2L-3L Upper Level Lesson Topics

This set of Topics covers subjects typically taught during the second and third years of law school.
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Payment Systems: Indorsements Podcast

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.

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Payment Systems: Instruments Signed for Accommodation Podcast

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.

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Payment Systems: Liability of the Parties on a Negotiable Instrument Podcast

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.

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Payment Systems: Negotiable Instruments Vocabulary Podcast

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.

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Payment Systems: Who Can Bring a Claim on a Negotiable Instrument Podcast

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.

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Payment Systems: Who is a Holder in Due Course Podcast

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.

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Plain View Exception

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.

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Plea & Discovery

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.

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Policy and Patentable Subject Matter

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.

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