching tutorial and includes follow-up questions, dialogue, and new questions based upon changes in the original hypotheticals.
This lesson can serve either as an introduction to modification or as a review that reinforces and tests your understanding of this subject. Before beginning the lesson, you should be familiar with the general law of alimony and child support. The CALI lessons on Alimony and Child Support can help.
This lesson focuses on the problem of modifying injunctions. As we shall see, even though an injunction is labeled as "permanent," it is subject to modification or alteration. Indeed, some injunctions, even some far reaching ones, are not intended to last forever. In this lesson, we examine the standards and criteria by which courts decide whether to terminate or modify existing injunctions. This lesson is intended for students who have studied these issues in class, and wish to refine and enhance their knowledge.
This lesson is designed to introduce the student to the role of the mortgage note and the applicable law. This should be of interest to students studying real estate and to students studying negotiable instruments. If you are not already familiar with negotiable instruments, you should go through the CALI lesson entitled "What's a Negotiable Instrument" before trying this lesson. It will focus on the 1990 version of the UCC because that is the law in most states.
This lesson lays the foundation for the advanced study of mortgages and financing that is based on the security of mortgage, mortgage variants, and mortgage substitutes.
This is an advanced lesson that requires an understanding of the basics of negotiable instruments. Before doing this lesson you should at least know what a negotiable instrument is, the significance of it being a negotiable instrument, who can enforce a negotiable instrument, who is a holder in due course, and the benefits of being a holder in due course, subjects covered in other lessons.
This is the sixth in a series of lessons, by this author, covering the basics of negotiable instruments law. It explains the obligations that one incurs by becoming a party to a negotiable instrument, whether as a maker, drawer, indorser, or acceptor.
This lesson can be used to introduce you to the benefits of being a holder in due course or to reinforce your knowledge if you have already received an introduction elsewhere.
It is suggested that you complete the lesson, "What is a Negotiable Instrument" before doing this lesson.
This lesson addresses two questions: (1) What is a negotiable instrument? (2) Why does it matter if something is a negotiable instrument? This lesson can be used to introduce you to the topic of negotiable instruments and to these two subjects. It can also be used to review and reinforce knowledge you have already acquired.
This lesson is designed to teach you how to figure out whether a person is a Holder in Due Course. It can be used as an introduction or for reinforcement. It would be best if you did the following lessons before this one: What is a Negotiable Instrument; Travel of a Negotiable Instrument; and The Cast of Characters in Negotiable Instruments.
This lesson will teach you the sometimes confusing rules governing negotiation of instruments under Article 3 of the UCC. Among other things, you will learn what one needs to do to become a holder of an instrument, how instruments are negotiated, and what is necessary for an effective indorsement. If you are already familiar with this material, the lesson can be completed quickly, giving you a good pre-exam review and pointing out any weaknesses in your knowledge.
This exercise reviews the basic structure and requirements of the National Environmental Policy Act, the first major federal environmental law.
The New Ranch lesson is the successor to the Ranch lesson. As with the Ranch, the New Ranch lesson leads students through the steps necessary to perfecting a security interest under Article 9 of the Uniform Commercial Code (UCC) in a multi-state contact situation. The exercise also assists students to understand many other provisions of Article 9, including those dealing with classification of collateral and those governing the place of filing within a particular state.
This lesson covers emerging issues of assisted reproduction technologies. Most specifically, it explores issues of parental rights on both a constitutional and state level. Topics covered include artificial insemination, surrogacy, and the status of un-implanted pre-embryos when the parties disagree about implantation. It does not cover post-partum conception. The lesson includes the issue of lesbian partners when one provides the egg and the other is the gestational mother but it does not cover other issues of lesbian parenthood.
This lesson covers the availability of non-economic damages; evidentiary issues in proving these damages; and issues in the argument to the jury of these damages. This lesson gives you an opportunity to explore the "how to" of non-economic damages, particularly damages for pain and suffering and mental or emotional distress. The lesson is designed for upper-level students in remedies, advanced torts, or trial practice courses. Students should have some basic knowledge of both tort law and evidence law. First-year students may find the lesson accessible by making use of the pop-up screens providing background on concepts and rules.
This lesson focuses on one of the factual inquiries underlying the legal determination of nonobviousness: the scope and content of the prior art. It assumes that you are familiar with the patentability requirement of novelty under the pre-AIA version of 35 U.S.C. § 102 and with the basic framework of the obviousness analysis. If you would like a review of the basic framework for determining obviousness, you may want to do the lesson on "Basic Concepts of Nonobviousness" before you complete this lesson. After completing this lesson you should have a better understanding of how to determine the scope and content of the prior art so as to assess obviousness.
This lesson works through the details of patent law's novelty requirement as set out in the pre-AIA version of Section 102(a) of the Patent Act. It also briefly covers the pre-AIA version of Section 102(e) as well as the concept of inventorship. It does not deal with the statutory bars of pre-AIA Section 102(b).
This lesson can serve as an introduction or review of the way in which "secondary considerations" are used in assessing the nonobviousness requirement in patent law. The lesson assumes a basic familiarity with the nonobviousness doctrine. Before doing this lesson, students may wish to review the lesson dealing with Basic Concepts of Nonobviousness. Other aspects of the nonobviousness doctrine are covered in the lesson dealing with Scope and Content of the Prior Art. Students may do this lesson either before or after that lesson.
In addition to the limitations imposed upon interrogations by Miranda, the Due Process Clause of the Fourteenth Amendment and the Sixth Amendment right to counsel also constrain law enforcement authority in the interrogation context. This lesson will discuss those additional constitutional limitations. Although it isn't necessary to have mastered the Miranda limitations at this point, some familiarity with those standards will be helpful.
This lesson is an analytical guide to the study of two major aspects of evidence: relevance and hearsay. The vehicle used by this guide is a step by step, nine question analysis, applicable to any admissibility of evidence problem. This lesson should help one determine whether any item of evidence is admissible under the rules of evidence pertaining to relevance and hearsay. The answers to the first four questions determine whether any item of proffered evidence is admissible under the two components of relevancy: logical and legal relevancy.
This lesson reviews the threshold principles of ownership by analyzing the "works made for hire" doctrine codified in the Copyright Act of 1976.
A hundred years ago, a law professor said of the parol evidence rule, "There are few things darker than this or fuller of subtle difficulties." Many students and professionals who have studied the rule would agree with that assessment. Hopefully this exercise will illuminate the rule. It does so by examining the functions served by the rule, taking the user through a series of questions that can be used to resolve most issues involving the application of the rule. The Uniform Commercial Code enactment of the rule is examined in detail.
This lesson deals with the dissociation of partners under the Revised Uniform Partnership Act (RUPA). It discusses the events that result in dissociation under Section 601 of the RUPA, whether dissociation is wrongful or not, and touches on the consequences of wrongful dissociation.
This lesson discusses the causes of dissolution of partnerships and the Article 7 buyout right under the Revised Uniform Partnership Act (RUPA). It also discusses the liability of a dissociated partner for partnership obligations and the liability of the partnership for the post-dissociation actions of the partner.
This is an introduction to the sharing of profits and losses by partners in a general partnership. The lesson has three parts: (1) a general introduction to the default rules concerning how partners share profits and losses; (2) a discussion of partnership accounts; and (3) a discussion of the distribution rules applicable when a partnership is dissolved and its business is wound up.
This lesson covers the kinds of inventions that can be patented. The first section discusses how the Constitution and the federal Patent Act (specifically Section 101) define and limit those categories of innovations, including the open issues in that on-going debate. The second section offers a variety of problems ranging from the straight-forward to the more complex, permitting confirmation of understanding and practice in application.
This is a lesson for reviewing the emerging rights of the nonmarital child and the nonmarital father.
The topic of this podcast is the basic concepts related to payment systems. In particular, this podcast will introduce some of the payment systems, many of which you probably use regularly. At the conclusion of this podcast, you should be able to (1) identify some of the primary payment systems in the United States; and (2) identify some of the statutory and other rules governing these systems.
This podcast will introduce you to the protection afforded a holder in due course from defenses to payment arising from personal defenses. As holder in due course doctrine arises under Article 3 of the Uniform Commercial Code, this topic deals with instruments, typically paper checks and promissory notes. Importantly, holders in due course doctrine, especially the benefits, are tested by a number of states on the bar examination. This podcast primarily addresses defenses set forth in § 3-305, which you should read carefully.
This podcast discusses the real defenses that can be asserted by an obligor against a holder in due course seeking payment on an instrument. As holder in due course doctrine arises under Article 3 of the Uniform Commercial Code, this topic deals with instruments, typically paper checks and promissory notes. Importantly, holders in due course doctrine, especially its benefits and limitations, are tested by a number of states on the bar examination. This podcast primarily addresses defenses set forth in § 3-305, which you should read carefully.
The topic of this podcast is to introduce the basic attributes of credit cards and how the payment system handles error and fraud. At the conclusion of this podcast, you should be able to (1) identify the primary parties associated with credit card transactions; and (2) identify the applicable legal rules and the defenses of unauthorized charges, billing errors, and contractual defenses.
The topic of this podcast is to introduce the basic attributes of debit cards and how the payment system handles error and fraud. Debit cards are governed by the rules of the federal government’s Consumer Financial Protection Bureau (CFPB) contained in Regulation E. This podcast discusses Regulation E, including issuance of debit cards, disclosures, liability for unauthorized transactions, and even overdraft protection.
The topic of this podcast is the relationship between the liability that parties have on an underlying contractual obligation and an instrument that is taken as payment for the same obligation, including using an instrument to achieve an accord and satisfaction as to a contractual dispute. For example, an individual enters into a contract for a large item such as a car and takes out a loan for payment, signing a promissory note.
This podcast addresses three situations where employers have responsibility for employee fraud related to instruments: (1) where there is a fraudulent indorsement on an instrument either sent to the employer or issued by the employer; (2) where the employee has fraudulently caused the issuance of instruments by the employer; and (3) where the employer has been negligent. This topic also deals with instruments, typically paper checks and promissory notes.
The topic of this podcast is: (1) when a person that takes an instrument from a fiduciary has notice of the breach of fiduciary duty; and (2) when a representative is bound individually on an instrument. This podcast covers the rules of §§ 3-307 and 3-402. These topics are often covered on exam questions.
The topic of this podcast is to address the liability that arises when there is a fraudulent signature on an instrument, as well as the effect of alterations and negligence. These rules are covered in Article 3 of the Uniform Commercial Code, which is tested in a number of states on the bar exam.
The topic of this podcast is who a holder is, how someone becomes a holder, and why it is important. This topic deals with instruments, typically paper checks and promissory notes. While we might not use instruments frequently, checks and promissory notes are still used in many transactions, particularly larger ones. Moreover, financial fraud remains a problem for attorneys who might be the victim of it themselves or need to counsel clients with respect to enforcement of an instrument.
The topic of this podcast is who has responsibility for losses involving imposters and fictitious payees. This topic deals with instruments, typically paper checks and promissory notes. Most individuals don’t use paper checks very often, but checks and promissory notes are still used in many transactions, particularly larger ones. Moreover, financial fraud remains a problem. Not only is this a practice issue, but imposters and fictitious payees are covered in Article 3 of the Uniform Commercial Code, which is tested by a number of states on the bar examination.
The topic of this podcast is when a party that has suffered a loss can shift the loss to another party who indorsed the instrument or who either transferred or presented an instrument for payment. This is important because oftentimes an examination question will simply ask who is liable, which often involves analysis of whether a liable party can shift liability to others. This podcast primarily covers the rules of §§ 3-415 - 3-417.
The topic of this podcast explains what an indorsement is, the different types of indorsements and why they can be important. Indorsements are covered in Article 3 of the Uniform Commercial Code, which is tested by a number of states on the bar examination. At the conclusion of this podcast, you should be able to (1) identify the different types of indorsements and describe how to use them; and (2) explain the reason why indorsements are important.
The topic of this podcast is the obligations and rights of accommodation parties and accommodated parties under Article 3 of the Uniform Commercial Code (U.C.C.), including issues that arise with respect to the settlement of the obligation of the primary obligor. Guarantee transactions present themselves frequently in practice and, because issues can arise under Article 3, the issue sometimes comes up on the bar examination in terms of liability. The primary code provisions covered in this podcast are §§ 3-419 and 3-605. Important terminology will also be discussed.
This podcast discusses the basics of who is liable on a negotiable instrument and to whom. Why is this important? Oftentimes an examination question will simply ask who’s liable. It is important to use the correct legal terminology when describing responsible parties and claims and to organize claims either by responsible party or the party making the claim. In this podcast we will look at responsibility of drawers, makers, drawee banks, depository banks, indorsers, transferees and presenters.
The topic of this podcast is the different basic vocabulary and parties you may see when considering a negotiable instrument under Article 3 of the Uniform Commercial Code. Article 3 is tested on a number of bar examinations. It is always important to correctly identify the transaction and its parties when considering an instrument. An understanding of the basic vocabulary and parties will help you not only use the correct terminology, but also to understand the role of the parties.
The topic of this podcast is the basics of who can bring which claims on a negotiable instrument and against whom. This is important because oftentimes an examination question will simply ask who is liable. But in practice and sometimes on an examination you will have to answer as to the right of recovery of a specific party. You might also need to discuss which parties will ultimately get stuck with the loss. This podcast will look at claims that might be made by a drawer, maker, drawee bank (sometimes called a payor bank), depositary bank, transferee, and payee.
This podcast asks who has the right to enforce a negotiable instrument. The podcast will also discuss enforcement of lost, destroyed, or stolen instruments. Correct terminology is important and this podcast covers terms such as holder, negotiation, person entitled to enforce (PETE), presentment, and dishonor.
The topic of this podcast is who is a holder in due course, how someone becomes a holder in due course, and why it’s important. This podcast will explain the distinction between the process of becoming a holder and a holder in due course. Like other podcasts in the Payment Systems series, this one also deals with instruments, typically paper checks and promissory notes. While we might not use instruments frequently, checks and promissory notes are still used in many transactions, particularly larger ones.
This lesson provides both a theoretical and practical overview of the piercing the corporate veil doctrine and related theories for imposing the obligations of corporations on other legal actors such as shareholders or related corporate entities.
In this lesson, you will review both the theory and the application of the plain view doctrine.
This lesson examines the so-called "plain view" exception to the warrant requirement. Even though the Fourth Amendment contains a warrant requirement, the United States Supreme Court has recognized numerous exceptions to that requirement, including the plain view exception. This lesson is intended for students who have studied this issue in class and wish to refine their knowledge.
These two exercises are offered to familiarize students with what prosecuting and defense attorneys do from the time an investigation begins until trial preparation and why they do it. Special attention is given to correspondence, pleadings, and the guilty plea. The framework for both exercises is federal practice.
This lesson examines the public policy objectives driving and defining United States patent law. The first section explores the nature and logic of the regime's generally accepted core purpose - providing optimum incentives to invest in useful arts innovation. The next section discusses how that goal generates the basic doctrinal requirements for patentability (novelty, nonobviousness, utility, enablement/disclosure - patentable subject matter is covered separately in lessons on Patentable Subject Matter and Non-Obviousness). The lesson's final section concludes with a brief look at how other normative views of property entitlements affect patent public policy debate as well as client expectations.
This lesson is a companion tutorial to the CALI lesson "Recovery of Attorney's Fees." This lesson reviews the policy debate over the American Rule vs. the English Rule. In this lesson, you can judge a debate regarding which approach to attorney's fees rules is better policy.
This lesson addresses the creation and exercise of a power of appointment. The lesson discusses the different parties involved in the creation of a power of appointment. The lesson includes a variety of problems designed to test the student's understanding of the rules governing the power of appointment.
This lesson presents an introduction to the doctrine that the performance of a pre-existing duty, or a promise to perform such a duty, does not constitute a sufficient consideration to make a promise binding. Through questions based on a series of hypothetical cases, underlying reasons for the doctrine are considered, as well as its ramifications in various contexts. Coverage includes: the performance of duties owed to the promise or third parties as consideration; modifications on one side of executory contracts; substituted contracts following rescission; executory accords; satisfaction; liquidated claims and offers to settle unliquidated claims.
These two exercises are offered to familiarize students with what prosecuting and defense attorneys do from the time an investigation begins until trial preparation and why they do it. Special attention is given to correspondence, pleadings, and the guilty plea. The framework for both exercises is federal practice.
Articles II through X of the Federal Rules set out substantive evidentiary tests and standards. However, a student's understanding of those tests and standards is incomplete unless the student appreciates the procedural framework within which those provisions operate. Federal Rules 104(a) and 104(b) are the fulcrum of that framework. Those subdivisions codify the distinction between competence and conditional relevance issues.
This lesson deals with the requirements for preliminary injunctive relief, and includes both temporary injunctions and temporary restraining orders. It is designed for students who have already studied this material in class, and desire to refine their understanding of the matter by applying it in various contexts.
This lesson explores premarital agreements, also known as antenuptial or prenuptial agreements. This lesson assumes you already have a basic understanding of premarital agreements.
This lesson focuses on the presidential power to appoint executive branch officials. It focuses on the scope of the presidential power, congressionally imposed limits on that power, and potential infringements of the power by Congress and the judiciary. This lesson is intended for students who have studied these issues in class, and who wish to further refine their knowledge.
This lesson is an introduction to the principles governing copyright infringement. After completing this lesson, you will be familiar with the standard used to determine liability for copyright infringement. Specifically, the lesson will introduce the elements necessary to support a claim of copyright infringement, which include assessments of copying, access, probative resemblance, striking similarity, improper appropriation, and substantial similarity.
The topic of this podcast is which party will prevail in a competition for collateral as between buyers of the collateral and secured parties. While secured parties might expect to prevail with respect to their collateral most of the time, buyers of goods also have expectations that are protected with respect to their purchases. The rules of Article 9 balance expectations so that buyers get good title to what they buy and have protection from pre-existing security interests in some circumstances. These rules are commonly tested on law school and bar examinations.
The purpose of this lesson is to guide students who are not experienced in researching private international law. After providing some background on the definition and sources of private international law, this lesson will suggest the initial and follow-up steps that a researcher of a typical issue related to private international law generally should take.
The requirement of "probable cause" is an integral part of the Fourth Amendment. The Amendment specifically provides that a warrant may not issue except on probable cause. In addition, some exceptions to the warrant requirement necessitate a finding of probable cause. This lesson examines the concept of probable cause under the Fourth Amendment. This lesson is intended for students who have studied the concept of probable cause in class and wish to refine their knowledge and understanding.
This lesson reviews the concept of probable cause as defined and applied by the United States Supreme Court.
This tutorial will provide an overview of the regulation of commercial dog breeders pursuant to the Animal Welfare Act. This lesson is a beginner level tutorial.
This is the first of two advanced lessons on real estate purchase options. In so doing, the lesson covers their contract nature of options and their uses.
This is the second of two lessons about real estate purchase options. This lesson explains the problems in using purchase options that arise when the subject of the option is real estate.
This lesson provides an introduction to the doctrine of ratification. The lesson will cover what ratification is, why the doctrine developed, what acts can be ratified, who can ratify, how ratification occurs, and what are the legal effects of ratification. The lesson will also introduce you (or reintroduce you) to the related doctrine of adoption.
This is an overview of the ways in which wastes become designated as "hazardous wastes" under the federal Resource Conservation and Recovery Act (RCRA), emphasizing the EPA's regulations governing RCRA hazardous wastes. Students should complete the CALI lesson on RCRA "Solid Wastes" before completing this lesson.
This short lesson explores the definition of "solid waste" for RCRA purposes. The lesson does not require any prior knowledge of RCRA, but it can also serve as a review of RCRA's primary trigger after that topic has been covered in an Environmental Law or Hazardous Waste course.
Professors Brown and Grohman, authors of several CALI lessons on covenants, give students a framework to approach studying the material and offer real-life applications of the doctrines. They also discuss the interrelatedness of the law and explain why it's an artificial distinction (and one that complicates learning) to study property issues separate from civil procedure issues, for example.
This lesson will introduce you to real estate brokers and familiarize you with: 1) the traditional relationship between real estate brokers and the parties to real estate transactions; 2) the duties that arise from that relationship; and 3) the effects of the breach of that duty.
This lesson is designed to introduce students to the methods by which real estate brokers are compensated. Before beginning this lesson, you should complete Real Estate Brokerage Relationships.
Expense is a significant factor in any litigation. In deciding whether a judicial remedy is worth pursuing, parties must consider the cost of obtaining that remedy. The "American Rule" provides that parties to a lawsuit ordinarily pay their own attorney's fees, unless a statute or contract provides that fees can be shifted to the opponent. As it is fundamental to the litigation landscape, you may have touched on this doctrine in a number of your law school classes.
The purpose of this lesson is to supplement your study of money damage recoveries permitted by The Lanham Act. Damage awards for trademark infringement may receive coverage in either your Remedies course or in your Trademark or Intellectual Property courses. This lesson will serve to introduce, review, and refine the principles you have studied in these respective courses to assist you in determining when damage awards for trademark infringement will be allowed.
This lesson will give you some background about Regional Organizations, collections of countries, organized by region, engaged in collaborative work toward some common goal. You will learn to find the documents of some of the most important Regional Organizations on the web.
This lesson deals with the basics of trademark registration under Section 44 of the Lanham Act. It includes discussions of eligibility under this provision, the value of foreign registrations, issues of priority, and the necessity for use prior to and after registration. It can be used either to learn the subject or for review, but does presume general knowledge of the bases for registration under Section 1 of the Lanham Act.
This is the first of two of lessons about section 5 of the Securities Act of 1933, the process for registering securities.
This is the second and final of a series of lessons about the registration process of section 5 of the Securities Act of 1933.
This lesson will introduce you to the categories of sources of air pollution that the Clean Air Act regulates, including stationary sources, mobile sources, and indirect sources. You will learn about the statutory definitions for each of these sources and how to distinguish among these sources.
This lesson is an introduction to Rule 504 of Regulation D, an exemption from the registration requirement of the Securities Act of 1933. Before taking this lesson, students should have a basic understanding of the Securities Act of 1933 and its registration requirement.
This lesson is an introduction to the Rule 506(b) and 506(c) exemptions in Regulation D. Each of these exemptions exempts offerings from the registration requirements of the Securities Act of 1933.
Before taking this lesson, students should have a basic understanding of the Securities Act of 1933 and its registration requirement.
This lesson introduces students to one of the constitutional issues that can arise as a result of environmental and natural resources regulation: regulatory takings under the Fifth Amendment to the U.S. Constitution. It begins by giving students an overview of regulatory taking claims, their distinction from physical takings of private property, and some of the rules that apply in evaluating whether a regulatory taking has occurred.
This lesson was written as a review of the material covered in Chapter 11 of the CALI e-book Wetlands Law: A Course Source. The lesson reviews the regulatory takings challenges that may be raised when a wetlands permit is denied or the government imposes conditions on the permit.
This lesson is designed to help the student determine the scope of protection given to a trademark. It is designed to supplement material that has been covered in the trademark law course. The determination of the scope of a mark's protection is helpful in the initial selection of a trademark, the trademark registration process, and the enforcement of the trademark. The student will review the concept of related goods by investigating the scope of trademark protection in several scenarios. Students should be familiar with how to select a trademark, register a trademark, and apply the likelihood of confusion test.
This lesson is an introduction to the Rule 144 safe harbor exemption for resales of securities. It discusses the basic conditions under which both affiliates and non-affiliates may resell securities without Securities Act registration. Before working through this lesson, students should have a basic understanding of the registration requirement of the Securities Act of 1933 and the restrictions in section 5 of that Act. The lesson provides links to the relevant regulatory provisions, but you might find it helpful to have your own copy of Rule 144.
This lesson will teach students how to research and efficiently locate rules and regulations promulgated by federal administrative agencies. The lesson addresses the official sources of federal administrative regulations: the Federal Register, the Code of Federal Regulations, and their related materials.
When defendant has been unjustly enriched at plaintiff's expense, plaintiff is entitled to seek restitution. Among the rules and principles that qualify a plaintiff's right to seek restitution is the notion that a "volunteer" is not entitled to seek restitution. In this lesson, we explore the concept of "volunteer" in an effort to determine who should be regarded as a volunteer and who should not. The lesson is intended for those who have studied these issues in class and wish to further refine their knowledge.
The action for restitution allows recovery in a variety of contexts when the defendant would be "unjustly enriched" if he/she were not required to pay restitution. One of those contexts is the situation in which one person acts on behalf of another in the case of an emergency situation requiring immediate action. In this lesson, we explore the parameters of an individual's right to recover restitution for providing aid to another in an emergency situation. Of course, as an inevitable incident of this discussion, we will explore situations when recovery should be denied. This lesson is intended for students who have studied these issues in class and wish to further refine their knowledge.
A right to restitution arises when one person is "unjustly enriched" at the expense of another. One context in which restitution is sometimes sought is when payments are made under a "mistake of fact." The situations and contexts in which mistake of fact arise are quite varied. In this lesson, we examine some of the situations and contexts, and extract general principles regarding the right to restitution for mistaken payments. This lesson is intended for students who have studied these issues in class and who wish to further refine their knowledge.
This lesson is intended for students who have studied restitution in class, and who wish to expand and refine their knowledge of the topic. The lesson deals with the basics of restitution (what constitutes "unjust enrichment"), and how is it measured. Little attempt is made to deal with more sophisticated aspects of restitution such as tracing, equitable liens, constructive trusts, etc.
This lesson is intended to provide students with an introduction to the right to counsel at trial. It covers such issues as the right of indigents to state-provided representation, as well as the rights of non-indigents. Issues such as the right to proceed pro se and the right to the "effective" assistance of counsel will be covered in other lessons.
This lesson examines the Seventh Amendment to the United States Constitution, and its provision for a right to trial by jury in civil cases. The lesson examines the right from a historical perspective, as well as in terms of its modern applications. It also examines related doctrines such as the "equitable cleanup" doctrine. This lesson is intended for students who have studied these issues in class and wish to refine their knowledge of this right.
This lesson explores some of the basic issues surrounding one of our most basic constitutional rights, the right to a trial by jury. The lesson explores the issues of what constitutes a "criminal prosecution" requiring a jury trial, as well as the issues of size and unanimity requirements for a "jury" to pass constitutional muster.
This lesson explores a copyright holder's right to control the performance and display of the related work of authorship.
This lesson introduces students to the concepts of ripeness and mootness. This lesson is geared to students who have studied these concepts in class (perhaps some time ago in their constitutional law classes) and wish to delve into the subject more deeply.
This lesson takes a look at the treatment of damaged and destroyed goods and how the U.C.C. allocates the risk of loss for such occurrences. Since casualties to goods do occur, there must be a mechanism for determining which party will suffer the loss. The party which will suffer the loss is said to bear the risk of loss of the goods. This lesson sets out the basic rules for determining which party bears the risk of loss in sales transactions in cases where there is no breach (UCC 2-509) and examines the effect of breach on the allocation of risk (UCC 2-510).
This lesson provides an overview of the central role of "use" in United States trademark law. It examines how the policy justifications driving trademark law (1) justify generally requiring use to obtain and maintain trademark rights and related infringement considerations and (2) define sufficient use for those trademark law purposes. It also addresses and explains the few specific exceptions to the use requirement. The lesson assumes a basic knowledge of trademark policy, the distinctiveness classification system and infringement.
This lesson is an introduction to Securities Act Rule 701, which exempts offers and sales of securities pursuant to compensatory benefit plans. It discusses the conditions which an issuer is required to meet to avoid registering such an offering.
This lesson was removed at the end of 2013. It is outdated but is currently being revised. CALI
This lesson was written as a review of the material covered in Chapter 1 of the CALI e-book, Wetlands Law: A Course Source. The lesson reviews some basic wetlands science, including the values and functions of wetlands, types of wetlands, and wetland delineation methodology.
This lesson provides the basic framework for the search incident to arrest exception to the warrant and probable cause requirements the U.S. Supreme Court set forth in Chimel v. California in 1969.
This lesson, part one of three lessons on searches and seizures with a warrant, addresses issuance of warrants. This involves basic principles about search and arrest warrants, who can issue them, the "preference" for warrants, and concepts of probable cause, particularity and nexus. The second lesson concerning warrants, "Searches and Seizures with a Warrant: Issuance of the Warrant 2" includes a detailed example of an application for a search warrant and the search warrant issued based on this application. These provide opportunities to identify potential shortcomings in both documents.
This lesson, part two of three lessons on searches and seizures with a warrant, addresses application of the rules for issuance of warrants. A first lesson, "Searches and Seizures with a Warrant: Issuance of the Warrant 1," involves basic principles about warrants, who can issue them, the "preference" for warrants, and concepts of probable cause, particularity and nexus. This lesson includes a detailed example of an application for a search warrant and the search warrant issued based on this application. These provide opportunities to identify potential shortcomings in both documents.
This third lesson in a three lesson set on warrants addresses execution of warrants. Two separate lessons, "Searches and Seizures with Warrants: Issuance of the Warrant 1" and "Searches and Seizures with Warrants: Issuance of the Warrant 2," cover the rules for issuing warrants and the use of these rules with an application for a search warrant and a search warrant. This third lesson treats what happens when police obtain a warrant. It examines the knock & announce requirement, the proper time and method of entry, and the property subject to search under a search warrant.
This lesson is one of two lessons on section 11 of the Securities Act of 1933, which imposes liability for false or misleading registration statements. This lesson focuses on the basic requirements of a section 11 action; the other lesson discusses the defenses to liability in section 11(b). You should take this lesson first.
A basic understanding of registered securities offerings is helpful, but not essential, to understand this lesson.
This is one of two lessons on section 11 of the Securities Act of 1933, which imposes liability for false or misleading registration statements. This lesson discusses the defenses to liability in section 11(b); the other lesson focuses on the basic requirements of a section 11 action. You should take the other lesson before beginning this lesson.
A basic understanding of registered securities offerings is helpful, but not essential, to understand this lesson.
This lesson discusses sections 16(a) and 16(b) of the Securities Exchange Act of 1934. It begins with a discussion of the section 16(a) reporting requirement: who must file, what they must file, and when. It then proceeds with an element-by-element discussion of liability under section 16(b) for short-swing trading profits, including a brief introduction to the complexities introduced by derivative securities. It concludes with a discussion of enforcement issues: standing, limitations, and the right to attorneys' fees.
This lesson was written as a review of the material covered in Part 2 of Chapter 6 of the CALI e-book, Wetlands Law: A Course Source. The lesson reviews the procedures for the issuance of individual Section 404 permits and the application of the Clean Water Act section 404(b)(1) guidelines.
This podcast explains the use of after-acquired property clauses and future advances given by secured creditors. This topic primarily requires a careful reading of UCC § 9-204 and a basic understanding of how a secured party attaches its security interest in the first place.
The topic of this podcast is some of the basic concepts of bankruptcy, as well as the automatic stay, and some ways you might find to get around it. While most courses on secured transactions focus on U.C.C. Article 9, which is state law, sometimes you will find that a debtor declares bankruptcy. In the event that there is a bankruptcy, the secured creditor will have to know what actions it can and which it can’t take. Recall that while Article 9 is part of state law, bankruptcy law is part of federal statutory law.
This podcast discusses the nature of security interests, as well as some of the basic vocabulary that you will need to understand the concepts, using the rules set forth in the Uniform Commercial Code Article 9. The rules of Article 9 are state statutory law. The primary terms of art associated with security interests are generally defined in either 1-201 or 9-102, though some definitions are contained elsewhere. This podcast primarily focuses on security interests created under Article 9.
This podcast explains how a secured creditor decides what debtor name it should use on a financing statement when perfecting its security interest. This topic primarily requires a careful reading of UCC § 9-503, § 9-506, and a basic understanding of how a secured party attaches its security interest in the first place. At the conclusion of this podcast you should be able to (1) identify the correct name to use for a debtor on a financing statement; and (2) describe when a secured creditor might want to make multiple filings.
This podcast discusses how a secured creditor can perfect a security interest in goods that are or might become fixtures in order to prevail against UCC or real estate claimants of the same collateral. This topic primarily requires a careful reading of UCC § 9-334 and an understanding of what is a fixture. At the conclusion of the podcast you should be able to (1) describe what a fixture is; (2) describe how a secured creditor might go about perfecting a security interest in a fixture; and (3) describe some of the priority rules related to fixtures.
The topic of this podcast is how a secured creditor goes about maintaining a perfected security interest in order to prevail against others who might claim the same collateral. This topic primarily requires a careful reading of UCC §§ 9-513 and 9-515 and a basic understanding of how a secured party attaches and perfects its security interest in the first place. The basic concepts associated with this podcast are: priority, perfection, lapse, termination, and continuation.
This podcast discusses how a secured creditor goes about perfecting its security interest in order to prevail against others who might claim the same collateral. This topic primarily requires a careful reading of UCC § 9-310 and a basic understanding of how a secured party attaches its security interest in the first place, under § 9-203. Concepts covered include Form-1 and Financing Statement.
This podcast explains how a secured creditor that does not file a financing statement goes about perfecting its security interest in order to prevail against others who might claim the same collateral, and includes tips about the type of questions that might appear in the bar exam. This topic primarily requires a careful reading of UCC § 9-309 through § 9-314 and a basic understanding of how a secured party attaches its security interest in the first place.
The topic of this podcast is which party will prevail in a competition for collateral as between sellers or lenders having a purchase money security interest (“PMSI”) and other creditors with a security interest in the debtor’s assets. While secured parties might expect to prevail with respect to their collateral most of the time, those sellers and lenders that have a purchase money security interest also have expectations. This podcast will examine the nature of a PMSI and the rules that come into play to determine which creditor has priority under § 9-324.
The topic of this podcast is which party will prevail in a competition for collateral as between sellers and the creditor with a security interest in the debtor’s assets. While secured parties might expect to prevail with respect to their collateral most of the time, sellers of goods to a debtor who have not been paid for the goods also have expectations.
This podcast discusses the transformation of collateral subject to a security interest, in particular whether a security interest exists in proceeds, products, offspring, accessions, and the like. This topic primarily requires a careful reading of UCC § 9-315 and a basic understanding of how a secured party attaches its security interest in the first place.
The topic of this podcast is the nature of foreclosure of a security interest and, in particular, the right of a secured creditor to obtain possession of collateral after default. Like in many areas of the law a thorough understanding of secured transactions requires you to use the correct vocabulary relevant to the topic. Here we are using the rules set forth in the Uniform Commercial Code Article 9, though some of the basic concepts obtain their meaning from other law.
The topic of this podcast is to summarize and evaluate the nature of security interests covered by Article 9. It will also cover transactions that are within the scope of UCC Article 9 even though the parties may not have intended to create a security interest. The primary code section associated with this inquiry is 9-109. This podcast primarily focuses on security interests created under Article 9, with tips for the type of question often asked on bar exams.
This podcast evaluates when a transaction described as a “lease” will be considered a sale with a retention of a security interest and covered by Article 9. In particular, it will describe the situations that suggest that a lease is a true lease and those in which the lease is actually a disguised sale. The primary UCC provision associated with this inquiry is § 1-203, which contains the general rules of the road with respect to disguised leases.
This lesson explores non-capital, criminal sentencing with a particular focus on the constitutional criminal procedural issues.
This lesson explores the concept of service marks, and the similarities and differences between service marks and trademarks.
This lesson assumes that you have already acquired a basic familiarity with the rules that apply to marks that are used on or in connection with the offering of goods. Specifically, you should be familiar with the types of subject matter that may qualify as marks, the spectrum of distinctiveness, and the standard for determining whether a mark has been used in trade (or, for protection under the Lanham Act, in interstate commerce).
This lesson is a comprehensive discussion of shareholder agreements under section 7.32 of the Revised Model Business Corporation Act (RMBCA).
Under corporate law, shareholders dissatisfied with certain extraordinary transactions, such as corporate mergers, may dissent from those transactions and require the corporation to purchase the dissenters' shares for their fair value. This lesson discusses those rights, known as dissenter's or appraisal rights. The lesson covers both Delaware law and the Model Business Corporation Act and discusses what appraisal rights are, when those rights are available to shareholders, and the procedures for enforcing appraisal rights. It does not get into the difficult questions involved in actually valuing corporate shares, and it does not discuss procedural issues that arise in appraisal litigation.
This lesson examines when a shareholder's lawsuit against a corporation is derivative and when it is direct. It also examines why this distinction is important. Then, using the provisions of the Revised Model Business Corporation Act (RMBCA), this lesson examines the procedural requirements for bringing a derivative action.
This lesson examines shareholder inspection rights under RMBCA Chapter 16. In particular, it examines which documents a shareholder may inspect and the requirements for a shareholder to inspect. This lesson is a good opportunity to practice your statutory reading and interpretation skills.
This lesson discusses shareholder voting rights when fundamental changes are made to their corporation--mergers, consolidations, compulsory share exchanges, sales of assets, dissolution, and amendments to the articles of incorporation. It also discusses other procedural requirements related to such transactions.
This lesson discusses cumulative voting and how it differs from straight voting. It describes the mechanics of cumulative voting—how many votes each shareholder gets, how those votes may be cast, and how the result is determined. It also illustrates how cumulative voting can go awry if shareholders are not careful. Finally, it discusses several possible ways that a majority shareholder dissatisfied with cumulative voting may try to circumvent it.
Attorneys must conform their conduct to a wide range of rules drawn from a variety of sources. This program is designed to review these sources of law governing attorney conduct.
This lesson has been temporaily removed for revisions. Thank you for your patience. CALI
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.
This lesson was written as a review of the material covered in Chapter 9 of the CALI e-book Wetlands Law: A Course Source. The lesson reviews the federal/state relationship in wetlands regulation under the Clean Water Act, with a focus on state programs, state programmatic general permits, state assumption of the Section 404 permitting program and the use of the Clean Water Act Section 401 certification program as a tool to protect wetlands.
This lesson introduces the student to the doctrine and processes involved in interpreting state and federal statutes. Statutes are a critical part of every substantive area of the law, so this is important background for every student, legal professional, lawyer and judge.
This lesson reviews the reasoning and holding of the landmark case of Terry v. Ohio, 392 U.S. 1 (1968) and explores the broader issues relating to investigative detentions and limited searches spawned by the Terry decision.
This lesson examines the "stop and frisk" exception to the warrant requirement.
This lesson addresses the First Amendment protections for student speech in public elementary and secondary schools. You willl learn about the legal standards from United States Supreme Court cases that apply to different types of student speech, and how lower courts have interpreted these standards. You will then apply these standards to factual scenarios in multiple choice and essay type questions. This lesson includes the standards that apply to off-campus and online speech.
This lesson explores how the theory of substantive due process can be applied in the context of breed-discriminatory legislation (BDL), whether BDL is rationally related to public safety, and where science, the courts and governments presently come down on the matter.
This exercise provides a review of the liability scheme and defenses under CERCLA and briefly reviews the CERCLA cleanup process. The exercise begins when EPA discovers phenol contamination in drinking water wells of several residents of Springfield, Ames. Through a series of multiple choice questions, the student helps EPA choose a response action, identify potentially responsible parties, and decide which liable parties the agency should sue, for what damages, and under what authority.
This lesson covers the basics of both spousal and child support jurisdiction. It is intended as an introduction to the materials and it can also be used for review.
Students are placed in the role of judge and asked to rule on objections. The case is a civil action to recover damages for personal injuries sustained when an automobile driven by Plaintiff was involved in an intersection collision with an automobile driven by Defendant.
This lesson is a menu listing all the CALI tax lessons by Prof. James Edward Maule
This lesson will guide the user through a series of questions and answers to illustrate the basics of gross income and realization concepts. The lesson reviews your understanding of Internal Revenue Code section 61, among others.
This lesson will introduce users to regulations concerning employment connected payments, including fringe benefits, meals and lodging, unemployment compensation and Social Security benefits. The questions cover Internal Revenue Code section 132 and others.
This lesson will guide students in the proper calculations concerning the taxation of annuities and life insurance payments. Questions cover Internal Revenue Code section 72 and other related sections.
This lesson will introduce users to the procedure to account for medical expenses, accidents, and proper deductions for medical insurance. Questions cover Internal Revenue Code sections 104, 105, and 106.
This lesson will guide students through the claim of right doctrine and tips for avoiding common mistakes in claiming income, payments, and repayments.
This lesson will provide users with scenarios in applying regulations concerning the exclusion of gifts, prizes, and related income from gross income calculations. Questions review Internal Revenue Code section 102.
This lesson will guide users to understand those expenses that qualify under the designation of a scholarship, and regulations concerning exclusions, prizes, and other income for students. Questions review your understanding of Internal Revenue Code section 117.
This lesson guides students through the calculation of income tax from indirect transfers of service and other forms of compensation.
This lesson will cover the exemptions provided in Section 135 of the Tax Code, specifically the exclusion of interest on certain United States Savings Bonds used to pay higher education tuition and fees.
This lesson will focus on Section 83(a)-(b) of the Internal Revenue Code, property transferred in connection with the performance of services, with practice questions.
This lesson will guide users through the types of expenses that can be deducted as business or trade costs, including cost of repairs versus capital expenditures.
This lesson will demonstrate the ways in which taxes paid may be deducted under Section 164 of the Tax Code and related regulations.
This lesson will cover business deductions, such as reasonable compensation, parachute payments, miscellaneous deductions,and business losses. Several Internal Revenue Code sections are reviewed, including 162 and 274.
This lesson will introduce users to the ways in which deductions can be taken for interest payments. Questions cover Internal Revenue Code section 163.
This lesson introduces the reader to the regulations concerning deductions for business travel expenses, including Internal Revenue Code section 162.
This lesson guides users through the effects of below market loans on calculating income and/or deductions. Questions consider the application of Internal Revenue Code § 7872.
This lesson explores those costs that qualify as § 162 education expenses.
This lesson will review how costs can be deducted for insurance compensations for casualty losses and accidents. Questions cover IRS Code section 165 and its regulations.
This lesson will discuss the models by which property depreciation is calculated, and the rules which govern the calculations, including Internal Revenue Code section 168.
This lesson will cover the regulations and tests that determine the types of moving costs that can be deducted under IRS Code section 217.
This lesson is best used after studying Basic Federal Income Taxation: Deductions. The lesson provides 12 questions to allow you to refine your ability to apply the Code and Regs. to a variety of situations related to income-producing activities under section 212.
This lesson is best used after studying deductions for medical expenses under Code section 213 to basic Federal income taxation in class. The lesson allows you to work through problems so that you can refine your ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying Basic Federal Income Taxation, deductions for charitable contributions to a section 501(c)(3) organization, in class. The lesson provides problem sets to work through to allow you to refine your ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying Federal Income Taxation: Deductions, in class. The lesson includes problem sets to work through to refine your ability to apply the Code and Regs. to a variety of situations involving general applicability of deduction limitations under section 183.
This lesson is best used after studying Federal Income Taxation: Taxable Income and Tax Computation, in class. The lesson includes problem sets to work through, allowing you to apply the Code and Regs. to a variety of situations involving personal and dependency exemptions, under Internal Revenue Code sections 151 and 152.
For the taxable years 2018 through 2025, Code § 151(d)(5) has reduced all personal and dependency exemptions to zero.
Therefore, until 2026, the following lesson is for historical information and does not reflect current law's disallowance of personal and dependency exemptions. Other Code sections do, however, still rely on the definition of dependent found in § 152 - for example, § 32 (earned income tax credit) and § 213 (deduction for medical expenses).
This lesson is best used after studying Federal Income Taxation: Taxable Income and Tax Computation, in class. The lesson includes problem sets to work through, allowing you to apply the Code and Regs. to a variety of situations involving the claim of right mitigation doctrine under section 1341.
This lesson is best used after studying Federal Income Taxation: Taxable Income and Tax Computation, in class. The lesson includes problem sets to work through, allowing you to apply the Code and Regs. to a variety of situations involving filing status.
This lesson is best used after studying Federal Income Taxation: Taxable Income and Tax Computation, in class. The lesson includes problem sets to work through, allowing you to apply the Code and Regs. to a variety of situations involving the taxation of minor children's income under section 1(g).
This lesson is best used after studying Federal Income Taxation: Taxable Income and Tax Computation, in class. The lesson includes problem sets to work through, allowing you to apply the Code and Regs. to a variety of situations involving dependent care credit under Internal Revenue Code section 21.
This lesson is best used after studying Federal Income Taxation: Property Transactions, in class. The lesson includes problem sets to work through, allowing you to apply the Code and Regs. to a variety of situations involving the computation of gain and loss realized under Internal Revenue Code §§ 1001, 1011-1016.
This lesson is best used after studying Federal Income Taxation: Property Transactions, in class. The lesson includes problem sets to work through, allowing you to apply the Code and Regs. to a variety of situations involving capital gain and capital loss mechanics.
This lesson is best used after studying Federal Income Taxation: Property Transaction, in class. The lesson includes problem sets to work through, allowing you to apply the Code and Regs. to a variety of situations involving exclusion of gain on the sale of a principal residence, under IRS Code section 121.
This lesson is best used after studying Federal Income Taxation: Property Transactions, in class. The lesson includes problem sets to work through, allowing you to apply the Code to a variety of situations involving identifying Internal Revenue Code section 1231 property.
This lesson is best used after studying Federal Income Taxation: Property Transactions, in class. The lesson includes problem sets to work through, allowing you to apply Internal Revenue Code section 1221(a).
This lesson is best used after studying Federal Income Taxation: Property Transactions, in class. The lesson includes problem sets to work through, allowing you to apply the Code and Regs. to a variety of situations involving Internal Revenue Code section 1231 mechanics.
This lesson is best used after studying Federal Income Taxation: Property Transactions, in class. The lesson includes problem sets to work through, allowing you to apply the Code and Regs. to a variety of situations involving capital gain mechanics under Internal Revenue Code § 1222.
This lesson is best used after studying Federal Income Taxation: Cash and Accrual Methods of Accounting in class. The lesson includes problem sets to work through, allowing you to apply the Code and Regs. to a variety of situations involving accounting methods.
This lesson is best used after studying Federal Income Taxation: Fundamentals of Installment Sales in class. The lesson includes problem sets to work through, allowing you to apply section 453 of the Code and related Regs. to a variety of situations involving installment sales.
This lesson is best used after studying Federal Income Taxation: Basic Federal Income Taxation: Timing: Installment Sales: Second Dispositions by Related Parties and Contingent Payments in class. The lesson includes problem sets to work through, allowing you to apply sub-sections of section 453 of the Code and Regs. to a variety of situations involving certain types of installment sales.
This lesson is best used after studying Federal Income Taxation: Assignment of Income in class. The lesson includes problem sets to work through, allowing you to apply the Code and Regs. to a variety of situations involving assignment of income from property and the determination of whether income is included in an individual's gross income.
This lesson is best used after studying Federal Income Taxation: Assignment of Income, in class. The lesson includes problem sets to work through, allowing you to apply the Code, Regs., and case law, such as Comr. v. Giannini and Hendrick v. Comr., to a variety of situations involving the assignment of income from services.
This lesson is best used after studying Corporate Taxation in class. The lesson allows you to apply section 351 of the Internal Revenue Code and related Treasury Regs. to a variety of situations involving the basic issues of formation of C corporations.
This lesson is best used after studying Corporate Taxation in class. The lesson includes problem sets to work through, allowing you to apply the Code and Regs. to a variety of situations involving the formation of C corporations and the effect of liabilities. IRS Code sections 351, 357, 362 and others are analyzed.
This lesson is best used after studying Corporate Taxation in class. The lesson includes problem sets to work through, allowing you to apply IRS Code section 351 and Regs. to a variety of situations involving the advanced issues involved in the formation of C corporates.
This lesson is best used after studying Corporate Taxation: distributions of cash by C corporations, in class. The lesson includes problem sets to work through, allowing you to apply the section 316 of the Code and Regs. to a variety of situations involving C corporations' distributions of cash.
This lesson is best used after studying Corporate Taxation: Defining Section 306 stock, in class. The lesson includes problem sets to work through, allowing you to apply the Code and Regs. to a variety of situations involving defining section 306 stock.
This lesson is best used after studying Corporate Taxation: distributions of property by C corporations, in class. The lesson includes problem sets to work through, allowing you to apply section 301 of the Code and Regs. to a variety of situations involving property distributions by C corporations.
This lesson is best used after studying Corporate Taxation: Section 306 exceptions, in class. The lesson includes problem sets to work through, allowing you to apply the Code and Regs. to a variety of situations involving general applicability of these exceptions.
This lesson is best used after studying Corporate Taxation: Distributions of interests by C corporations, in class. The lesson includes problem sets to work through, allowing you to apply IRS Code section 305 and Regs. to a variety of situations involving general applicability of these distributions.
This lesson is best used after studying Corporate Taxation: Consequences on the Disposition of Section 306 Stock, in class. The lesson includes problem sets to work through, allowing you to apply the Code and Regs. to a variety of situations involving section 306 stock distributions.
This lesson is best used after studying Corporate Taxation in class. The lesson includes problem sets to work through, allowing you to apply the IRS Code section 312 and Regs. to a variety of situations involving the calculation of C corporation earnings and profits.
This lesson is best used after studying Corporate Taxation in class. The lesson includes problem sets to work through, allowing you to apply the Code and Regs. to a variety of situations involving consequences of redemptions under Section 302.
This lesson is best used after studying Corporate Taxation in class. The lesson includes problem sets to work through, allowing you to apply the IRS Code section 302(B)(4) and Regs. to a variety of situations involving redemptions in partial liquidation.
This lesson is best used after studying Corporate Taxation in class. The lesson includes problem sets to work through, concerning redemptions that are not equivalent to dividends under section 301(b)(1) and allowing you to apply the Code and Regs. to a variety of situations involving redemptions that are not equivalent to dividends.
This lesson is best used after studying Corporate Taxation in class. The lesson includes problem sets to work through concerning redemption through the use of related corporations under section 304, allowing you to apply the Code and Regs.
This lesson is best used after studying Corporate Taxation in class. The lesson includes problem sets to work through, allowing you to apply the Code and Regs. to a variety of situations involving substantially disproportionate redemptions under section 302(b)(2).
This lesson is best used after studying Corporate Taxation in class. The lesson includes problem sets to work through, allowing you to apply the Code and Regs. to a variety of situations involving constructive ownership of stock under IRS Code section 318.
This lesson is best used after studying Corporate Taxation in class. The lesson includes problem sets to work through, allowing you to apply section 302(B(3) of the Code and Regs. to a variety of situations involving general applicability of deduction limitations.
This lesson is best used after studying Corporate Taxation in class. The lesson includes problem sets to work through, allowing you to apply the Code and Regs. to a variety of situations involving corporate liquidations.
This lesson is best used after studying Corporate Taxation: Liquidations in class. The lesson provides problem sets to work through to allow you to refine your ability to apply the IRS Code section 336 and Regs. to distributions of property in complete liquidations.
This lesson is best used after studying Corporate Taxation: Liquidations in class. The lesson provides problem sets to work through to allow you to refine your ability to apply the IRS Code section 332 and Regs. to a variety of situations involving subsidiary liquidations.
This lesson is best used after studying Corporate Taxation: Reorganizations in class. The lesson provides problem sets to work through to allow you to refine your ability to apply the IRS Code section 368 and Regs. to a variety of situations involving the definition of a reorganization.
This lesson is best used after studying Corporate Taxation: Reorganizations in class. The lesson provides problem sets to work through to allow you to refine your ability to apply the Code and Regs. to a variety of situations involving the tax consequences of acquisitive D reorganizations. IRS Code sections 354, 356, 358 and 361 are examined.
This lesson is best used after studying Corporate Taxation: Reorganizations in class. The lesson provides problem sets to work through to allow you to refine your ability to apply IRS Code sections 354, 356, 358, and 361 and the related Regs. to a variety of situations involving tax consequences of A reorganizations.
This lesson is best used after studying Corporate Taxation: Reorganizations in class. The lesson provides problem sets to work through to allow you to refine your ability to apply the Code and Regs. to a variety of situations involving the tax consequences of divisive D reorganizations. The lesson's analysis centers on IRS code sections 356 and 358.
This lesson is best used after studying Corporate Taxation: Reorganizations in class. The lesson provides problem sets to work through to allow you to refine your ability to apply the Code and Regs. to a variety of situations involving the definition of B reorganizations under IRS Code section 368(a)(1).
This lesson is best used after studying Corporate Taxation: Reorganizations in class. The lesson provides problem sets to work through to allow you to refine your ability to apply the Code and Regs. to a variety of situations involving the definition of E reorganizations under IRS Code section 368.
This lesson is best used after studying Corporate Taxation: Reorganizations in class. The lesson provides problem sets to work through to allow you to refine your ability to apply the Code and Regs. to a variety of situations involving the tax consequences of B reorganizations. Specifically, the lesson includes application of IRS Code sections 354 and 358 to problems.
This lesson is best used after studying Corporate Taxation: Reorganizations in class. The lesson provides problem sets to work through to allow you to refine your ability to apply the Code and Regs. to a variety of situations involving the definition of F reorganizations under IRS Code section 368(a)(1)(F).
This lesson is best used after studying Corporate Taxation: Reorganizations in class. The lesson provides problem sets to work through to allow you to refine your ability to apply the Code and Regs. to a variety of situations involving the definition of C reorganizations under IRS Code section 368(a)(1)(C).
This lesson is best used after studying Corporate Taxation: Reorganizations in class. The lesson provides problem sets to work through to allow you to refine your ability to apply section 368(a)(1)(G) of the Code and Regs. to a variety of situations involving the definition of G reorganizations.
This lesson is best used after studying Corporate Taxation: Reorganizations in class. The lesson provides problem sets to work through to allow you to refine your ability to apply the Code and Regs. to a variety of situations involving the tax consequences of C reorganizations.
This lesson is best used after studying Corporate Taxation: Reorganizations in class. The lesson provides problem sets to work through to allow you to refine your ability to apply the Code and Regs. to a variety of situations concerning the definition of D reorganizations.
This lesson is best used after studying Taxation of Business Entitites in class. The lesson provides problem sets to work through to allow you to refine your ability to apply IRS Code section 351 and Regs. to a variety of situations involving basic issues of the definition and formation of C corporations.
This lesson is best used after studying Taxation of Business Entities in class. The lesson provides problem sets to work through to allow you to refine your ability to apply the Code and Regs., including section 1362, to a variety of situations involving S Corporation Formations elections.
This lesson is best used after studying Taxation of Business Entities in class. The lesson provides problem sets to work through to allow you to refine your ability to apply the Code and Regs. to a variety of situations involving partnership formation, especially liabilities. Code sections reviewed include 731, 722, 733, and 752.
This lesson is best used after studying Taxation of Business Entities in class. The lesson provides problem sets to work through to allow you to refine your ability to apply the Code and Regs. to a variety of situations involving the formation of C Corporations and the effect of liabilities. The lesson reviews several sections of the IRS Code, including section 357.
This lesson is best used after studying Taxation of Business Entities in class. The lesson provides problem sets to work through to allow you to refine your ability to apply the Code and Regs. to a variety of situations involving the definition and formation of partnership, including section 761.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs., including section 752 to a variety of situations.
This lesson is best used after studying Taxation of Business Entities in class. The lesson provides problem sets to work through to allow you to refine your ability to apply the Code and Regs., including section 351, to a variety of situations involving advanced issues in the formation of C Corporations.
This lesson is best used after studying Taxation of Business Entities in class. The lesson provides problem sets to work through to allow you to refine your ability to apply the Code and Regs. to a variety of situations involving partnership classification. The lesson focuses on Regulation 301.7701.
This lesson is best used after studying Taxation of Business Entities in class. The lesson provides problem sets to work through to allow you to refine your ability to apply the Code and Regs., including IRS Code section 1361, to a variety of situations involving the eligibility of S Corporation formation.
This lesson is best used after studying Taxation of Business Entities in class. The lesson provides problem sets to work through to allow you to refine your ability to apply the Code and Regs., including sections 721 and 722, to a variety of situations involving the basic issues of partnership formation.
This lesson is best used after studying Taxation of Business Entities in class. The lesson provides problem sets to work through to allow you to refine your ability to apply the Code and Regs. to a variety of situations involving entity level determination for S Corporation shareholder taxation, including section 1363.
This lesson is best used after studying Taxation of Business Entities in class. The lesson provides problem sets to work through to allow you to refine your ability to apply the Code and Regs. to a variety of situations involving entity level determinations in partnerships. The lesson focuses on IRS Code section 703.
This lesson is best used after studying Taxation of Business Entities in class. The lesson provides problem sets to work through to allow you to refine your ability to apply the Code and Regs. to a variety of situations involving S Corporation shareholder separately stated items. The lesson's questions include analysis of IRS Code section 1366.
This lesson is best used after studying Taxation of Business Entities in class. The lesson provides problem sets to work through to allow you to refine your ability to apply the Code and Regs. to a variety of situations involving separately stated items in partnerships. The lesson examines IRS Code section 702.
This lesson is best used after studying Taxation of Business Entities in class. The lesson provides problem sets to work through to allow you to refine your ability to apply the Code and Regs. to a variety of situations involving C Corporation cash distributions. Questions cover IRS Code section 301.
This lesson is best used after studying Taxation of Business Entities in class. The lesson provides problem sets to work through to allow you to refine your ability to apply the Code and Regs. to a variety of situations involving the calculation of C Corporation earnings and profits. Questions cover IRS Code section 312.
This lesson is best used after studying Taxation of Business Entities in class. The lesson provides problem sets to work through to allow you to refine your ability to apply the Code and Regs., particularly section 704, to a variety of situations involving partnership allocations when partners' interests vary.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying § 707(a)(1) and (c) in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson helps students distinguish between the two major rules that protect client confidentiality: the ethical duty of confidentiality and the evidentiary attorney-client communications privilege. The lesson examines the scope of each and the relationship between the two.
In this lesson, we examine the "consent" exception to the warrant requirement.
This lesson provides an overview of the historical significance of the ultra vires doctrine, its subsequent decline in importance, and its modern status.
This is the first of two lessons on title insurance. Title insurance is a critical component of modern real estate transactions. Anyone buying, selling or owning any interest in real estate, or any lawyer advising or representing such person, needs to know about title insurance. Unfortunately, it's a lot more complicated that the general public believes. This first lesson teaches the basic concepts of title insurance. The next lesson, Title Insurance Coverage, reveals how to determine what title problems are actually covered by a particular policy.
This is the second lesson on title insurance. This lesson is designed to build on what you learned in the first lesson, Title Insurance Basics. Title insurance is a critical component of modern real estate transactions. Anyone buying, selling or owning any interest in real estate, and every lawyer needs to know about title insurance. It's a lot more complicated that the general public believes.
This lesson provides students with an overview of the Title VII of the Civil Rights Act of 1964. Although the lesson does not assume any prior knowledge of the statute, it is nonetheless useful to test more advanced students' knowledge.
This lesson focuses on a tort relation, one where the agent harms the third party, giving the third party a tort claim. Our inquiry is on whether the third party can bring this claim against the principal and the related policy. The lesson is cognizant that this may be your first encounter with agency, a concept that serves as the foundation of business law.
The lesson also includes problems that address Coasean irrelevance (which is often known as the "Coase Theorem").
This lesson reviews the process of tracing wrongfully diverted money or property through a series of exchanges. Students are expected to have a basic familiarity with in-specie remedies such as replevin and constructive trust. The lesson provides problems for students to consider practical evidentiary issues in locating and proving the identity of property and to practice the application of rules for tracing funds into and out of commingled accounts. The lesson will be most useful for review by students in remedies, debtor-creditor or bankruptcy courses.
This lesson introduces the rules governing trademark assignments and licenses under common law and the Lanham Act. It may be used either as review or as the initial introduction to the topic.
This lesson reviews the various defenses to and remedies for dilution available under federal and state law. It can be used either to learn the material for the first time, or to review material already learned in class. The lesson assumes familiarity with several trademark concepts, including dilution (and the prerequisites for dilution protection) and fair use.
This lesson has been removed for revisions due to changes in the law.
This lesson explores the definition of trademark dilution, from its origins in the early 20th century, through the current Federal Trademark Dilution Act. Attention is given to both state and federal laws on dilution, and the elements of a claim under both state and federal law.
This lesson covers the types of marks that are deemed eligible for protection under federal and state dilution laws. Although the focus is on eligibility under the Federal Trademark Dilution Act (Lanham Act section 43(c)), there is coverage of the different types of state dilution statutes -- those based on the earlier (1964) Model State Trademark Bill (such as Massachusetts), and those based on the federal statute.
This lesson addresses the trademark doctrine of "exhaustion/first sale." The doctrine governs the trademark owner's continuing rights regarding authentic goods bearing the mark put into the marketplace. The lesson assumes familiarity with trademark's policy objectives, the basic "likelihood of confusion" test for infringement and "fair use," in particular nominative fair use and the problems associated with implied sponsorship.
This lesson covers the fair use and related "nominative" fair use defenses to claims of trademark infringement. It assumes basic familiarity with trademark policy, the "generic to fanciful" spectrum of distinctiveness trademark classification system, and the likelihood of confusion test for infringement. It can be used (1) as a stand-alone introduction, (2) as a supplement when time restrictions limit in-class coverage, or (3) to reinforce points made during class.
This lesson discusses the social policy justifications for the legal protection of trademarks. It provides a general understanding of how those policy objectives derive from market economic principles as well as how they drive the core elements of trademark law. This lesson may be useful preparation for a first class on trademark law or to reinforce points made during a class on trademark policy.
This lesson is a follow up to the European Union-Trademark Basics lesson. It presents additional information concerning two topics: "Unusual" marks and Exhaustion of trademark rights. (With regard to the latter, there is a comparison with U.S. law in the lesson.) At a minimum, users should be familiar with U.S. trademark law and should either review the Basics lesson or be generally familiar with EU trademark law. This lesson may be best used for review and additional learning.
This lesson is a general introduction to resources and strategies for researching tribunals and truth commissions.
This lesson provides an advanced exploration of patent issues under TRIPS, an important international agreement that binds most countries, including developed and developing countries. This lesson aims to provide students with information concerning pressing issues. It is appropriate for students who have completed the Introduction to TRIPS lesson, as well as students who have some prior exposure to TRIPS, such as students who have studied the agreement in a class on International IP.
This lesson reviews the basic regulatory framework of the federal Toxic Substances Control Act. The lesson can serve either as a review of the statute or as an introduction to it.
This lesson is a brief introduction to the four major types of corporate acquisitions: mergers, compulsory share exchanges, sales of assets, and tender offers. It includes descriptions of different types of mergers: stock-for-stock mergers, cashout mergers, and triangular mergers. It also briefly explains multi-step transactions, such as tender offers followed by cashout mergers or sales of assets followed by dissolution of the selling corporation.
This is the first of a series of lessons dealing with issues concerning how a corporation raises the money it needs to operate its business. This lesson focuses on the types of securities a corporation may issue (debt and equity) and the reasons it may choose one or the other. The lesson also introduces students to the difference between common and preferred shares and identifies differences in the approaches of Delaware and of the Model Business Corporation Act. After completing the lesson, the student should know: 1. What a corporate security is; 2.
The first lesson on UCC Article 2A provides an overview of the article. Because Article 2A applies only to a "true lease,' the lesson assists the user in determining whether a transaction is in fact a lease.
The second lesson on UCC Article 2A covers the special rules for finance leases and consumer leases.
The third lesson on UCC Article 2A covers the formation of an Article 2A lease and some important provisions of the article, comparing and contrasting the provisions with analogous provisions from Article 2.
This fourth lesson on UCC Article 2A covers the default warranties given by a lessor under the article, and also explains how the lessor may disclaim the warranties or limit the available remedies.
The fifth lesson on UCC Article 2A covers claims made by other creditors against the lessor and lessee of an Article 2A lease of goods.
The sixth lesson on UCC Article 2A covers remedies on default for both the lessor and the lessee.
This lesson demonstrates how the principles of remedies are found in the UCC and provides some guidance for working with the UCC. This lesson may be run either as an introduction before the material is studied or as a review after it is studied.
This lesson explores the remedies that are available in UCC Article 2 for the Buyer when the Seller is in breach. We first examine the remedies when the Seller has the goods, and then when the Buyer has the goods. This lesson may be run either as an introduction before the material is studied or as a review after it is studied.
This lesson explores the remedies that are available in UCC Article 2 for the Seller when the Buyer is in breach. We first examine the remedies when the Buyer has the goods, and then when the Seller has the goods. This lesson may be run either as an introduction before the material is studied or as a review after it is studied.
A contract can contain many different types of promises, made up of both express and implied terms. Express and implied warranty terms are the subject of this lesson. When parties contract for the sale of goods, they have certain expectations about the quality of the goods to be sold. These expectations form the basis of warranties that arise under UCC Article 2. That is, what has the seller agreed to sell?
This lesson addresses the enforcement provisions of the child custody jurisdiction statutes. It also addresses the international aspects of child custody enforcement. The lesson should be worked after completing the lesson on Child Custody Jurisdiction.
This is a lesson on the equitable defense of unclean hands. The first part of the lesson is designed to introduce the basics of the concept for students before and during its study in class. The "Review" questions at the end are an aide for students who have completed their study, either through class work or this lesson. Students who want simply to review in anticipation of a final exam can go straight to the Review materials and backtrack only as necessary for understanding questions missed.
This exercise is designed to give you a good working familiarity with the fixtures provisions of Revised Article 9.
This lesson will show you the basic tools for finding United Nations materials. It first gives an overview of how the United Nations is organized. It includes descriptions of each of the principal organs of the U.N. and an overview of the United Nations document numbering system. It then shows online tools for United Nations research: the U.N.'s website; the Official Document System; and the U.N. Digital Library.
The subject of "unlawful delegation" of powers is an important issue in both constitutional and administrative law. Not infrequently, Congress attempts to delegate its legislative authority to an administrative agency or to the courts. Sometimes, Congress attempts to delegate judicial power to administrative agencies. In this lesson, we explore the legality of such delegations. This lesson is intended for students who have studied these issues in class, and wish to refine their knowledge.
This lesson deals with the "useful article" limitation on protection of pictorial, graphic and sculptural works under copyright law.
This lesson explores the concept of utility as a condition for patentability under 35 U.S.C. § 101. The lesson can serve either as an introduction to the topic or as a review after covering the material in class. Although the fundamental concepts in this lesson are not difficult, the optional essay explores a particularly challenging topic.
This is a lesson that introduces the basics of valuation. The lesson teaches about moving money through time using rates of interest or discount, and the use of rates and of price/earnings ratios to value businesses.
The lesson does not assume any economic knowledge. If you already know the basics of valuation, then you should switch to the lesson on the Capital Asset Pricing Model.
This lesson is a review of visitation and relocation issues. The lesson can be used to introduce or review these topics. Students should be familiar with basic principles of custody determinations.
This lesson provides an introduction to voting trusts and voting agreements -- what they are, how they work, and why you might choose one over the other.
This lesson provides students in a Water Law, Natural Resources, or Advanced Property with a basic review of the subject of water law and the two main water law systems in the United States.
This lesson provides a review of the doctrine of prior appropriation, the water law system that dominates in the western part of the United States.
This lesson provides a review of the five major doctrines that states have employed to decide who has what rights in ground water.
Riparianism is the system of water law used in most eastern states in the United States to govern property rights in water. This lesson provides a review of the basic concepts of the doctrine of riparianism for students in Water Law or Property classes. It covers both common law riparianism and regulated riparianism.
This lesson provides a review of the equitable apportionment doctrine for students who have studied this doctrine in a Water Law, Advanced Property, or Natural Resources course.
This lesson provides a review of federal reserved rights for students who have covered that doctrine in a Water Law, Natural Resources Law, or Advanced Property course.
This lesson looks at the modern form of riparian rights, known as regulated riparianism, through the lens of Florida's Water Resources Act.
While most of the states in the country choose between the water law doctrines of prior appropriation and riparian rights, California applies both. This approach to state water law is called, appropriately, the California system.
One of the more interesting doctrines in Water Law is the public trust doctrine, which preserves public rights in the nation's waters and limits states' abilities to destroy the public's interests in these waters.
This lesson was written as a review of the material covered in the second part of Chapter 4 of the CALI e-book, Wetlands Law: A Course Source. The lesson reviews the regulations, policies, and case law interpreting the scope of federal jurisdiction over "waters of the United States" under the Clean Water Act.
This lesson was written as a review of the material covered in Part 1 of Chapter 6 of the CALI e-book, Wetlands Law: A Course Source. The lesson reviews the exemptions from the Clean Water Act Section 404 permitting process and the general permits issued by the Corps under Section 404.
The following exercise is designed to reinforce your understanding of some of the basics of wetlands regulation and the wetlands permitting process under the Clean Water Act. Knowledge of the basic structure of Section 404 of the Clean Water Act is necessary to complete this exercise.
This lesson was written to correspond to the first part of Chapter 4 of the CALI e-book, Wetlands Law: A Course Source.
Prof. Lind teaches Copyright, Trademark, Entertainment Law, Mass Media law, and Museum and Art Law at Southwestern. He is also the author of several CALI lessons on copyright and trademark law. In this podcast, he explains the confusion that arises from the use of the term "song." Prof. Lind also discusses the terms "author" and "sound recording" and their implications for protection under the U.S. Copyright Act. In this podcast Prof.
This lesson reviews the definition of "director's conflicting interest transaction" in Subchapter F of chapter 8 of the Revised Model Business Corporation Act. It focuses on the definition and does not discuss judicial review of director's conflicting interest transactions under Subchapter F. That is dealt with in a companion lesson, Judicial Review of Director's Conflicting Interest Transactions under the Model Business Corporation Act.
This lesson examines the Supreme Court's decision in SEC v. Howey Co. defining the term "investment contract," and the subsequent evolution of that definition.