Lessons/Podcasts with Learning Outcomes

An Introduction to Depreciation (ACCT05)
1. Distinguish depletion, depreciation, and amortization.
2. List the basic mechanics of depreciation.
3. State the reason for depletion, depreciation, and amortization.
4. Explain how the cost or basis of an asset is determined.
5. Explain how depreciation affects the balance sheet and the income statement.
Methods of Depreciation (ACCT06)
1. List the four different methods of calculating depreciation.
2. Demonstrate the application of the four methods of depreciation.
3. Define basis, useful life, salvage value, and depreciable cost.
Inventory and the Cost of Goods Sold (ACCT07)
1. Define the terms inventory, sales revenue, and cost of goods sold.
2. Provide the formula for calculating cost of goods sold.
3. Explain how to value inventory on the balance sheet.
4. Demonstrate how to calculate the cost of goods sold.
5. State the two methods available to account for the cost of goods sold.
6. Discuss the four possible methods to determine how much of the cost is ending inventory and how much is the cost of goods sold.
7. List the three methods of categorizing inventory for manufacturing companies.
Inventory: The Lower-of-Cost-or-Market Rule (ACCT08)
1. Define the lower-of-cost-or-market rule.
2. Explain the meaning of "market" in the lower-of-cost-or-market rule..
3. Demonstrate how to apply the lower-of-cost-or-market rule.
Lawyers' Responses to Audit Inquiries (ACCT09)
1. State the purpose of the audit inquiry letter.
2. Explain the challenges an attorney faces in responding to audit inquiry letters.
3. List the four parts of the American Bar Associations Statement of Policy.
4. State two legal consequences of the lawyer's response to an audit inquiry letter.
5. Describe the importance of Paragraph 5 (Loss Contingencies) of the ABA Statement of Policy Regarding Lawyers' Responses to Auditors' Requests for Information.
6. List the three types of matters on which the attorney may comment.
Accounting for Contingencies (ACCT10)
1. State the accounting standards definition of "contingency."
2. Explain when a company must accrue a contingency under the rules in Part 450 of the Accounting Standards Codification.
3. Describe what disclosure a company must make in its financial statements concerning the contingency under the rules in Part 450 of the Accounting Standards Codification.
4. Discuss the importance of determining whether a contingency is a contingent gain or a contingent loss.
5. Explain the significance of timing issues under the rules for accounting for contingencies.
Introduction to Accounting (ACCT11)
1. Discuss why a basic understanding of financial accounting is useful to lawyers.
2. State the fundamental equation of accounting.
3. Explain the relationship between market value and book value.
4. List the information found on an income statement.
5. Define depreciation.
6. Explain the difference between accounting and valuation.
7. List the ratios used to compare businesses and describe them.
Judicial Review of Agency Inaction Under the Federal Administrative Procedure Act (ADM28)
1. List the requirements a person seeking to challenge agency inaction must satisfy to obtain judicial review under the APA.
2. Define "agency action" and explain how this requirement is applied to challenges to agency inaction under the APA.
3. Explain when agency inaction is deemed to be "final" for purposes of obtaining judicial review under the APA.
4. Explain when agency action may be considered "unlawfully withheld or unreasonably delayed" within the meaning of the APA.
5. Discuss when agency inaction will be deemed "committed to agency discretion by law" and therefore not subject to judicial review.
6. State the appropriate standard of review in challenges to agency inaction and explain how it is applied.
Aviation Accident Investigation Compared to Civil Litigation (AVA01)
1. Explain why the federal government investigates aviation accidents rather than states.
2. List the statutes that guide accident investigations.
3. Discuss the objectives of accident investigations.
4. Demonstrate the ability to differentiate between accident investigations and civil tort actions.
Federal Communications Commission Aviation Jurisdiction (AVA03)
1. Explain the authority and function of the Federal Communications Commission (FCC) as a governmental agency responsible for aviation regulation and oversight in the United States.
2. Discuss why signal jamming is illegal
3. Explain the purpose of the Antenna Structure Registration (ASR) program.
4. List three methods used by the Government to disseminate information about new flight hazards to pilots.
Air Traffic Controllers (AVA06)
1. State the two key parts of a negligence claim.
2. Define VFR, IFR, ATC, and wake turbulence.
3. List the duties of air traffic controllers.
4. Name the standard under which an air traffic controller acts.
5. Discuss the responsibilities of the pilot and the air traffic controller in severe weather.
Airport Ownership and Rights (AVA07)
1. List the two types of airport ownership.
2. Define the following terms: airport, public airport, public-use airport, and private-use airport.
3. Discuss what the governmental authority that owns a publicly owned airport can do.
4. Explain the four Constitutional Powers that proprietors of public airports can rely on.
5. Discuss the limitations on a private owner of an airport.
Aircraft Maintenance Mechanics; Qualifications and Liability (AVA08)
1. List the qualifications required to become an aviation mechanic.
2. Describe the type of work a licensed private pilot can perform on their own aircraft.
3. Explain the responsibilities of a certificated inspector.
4. Explain the purpose and types of the FAA's Airworthiness Directives
Drones: Unmanned Aircraft Systems (AVA11)
1. Locate current and proposed FAA regulations regarding the use of drones.
2. Follow FAA procedures for recreational use of drones.
3. Discuss issues relating to use of drones for military, law enforcement, commercial, and other purposes.
Aviation Law: Sources of Law and Jurisdiction (AVA12)
1. Recognize key cases, statutes, and regulations in aviation law.
2. Identify the roles of federal agencies including the FAA, NTSB, and FCC, as their work impacts aviation.
3. Identify three international treaties that impact aviation.
Labor Issues Affecting Airline Personnel (AVA13)
1. Identify major labor and employment issues in the aviation industry along with applicable statutes, regulations, and case law.
2. Describe changes to potentially discriminatory employment practices in aviation.
3. Answer questions regarding work and rest hours for pilots and flight attendants based on applicable regulations.
Airman Medical Standards and Certification (AVA14)
1. Recognize when medical certification is required.
2. State the differences between first-, second-, and third-class medical certificates.
3. Give examples of disqualifying medical conditions and where additional information may be obtained.
4. Differentiate among the functions of an AME, AMCD Manager, Regional Flight Surgeon and Federal Air Surgeon.
5. Describe the differences between a Statement of Demonstrated Ability and an Authorization for a Special Issuance of a Medical Certificate.
6. Explain the Medical Certification procedure including the appeal process when medical certificates are denied, suspended, or revoked.
Authority: Actual and Apparent (BA01)
1. Identify the two basic types of authority -- actual authority and apparent authority.
2. Explain how actual and apparent authority are created.
3. Analyze the differences between actual and apparent authority.
4. Discuss the concept of inherent agency power.
Liability of Agent to Third Parties: On the Contract and Warranty of Authority (BA02)
1. Explain the general concept that an agent acts on behalf of a principal and is not personally liable to third persons with whom he or she has dealt.
2. Examine situations where the agent may be personally liable to third persons.
3. State the distinctions between disclosed, undisclosed, and unidentified principals.
4. Discuss the concept of warranty of authority and a plaintiffs options for recovery.
Introduction to Agency: Defining Agency Relationships (BA03)
1. Define the terms "principal" and "agent."
2. Explain how the law of agency governs the relationships between individuals and/or organizations who accomplish their work by using the services of others.
3. Discuss the legal requirements for forming an agency relationship.
4. Analyze the qualifications one must have in order to be a principal or an agent.
5. Examine the impact of forming agency relationships.
Employer and Employee Relationships (BA04)
1. Explain the difference between an employer/employee relationship in agency law and the relationship with the status of independent contractor.
2. Discuss how to distinguish between an employer/employee relationship and an independent contractor relationship.
3. Describe what acts of the employee might cause the employer to be held liable.
4. Analyze why the distinction is important regarding taxes, liability and duties and immunity.
Ratification (BA05)
1. Define ratification.
2. Define the purpose of agency law.
3. Explain how ratification comes into play when the agent is not authorized and the third party wants to hold the principal liable for the agent's unauthorized act.
4. Analyze how ratification can only occur when the principal knows all the material facts at the time of ratification.
5. Discuss the doctrine of adoption and its similarity and difference from ratification.
Management and Financial Rights of Partners (BA06)
1. Explain the difference between mandatory rules and default rules in the Uniform Partnership Acts.
2. Describe how the partnership default rules determine the value of the partners' capital accounts.
3. Describe how voting rights are allocated under the partnership act default rules.
4. Describe how profit sharing is determined under the partnership act default rules.
5. Describe how sharing of partnership losses is determined under the partnership act default rules.
6. Describe how additional contributions of partners are dealt with under the partnership act default rules.
7. Define the rights partners have to transfer their financial interests in the partnership.
Authority of Partners to Bind the Partnership (BA07)
1. Describe the actual authority of partners to bind a partnership in contract.
2. Discuss the concept of apparent authority.
3. Explain inherent agency power.
Are You My Partner? Is This a Partnership? (BA08)
1. Define the concept of partnership and the elements courts examine to determine if a partnership exists.
2. Discuss the differences between a partnership and a sole proprietorship.
3. Explain the legal consequences associated with being labeled a partner.
4. Analyze other business relationships that may arise if no partnership is formed.
Has a Partnership Formed? PodCast (BA08P)
1. Describe one technique suggested for learning statutes.
2. Explain where to look for laws governing partnerships.
3. Explain the importance of knowing a statute's elements.
4. Discuss why learning the law of partnerships is important.
Partnership Dissociation (BA09)
1. Explain what it means for a partner to dissociate from a partnership.
2. Identify some of the events that result in the dissociation of a partner.
3. Discuss the concept of wrongful dissociation, when a dissociation may be wrongful and the consequences.
Partnership: Dissolution and the Article 7 Buyout Obligation (BA10)
1. Discuss some of the consequences of partner dissociation.
2. Identify events that result in the dissolution of any type of partnership.
3. Analyze issues of the liability of a partner after dissociation and the liability of a partnership for a partner's actions after dissociation.
Entity Selection/Introduction to LLCs (BA11)
1. Discuss some issues to consider when forming an entity, such as ease of formation, operation and control, tax issues and more.
2. Analyze these issues when forming a sole proprietorship, general or limited partnership, corporation, and limited liability company.
3. Explain how a limited liability entity provides the flexibility and liability protection of a corporation without as many formalities.
Drafting a Complaint (CIV01)
1. Write a complaint.
2. Distinguish between sample paragraphs and select the best ones for the complaint.
3. Compose a complaint which pleads grounds for jurisdiction.
4. List the elements of the claim at the proper level of generality.
5. Recall how to avoid superfluity or violation of Rule 11.
An Interpleader Primer (CIV21)
1. Define interpleader.
2. List the four "classic" limitations to interpleader prior to the advent of the federal statute.
3. List the requirements of 28 U.S.C. § 1335.
4. Analyze the interpleader statute's own provisions for personal jurisdiction and venue under 28 U.S.C. §§ 1397 and 2361.
5. Explain the need and authority for injunctions.
6. Apply State Farm v. Tashire.
7. Distinguish statutory interpleader from interpleader under Rule 22.
Discovery Privileges: Work Product (CIV23)
1. Explain the requirements of work product.
2. Discuss the exception to work product in cases of substantial need and undue hardship.
3. Apply each of those requirements to different fact patterns.
4. Analyze hypothetical documents to determine whether they would need to be produced in discovery.
Rule 12 Motion Practice (CIV24)
1. Explain the nature of the defenses that can be raised in a Rule 12 motion.
2. Explain the appropriate motion for each defense, and the consequence of omitting certain defenses from a motion or pleading.
Venue (CIV25)
1. Analyze venue in federal court using the general federal venue statute.
2. Explain some common special situations in which the general statute does not provide the answer.
3. Explain that the analysis of venue statutes other than the general venue statute may be unexpected and require creative arguments.
Transient Jurisdiction, General Jurisdiction, and Domicile (CIV26)
1. Define the legal concept of domicile.
2. State the holding of Pennoyer v. Neff.
3. Define transient jurisdiction.
4. Define general jurisdiction.
5. Distinguish general from transient jurisdiction.
6. Analyze a problem for domicile issues.
Removal and Remand: The Basics (CIV27)
1. Explain the standard for removal, who can remove a civil action, to which court a civil action must be removed, and the forum defendant rule.
2. Explain how to apply § 1441(a) and § 1441(b)(2).
3. Explain what goes in a removal notice under § 1446, the role of the state court after removal, the standard for determining whether the amount in controversy is satisfied in a removed case, the timing rules for removed cases, and the rule of unanimity.
4. Apply the various rules found in § 1446 to new fact patterns.
5. Explain the difference between motions to remand for lack of subject matter jurisdiction and motions to remand based on procedural defects in removal.
6. Explain and apply the timing rules that govern motions to remand.
Basics of Supplemental Jurisdiction through the Ice-Cream Method (CIV28)
1. Explain the difference and the relationship between original jurisdiction and supplemental jurisdiction.
2. Explain the functions of each part of the supplemental jurisdiction statute, 28 U.S.C. § 1367, by breaking up the statute into its "granting," "taking-away," "punting," and "saving" functions.
3. Describe the relationship between supplemental jurisdiction and statutes of limitations.
4. Analyze and test your understanding of other areas of law that underlie supplemental jurisdiction (namely, diversity, federal question, removal, and joinder), through study and mastery of supplemental jurisdiction.
5. Improve your skills at reading and analyzing complex statutory language.
Discovery Privileges: Attorney-Client Privilege (CIV29)
1. Explain whose law of privilege applies in the federal courts.
2. List and analyze the elements of the attorney-client privilege, including its application to non-human clients.
3. Apply the doctrine to new sets of facts.
4. Recognize the ways in which clients can waive the privilege outside the context of litigation.
Forum Non Conveniens and Transfer of Venue (CIV31)
1. Explain the difference between forum non conveniens and transfer of venue, and when each is appropriate, especially in federal court.
2. List the relevant factors to use in analyzing forum non conveniens and transfer.
3. Explain the basics of the various statutory bases for transfer in federal court: Sections 1404(a), 1406, 1631, and the multidistrict provision 1407.
Diversity Jurisdiction (CIV32)
1. Explain how to determine the citizenship of natural persons, corporations, unincorporated entities and representatives.
2. Explain the complete diversity requirement.
3. Explain the test for ascertaining whether the amount in controversy requirement is satisfied.
4. Explain the basic aggregation rules.
5. Understand alienage jurisdiction.
6. Understand hybrid diversity and alienage jurisdiction.
7. Explain the difference between the constitutional and statutory grants of diversity jurisdiction.
8. Apply the diversity and alienage jurisdiction rules and test to new fact patterns.
Mastering Federal Question Jurisdiction in Two Steps (CIV33)
1. Define basic concepts and terminology.
2. Explain the scope of Constitutional versus statutory federal question jurisdiction.
3. Explain the purpose of the "well-pleased complaint" rule.
4. Define the two tests used to analyze the plaintiff's cause of action.
5. Distinguish between the Holmes "creation" test; and the Grable/Gunn test.
Issue Preclusion (CIV34)
1. Describe differences between claim and issue preclusion.
2. Explain the three elements of issue preclusion and the many exceptions to its application.
Discovery: Relevance and Proportionality (CIV35)
1. State the definition of relevance for discovery purposes.
2. Apply the concept of logical relevance to a variety of fact patterns
3. List, apply, and evaluate the Rule 26 factors intended to ensure that the burden of discovery is proportional to its expected value.
Rule 11 and Ethical Pleading (CIV36)
1. Explain the purpose of the Rule, the ethical requirements it imposes, the possible sanctions for violating the Rule, the procedures for imposing those sanctions, and some important limitations of the Rule.
Rule 50 - Judgment as a Matter of Law (CIV37)
1. Define what a rule 50 motion is and explain why it is important.
2. Define who can bring such a motion.
3. Explain the timing of a Rule 50 motion.
4. Explain the procedure for a renewed motion.
5. Define what is meant by remittitur.
Discovery Processes (CIV38)
1. Explain the general duty of good faith that governs discovery processes.
2. Name the required components of the initial discovery conference.
3. Apply your knowledge of discovery relevance to discovery planning.
4. Identify the discovery devices provided by the Federal Rules of Civil Procedure.
5. Analyze which device is best suited to obtain which kind of information.
6. Choose the proper way to object to discovery requests (including objections to preserve privileges).
7. Explain how to get a court to rule on a discovery dispute.
8. Analyze what sanctions courts can impose when a litigant has failed to comply with the rules.
Summary Judgment under Rule 56 (CIV39)
1. Define the purpose of summary judgment.
2. Explain the standards used to decide summary judgment motions.
3. Explain the procedures followed by the parties and the court in making and deciding motions for summary judgment.
Claim Preclusion (CIV40)
1. List the elements of claim preclusion.
2. Define the effect of claim preclusion on subsequent litigation.
3. Explain when a subsequent claim is sufficiently related to the earlier claim to fall within its preclusive effect.
4. Define the meaning of an adjudication "on the merits" entitling the judgment to preclusive effect.
5. Identify the circumstance in which a non-party to earlier litigation will be deemed to stand in the shoes of an earlier litigant pursuant to the "privity" doctrine.
6. Describe the impact of a judicial designation that a dismissal is with or without prejudice.
7. Compare the occasions in which a defendant may be precluded from later asserting a claim that could have been asserted as a counterclaim in the prior preceding.
8. List the various exceptions to claim preclusion.
Electronic Discovery (CIV41)
1. Explain the concept of electronically stored information.
2. Understand what triggers the duty to preserve ESI that will be relevant to litigation and the general mechanics of a "litigation hold."
3. List the types of ESI issues that must be discussed in early discovery planning.
4. Describe the process through which requests for ESI are made and responded to.
5. Identify and apply the sanctions that are available for "spoliation" -- the wrongful deletion of ESI.
Rule 4(k) (CIV42)
1. Explain the significance of state long-arm statutes to federal courts.
2. List the occasions in which federal courts do not need to rely on state law to acquire personal jurisdiction.
3. Explain the ways in which the constitution constrains federal courts' assertions of personal jurisdiction differently than state courts.
Class Action Basics (CIV43)
1. Identify and apply the four prerequisites under Rule 23(a) that a class must satisfy in order to be certified.
2. Define the term "commonality."
3. Define the term "typicality."
4. Differentiate commonality from typicality.
5. Explain the element of adequacy of representation.
6. Identify the different types of classes allowed under Rule 23(b).
7. Describe the notice requirements under Rule 23(c)(2).
Introduction to Specific Jurisdiction (CIV44)
1. Explain where specific jurisdiction fits into the requirement that courts need authority to adjudicate.
2. Describe the relationship of specific jurisdiction to general jurisdiction.
3. Distinguish the different threads of due process that constrain the exercise of specific jurisdiction, and the concepts of purposeful availment, targetting and relatedness.
Removal and Remand: Litigation Strategy (CIV45)
1. Identify and explain the primary strategies plaintiffs employ to thwart removal, including joinder of a non-diverse or forum defendant, manipulation of the amount-in-controversy, and elimination of all references to federal law from the complaint.
2. Identify and explain the primary counter-strategies defendants use to defeat plaintiffs' forum choice, including use of the fraudulent joinder doctrine, pre-service removal, removal based on the plaintiff's bad faith actions, and the doctrine of complete preemption.
3. Recognize facts patterns in which the plaintiff has successfully thwarted removal.
4. Recognize fact patterns in which the defendant has successfully defeated the plaintiff's forum choice.
Notice and Service of Process (CIV46)
1. Apply the constitutional standard for notifying a defendant that she has been sued.
2. Explain the basic parts of service under Rule 4: what must be served, who can effect service, when service must be made, and how proof of service works.
3. Explain the different methods for serving individuals within the United States, individuals outside of the United States, and entities under Rule 4.
4. Explain waiver of service of process under Rule 4.
The Pre-Existing Duty Rule, Contract Modification, and Accord & Satisfaction (CON01)
1. Explain how the common law pre-existing duty rule applies to modifications.
2. Determine whether the modification of a contract is enforceable under the modern common law rule.
3. Determine whether the modification of a contract is enforceable under the UCC rule.
4. Distinguish between modification and accord and satisfaction.
5. Distinguish between an executory accord and a substituted contract.
6. Distinguish between a liquidated debt and an unliquidated debt.
7. Apply the elements of UCC § 3-311 to a fact situation involving payment by check to determine whether an accord and satisfaction was reached.
Modifications and the Pre-existing Duty Rule: Discussions in Contracts Podcast (CON01_1P)
1. Explain that a modification of a contract has to be agreed to by the parties.
2. Explain that modifications follow the same rules of assent as apply to the formation of contracts.
3. Identify and apply the pre-existing duty rule that requires modifications to be supported by new consideration to be binding.
4. Explain and apply the modern common law rule that permits modification without new consideration if there are unforeseen circumstances, and the modification is fair and equitable.
5. Explain and apply the rule of UCC § 2-209, which also validates contracts as modified without new consideration.
Discharge of Duties: Discussions in Contracts Podcast (CON01_2P)
1. Explain, identify, and apply each of the methods by which parties may seek discharge to contractual duties: rescission, substituted performance, substituted contract, novation, and accord and satisfaction.
2. Explain when attempts to discharge duties using one of these methods are not enforceable due to lack of consideration for the discharge.
Drafting a Contract: The Sale of Goods (CON04)
1. Select the most appropriate terms to include in a contract.
2. Select the most appropriate language to express the terms of the contract.
3. Employ knowledge of substantive law to draft a sales contract.
Third Party Beneficiaries (CON05)
1. Determine which third parties may enforce a contract.
2. Determine when the rights of a third party vest.
3. Determine the defenses that may be asserted against a third party.
Third Party Beneficiaries: Discussions in Contracts Podcast (CON05P)
1. Identify when a party is a third party beneficiary of a contract with rights to enforce the contract and when they are merely an incidental beneficiary with no rights to enforce it.
2. Explain the courts analysis in Lawrence v. Fox.
3. State the rule from Restatement (Second) of Contracts § 302.
4. State an example indicating the intent of the parties.
The Parol Evidence Rule (CON06)
1. Identify the evidence offered.
2. Determine the purpose for which the evidence is offered.
3. Explain how to determine the intent of the parties.
4. State the parol evidence rule.
5. Critique the purposes served by the rule.
Exploring Article 2 (CON10)
1. Explain the concept of "default rules."
2. Determine whether a particular contract term represents the default rule or has been changed by the parties.
3. Recognize a Code section when it is exemplified in a contract
4. Evaluate the language used to express a term in a contract.
The Statute of Frauds (CON11)
1. Explain the policy behind the Statute of Frauds
2. Determine whether a particular agreement is within the Statute of Frauds.
3. Explain what it means for an oral agreement to be evidenced by a writing for purposes of the Statute of Frauds.
4. Determine when a particular oral agreement that is not evidenced by a writing is nevertheless enforceable.
Defenses (CON12)
1. Explain how a defense affects the formation of a contract.
2. Explain why defenses apply to UCC transactions even though the defenses are not found in Code provisions.
Void, Voidable and Unenforceable Contracts (CON13)
1. Distinguish between agreements that are void, voidable, and unenforceable.
2. Give examples of agreements that are a) void, b) voidable, and c) unenforceable.
Illegal Promises (CON14)
1. Distinguish between an "agreement" and a "contract."
2. Describe the circumstances in which a court will refuse to enforce an agreement on grounds of illegality.
3. Appraise whether it is ethical for an attorney to include an illegal provision in a contract he or she is preparing.
Lack of Capacity (CON15)
1. Distinguish between lace of capacity as a matter of law and lack of capacity as a matter of fact.
2. Explain the rules on whether minors can avoid contracts and the policies behind those rules.
3. Apply the different tests for lack of mental capacity to particular fact situations.
Duress and Undue Influence (CON16)
1. Apply the elements of duress to particular fact situations.
2. Determine whether there is undue influence in particular fact situations.
Unjust Terms (Unconscionability) (CON17)
1. State the elements of a claim that a contract or a contract term is unconscionable.
2. Apply the elements of unconscionability to particular fact situations.
Misunderstanding and Mistake (CON18)
1. Distinguish between mistake and misunderstanding.
2. Explain why misunderstanding results in no contract being formed.
3. Explain when a contract is reformed because of a mistake in integration.
4. Explain the remedy for mistake in performance.
5. Apply the elements of mutual mistake to particular fact situations.
6. Distinguish between unilateral mistake and mutual mistake.
7. Analyze a release to determine whether it is enforceable.
Fraud and Misrepresentation (CON19)
1. Distinguish between tort fraud and contract fraud
2. Explain what is meant by "innocent misrepresentation" and the remedy for it.
Conditions (CON20)
1. Distinguish between a promise and a condition.
2. Distinguish between an express condition and an implied condition.
3. Give examples of the ways in which the harsh effects of a condition can be excused.
Excuse of Conditions: Discussions in Contracts Podcast (CON20_01P)
1. Define a condition.
2. Distinguish between a promise and a condition.
3. Explain the policy reasons courts use to excuse satisfaction of a condition.
4. Provide examples of when a court might look to 1) waiver, 2) divisible contract, 3) restitution, and 4) excuse of condition.
Express Conditions: Discussions in Contracts Podcast (CON20_02P)
1. Define a condition.
2. Distinguish between a promise and a condition.
3. Provide an example of an express condition.
4. Explain why an express condition is an exception to the parol evidence rule.
5. State what the remedy is when a promise is breached and when a condition is not satisfied
Implied Conditions: Discussions in Contracts Podcast (CON20_03P)
1. Distinguish between a promise and a condition.
2. State an example of implied conditions.
3. Explain the origin of implied conditions.
4. Explain a courts determination when there is substantial performance.
5. State what the remedy is when a promise is breached and when a condition is not satisfied.
Mutuality of Obligation (CON21)
1. Define "mutuality of obligation."
2. Explain what is meant by "illusory promise."
Satisfaction Clauses (CON22)
1. Distinguish between illusory promises and promises with enforceable satisfaction clauses.
2. Determine whether a court will apply an objective or subjective standard of satisfaction.
The Seal (CON23)
1. Define "seal."
2. State the UCC rule on contracts under seal.
3. Explain the significance of a seal in a jurisdiction that has a statute providing for contracts under seal.
Statutes Dispensing With Consideration (CON24)
1. Distinguish between fact situations where a contract requires consideration and the exceptions where no consideration is required.
2. Analyze whether a statute dispensing with consideration applies to a particular fact pattern.
Implied Terms (CON25)
1. Distinguish between interpretation and implication.
2. Explain when a common law court will imply terms.
3. Give examples of how the UCC gap fillers are used to complete contracts.
Good Faith (CON26)
1. Define good faith.
2. Give examples of when good faith is required in common law contracts.
3. Distinguish between the two elements of good faith in the UCC.
Good Faith: Discussions in Contracts Podcast (CON26P)
1. Identify when good faith is applicable.
2. Distinguish between subjective and objective good faith.
Warranties (CON28)
1. Identify a UCC express warranty.
2. Give examples of the different implied warranties that may be found in a UCC contract.
3. Determine whether contract language is conspicuous.
4. Determine whether language is effective to disclaim a UCC implied warranty.
Interpretation of Contracts (CON35)
1. Describe the different tests courts use to determine whether to admit evidence of interpretation.
2. Explain the difference between objective and subjective meanings.
Anticipatory Repudiation and Assurances of Performance (CON36)
1. Determine when there has been an anticipatory repudiation.
2. Describe the non-breaching party's remedies when the other party breaches by anticipatory repudiation.
3. Analyze whether the elements of a demand for adequate assurance of performance have been satisfied in a particular fact situation.
Mutual Assent (CON37)
1. Differentiate between the objective theory of assent and the subjective theory.
2. Explain the importance of context in determining intent.
3. Give examples of the parties' intention to be bound or not to be bound by an agreement.
4. Recognize when a misunderstanding prevents mutual assent.
Discussions in Contracts: Mutual Assent Podcast (CON37P)
1. Describe the objective reasonable person standard applied to determine whether parties have manifested assent to a contract, particularly where a party has a different subjective intent, or social engagement is intended.
Invitations to Negotiate and other Expressions that are not Offers (CON38)
1. Distinguish between an offer and a preliminary negotiation.
2. Determine when an advertisement is an offer.
3. Determine when price quotes and invitations to bargain are offers.
4. Explain what constitutes the offer and the acceptance at an auction.
Discussions in Contracts: Invitations to Negotiate Podcast (CON38P)
1. Identify the four types of communications that are typically not offers, but rather invitations to negotiate: (i) advertisements; (ii) catalogues and price quotations; (iii) requests for bids; and (iv) an auctioneer beginning an auction.
2. Describe when an offer might be made in response to one of these types of communications.
Offer (CON39)
1. Define "offer."
2. Analyze the words used and the surrounding circumstances to determine whether a person has intended to make an offer.
3. Explain how a court may supply terms to make an offer more definite.
4. Determine whether an offer was communicated to the party who purports to accept it.
Duration of Offers (CON40)
1. Determine whether an offer is open at the time the offeree purports to accept it.
2. Identify the events that can terminate an offer.
3. Explain when a counteroffer is made by an offeree.
4. Give examples of situations where an offer is either revocable or not revocable.
Option Contracts and Firm Offers (CON41)
1. Define an "option contract."
2. Describe how an option contract is formed.
3. Give an example of a "firm offer" under UCC § 2-205.
An Introduction to Contract Remedies (CON42)
1. Explain where the rules of contract law come from.
2. Apply the principles of contract remedies to a particular fact situation.
Restitution (CON43)
1. Give examples of when restitution may be awarded where there is no contract.
2. Give examples of when restitution may be awarded when there is a contract.
3. Evaluate whether a breaching party may recover in restitution.
4. Describe how the amount of restitution may be calculated.
Express and Implied Contracts (CON44)
1. Define "implied-in-fact contract," "implied-in-law contract," and "express contract."
2. Distinguish between implied-in-fact contracts and implied-in-law contracts.
3. Distinguish between express contracts and implied-in-fact contracts.
4. Describe the circumstances in which an implied-in-law contract (quasi-contract) arises.
Bilateral and Unilateral Contracts (CON45)
1. Define "unilateral contract" and "bilateral contract."
2. Describe how an option contract is created when a promisor makes an offer to enter into a unilateral contract.
3. Give examples to show comprehension of the differences between 1) offers to be accepted by promise, 2) offers to be accepted by performance, and 3) offers to be accepted by either promise or performance.
Written Agreement Contemplated v. Written Memorialization (CON46)
1. Distinguish between a situation where the parties intend that a signed written agreement will merely memorialize a valid oral agreement and a situation where the parties intend not to be bound until they have signed a written agreement.
2. Evaluate the applicable factors to determine the intention of the parties in the situations described in Outcome 1.
3. Define "letter of intent."
Letters of Intent and Other Formal Preliminary Agreements (CON47)
1. Explain the concept of "preliminary agreement."
2. Analyze the language of a preliminary agreement to determine the extent to which each party has made a commitment.
3. Determine when the parties to a preliminary agreement may have an obligation to negotiate in good faith.
UCC Remedies: Seller's Remedies When Buyer is in Breach (CON48)
1. Distinguish between remedies available when the buyer has the goods and when the seller has the goods.
2. Explain the formulas for seller's resale remedy and seller's market remedy.
3. Articulate why there is a special rule for the lost volume seller.
4. Explain the remedies available when the buyer has given the seller a down payment.
UCC Remedies: An Introduction (CON49)
1. Distinguish between the U.C.C. regulatory rules and the U.C.C. default rules.
2. Evaluate authority as mandatory or persuasive.
3. Give examples of how the U.C.C. works in conjunction with the common law.
UCC Remedies: Buyer's Remedies When the Seller is in Breach (CON50)
1. Distinguish between remedies available when the seller has the goods and when the buyer has the goods.
2. Explain the formulas for buyer's cover remedy and buyer's market remedy.
3. Articulate when a buyer is entitled to incidental and consequential damages.
4. Explain the remedies available when the buyer has accepted the goods.
Cost of Completion (CON51)
1. Define the doctrine of "economic waste."
2. Evaluate whether a plaintiff is likely to recover the cost of completion or the diminution in value.
Reliance Damages (CON52)
1. Distinguish between reliance on a promise where there is no contract and reliance damages for breach of contract.
2. Apply the elements of Restatement § 90 to fact situations where there is no contract.
3. Determine which losses the non-breaching party can claim in reliance where there is a contract.
Reliance (Promissory Estoppel): Discussions in Contracts Podcast (CON52P)
1. Describe the basic requirements of a contract.
2. Recognize when promises may be enforceable based upon reliance when consideration is lacking.
3. List the requirements of promissory estoppel.
4. Apply the rule for promissory estoppel.
5. Discuss the remedy in promissory estoppel cases.
Substantial Performance (CON53)
1. Define substantial performance.
2. Explain the U.C.C. "perfect tender rule."
3. Apply the concept of substantial performance to particular fact situations.
Liquidated Damages (CON54)
1. Define liquidated damages.
2. Describe the circumstances in which a court is likely to enforce a liquidated damages clause.
3. Evaluate the policy arguments for and against enforcing liquidated damages.
Specific Performance (CON55)
1. Define specific performance.
2. Explain when a court is likely to award specific performance.
Expectation Damages (CON56)
1. Explain what is meant by expectation damages.
2. Calculate the expectation damages in a variety of fact situations.
Certainty (CON57)
1. Explain why courts require plaintiffs to prove damages to a reasonable certainty.
2. Give examples of the ways a plaintiff can make damages reasonably certain.
Certainty: Discussions in Contracts Podcast (CON57P)
1. Explain the concept of certainty in computing contract damages.
2. Identify when certainty is applicable.
3. Apply the certainty requirement.
Foreseeability (CON58)
1. Restate what happened in Hadley v. Baxendale.
2. Describe what it means that losses are foreseeable.
3. Explain how a party can shift the risk of a foreseeable loss it would otherwise bear.
Foreseeability: Discussions in Contracts Podcast (CON58P)
1. Apply the Hadley rules to determine whether the party in breach is liable for consequential damages.
2. Explain how a party can avoid liability for consequential damages.
Mitigation (CON59)
1. Define the concept of mitigation.
2. Explain why there is not a "duty" to mitigate.
3. Apply the concept of mitigation to particular fact situations.
Mitigation: Discussions in Contracts Podcast (CON59P)
1. Explain the limitation that mitigation puts on the non-breaching partys recovery.
2. State examples of mitigation from both the common law and the sale of goods under the U.C.C.
Overview and Sources of Contract Law (CON60)
1. Name the elements of a claim for breach of contract.
2. Explain the source of the Uniform Commercial Code (UCC) and why it is not uniform.
3. Distinguish transactions to which the UCC applies from transactions to which the common law applies.
4. Explain the source of the Restatement (Second) of Contracts.
5. Apply the concepts of "default rules" and "freedom of contract."
Discussions in Contracts: Overview and Sources of Contract Law Podcast (CON60P)
1. Explain the basic issues involved in a contract claim.
2. Identify the primary sources of contract law, the common law and Article 2 of the UCC.
3. Explain which law applies to what types of basic transactions.
Acceptance (CON61)
1. Describe the elements of an effective acceptance.
2. Explain the "mirror image" rule.
3. Distinguish between acceptance by promise, acceptance by performance, and acceptance by promise or performance.
4. Identify the party who can accept an offer.
5. Give examples of situations where silence can constitute acceptance.
6. Explain the effect of a rejection, a counter-offer, and an inquiry.
The Mailbox Rule (CON62)
1. Recall the "Mailbox Rule."
2. Explain the exceptions to the rule.
3. Describe how the rule applies to option contracts.
Indefiniteness (CON63)
1. Describe when an agreement with indefinite terms is enforceable under the common law.
2. Identify the "gap fillers" that make an agreement with indefinite terms enforceable under the UCC.
Battle of the Forms (UCC 2-207) (CON64)
1. Explain the common law "mirror image" rule.
2. Analyze whether a contract is formed under UCC § 2-207 in different fact situations.
3. Determine, when a contract is formed under UCC § 2-207, which terms are included in the contract.
Formation of Contracts under UCC Article 2 (CON65)
1. Explain when UCC Article 2 applies to a transaction.
2. Distinguish between formation of a contract under the common law and formation under Article 2.
3. Recognize when shipment is a reasonable method of acceptance.
4. Recognize when a "firm offer" has been made.
5. Distinguish between modification under the common law and modification under Article 2.
UCC § 2-206, Offer and Acceptance in Formation of Contract: Discussions in Contracts Podcast (CON65P)
1. State the default rules under UCC § 2-206(1).
2. Explain when an offeror can vary the default rules.
3. Give an example of the unilateral contract trick.
4. Apply the UCC rules to the shipment of conforming and non-conforming goods.
Assignment and Delegation (CON66)
1. Define the vocabulary used in assignment and delegation.
2. Explain when assignment and delegation are not permitted.
3. Select appropriate language to draft provisions that prohibit assignment and delegation.
Assignment and Delegation: Discussions in Contracts Podcast (CON66P)
1. Explain when contract rights may be assigned and when contract duties may be delegated.
2. Recognize an effective prohibition of assignment of rights or delegation of duties.
Consideration: The Basics of Consideration and the Bargain Theory (CON67)
1. Explain the meaning of "bargained-for exchange."
2. Give an example showing how consideration can be for the benefit of a third party.
3. Explain the concept of "adequacy of consideration."
4. Define "nominal consideration."
5. Explain how consideration applies to option contracts.
6. Give an example of consideration for multiple promises.
The Basics of Consideration and the Bargain Theory: Discussions in Contracts Podcast (CON67P)
1. Explain that the formation of a contract requires consideration or another justification for enforcing the agreement.
2. Describe the difference between the courts previous application of a benefit-detriment test as contrasted with modern courts evaluation of whether there is a bargained-for exchange to determine whether promises were supported by consideration
3. Apply the rule for bargained-for exchange as requiring a promise or performance sought by a party in exchange for the other partys promise or performance where the exchange is present on a reciprocal basis.
4. Identify situations where there is no consideration because there is a promise for a gift, past consideration, or nominal or sham consideration.
5. Discuss why courts do not typically inquire into consideration's adequacy, so bargains of unequal value are enforceable and not lacking consideration.
Accord and Satisfaction (CON68)
1. Distinguish between accord and satisfaction and other forms of discharge of contractual obligations.
2. Explain the various forms that consideration for discharge of an obligation can take.
3. Determine whether offer and acceptance have been complied with in the formation of an accord.
4. Apply the elements of UCC § 3-311 to a fact situation involving payment by check to determine whether an accord and satisfaction was reached.
5. Distinguish between a liquidated debt and an unliquidated debt.
6. Distinguish between an executory accord and a substituted contract.
Accord and Satisfaction: Discussions in Contracts Podcast (CON68P)
1. Explain when parties have entered into an effective accord.
2. Identify whether there has been an offer, an acceptance, and consideration.
3. Explain what happens when there is an effective accord, and if there is satisfaction when the debtor performs according to the terms of the accord.
Modification (CON69)
1. Distinguish between modification and other forms of discharge of contractual obligations.
2. Explain how the common law pre-existing duty rule applies to modifications.
3. Determine whether the modification of a contract is enforceable under the modern common law rule.
4. Determine whether the modification of a contract is enforceable under the UCC rule.
5. Analyze whether a no-oral-modification clause in a contract is enforceable.
6. Distinguish between modification and waiver.
7. Analyze whether a non-waiver provision in a contract is enforceable.
Agreements Lacking Consideration: Gift Promises (CON71)
1. Distinguish between a bargained-for exchange and a gift promise.
2. Distinguish between a gift promise and a gift.
3. Explain when charitable promises are enforceable.
Agreements Lacking Consideration: Gift Promises - Discussions in Contracts Podcast (CON71P)
1. Explain why for there to be a contract, there must be consideration or another justification for enforcing the agreement.
2. Explain why promises to make a gift are not supported by consideration.
3. Apply the rule for bargained-for exchange.
4. Identify situations where theres no consideration because there is a promise of a gift.
Agreements Lacking Consideration: Past Consideration and Moral Obligation (CON72)
1. Define "past consideration."
2. Give examples of when a moral obligation may be sufficient to support a promise.
3. Give examples of when a voidable contract becomes enforceable.
Agreements Lacking Consideration: Past Consideration and Moral Obligation - Discussions in Contracts Podcast (CON72P)
1. Explain that for there to be a contract, there must be consideration or another justification for enforcing the agreement.
2. Explain and apply the rule for bargained-for exchange.
3. Explain and apply the rule that promises that are based on a benefit previously received are not supported by consideration but are referred to as having past consideration or moral obligation.
4. Identify situations where there is no consideration because of the past nature of the benefit, but that the promise may nevertheless be enforceable under the material benefit rule where a promise is made after the promisee conferred a benefit on the promisor and it would be unjust not to enforce the promise.
Consideration: Advanced Issues (CON73)
1. Distinguish between situations where consideration is bargained-for and situations where it is not.
2. Explain when there is consideration for release of an invalid claim.
3. Distinguish between illusory contracts and a) satisfaction clauses, b) implied obligations, and c) output and requirements contracts.
CISG Basics: Scope and General Provisions (CON74)
1. Determine when the CISG applies to a transaction.
2. Explain how the CISG parol evidence rule differs from the Article 2 parol evidence rule.
CISG Basics: Formation (CON75)
1. Compare and contrast the CISG rules on offer and acceptance with the UCC rules.
CISG Basics: Performance (CON76)
1. Compare and contrast the CISG rules on performance with the UCC rules.
Impossibility, Frustration, and Impracticability (CON77)
1. Distinguish between impossibility, frustration of purpose, and impracticability.
2. Evaluate situations where the risk of a particular contingency has been allocated to one of the parties either expressly by agreement or impliedly.
3. Analyze a fact scenario to determine to whether performance has become impossible, impracticable or frustrated.
4. Determine the appropriate remedy when the obligation of a party has been discharged.
Risk of Loss (CON78)
1. State the default rules for risk of loss in the absence of breach.
2. State the default rules for risk of loss when the seller or the buyer is in breach.
3. Demonstrate how the parties can change the default rules by agreement.
Installment Contracts (CON79)
1. Define "Installment Contract" as the term is used in the UCC.
2. Distinguish between nonconformity in an installment and breach of the whole contract.
3. Explain why there is an exception to the "perfect tender rule" for installment contracts.
Rescission (CON80)
1. Define rescission.
2. Distinguish between mutual rescission, rescission by one of the parties, and rescission as a remedy used by a court.
3. Explain how a court uses principles of restitution when rescinding a contract.
Promises, Conditions, Warranties, and Representations (CON81)
1. Distinguish between a promise, a condition, a warranty, and a representation.
2. Recognize these concepts when they are used in a contract.
3. Explain the legal effect of each concept.
4. Determine which concept to use when drafting a term in a contract.
Discussions in Contracts: Federal Jurisdiction Podcast (CON82P)
1. Determine how a federal court gets jurisdiction for a case.
2. Determine what law that court will use in deciding the issue.
3. Explain how this information is useful when conducting legal research.
Hybrid Transactions (CON84)
1. Analyze relevant statutes and Comments.
2. Determine whether a transaction is a hybrid transaction.
3. Determine whether the sale of goods aspect or other aspect predominates.
4. Choose the law to apply to each aspect of the transaction.
Electronic Transactions Under the 2022 UCC Amendments (CON85)
1. Distinguish between a "writing" and a "record" under Article 2.
2. Determine what constitutes a "signature" under Article 2.
3. Determine whether a transaction in electronic form satisfies the statutory requirements.
Understanding the Uniform Electronic Transactions Act (UETA) (CON86)
1. Determine whether UETA applies to a transaction.
2. Determine whether parties have intended to conduct a transaction by electronic means.
3. Recognize when an electronic signature is effective.
4. Recognize when an electronic record is effective.
Silence as Acceptance: Discussions in Contracts Podcast (CON87P)
1. Explain that silence is almost never acceptance and that the presumption is against silence is being acceptance.
2. Identify and apply the exceptions to this rule whereby silence can be acceptance:
  1. The offeree takes a benefit with the reasonable opportunity to reject it and an expectation of compensation.
  2. Where there is prior conduct indicating an offeree should be bound by silence.
  3. Where the offeror indicates silence can be acceptance and the offeree intends to accept.
  4. Where there is an exercise of dominion by the offeree of the offeror's property.
Fiduciary Duties: Meinhard v. Salmon (CORP38)
1. State the majority decision in Meinhard v. Salmon.
2. Explain the reasoning of the majority decision.
3. List the major points of the dissent.
4. Analyze whether the broad fiduciary obligations of Cardozo (majority) are better than the narrower fiduciary obligations of Andrews (dissent)?
5. Examine the application of Coasean irrelevance.
6. Examine the role of transaction costs.
Fixation Requirement (CPY01)
1. Define the fixation requirement.
2. Explain the importance of fixation and its requirements.
3. Define "copies" under the Copyright Act.
4. Determine whether something is a "material object" under the Copyright Act.
5. Explain what a "phonorecord" is.
6. List the rules defining sufficient "fixation in a tangible medium of expression" to trigger copyright protection under the Copyright Act.
Joint Works (CPY02)
1. Distinguish between joint works, collective works, and derivative works.
2. Define the difference between a joint work and a jointly owned copyright.
3. Explain when joint work status is determined.
4. List what we know about a work when it is labeled a joint work.
5. Explain the rights of the individual authors of a joint work.
6. Explain what an owner of a joint work can do with a work's exclusive rights.
Copyright Duration (CPY03)
1. Explain the consequence of the dual system of copyright protection that existed before 1978.
2. Explain the renewal process before and after 1991.
3. Describe the significance of Stewart v. Abend.
4. List the four categories of duration.
5. Calculate the duration of a work in each category of duration.
Suspendatur! (CRIM03)
1. Review Criminal Law issues addressed in the basic first year course in criminal law.
2. Distinguish between manslaughter and murder under common law.
3. Review fact patterns addressing crimes of rape, assault, and incest under the Model Penal Code.
4. Distinguish between reckless homicide and negligent homicide under the Model Penal Code.
5. Distinguish between strong and weak arguments for both the prosecution and the defense.
The Mens Rea of Purpose (CRIM04)
1. Define "purpose" according to the Model Penal Code.
2. Explain the notion of purpose as the actor's "conscious object" to engage in the prohibited conduct or to cause the prohibited result.
3. Analyze the difference between knowledge and purpose.
4. Explain the challenges of proving purpose.
5. Restate some of the rationales for imposing the most severe punishments on the purposeful actor.
The Mens Rea of Recklessness (CRIM05)
1. Define "mens rea of recklessness" under the Model Penal Code.
2. List the two essential components of the MPCs definition of mens rea of recklessness.
3. Discuss those mental states associated with greater and lesser culpability from that of "conscious disregard."
4. Analyze the nature of the risk at issue in recklessness, including the MPC terms "substantial" and "unjustifiable."
The Mens Rea of Negligence (CRIM06)
1. Define "mens rea of negligence" under the Model Penal Code.
2. List the two components of the MPCs definition of mens rea of negligence.
3. Analyze the concept of "failure to perceive" a risk that should have been perceived.
4. Express the rationale for imposing punishment only rarely on an actor whose mental state involves no more than the failure to perceive a risk.
5. Explain the nature of the risk at issue in negligence, including the Code terms "substantial" and "unjustifiable."
6. Differentiate between the MPCs objective and subjective perspectives to evaluate an actors risky behavior.
The Mens Rea of Knowledge (CRIM07)
1. Define "mens rea of knowledge" according to the Model Penal Code.
2. Explain the theory of punishment for a requirement that an offender be knowing in her conduct before punishment will be imposed.
3. Distinguish knowing conduct from conduct that is merely reckless.
4. List the hierarchy of mens rea under the Model Penal Code.
5. Recognize the impact of attendant circumstances on an actors knowledge.
6. Analyze the proof of the element of knowledge with permissive inference that the defendant acted "knowingly."
Constitutional Limitations: 8th Amendment (CRIM08)
1. Quote the Eighth Amendment.
2. Describe the general overview of the Eighth Amendment as it applies to substantive criminal law.
3. Explain the Eighth Amendments scope through the prohibition on cruel and unusual "punishments" not "punishment."
4. State the importance of Ingraham v. Wright.
5. Analyze the significance of the proportionality requirement to substantive criminal law.
6. Explain the significance of the "cruel and unusual punishments" clause as a backbone for the entire law of punishment.
7. Distinguish the Eighth Amendments prohibition on the "infliction" of cruel and unusual punishments, not their imposition.
8. Discuss the Eighth Amendment's possible and actual reach.
Constitutional Limitations: Legality (CRIM09)
1. Explain the principle of legality: legislativity, prospectivity, specificity, and lenity.
2. Discuss the issues of legality related to constitutional foundations; applicability to the states; and applicability to the making or the interpretation of criminal laws.
3. Analyze the applicability to criminal and civil law, and to substantive and procedural criminal law.
Presumption of Innocence (Burden of Proof and Presumptions) (CRIM10)
1. Discuss the constitutional limitations on the assignment of burdens of proof.
2. Define burden of production.
3. Define burden of persuasion.
4. Define what it mean to have proved an element beyond a reasonable doubt.
5. Identify the creation of evidentiary presumptions.
Punishment: Theories (CRIM11)
1. Recall the two questions that theories of punishment address.
2. Explain the importance of understanding punishment theories to society.
3. Explain the four standard theories of punishment: retribution, deterrence, incapacitation, and rehabilitation.
4. Discuss the basic features of each theory in the context of particular statutory provisions.
5. Analyze the theories in the context of the law of crimes (substantive criminal law) and the law of punishments (sentencing law).
Excuses I: Duress, Entrapment, Mistake (CRIM12)
1. Discuss the three preconditions of criminal liability, including violation of a criminal statute, absence of justification, and absence of excuse.
2. Explain the three palatable excuse defenses.
3. Analyze the two principles of entrapment: subjective entrapment and objective entrapment.
Excuses II: Insanity and Infancy (CRIM13)
1. Explain why insanity and infancy bar the assignment of responsibility on a general incapacity to abide by the criminal law.
2. Analyze the issue of evidence of mental defect which may be relevant on two issues: voluntariness (actus reus) and mode of culpability (mens rea).
3. Discuss insanity as a third-level defense, an excuse.
Sources of Criminal Law (CRIM14)
1. Explain the role of the three branches of government in the making of criminal law.
2. Explain why the model penal code is studied.
Actus Reus (CRIM15)
1. Discuss the act requirement in criminal law.
2. Identify the four parts of the act requirement: act, voluntariness, omission, and possession.
3. Analyze the requirement that criminal liability cannot be imposed without some act.
4. Apply an exception to the act requirement: liability for an omission.
5. Differentiate between implicit and explicit omission liability.
6. List two sources of duties, where their neglect can give rise to omission liability.
Causation (CRIM16)
1. Discuss an overview of the concept of causation.
2. Distinguish between result offenses and conduct offenses.
3. Analyze the distinction between factual cause and legal cause.
4. State the Model Penal Code causation standard found in § 2.03.
5. Explain how the Model Penal Code handles the common law legal fiction of transferred intent.
6. Analyze the distinction between causation in general and mens rea and attempt.
7. Research your states rule for tying causation explicitly to mens rea with regards to strict liability offenses.
Self-Defense (CRIM17)
1. Identify the four elements of the defense of self-defense.
2. Explain that a defendant must not be an aggressor for these general principles to apply.
3. Analyze the Model Penal Code limits on the use of deadly force.
Justification Defenses: Excuse Defenses Distinguished (CRIM18)
1. Discuss the basic distinction between the justification defense and the excuse defense, including differences between the Model Penal Code and modern views.
2. Identify the three ordered questions bearing on criminal liability.
3. Explain when self-defense is permissible.
Battered Woman's Syndrome (CRIM19)
1. List the four essential elements of the defense of self-defense.
2. Discuss the varying circumstances and the issues raised with respect to the possibility of a defendant invoking the defense of self-defense.
3. Explain the use of experts and jury instructions.
4. Analyze the defense in situations involving battered husbands, elderly parents, and children.
Duty to Retreat (CRIM20)
1. Explain the common law view and the current status of the duty to retreat.
2. Analyze the exceptions to the requirement of retreat.
3. Provide examples of the appropriate instructions to the jury on the duty to retreat.
Defense of Others (CRIM21)
1. Discuss the relationship of the defense of others to old common law defenses.
2. Contrast the common law rules relating to the defense of others with the Model Penal Code provisions.
3. Analyze the duty to retreat in the context of the defense of others.
Minimum Culpability Requirements Under the Model Penal Code (CRIM22)
1. Discuss several sections of the Model Penal Code (MPC) § 2.02 relating to minimum culpability requirements.
2. Identify the MPC rules that require a state of mind as to every material element of an offense.
3. Describe the terminology of the MPC, including elements, material elements and the various states of mind.
Ambiguous Culpability Requirements (CRIM23)
1. Discuss the default rules for interpreting statutes that have ambiguous culpability requirements.
2. Describe the general rule, found in § 2.02(4).
3. Explain that reckless is the minimum culpability if the prescribed state of mind does not extend to a material element.
4. Explain how the legislature expresses a contrary purpose.
5. Apply default rules relating to states of mind.
Mistake Under the Model Penal Code: Mistake as to Elements of Offenses (CRIM24)
1. Discuss how ignorance or mistake of fact or law affects an actor's criminal responsibility under the Model Penal Code.
2. Describe the relationship between the required state of mind and mistake.
3. Explain how the MPC deals with claims of ignorance and mistake in contrast to the common law.
4. Apply the MPC rules regarding ignorance of law and mistake as to an element of an offense to any statute.
Mistake as to the Law Defining the Offense (CRIM25)
1. Discuss the relevance of the maxim, "ignorance of the law is no excuse," under the Model Penal Code.
2. State the limited defense found in Model Penal Code § 2.04(3).
3. Explain the issue of mistakes or ignorance as to the law defining the offense itself.
4. Analyze the limited instances which allow a mistake defense as to the law defining the offense.
Concurrence (CRIM26)
1. Define the common law doctrine of concurrence.
2. Explain the distinction of concurrence from the related doctrines of causation and mistake.
3. Explain motivational concurrence.
4. Analyze concurrence as to attendant circumstances.
The Mens Rea of Attempts (CRIM27)
1. State the Model Penal Codes definition of criminal attempt.
2. Explain the Model Penal Codes affirmative defense of renunciation of criminal purpose.
3. Discuss the law of attempts.
4. Explain how the punishment of an attempt should compare to that for a completed offense.
5. Analyze the mens rea for an attempted offense, including the distinction between knowledge and purpose.
Accomplice Liability - Actus Reus Requirement (CRIM28)
1. Discuss the common law actus reus requirement of accomplice liability and how modern rules vary from the common law requirements.
2. Analyze the common law issues of providing tools and being present regarding accomplice liability.
3. Identify the three situations in which a person can be regarded as "legally accountable" for the conduct of another, and therefore guilty of complicity under the MPC.
Mistake Under the Model Penal Code: Mistake as to Defenses (CRIM30)
1. Discuss how ignorance or mistake as to an element of a defense is treated under the Model Penal Code.
2. Analyze the MPC Commentary to explain the rules and policy behind mistake as to defenses.
3. State the rule of self-defense under MPC § 3.04 and § 3.09.
4. State the "choice of evils" defense under MPC § 3.02.
5. Explain the MPC theme of punishing defendants at the level of their personal culpability.
Consent (CRIM32)
1. Describe the theories explaining why American criminal law has difficulty considering consent as a defense.
2. Discuss two varieties of consent as a defense distinguished by the Model Penal Code.
3. Identify the basics of the law of (definitional) consent.
4. Analyze the two varieties of consent: one explicit and specific, the other implicit and general.
Introduction to Homicide (CRIM33)
1. Discuss the distinction between criminal and noncriminal homicide.
2. Identify the elements of homicide.
3. Analyze the varying degrees of homicide.
4. Apply the basic concepts of actus reus, mens rea, and causation.
Omissions (CRIM34)
1. Discuss the concept of criminal culpability for omissions.
2. Discuss the requirement of the "duty to act."
3. Analyze the circumstances under which criminal responsibility can be imposed for omissions.
4. Explain the justifications for imposing punishment for omissions.
Accomplice Liability - Definitional Issues (CRIM35)
1. Quote the common law definitions of the four separate and distinct types of individuals involved in crimes: the principal in the first degree, the principal in the second degree, the accessory before the fact, and the accessory after the fact.
2. Contrast the common law definitions that applied to accomplices and modern approaches to complicity.
3. Explain the definitional issues related to accomplice liability under common law and the Model Penal Code.
4. Explain the legal consequences that attach to those definitional issues.
5. Distinguish the rules relating to the criminal responsibility of accomplices for a misdemeanor and a felony.
Accomplice Liability - Mens Rea (CRIM36)
1. Discuss the criminal responsibility of accessories by focusing on the mens rea requirement.
2. Compare the basic mens rea requirements under the common law and the Model Penal Code
3. Explain what happens when the principal actor's mens rea varies from that of the accomplice.
4. Analyze the MPC that focuses on whether plaintiff had the "purpose of promoting or facilitating commission of the offense."
Homicide (Murder) (CRIM37)
1. Explain how the crime of homicide was handled under common law.
2. Discuss how the crime of homicide is handled under the Model Penal Code.
3. Define malice aforethought under common law and in accordance with common notions.
4. Analyze how modern statutes alter the common law formulation, and the reasons and justifications for the alterations.
5. Provide an example from a jurisdiction that divides the crime of murder into degrees.
Homicide (Murder by Degrees) (CRIM38)
1. Examine how some modern statutes divide the crime of murder into degrees to see when and how they apply.
2. Discuss the types of factors that might be used to aggravate a homicide from second degree murder to first degree murder.
3. Analyze the elements of premeditation and deliberation used in many states to aggravate a homicide to first degree.
Homicide (Unlawful Act Manslaughter) (CRIM39)
1. Define the crime of manslaughter under common law.
2. Define the crime of manslaughter under modern criminal statutes.
3. Define the felony murder doctrine under common law.
4. Define the unlawful act manslaughter doctrine under common law.
5. Discuss some of the concerns about the unlawful act manslaughter doctrine.
6. Analyze how some states limit application of the unlawful act manslaughter doctrine.
Homicide (Defining Death and Life) (CRIM40)
1. Examine the definitions of "death" and "life" for purposes of the law of homicide.
2. Discuss the concept that homicide is a result crime that cannot be committed unless the death of a person results.
3. Contrast the two methods for determining when an individual is considered "dead": (1) heartbeat and respiration; and (2) brain dead.
4. Analyze how modern jurisdictions have modified the common law in various ways regarding an unborn fetus.
Homicide (Felony Murder) (CRIM41)
1. Define murder under common law.
2. State the mens rea requirement for felony murder.
3. Compare the application of the felony murder doctrine at common law and under modern codes.
4. Analyze how modern courts and legislatures have modified or altered the common law approach to felony murder.
5. Discuss the Model Penal Codes approach to the felony murder doctrine.
Homicide (Causation) (CRIM42)
1. Analyze the concept of causation (both actual and legal) to determine when, and under what circumstances, a defendant should be criminally accountable for the death of another.
2. Define a "result" crime.
3. Examine the Model Penal Code approach to causation, and explore causation issues.
4. Analyze an essential element of legal causation that involves consideration of whether there are intervening causes (intervening between defendant's conduct and the result).
Homicide (Involuntary Manslaughter) (CRIM43)
1. State the common law definition of manslaughter.
2. Explain the technical requirements of the common law crime of manslaughter.
3. Examine the Model Penal Code's reformulation of the crime of manslaughter, as well as other modern statutory reformulations.
4. Analyze the reasons and justifications for the MPC alterations from the common law.
5. Compare the crime of involuntary manslaughter with the tort of negligence.
6. Discuss the mental state required for the crime of involuntary manslaughter.
7. Apply involuntary manslaughter principles to a fact pattern.
Homicide (Causation - Part II) (CRIM44)
1. Discuss the Model Penal Code's approach to causation.
2. State the provisions and elements of MPC § 2.03.
3. Define the "but for" test.
4. Identify the MPC four basic mental states in relation to the issues of causation.
5. Analyze the MPC approach to strict liability offenses that is different than for crimes that involve the mens rea of purpose, knowledge, recklessness or negligence.
Fourth Amendment Overview (CRMPRO01)
1. Quote the portion of the Fourth Amendment covering searches and seizures.
2. List the requirements for a warrant to be validly issued.
3. Explain the two predicate requirements for application of the Fourth Amendment.
4. Illustrate when governmental officials act reasonably in searching or seizing without a warrant.
Marriage and Same-Sex Marriage in Constitutional Law (CST09)
1. Restate the Supreme Court's analysis in Hollingsworth v. Perry, United States v. Windsor, and Obergefell v. Hodges.
2. Apply Loving v. Virginia and other Court holdings to new fact patterns.
3. Explain the legal background leading to Hollingsworth v. Perry.
4. Explain the legal events leading to United States v. Windsor.
5. Examine DOMA and the Fifth Amendment's Due Process Clause and the Fifth Amendment's Equal Protection Clause.
6. List the "four principles and traditions" that the Supreme Court cited in support of its finding in Obergefell v. Hodges.
7. Distinguish Obergefell v. Hodges from later cases.
Incorporation of Constitutional Rights (CST11)
1. Articulate the constitutional doctrine of "selective incorporation" of provisions of the Bill of Rights as applicable to the states through the Fourteenth Amendment.
2. Be familiar with which specific provisions in the Bill of Rights have been incorporated through the Fourteenth Amendment and those that have not been incorporated.
3. Articulate and apply the test for incorporation of provisions of the Bill of Rights through the Fourteenth Amendment.
Race and Equal Protection (CST12)
1. Recognize important aspects of the constitutional history before and after the Equal Protection Clause of the Fourteenth Amendment.
2. Articulate and apply the current standard for evaluating racial classifications.
3. Articulate and apply the current standard for determining whether an apparently nonracial classification should be evaluated as a racial classification.
Affirmative Action and Equal Protection (CST13)
1. Recognize important aspects of the constitutional development of affirmative action.
2. Articulate and apply the constitutional doctrine regarding affirmative action racial classifications, especially in the areas of government contracting and education.
3. Articulate and apply the constitutional doctrine regarding racial classifications as part of the political process, including prohibitions of affirmative action and redistricting of voting districts.
Equal Protection and the Federal Government: Reverse Incorporation (CST14)
1. Articulate and apply the constitutional doctrine of "reverse incorporation" of the Fourteenth Amendment's Equal Protection Clause made applicable to the federal government.
Commercial Speech - First Amendment (CST15)
1. Analyze the issues of commercial speech in the context of the First Amendment
2. Describe the cases in which the category of commercial speech moved to the protection of the First Amendment.
3. Discuss the case of Central Hudson Gas & Electric Corp. v. Public Service Commission and its importance in commercial speech cases.
Classification of Collateral I: Discussions in Secured Transactions Podcast (CT11_05_01P)
1. Describe how a secured creditor goes about describing the collateral in the security agreement, including by specific listing, category, and type of collateral defined in the Uniform Commercial Code.
2. Describe and identify the tangible property definitions for goods: inventory, farm products, consumer goods, and equipment.
Classification of Collateral II: Discussions in Secured Transactions Podcast (CT11_05_02P)
1. Describe how a secured creditor goes about describing the collateral in the security agreement, particularly when using a type of collateral defined in the Uniform Commercial Code.
2. Describe and identify the intangible and quasi-intangible property definitions: accounts, chattel paper, commercial tort claims, deposit accounts, instruments, documents, investment property, general intangibles, letter of credit rights, and money.
Creating a Security Interest Overview: Discussions in Secured Transactions Podcast (CT11_07P)
1. Describe the process by which a secured creditor could attach its security interest to collateral, thus making it enforceable against the debtor.
2. Identify the key elements of attachment: (i) value given; (ii) debtor having rights in the collateral and; (iii) satisfaction of one of the alternative conditions, most often having a security agreement signed by the debtor.
Security Agreements: Discussions in Secured Transactions Podcast (CT11_08P)
1. Describe the process by which a secured creditor can attach its security interest to collateral, thus making it enforceable against the debtor.
2. Identify the key elements of attachment: (i) value given; (ii) debtor having rights to the collateral; and (iii) proof of a security agreement by satisfaction of one of the alternative conditions.
3. Recognize the alternative conditions that satisfy the third element needed to attach a security interest, most often having a security agreement signed by the debtor.
Priority Between a Secured Party and a Party with a Lien: Discussions in Secured Transactions Podcast (CT11_26P)
1. Identify a judicial lien creditor.
2. Identify a creditor with a lien arising by operation of law.
3. Identify, a creditor with an agricultural lien.
4. Explain when the IRS will levy a tax lien.
5. Determine whether the lien or a security interest has priority in the collateral.
Priority Between Secured Parties: Discussions in Secured Transactions Podcast (CT11_28P)
1. State the rule in § 9-322(a)(1).
2. Explain an exception to the rule of first to file or perfect.
3. Discuss what happens between two unperfected secured creditors.
4. Discuss what happens between two perfected secured creditors.
5. Explain the difference of categorizing the goods as consumer goods or inventory.
Special Attachment Rules I: Retention of Title and Consignments: Discussions in Secured Transactions (CT11_40P)
1. Define a security interest.
2. Define the term consignment.
3. Describe and identify two types of transactions that create security interests even though the parties dont explicitly provide for one.
4. List the three elements required of § 9-203, which makes a security interest enforceable.
5. Explain when Article 9 governs a consignment.
Special Attachment Rules II: Sales of Accounts, Chattel Paper, Promissory Notes, and Payment Intangibles: Discussions in Secured Transactions (CT11_41P)
1. Describe and identify the types of sale transactions that create security interests even though the parties dont explicitly provide for one.
2. Recognize when a transaction creates a security interest because it is within the scope for sales of accounts, chattel paper, promissory notes, and payment intangibles brought within Article 9 pursuant to § 9-109.
3. Discuss the implications of a transaction being brought within the scope of Article 9.
Value and Rights in the Collateral: Discussions in Secured Transactions (CT1_10P)
1. Recall the definition of a security interest as provided in U.C.C. § 1-201(35).
2. Identify two of the key elements of attachment of a security interest: (i) value given; and (ii) the debtor having rights to the collateral, per U.C.C. § 9-203.
3. Describe the various ways one can satisfy the value requirement as provided in U.C.C. § 1-204.
4. Describe the various ways in which the debtor can have rights to the collateral.
Purchase Money Security Interests Part II: Discussions in Secured Transactions Podcast (CT20_01P)
1. Define the rule of attachment under the rules of § 9-203.
2. Explain what a seller or lender must do under § 9-103 to create a PMSI.
3. State the importance of § 9-309 on a PMSI in consumer goods.
4. Discuss the exception to automatic perfection.
5. Discuss the superpriority rules of § 9-324.
6. Provide an example of the application of § 9-317.
7. Explain a priority contest with a judicial lien creditor or bankruptcy trustee.
8. Define the yard sale rule under § 9-320(b).
9. Describe the effect of priority rules for fixtures in § 9-334 if the security interest is a PMSI.
Power to Transfer Rights and Entrustment Under § 2-403: Discussions in Secured Transactions (CT23P)
1. Describe and apply how § 2-403 recognizes rights to collateral sufficient for the creation of a security interest.
2. Identify when § 2-403(1) permits a party with voidable title to transfer rights to a good faith purchaser for value (including a secured party).
3. Explain how the entrustment rule of § 2-403(2) sometimes permits a merchant dealing in goods of the kind to transfer good title to goods entrusted to them to a buyer in ordinary course of business.
Student Speech (ED01)
1. Explain the legal standards that apply to student speech.
2. Identify which legal standards apply to different types of student speech.
3. Analyze fact patterns based on the relevant legal standards.
Freedom of Speech for Public School Employees (ED02)
1. Explain the legal standards that apply to freedom of speech issues for public school employees.
2. Identify which legal standards apply to different types of freedom of speech issues for public school employees.
3. Analyze fact patterns based on the relevant legal standards.
Bottom Line Defense (EMPD01)
1. Define the "bottom line" defense, in the context of employment discrimination theory under Title VII.
2. State the holding in Griggs v. Duke Power.
3. State the holding in Connecticut v. Teal.
4. Analyze when disparate IMPACT analysis or disparate TREATMENT analysis is appropriate.
Citizen Suits Under the Clean Water Act (ENV01)
1. Discuss when a citizen may commence a civil action under the Clean Water Act..
2. Explain the Clean Water Act provision that includes a limited waiver of sovereign immunity that authorizes certain suits against the United States and its agencies for injunctive or declaratory relief.
3. Analyze situations that will preclude the commencement of a citizen suit for civil penalties under Section 505 of the Clean Water Act.
Superfund Basics (ENV02)
1. Explain the differences between a removal action and a remedial action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), known also as Superfund.
2. Discuss under what circumstances Section 104 authorizes EPA to respond to releases or substantial threats of releases.
3. Analyze under what circumstances EPA can issue an administrative order under Section 106(a) that requires liable parties to undertake removal actions that are necessary to protect health and welfare and the environment.
4. Describe the four broad categories of "persons" under which Section 107(a) of CERCLA imposes liability.
5. Discuss the three affirmative defenses to liability provided by Section 107 of CERCLA..
Wetlands Basic (ENV03)
1. Analyze the definition of "wetlands" as defined by the EPA and the U.S. Army Corps of Engineers.
2. Describe situations in which Section 404(f)(1) of the Clean Water Act exempts the discharge of dredged or fill material from normal farming.
3. Explain which federal agencies must be provided a copy of a permit application under Section 404 for review and comment.
4. Discuss the public interest regulations and what the Corps of Engineers is required to do.
NEPA Basics (ENV04)
1. Discuss the goals of NEPA (the National Environmental Policy Act).
2. Analyze the major procedural requirement that NEPA imposes on federal agencies, that is, the environmental impact statement requirement.
3. Identify the information that must be included in an EIS (Environmental Impact Statement) when an EIS is required.
4. Analyze the steps in the development of an EIS.
Clean Water Act Jurisdiction (ENV05)
1. Identify some of the elements that must be met before Federal agencies can force a person or business to comply with the Federal Clean Water Act.
2. Discuss some of the elements of Clean Water Act jurisdiction under subsection (A) and subsection (B) of the statutory definition of "discharge of a pollutant."
3. Explain the Clean Water Act's definition of "point source" and its importance in the Clean Water Act.
4. Analyze the case of Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers (SWANCC) regarding "navigable waters."
Clean Water Act Permitting Basics (ENV06)
1. Discuss the two ways in which a discharge of a pollutant falls within the prohibition of the Clean Water Act.
2. Identify the three Clean Water Act permitting programs and the sources of terms in the permits.
3. Analyze the protections that Clean Water Act permits give to the permittees.
ESA Basics (ENV07)
1. Discuss the fact that the protections under the Endangered Species Act (ESA) do not apply until a species is listed pursuant to section 4.
2. Explain the ESA listing process and the critical habitat designations.
3. Analyze the ESA section 9 general prohibitions respecting endangered and threatened species.
RCRA Solid Wastes (ENV08)
1. Analyze the Resource Conservation and Recovery Act (RCRA) definition of "solid wastes" as discarded materials.
2. Explain why solid or dissolved material in domestic sewage are exempt from RCRA regulation.
3. Discuss the relationship between RCRA "solid wastes" and recycling.
RCRA Hazardous Wastes (ENV09)
1. Analyze some of the Environmental Protection Agency (EPA) regulations that identify hazardous wastes for purposes of the Resource Conservation and Recovery Act (RCRA).
2. Discuss the "mixture rule."
3. Explain the "derived-from rule."
Regulated Sources Under the Clean Air Act (ENV10)
1. Discuss the two categories of sources that emit air pollutants under the Clean Air Act.
2. Define stationary sources as all non-mobile sources of air pollutants, such as buildings, structures, and facilities.
3. Define mobile sources as vehicles, especially motor vehicles, nonroad vehicles, and aircraft.
Clean Air Act Stationary Sources and Criteria Pollutants (ENV11)
1. Identify the seven criteria pollutants currently designated under the Clean Air Act.
2. Explain the air quality standards that the EPA established, based on the air quality criteria, as the National Ambient Air Quality Standards (NAAQS).
3. Discuss emissions standards imposed on stationary sources that emit criteria pollutants including the individual states Air Quality Control Regions (AQCRs) status, the stationary source's status (new or existing), and the amounts of specific criteria pollutants that the stationary source is emitting.
Clean Air Act Stationary Sources and Hazardous Air Pollutants (ENV12)
1. Explain section 112 of the Clean Air Act that governs the emissions standards for stationary sources of hazardous air pollutants (HAPS).
2. Define "stationary source" for purposes of section 112.
3. Discuss what a "major source" of HAPs is for purposes of section 112 and what requirements apply to such major sources.
4. Analyze what an "area source" of HAPs is for purposes of section 112 and what requirements apply to such areas sources.
Introduction to International Law for Environmental Law Students (ENV13)
1. Define customary international law as generally accepted principles and rules of law, even if those principles have not been written into a treaty or other agreement.
2. Analyze the two requirements that a rule or principle must meet to be accepted as customary international law.
3. Describe the kinds of situations that are likely to prompt nations to enter into international treaties to resolve environmental problems.
International Environmental Law: Implementing the Convention on International Trade in Endangered Species (CITES) in the United States (ENV14)
1. Identify the four main reasons that nations enter into treaties to protect species and their habitat.
2. Describe the basic framework of the Convention on International Trade in Endangered Species (CITES).
3. Describe how the United States became a party to CITES.
4. Identify which federal statute within the United States implements CITES.
Waters of the United States (ENV40)
1. Demonstrate an understanding of the Court's decision in Sackett v. EPA.
2. Define "navigable waters" under the Clean Water Act.
3. Demonstrate an understanding of the Court's ruling in United States v. Riverside Bayview, 474 U.S. 121 (1985).
4. Demonstrate an understanding of Solid Waste Agency of Northern Cook County v. Army Corps of Engineers.
5. State the primary arguments of the majority, concurrence, and dissent of Rapanos v. United States, 547 U.S. 715 (2006).
Impeachment and Rehabilitation of Witnesses (EVD07)
1. List instances where judges have discretion to permit wide-ranging cross-examination.
2. Apply FRE Rule 403.
3. Explain when extrinsic evidence is permitted.
4. Define the "independent relevance" test.
5. Apply FRE Rule 608(b).
6. Apply FRE Rule 609(a)(2).
7. Apply FRE Rule 801(d).
Custody Disputes (FAM01)
1. Explain why all states use some variation of the best interest of the child standard in custody disputes using a multitude of factors.
2. Discuss how most states use the primary caretaker as part of the best interest standard and not as a separate presumption.
3. Analyze and apply controversial factors related to custody disputes including race, religion, physical condition, and parental conduct and lifestyle.
Support Jurisdiction (FAM02)
1. Discuss the two statutes governing spousal and child support jurisdiction and their respective roles.
2. Analyze the provisions controlling when a state can exercise jurisdiction over child and spousal support, and apply them to determine proper jurisdiction in a case.
3. Compare the jurisdictional requirements for initial orders versus modification orders.
Child Custody Modification (FAM04)
1. Discuss the standards for modifying child custody orders and the policies underlying the same.
2. Describe the three ways in which the initial order of custody can be reached.
3. Explain the general standard of proof in custody modification cases.
Compensatory Spousal Payments under the ALI Principles (FAM06)
1. Discuss some of the issues of the topic more commonly known as alimony, spousal support, or maintenance.
2. Explain the relevance of the American Law Institute's Principles of the Law of Family Dissolution to the area of compensatory spousal payments.
3. Explain the difference between a Principle and a rule of statewide application in awarding compensatory spousal payments.
4. Analyze the issues of awards that recognize disparities in the spouses' earning capacities.
Paternity and Legitimacy (FAM07)
1. Compare and contrast state statutes regarding paternity actions.
2. Explain the developing rights of both the nonmarital child and the nonmarital father.
3. Analyze why states that have not yet adopted the Uniform Parentage Act are adopting some type of putative father's registry.
Visitation and Relocation (FAM08)
1. Explain how courts are more willing to recognize de facto parents, particularly in same-sex relationships and to award visitation rights to non biological partners.
2. State the issues of whether and to what extent a third party can obtain court ordered visitation against the wishes of the custodial parent or parents.
3. Discuss whether relocation constitutes a substantial and material change of circumstances sufficient to support a petition to modify custody.
Adoption (FAM09)
1. Explain the two steps of adoption.
2. Distinguish the various types of adoption.
3. Discuss how the parental rights of the child's natural parents are terminated.
4. Discuss the pros and cons of having sealed adoption records.
Child Custody Jurisdiction (FAM10)
1. Discuss the two statutes governing child custody and visitation jurisdiction and their respective roles.
2. Analyze when a state can exercise jurisdiction over child custody and visitation, and apply the appropriate rules to determine proper jurisdiction in a case.
3. Compare the jurisdictional requirements for initial, modification, and emergency child custody and visitation orders.
4. Discuss some circumstances under which a court might decline to exercise jurisdiction in a child custody case.
Alimony (FAM11)
1. Explain that the law of alimony is very state specific and very dependent on trial court discretion.
2. Identify general rules and principles of alimony.
3. Distinguish traditional laws, modern trends, and majority and minority views in awarding alimony.
4. Discuss the important distinctions between alimony and property division.
5. Analyze questions of eligibility for alimony and the alimony factors relevant to calculating an appropriate value and duration of an alimony award.
Constitutional Powers and Structures Review for Family Law (FAM12)
1. Explain basic doctrines and theories covered in Constitutional Law courses as they apply in the Family Law context.
2. Analyze the Full Faith and Credit Clause that gives a Constitutional basis for conflict of laws and choice of law doctrine.
3. Examine the effect of the state action principle, in which only actions by the government are bound by federal constitutional requirements.
Classifying Special Types of Marital Property (FAM13)
1. Explain the way courts classify special types of marital property that may include pensions, professional licenses and goodwill, personal injury and workers' compensation awards, and life insurance.
2. Describe two types of pension plans: "Defined Contributions Plans" and "Defined Benefits Plans."
3. Discuss how courts generally consider only that portion of the pension earned during the marriage to be marital property.
4. Define the two types of life insurance, and discuss how to determine if they are marital property.
New Reproductive Technologies or Who's Your Mama? (FAM14)
1. Discuss the legal theories used when legal parentage of a child resulting from assisted reproductive technology is at issue.
2. Apply these theories to identify who is a "legal parent" in a variety of assisted reproduction cases.
3. Analyze the rights and responsibilities of parties to assisted reproduction cases.
Constitutional Rights Review for Family Law (FAM15)
1. Explain the relationship of the Due Process Clauses of the Fifth and Fourteenth Amendments to the doctrine of substantive due process.
2. Explain substantive due process and the levels of scrutiny courts use for rights that are either fundamental or not fundamental.
3. Explain the difference between substantive due process and procedural due process.
4. Define the equal protection doctrine.
5. Explain why the level of scrutiny often depends upon the classification at issue when applying the equal protection doctrine.
6. Provide two examples where the First Amendment applies to Family Law issues.
Determining Child Support (FAM16)
1. Discuss some of the current and emerging issues in child support, in terms of the duty to support regardless of the parent's marital status and the growing federal role in child support.
2. Explain factors considered in determining the child support obligation.
3. Describe the growing influence by the federal government that has caused states to alter laws in order to meet federal objectives and the results from a failure to comply.
Modification of Alimony and Child Support (FAM17)
1. Identify basic rules on modification of alimony and child support.
2. Analyze specific fact patterns that often trigger requests for modification.
3. Explain why most states have adopted standards that authorize modification of child support upon a showing of a substantial or material change in circumstances.
Marriage Regulations (FAM18)
1. List the differences between annulment and divorce.
2. Define a covenant marriage.
3. Discuss the differences between void and voidable marriages.
Constitutional Aspects of Family Law (FAM19)
1. Explain the importance of the Fourteenth Amendment to Family Law.
2. Discuss the argument that marriage is a fundamental right under the Due Process Clause of the Fourteenth Amendment as derived from Loving v. Virginia.
3. Restate the holding in Obergefell v. Hodges.
4. Explain the Court's decision in United States v. Windsor.
5. Distinguish the Court's holdings in Boddie and Sosna.
6. Diagram the holdings in Meyer, Pierce, Prince, and Yoder, as they relate to parents' constitutional rights.
7. Debate the conflict between constitutional rights of a minor and the rights of that minor's parent.
8. Formulate a definition of parent based on court decisions in this lesson.
9. Explain Buck v. Bell.
10. Describe the importance of Griswold v. Connecticut.
11. Differentiate Bowers v. Hardwick from Lawrence v. Texas.
12. Explain the Court's holdings in Cruzan v. Director, Missouri Dep't of Health and Washington v. Glucksberg.
Premarital Agreements (FAM20)
1. Distinguish between the traditional and contemporary approaches to premarital agreements.
2. List several uniform sources of law pertaining to premarital agreements.
3. Distinguish between procedural and substantive unfairness aspects of premarital agreements.
4. State an example of a premarital agreement involuntarily entered into.
5. Explain when premarital agreements may be subject to more substantive scrutiny than ordinary contracts.
Cohabitation (FAM21)
1. Discuss the theories of recovery available to unmarried cohabitants and the requirements for each.
2. Analyze these theories of recovery as applied to cases involving unmarried cohabitants.
Enforcement of Child Support Obligations (FAM22)
1. Discuss the basics of child support enforcement at both the state and federal levels.
2. Describe some tools courts use to enforce orders of child support.
3. Explain how the actual enforcement of a child support order takes place at the state level.
4. Analyze the Federal enforcement programs from the Social Security Act amendments in 1950 to the Uniform Interstate Family Support Act in 1996.
The Marital Status (FAM23)
1. Examine the changing status of the married woman in terms of property rights during marriage and support obligations in the family.
2. Analyze issues that relate to the marital status, including the use of names, interspousal tort immunity, crimes, and the testimonial privilege.
3. Explain why it is important to review state laws when considering any legal issues in this area.
Commingled Property at Divorce (FAM24)
1. Explain tracing, transmutation, differentiation between income and passive appreciation and other rules regarding characterization of commingled property in divorce.
2. Examine the characterization of commingled property as marital or separate at divorce.
3. Analyze how the increased value of an asset resulting from a contribution (monetary or otherwise) of either party during the marriage is usually considered marital.
UCCJEA - Enforcement Provisions (FAM25)
1. Discuss the enforcement provisions of the child custody jurisdiction statutes.
2. Explain that because the UCCJEA is still relatively new, the law interpreting its provisions is still developing.
3. State how the unsettled laws of the Hague Convention/ ICARA and the IPKA will allow attorneys to have the opportunity to assist courts in the development of these.
4. Specify a policy underlying the laws covered in this lesson.
Distribution of Property at Divorce (FAM27)
1. Explain the economic consequences of divorce that are generally divided into three categories: distribution of property, alimony, and child support.
2. Discuss some of the factors relevant to equitable distribution, including need, contribution and homemaker provisions.
3. Examine some of the special rules relating to the tax consequences of property distribution, debts and the marital home.
Eleventh Amendment (FEDC02)
1. Explain the Court's holding in Edelman v. Jordan, 415 U.S. 651 (1974).
2. Discuss when Congress can abrogate Eleventh Amendment immunity.
3. Explain the significance of Welch v. Texas Department of Highways, 483 U.S. 468 (1987), on Eleventh Amendment litigation.
Coase's Irrelevance 'Theorem' (LCS02)
1. Explain the theory of Coasean Irrelevance.
2. Explain why Coasean Irrelevance does not always obtain.
3. Explain the adjustments individuals would make if there was no contract law.
Statutory Interpretation (LCS03)
1. Explain Statutory "Construction" and Statutory "Interpretation."
2. Explain why knowing about "statutory interpretation" is important for lawyers.
3. Explain how it is possible that a statute might have more than one legitimate meaning.
4. Identify the primary consideration in Statutory Interpretation.
5. Explain why it is sometimes difficult to determine the legislative intent.
6. Apply the "Plain Meaning" Approach to Statutory Interpretation.
7. Apply the "Purpose Approach" to Statutory Interpretation.
8. Explain "Linguistic Canons" of Statutory Interpretation.
9. Explain what Substantive Canons of Statutory Interpretation are.
10. Explain the role of "Legislative History" in the process of statutory interpretation.
11. Explain how a statute might affect the process of Statutory Interpretation.
Where Does Law Come From? (LCS04)
1. List the three branches of the government and types of law that each creates.
2. Give an example of each branch of the government.
3. Define the term "separation of powers."
4. List the powers of each branch of the government.
Social Media Research Tools and Ethics (LCS09)
1. Explain the increasing presence of social media in society and the practice of law, particularly in litigation.
2. List some of the strategies and tools available for performing social media research.
3. Recognize and be able to effectively analyze the various ethical issues which arise in the course of conducting social media research.
Researching Judges (LCS12)
1. List two resources that will enable you to locate information about a judge's scholarship and writing.
2. Explain why information about a judge may be useful.
3. Develop a plan to research a judge in your jurisdiction.
Notice and Knowledge (LCS13)
1. Explain notice.
2. Explain knowledge.
3. Explain the role of notice and knowledge in our legal system.
4. Explain the different types of notice and knowledge.
5. Be able to identify the different types of notice and knowledge in fact settings.
Ohio Legal Research: Secondary Resources (LR100)
1. List three sources of secondary resource materials.
2. Describe the purpose of secondary resource materials.
3. Choose one secondary resource and discuss how to locate it and how to use it.
4. List secondary resources available on the internet from the Ohio government.
Preemption Checking: Has Your Legal Argument Already Been Published? (LR102)
1. Explain the importance of preemption checking.
2. Distinguish between "preemption by law" and "preemption by author."
3. List sources to be included in a preemption check.
4. Identify when a paper topic has been preeempted.
Researching and Working with Transactional Forms (LR103)
1. Discuss the benefits and dangers of using forms.
2. Discuss several sources for finding relevant forms.
3. Discuss the reasons for choosing general, jurisdictional, subject-specific, or other sources of forms.
Subject Specific Treatises (LR105)
1. Define treatise and subject specific treatise.
2. Identify different types of treatises.
3. Recognize why treatises are useful tools for commencing legal research.
4. Locate, use, and update treatises in print or online format.
Michigan Legal Research: Primary Resources (LR106)
1. List sources of primary law.
2. Explain the organizational structure of the Michigan statutes.
3. Explain the use of legislative history.
4. Distinguish the MCLA from the MCLS.
5. Describe the organizational structure of Michigan courts.
6. List the basic kinds of materials agencies produce.
7. Apply Michigan's Uniform System of Citation.
Researching and Working with Procedural Forms (LR107)
1. Discuss the benefits and dangers of using forms.
2. Discuss several sources for finding relevant forms.
3. Discuss the reasons for choosing general procedural forms or jurisdiction specific forms.
Iowa Legal Research: Primary Resources (LR108)
1. List the sources of Iowa primary law.
2. Describe how search formulations might differ if you are using a full-text source or index or subject headings.
3. Explain how to track proposed legislation.
4. List all the sources where the Iowa Constitution can be found.
5. Discuss the difference between annotated and unannotated sources.
6. List the three levels of the Iowa Court System.
7. Explain how to locate Iowa administrative law.
8. Construct a research strategy using primary resources.
Iowa Legal Research: Secondary Resources (LR109)
1. List different secondary sources.
2. Explain the value of using a research guide.
3. Discuss the benefits of using Treatises and practice materials.
4. Explain how form books can be used.
5. Create a search strategy using secondary sources.
Consumer Law Research (LR111)
1. Identify a couple of key secondary sources on consumer law.
2. Begin researching a consumer law issue in an efficient and effective manner.
3. Describe the importance of administrative agencies in the field of consumer law.
How to Research American Constitutional Law (LR113)
1. Apply techniques using both traditional print and online resources to research the U.S. Constitution.
2. Locate cases that deal with general legal principles of constitutional law.
3. Choose the best secondary resource for a particular task when conducting research into the U.S. Constitution.
4. Review the concept of judicial review and find resources that discuss it.
Minnesota Legal Research: Primary Resources (LR114)
1. Define primary authority.
2. List primary source materials for Minnesota.
3. Explain how to locate a statute in the official code of Minnesota.
4. Explain why a researcher would use administrative materials.
5. Describe how to use digests to locate relevant cases for a research problem.
American Indian Treaties (LR115)
1. Locate treaties between Indian Tribes and the United States government.
2. Determine whether a particular treaty provision is still in effect.
3. Identify sources used to Interpret ambiguous treaty provisions.
How to Research Foreign Constitutions (LR116)
1. Locate foreign constitutions and relevant cases and secondary resources.
2. Apply techniques using both traditional print and online resources for finding and researching foreign constitutions.
Washington State Legal Research: Secondary Resources (LR117)
1. List several Washington state secondary resources.
2. Create a research strategy using secondary state resources.
3. Explain the use of secondary sources.
Preparing for Trial (LR118)
1. Explain the value of using sample documents.
2. List the six stages of litigation and some of the elements of each stage.
3. List at least one resource for each stage of litigation.
Illinois Legal Research: Secondary Resources (LR119)
1. List several secondary resources.
2. Explain how to update non-electronic versions of resources.
3. Explain when to use different secondary resources.
4. Create a research strategy using secondary resources.
North Carolina Legal Research: Primary Resources (LR120)
1. Explain the structure of the State of North Carolina's court system.
2. List resources available to locate North Carolina case law.
3. Distinguish between annotated and unannotated codes.
4. Explain the difference between statutes and regulations.
5. Create a strategy for research using primary resources using low cost resources.
North Carolina Legal Research: Secondary Resources (LR122)
1. List North Carolina secondary sources available, such as treatises and legal periodicals.
2. Explain how to find secondary sources for any state law legal issue.
3. Differentiate the benefits and limitations of various secondary sources covering North Carolina law.
4. Explain how to navigate through different secondary sources.
Bringing it to the Jury & Beyond (LR123)
1. Discuss legal materials that can be used when dealing with juries.
2. Explain how to determine how much juries have awarded for past harms.
3. Identify some resources for finding appropriate jury instructions.
Virginia Legal Research: Primary Resources (LR129)
1. Explain how to locate Virginia statutes.
2. Describe the court system in Virginia.
3. Discuss the importance of knowing court rules.
4. List the court reporters used for each court in Virginia.
5. Explain how to locate administrative rules.
6. Create a research plan using primary resources.
Wisconsin Legal Research: Primary Resources (LR130)
1. Define primary legal materials.
2. Describe where primary resources are located, whether in print or electronically.
3. Explain the structure of the Wisconsin Court system.
4. Distinguish Administrative law from judicial decisions.
Researching Social Security Disability Law (LR136)
1. Apply research skills to gain competence with an unfamiliar area of law.
2. Identify useful secondary sources on Social Security disability law.
3. Locate primary sources relevant to a Social Security disability law issue, including: statutes, case law, administrative regulations, and agency interpretations explaining how it applies the law.
Reading Legislative History (LR137)
1. Identify important portions of a statute's legislative history by examining the amendment history accompanying a statutory section.
2. List the sequential steps to efficiently identify the most important portions of the legislative history to determine legislative intent.
3. Evaluate whether to consult floor debates to determine legislative intent.
Texas Legal Research: Secondary Resources (LR142)
1. List four secondary resources.
2. Explain when to use one secondary resource versus another.
3. Create a legal research strategy using secondary resources.
Alabama Legal Research: Primary Resources (LR143)
1. Identify some of the primary resources for Alabama primary legal research.
2. Explain why research of primary resources should begin with the Alabama Constitution.
3. Discuss how Alabama statutes are enacted and organized.
Researching Historical Sources of the Civil Law (LR144)
1. Identify the five major types of world legal systems.
2. Provide a definition for civil law.
3. Explain why researching civil law is important.
4. Establish a strategy for researching historical civil law.
Connecticut Legal Research: Primary Resources (LR146)
1. Identify and locate the sources of Connecticut primary law.
2. Distinguish between the various methods and means by which the primary law is published.
3. Demonstrate the ability to use the finding aids and tools for each source of primary law.
4. Explain when and why each source and/or finding aid or tool should be used.
Nebraska Legal Research: Secondary Resources (LR147)
1. List several secondary resources for Nebraska.
2. Explain the use of secondary resources in legal research.
3. Demonstrate how to locate several Nebraska secondary resources.
4. Construct a research strategy using secondary resources.
Researching Foreign Customary Law (LR148)
1. Explain foreign customary law systems.
2. Identify and evaluate primary and secondary sources within foreign customary law systems.
3. Form a research strategy for the questions(s) to be answered.
South Carolina Legal Research: Secondary Resources (LR149)
1. List several secondary sources.
2. Describe several methods to locate secondary materials.
3. Distinguish between a treatise and a practitioner's manual.
4. Explain how to use secondary sources to locate primary sources.
Idaho Legal Research: Primary and Secondary Resources (LR150)
1. Identify the difference between a primary legal source and a secondary source.
2. Identify the different types of primary and secondary legal sources in Idaho.
3. Identify when it is appropriate to use a specific primary or secondary legal source.
4. Choose the appropriate Idaho primary and secondary legal source(s) for the legal issue(s) you are trying to address.
Alaska Legal Research: Primary and Secondary Resources (LR151)
1. Explain the difference between primary and secondary sources.
2. Discuss the challenges associated with using Alaska secondary sources.
3. List the state's primary legal resources.
4. Choose one primary resource and discuss how to locate it.
Alabama Legal Research: Secondary Resources (LR154)
1. List Alabama secondary sources available, such as treatises and legal periodicals.
2. Explain how to find secondary sources for any Alabama issue.
3. Differentiate the benefits and limitations of various secondary sources covering Alabama law.
4. Explain how to navigate through different secondary sources.
Secondary Sources: Practice Centers - The Evolution from Print Looseleaf to Practice Center (LR155)
1. Define the term Practice Center.
2. Explain the purpose of each type of looseleaf service.
3. Construct a research strategy using a Practice Center.
Oregon Legal Research: Primary and Secondary Resources (LR156)
1. Explain the difference between primary and secondary sources.
2. Explain why the most efficient way to research is to start with secondary sources.
3. List at least three secondary sources.
4. Contrast at least one secondary source from another.
5. List Oregon's primary legal resources.
6. Choose one primary resource and discuss how to locate it.
New Hampshire Legal Research: Primary and Secondary Resources (LR157)
1. Diagram the structure of the New Hampshire court system.
2. Explain when secondary sources are a good place to begin legal research.
3. List New Hampshire specific secondary sources.
4. Identify the source of New Hampshire primary legal resources.
5. Explain when to use Legislative history.
6. Identify a source of the "New Hampshire Supreme Court Rules on Professional Conduct."
South Dakota Legal Research: Primary and Secondary Resources (LR158)
1. Identify the difference between a primary legal source and a secondary source.
2. Identify the different types of primary and secondary legal sources in South Dakota.
3. Identify when it is appropriate to use a specific primary or secondary legal source.
4. Choose the appropriate South Dakota primary and secondary legal source(s) for the legal issue(s) you are trying to address.
Delaware Legal Research: Primary Resources (LR159)
1. Identify the source of Delaware primary law.
2. Explain when and why each resource should be used.
3. Distinguish between annotated and unannotated codes.
4. Create a research strategy using primary resources to resolve a legal problem.
District of Columbia Legal Research: Secondary Resources (LR160)
1. Distinguish primary and secondary sources.
2. Explain the function of secondary sources.
3. List several types of legal periodicals.
4. List the steps in an effective research plan.
5. Explain the purpose of a treatise.
6. Distinguish treatises from practice materials.
Montana Legal Research: Primary and Secondary Resources (LR162)
1. Identify the difference between a primary legal source and a secondary source.
2. Identify the different types of primary and secondary legal sources in Montana.
3. Identify when it is appropriate to use a specific primary or secondary legal source.
4. Choose the appropriate Montana primary and secondary legal source(s) for the legal issue(s) you are trying to address.
New Mexico Legal Research: Primary and Secondary Resources (LR163)
1. Identify the difference between a primary legal source and a secondary source.
2. Identify the different types of primary and secondary legal sources in New Mexico.
3. Identify when it is appropriate to use a specific primary or secondary legal source.
4. Choose the appropriate New Mexico primary and secondary legal source(s) for the legal issue(s) you are trying to address.
New Jersey Legal Research: Secondary Resources (LR164)
1. List New Jersey secondary sources available, such as treatises and legal periodicals.
2. Explain how to find secondary sources for any New Jersey issue.
3. Differentiate the benefits and limitations of various secondary sources covering New Jersey law.
4. Explain how to navigate through different secondary sources.
Michigan Legal Research: Secondary Resources (LR165)
1. Demonstrate knowledge and understanding of some distinctive features of each of the major types of secondary sources on Michigan state law discussed in the lesson.
2. Apply basic skills to construct useful search strings.
3. Identify the pertinent and relevant information in the resources consulted.
Vermont Legal Research: Primary and Secondary Resources (LR167)
1. Explain the research role of primary and secondary sources.
2. Discuss the benefits and challenges of using secondary sources.
3. Identify Vermont's primary and secondary legal resources.
4. Apply primary and secondary sources to research Vermont legal issues.
Introduction to Texas Rules of Form (the "Greenbook") (LR168)
1. Understand the parts of The Greenbook and the interaction of The Greenbook and The Bluebook when citing Texas legal authorities.
2. Apply proper citation format to different types of Texas legal authorities.
Constitutional Law Research: States (LR169)
1. Locate specific provisions of state constitutions.
2. Find cases that interpret provisions of state constitutions by using annotated statutes.
3. Find secondary materials about state constitutions by using annotated statutes.
4. List features of the amendment process for state constitutions.
International Patent Law Research (LR170)
1. Identify the major international treaties about patent law and the bodies that promulgated them.
2. Locate sources of patent law from non-U.S. countries.
3. Identify and use secondary resources for international patent law research when appropriate.
Illinois Legal Research: Primary Sources (LR171)
1. Identify the major categories of Illinois state primary authority.
2. Access these authorities using both commercial and free online resources.
3. Synthesize their findings to address a question involving Illinois state law.
Internet Legal Resources - Free Resources (LR18)
1. List examples of what legal material is available for free online.
2. Explain when you should consider using the Internet as a research tool.
3. Describe how to evaluate material you find on the Internet.
4. List three practical methods for doing legal research on the Internet.
Finding Statutes (LR23)
1. Identify information that will be useful in locating a statute.
2. Find a statute by citation.
3. Determine a statute's jurisdiction.
4. Find a statute by name.
5. Find a statute by topic.
Federal Legislative History Research - Compiled Legislative History (LR41)
1. Recognize citations of documents commonly used in compiled legislative histories.
2. Identify and use print and online sources of compiled legislative histories.
3. Apply efficient methods for finding compiled legislative histories.
Georgia Legal Research: Primary Resources (LR42)
1. Identify some of the resources for locating Georgia primary legal research, including cases, digests, statutes, administrative materials and court rules.
2. Explain the process for finding Georgia Session Laws and ways to track bills in the legislature.
3. Discuss ways to locate ordinances for counties and cities.
Attorney General Opinions: Federal and State (LR44)
1. Explain the terminology applied to attorney general opinions.
2. Locate and update attorney general opinions.
3. Recognize situations in attorney general opinions may be valuable resources.
Non Legal Resource: Online News Sources (LR45)
1. Identify sources of current and older newspaper articles.
2. Employ effective strategies for efficient searching of news sources on Westlaw and Lexis.
3. Recall where to find assistance identifying news sources and conducting searches.
Anatomy of a Case (LR47)
1. Identify and explain the basic parts of a case in both print and online formats.
2. Understand Topic and Key Numbers including their use in finding similar cases.
Arizona Legal Research: Primary Resources (LR48)
1. Research the Arizona Constitution.
2. Demonstrate how to research using the Arizona statutes.
3. Illustrate how to locate Arizona municipal law.
4. Demonstrate how to find relevant Arizona cases.
5. List the types of documents available from Arizona agencies and the Governor.
Cost of Legal Research (LR49)
1. Explain how to avoid common pitfalls of poor research strategy when using Lexis® and Westlaw®.
2. List several cost-saving alternatives to Lexis® and Westlaw®.
3. Create an effective and cost-conscious strategy for any research problem.
Internal Agency Materials (LR50)
1. Identify various types of internal agency materials.
2. Employ strategies to find these materials on agency websites.
Copyright and Trademark Legal Research (LR51)
1. Identify tools for researching copyright and trademark law.
2. Find primary sources: statutes, administrative law, cases.
3. Find secondary sources including current awareness tools.
4. Find international copyright and trademark law.
Researching U.S. Immigration Law (LR53)
1. Name the various federal agencies that work in the area of immigration law.
2. Describe the types of federal laws involved in immigration law.
3. Explain the main resources for researching immigration law.
U.S. Treaty Research (LR55)
1. Recognize the vocabulary regarding treaty formation and publication.
2. Locate treaties, particularly when the United States is a party to the treaty.
Customary International Law (LR56)
1. Define customary international law.
2. Describe a research strategy for locating customary law.
3. List the tools used in customary international law research.
Agency Decisions and Orders (LR57)
1. Discuss the two chief means an agency uses to inform interested parties of its policies.
2. Identify some publication sources for finding agency decisions.
3. Explain when judicial review of agency actions is permitted.
The Legal Research Game: Fee or Free Edition (LR58)
1. Identify research tasks best suited for electronic or print resources.
2. List several authoritative, free web-based legal research resources.
3. Explain how to evaluate the quality of free resources.
4. Discuss factors to consider in selecting the most cost-effective resource.
Introduction to Search Logic and Strategies (LR59)
1. Create searches that work on both Westlaw and Lexis.
2. Use parentheses to control the order of operations.
3. Change connectors to expand or limit search results.
4. Truncate terms that may appear in more than one way in documents.
Federal Tax Research (LR60)
1. Identify and use the major legislative, administrative, and judicial federal tax resources.
2. Assess the features of federal tax research tools.
3. Apply both the topic and code methods to effectively research federal tax issues.
Georgia Legal Research: Secondary Resources (LR64)
1. Define what is meant by secondary source material.
2. List several resources used to find secondary resources.
3. Distinguish how to use two different secondary resources.
United Nations Research (LR65)
1. List the principal organs of the United Nations.
2. Describe the search tools provided by the United Nations and the differences between them.
3. Devise a research strategy for finding U.N. documents.
Finding International Court of Justice Opinions (LR66)
1. Describe how to find the decisions of the United Nations' International Court of Justice.
2. Identify the official reporter of the ICJ decisions and advisory opinions.
3. Discuss the ICJ's two functions.
Medical Research For Attorneys (LR68)
1. List three types of background sources to consult before beginning a search of medical journals.
2. List the categories of information found in PubMed.
3. Create a search string for researching a medical issue in PubMed.
4. Differentiate between primary and secondary medical resources.
Nebraska Legal Research: Primary Resources (LR69)
1. Have a working knowledge of the legislative and judicial processes in Nebraska.
2. Explain how the unicameral process works in Nebraska and how it differs from bi-cameral legislative bodies.
3. Identify Nebraska primary resources generated from the legislative and judicial branches.
4. Discuss how to properly update Nebraska primary sources.
Washington State Legal Research: Primary Resources (LR71)
1. Explain the structure of the State of Washington's government.
2. List sources for Washington case law.
3. Distinguish between annotated and unannotated codes.
4. Explain the difference between statutes and regulations.
5. Create a strategy for research using primary resources.
Researching International Environmental Law (LR72)
1. List two important sources of international environmental law.
2. Explain treaty status information (and understand why it's important).
3. Use multiple strategies for finding treaties that address your issue.
4. Identify documents that help in treaty interpretation.
Wyoming Legal Research: Primary and Secondary Resources (LR73)
1. List several primary and secondary legal sources in Wyoming.
2. Explain the Wyoming court system.
3. Define bicameral.
4. Explain how to construct a legislative history.
5. Explain how to construct a search of current regulations from Wyoming state agencies.
6. Discuss how to locate instances of ethics violations.
7. Describe the use of secondary resources in research.
Arizona Legal Research: Secondary Resources (LR74)
1. Identify several sources of secondary research.
2. Create a research strategy using secondary resources.
3. Explain the differences between types of practice materials.
California Style Manual (LR75)
1. Explain which courts in California do not use this style manual.
2. State the goal of proper citation format.
3. Provide examples of correct citation format for cases, primary materials, and secondary materials.
Introduction to Human Rights Research (LR76)
1. Understand the United Nations human rights bodies and research resources.
2. Identify the regional human rights systems in Europe, the Americas, and Africa, as well as their research resources.
3. Employ additional research resources such as news articles and journal articles in disciplines other than law.
Private International Law Research (LR77)
1. Identify the main sources of private international law.
2. Demonstrate the usefulness of research guides in private international law.
3. Prepare research strategies for private international law research projects.
Ohio Legal Research: Primary Resources (LR78)
1. Identify primary source materials.
2. Describe the structure of the Ohio judicial system.
3. Explain where judicial decisions are published.
4. Discuss how a bill becomes a law in Ohio.
5. Explain the two major rulemaking procedures in Ohio.
6. Contrast the official with the annotated administrative code.
7. Analyze how to structure a research assignment using primary resources.
Intergovernmental Organizations & Non-Governmental Organizations (LR80)
1. Define and characterize IGOs and NGOs.
2. Identify the tools used to research IGOs and NGOs.
3. Explain the types of resources that may be available on an IGO or NGO website.
Tribunals and Truth Commissions (LR83)
1. Describe the purposes of international criminal tribunals and truth commissions.
2. Identify the best method for starting to research international tribunals.
3. Explain the difference between an international tribunal and a truth commission.
4. Identify one key difference between international criminal tribunals and hybrid or mixed criminal tribunals.
Florida Legal Research: Secondary Resources (LR85)
1. Distinguish primary from secondary legal resources.
2. List important secondary resources for Florida.
3. Explain the limitations of using formbooks.
4. Explain the value of practice materials.
5. Plan an effective research strategy using secondary resources.
Utah Legal Research: Primary and Secondary Resources (LR87)
1. List the sources of primary law in Utah.
2. Distinguish between the Laws of Utah and the Utah Code.
3. Explain the Utah court system.
4. Explain how to conduct a search using the Utah Administrative Code.
5. Discuss how to conduct legislative history research in Utah.
6. List several sources for Utah secondary resources.
7. Create a research strategy using Utah legal resources.
European Union Research (LR89)
1. Explain the structure of the European Union.
2. Describe the differences between the types of EU laws.
3. Apply advanced search techniques to locate EU laws.
Regional International Organizations (LR90)
1. Name various regional organizations.
2. Describe strategies for researching the documents of those regional organizations.
Current Awareness & Alerting Services (LR94)
1. List several current awareness tools.
2. Describe how you would locate relevant current awareness tools.
3. Describe how to use alerting services.
4. Explain the purpose of using alerting services.
Louisiana Legal Research: Secondary Resources (LR95)
1. Explain some of the differences between the civil law practiced in Louisiana and the common law practiced in the other 49 states.
2. List three secondary sources.
3. Discuss how two secondary sources would be used.
4. Create a search starting with secondary sources.
5. Discuss the importance of treatises that are substantive, analytical and theoretical treatments of legal topics and how to find them.
6. Analyze practice guides as a secondary resource that may contain forms, evidence rules, rules of procedure in jurisdictions, and explain how the law has been interpreted.
South Carolina Legal Research: Primary Resources (LR97)
1. Explain why the South Carolina Constitution is a key component of South Carolina legal research.
2. Discuss how local ordinances can compliment but not conflict with state laws.
3. Review why all legal research materials must be consistently updated to ensure their continued validity and currency.
4. Create a research strategy using primary legal resources.
Arkansas Legal Research: Primary Resources (LR98)
1. Identify the sources of primary law in Arkansas.
2. List the three categories of courts in Arkansas.
3. Distinguish the roles of each of the types of courts.
4. Explain how to get the official text of an agency's regulation.
5. Create a research strategy using primary resources.
California Legal Research: Ballot Measures (LR99)
1. Define the terms ballot measure, ballot pamphlet, initiative, and referendum.
2. List the three types of ballot measures in California.
3. Describe the lifecycle of a ballot measure.
4. Research, analyze and correctly interpret a ballot measure.
IRAC (LSS01)
1. Identify the components of IRAC.
2. Classify what belongs in each section of IRAC.
3. Identify strong and weak examples of issue statements, rules, applications, and conclusions.
4. Compose basic legal analysis in written IRAC form.
Creating Study Aids (LSS02)
1. Understand the relationship between self-regulated learning, metacognition, and Bloom's taxonomy and your learning.
2. Create study aids to help you remember, understand, apply, analyze, evaluate and create important law school concepts.
3. Reflect on your learning.
Metacognition (LSS03)
1. Better understand how to develop your skills as a law school learner.
2. Create a schedule, and develop study strategies that work in tandem with this schedule, that helps you work more effectively and efficiently.
3. Assess your own work to better understand where you performed well, where you struggled, and how your study and test-taking strategies impacted your performance.
Analysis 1: Thinking Like a Lawyer (LSS04)
1. Explain the concept of "thinking like a lawyer."
2. Apply analytical skills to their reading, briefing, and eventually essay writing.
A Methodical Approach to Improve Multiple Choice Performance (LSS05)
1. Recall the strategy for answering multiple choice questions.
2. Examine calls of the question for subject and small areas of law.
3. Locate dispositive facts from multiple choice fact patterns.
4. Formulate an answer prior to reading the answer choices.
Analysis 2: The "A" in IRAC: Application and Analysis (LSS06)
1. Sort facts to law.
2. Apply facts to law.
3. Identify conclusory v. complete legal analysis.
Assessing Your Own Work (LSS07)
1. Identify concrete deficiencies in essay answers.
2. Critically assess written work in comparison to a model or sample answer.
3. Revise their written work based on engagement with a model or sample answer.
Note-Taking in Law School 101: The Basics (LSS08)
1. Recognize how various note-taking methods can help students capture, organize, and process information from in-class live lectures and asynchronous lesson modules.
2. Experiment with a series of diagnostic questions to identify an individualized preliminary strategy with which to approach note-taking.
3. Evaluate, critique, and adjust their method as they gain more information about themselves as law students.
Time Management: Creating Your Plan (LSS09)
1. Understand the importance of effective time management.
2. Account for school and personal time commitments.
3. Create a daily, weekly, and semester time management plan.
Introduction to Rule Synthesis (LSS10)
1. Identify factors and elements of the rule in specific cases.
2. Extract the rule from individual cases.
3. Create a synthesized rule using multiple cases.
4. Apply a synthesized rule to new cases to predict an outcome.
Multiple-Choice Questions: Wrong Answer Pathology (LSS11)
1. Identify the correct answer in a multiple-choice question.
2. Explain why wrong answer choices are incorrect.
Issue Spotting (LSS12)
1. Explain what "issue spotting" means.
2. Demonstrate the ability to spot issues using "attack outlines."
3. Demonstrate the ability to spot issues using facts.
Case Briefing (LSS13)
1. Identify different parts of a case brief.
2. Categorize different parts of a judicial opinion into a case brief.
3. Restate the legally significant facts from a case.
4. Restate the legal rules in a case.
5. Identify or construct the holding of the opinion.
Note-Taking in Law School 101: Case-Based Content (LSS14)
1. Identify and distinguish between core components of a case as both (a) explained by a professor in lecture format and (b) drawn out in professor-student colloquy.
2. Demonstrate the ability to make informed decisions/instinctual choices between being a stenographer in class versus taking notes, listening, and participating in class.
3. Demonstrate consistent and effective methods for capturing on paper the ambiguity in how courts and professors apply law to facts.
4. Recognize class as a part of the larger context of law school; gain comfort with lecture serving as both (a) a series of "episodic" additions to rule-building as well as (b) opportunities to practice speaking and writing in the language of the law.
Law School Resources (LSS15)
1. Identify resources both at their law school and in their local legal community designed to support law students.
2. Recognize when they need to access resources, and how to do so.
Excavating Facts from Cases (LSS16)
1. Define legally significant facts.
2. Create context for cases using the textbook's table of contents and previous class discussions.
3. Identify legally significant facts in a court opinion.
Outlining Basics (LSS17)
1. Recognize the importance of outlines as a learning and test preparation tool in law school, thus making the outlining exercise more valuable.
2. Develop outlines during an optimum timeline.
3. Create outlines that offer the student a tool that improves comprehension, synthesis, and exam performance.
Mechanics of Memorization (LSS18)
1. Explain the relationship between memorization and exam success.
2. Apply memorization tools and techniques.
Attacking Exams (LSS19)
1. Explain the best ways to prepare for exams.
2. Organize and outline before writing an exam.
3. Apply techniques to better organize their time on exams.
Common Law Basics: What Faculty May Assume You Know (LSS20)
1. Identify different sources of law.
2. Understand the hierarchy of authority.
3. Distinguish between binding and persuasive case law.
Finding The Rule (LSS21)
1. Understand the genesis and function of the rule of law in cases.
2. Explain the different structures and components of rules.
3. Learn to identify various rules in the body of a case.
4. Develop the ability to spot and sometimes distill the rule for inclusion in your case briefs and in preparation for class participation.
Words Matter (LSS22)
1. Recognize the importance of careful word choice and punctuation
2. Evaluate whether two terms or phrases have identical meanings
3. Understand that words may have meanings that are legal terms of art, outside of their common usage
Reading Comprehension Strategies for Exams (LSS23)
1. More accurately answer an essay question by better understanding the task and student's role.
2. Spot key words and phrases, thus making better use of this information in the analysis within the answer.
3. Improve speed and ability to navigate a question without sacrificing accuracy of detail.
Legal Writing v. Exam Writing (LSS24)
1. Illustrate the differences between legal writing and exam writing.
2. Use important writing and analysis skills in different formats.
Hyped About Hypos (LSS25)
1. Define the term "hypothetical" in the law school context.
2. List several reliable sources of hypotheticals.
3. Explain how to use hypotheticals to prepare for an exam.
4. Discuss why using hypotheticals is important for success in law school.
How to Learn from Exams (LSS26)
1. Assess their strengths and weaknesses related to law school exams or other assessments.
2. Identify things to do post assessment to improve.
Secrets to Improved Memorization (LSS27)
1. Describe chunking, spaced repetition, and the testing effect.
2. Employ chunking, spaced repetition, and the testing effect while studying.
3. Develop long-term learning strategies incorporating chunking, spaced repetition, and the testing effect.
Learning Tips and Retention: Discussions in Law School Success (LSS27P)
1. Create a schedule to include spaced repetition in their study schedule.
2. Build flashcards for their courses.
3. Apply a cognitive schema to their study schedule.
Don't Compartmentalize! Transfer is the Key to Law School Success (LSS28)
1. Explain the importance of transfer of knowledge and skills across law school classes.
2. Identify concrete steps that will aid in their own ability to transfer their knowledge and academic/lawyering skills across legal doctrines.
3. Transfer a concept or skill from one law school course to another.
Study Groups: Best Practices (LSS29)
1. Describe the importance of collaboration as a tool for success in law school.
2. Explain whether, when, and how to best collaborate through a study group.
3. Assess the value of the study group to ensure that the student maximizes the benefit of the study group.
4. Draft a study group contract that outlines the parameters of the group.
Grit, Growth, and Why it Matters. Or, How to be Gritty! (LSS30)
1. Explain what grit and growth mindset are.
2. Explain why grit and growth mindset are important to success and law school.
3. Be able to implement growth mindset and grit into their daily routine.
Mindfulness Practice for Law School (LSS31)
1. Describe the basic practice of mindfulness.
2. Demonstrate basic mindfulness practice.
3. Use The Work of Byron Katie technique.
4. Construct a daily routine to integrate mindfulness practice.
Semester Self-Assessment & Reflection (LSS32)
1. Explain the importance of self-regulated learning and metacognition.
2. Self-assess and reflect on your learning.
3. Create a plan for continued academic success.
A Good Place To Start ... Depends On Where You Are Beginning! (LSS33)
1. Identify areas of concern.
2. Create a list of possible CALI lessons to address academic success weaknesses.
3. Revisit this lesson as law school career progresses and new challenges arise.
Preparing for Class 101: Preparing for Your First Day of Class (LSS34)
1. Prepare for the dynamics of the law school classroom, including where to sit and how to respond to the Socratic method of professor-student colloquy.
2. Recognize the importance of briefing cases and become familiar with methods for briefing.
3. Identify the purpose and logic behind the case method of teaching, including basic court system concepts.
4. Understand and access resources to manage imposter syndrome.
5. Recognize the importance of time management in maximizing performance.
Help! I am Zoning Out! (LSS35)
1. Anticipate dips in attention and focus levels while studying or in class.
2. Diagnose and understand, based on scientific findings, when and why concentration wanes.
3. Develop tools to minimize "zoning out" and implement processes for working efficiently and productively throughout their legal careers.
Law School Lingo: How to Navigate A Brand New Vocabulary (LSS36)
1. Recognize common law school vocabulary and acronyms.
2. Define common law school vocabulary and acronyms.
3. Identify appropriate resources to use when they encounter new vocabulary.
Four Steps to Help with Course Selection (LSS37)
1. Calculate the remaining credits needed to graduate, and be able to disburse these credits over the remaining semesters.
2. Identify and plan for all the required classes you must complete before graduation.
3. List electives that will be advantageous for you as you navigate the remaining semesters.
4. Make a schedule for the upcoming semester that takes into account all the previous outcomes mentioned.
Advanced Exam Writing - Using Cases on Final Exams (LSS38)
1. Identify where cases should be used in an exam answer.
2. Insert cases into an exam answer.
3. Create legal arguments using cases as precedent.
Improving Exam Writing with Deductive Reasoning (LSS39)
1. Explain deductive reasoning.
2. Identify deductive arguments.
3. Construct deductive arguments.
4. Integrate deductive arguments into law school exam answers.
Cases & Outlining: The Basics (LSS40)
1. Construct outlines by topic and subtopic.
2. Compose basic case explanations for course outlines, including (a) framing narrow and broad legal conclusions, and (b) incorporating relevant facts.
3. Integrate case explanations into an outline according to topic and subtopic.
What to Expect in Law School: Discussions in Law School Success (LSS42P)
1. Plan for some of the unique requirements of law school.
2. Recognize differences between undergraduate studies and law school.
Managing Pandemic Stress in Law School: Discussions in Law School Success (LSS43P)
1. Apply strategies to manage the feeling of increased isolation, stress, and exhaustion due to the pandemic.
2. Employ techniques to stay focused on work, particularly during Zoom lectures.
3. Practice drawing the line between work and home life.
Bar Exam Basics: Discussions in Law School Success (LSS44P)
1. Choose the best bar exam to take.
2. Plan for the bar application process.
3. Evaluate commercial bar prep providers.
4. Schedule your bar prep time more efficiently.
5. Manage the costs of taking the bar exam.
Class Participation Tips: Discussions in Law School Success (LSS45P)
1. Reflect on their own experience when speaking in class.
2. Understand some research behind why participating in law school feels so challenging (including the imposter phenomenon and the spotlight effect).
3. Use these reflections and understandings to guide their future class preparation, (including making individualized case reading and briefing plans).
4. Practice in-the-moment strategies for minimizing public speaking anxiety and maximizing the ability to respond and demonstrate mastery.
The Night Before Your Exam Discussions in Law School Success (LSS46P)
1. List three tips to help prepare the day before for their final exam.
2. List two tips to use at the start of their final exam.
3. Create a mantra or find a song to use right before your exam.
Types of Law School Exams: Discussions in Law School Success Podcast (LSS47P)
1. Explain how law school exams generally differ from undergraduate exams.
2. Discuss one technique for answering law school multiple choice questions.
3. State several benefits of using your normal legal writing strategy of IRAC, CRAC or CIRAC is helpful for short answer questions.
4. Create a plan to prepare for answering long essay questions.
The Counterargument: A Key (But Often Overlooked) Part of Legal Reasoning (LSS48)
1. Explain the importance of addressing counterarguments in your legal reasoning.
2. Create strong counterarguments based on both law and facts.
3. Integrate counterarguments correctly into your legal analysis.
First-Generation Student Experiences: Discussions in Law School Success (LSS49P)
1. Recall advice about how to tackle law school as a first-generation student.
2. Describe ways law school might be different from undergrad from the perspective of a first-generation student.
3. Recognize ways in which being a first-generation student can shape the law school experience.
4. Identify the unique qualities and skills of first-generation students attending law school.
How to Tell If You're Falling Behind and What You Can Do About It: Discussions in Law School Success (LSS50P)
1. Recognize when they're falling behind, in regard to both comprehension and time management/study efficacy.
2. Apply strategies to improve comprehension and keep up with the workload.
Got a Question? Tips on How to Talk to Your Professors (LSS51)
1. Distinguish what steps to take when approaching a professor with a question.
2. Schedule a time to talk to your professors in a professional manner.
3. Formulate questions that make the interaction with your professor as helpful as possible.
The Importance of Collegiality and Professionalism: Discussions in Law School Success (LSS52P)
1. Recognize the importance of being collegial and professional in law school and in practice.
2. Demonstrate professionalism and collegiality in interactions with colleagues and professors.
3. Integrate professionalism into written communications such as emails and social media.
Why Outlining Should Be Called Synthesizing: Discussions in Law School Success (LSS53P)
1. Explain how outlining in law school is actually the process of synthesizing.
2. Recognize the various ways one can build an outline in law school, taking into account personal learning style and class subject.
3. Assess which types of outlines work best for your own personal organization and retrieval of information.
10 Tips for Essay Exam Writing: Discussions in Law School Success (LSS54P)
1. Formulate essay exam answers that are more complete, organized, and engaging.
2. Apply simple techniques to maximize points on an essay exam.
Law School Myths: Discussions in Law School Success (LSS55P)
1. Distinguish fact from fiction regarding a number of statements about law school.
2. Manage expectations and plan accordingly in light of more realistic obligations and success strategies.
Setting Realistic Expectations in Law School: Discussions in Law School Success (LSS56P)
1. Recognize what sets law school apart from undergrad.
2. Recognize why it is important to set realistic expectations in law school.
3. Employ techniques and develop mindsets that help you set realistic expectations.
IRAC: There Is No Better Way! Discussions in Law School Success (LSS57P)
1. Recall the IRAC method for organizing essay exam answers.
2. Recognize some of the other essay organization methods.
3. Describe how the basic IRAC structure serves as the foundation for a good legal analysis.
Analysis 3: Using Your Facts (LSS58)
1. Identify why they should use facts more often in essays.
2. Identify relevant facts to use in essays.
3. Use relevant facts in an essay format.
4. Use relevant facts to strengthen an essay's analysis.
Advanced Reading for Law School (LSS59)
1. Recite pre-reading strategies to generate a purpose prior to reading cases.
2. Analyze a Table of Contents to contextualize upcoming reading.
3. Predict the issue prior to reading a case.
4. Determine which facts are relevant to the predicted issue in the case.
Primary v. Secondary Sources: Why Is Reading Cases So Hard? (LSS60)
1. Summarize why reading cases is different from what you've done before.
2. Recognize the difference between a primary and secondary source.
3. Demonstrate how to read case law.
Active Reading in Law School: Discussions in Law School Success (LSS61P)
1. Define active reading.
2. Explain the difference between reading in undergrad and law school.
3. State the difference between case briefs and margin briefing.
4. List three steps to active reading.
Policy-Based Analysis (LSS62)
1. Explain and actively identify the difference between a rule and a policy statement.
2. Extract policy from cases and lectures.
3. Demonstrate the ability to include policy in outlines and analyses.
Study Scheduling for the Evening, Weekend, or Part-Time J.D. Student (LSS63)
1. Understand the critical importance of time management for success in law school as a part-time student.
2. Isolate ideal study times based on schedule and general chronotype.
3. Rank level of difficulty of study tasks.
4. Block tasks into long-term and short-term schedules based on the above factors.
Practice Makes Prepared: Discussions in Law School Success (LSS64P)
1. Explain some differences between exam writing and all other writing done in law school.
2. Use their experience in practicing exams as preparation for the final exam.
Competitiveness: Discussions in Law School Success (LSS65P)
1. List when and why the law school environment is competitive.
2. Explain why first semester grades are not the only thing that matters in a job search.
3. Distinguish between mastery goals and result based goals.
4. Create a plan using the provided tips to guide you through law school.
Drafting with 'And' and 'Or' (LWR04)
1. Evaluate whether "and" and "or" are used ambiguously in the terms of a contract.
2. Select the appropriate language to draft contract terms that express the intended meaning using "and" and "or."
Drafting Contracts Using 'Shall', 'May' and 'Must' (LWR05)
1. Evaluate whether "shall," "may," and "must" are used properly in the terms of a contract.
2. Select the appropriate language to draft contract terms that express the intended meaning using "shall," "may," and "must."
Researching Federal Administrative Regulations (LWR06)
1. List the five significant categories of information found in the Federal Register.
2. Explain the relationship between the Federal Register and the Code of Federal Regulations (CFR).
3. Describe how to create a research plan using the Federal Register and the CFR.
Legal Research Methodology (LWR07)
1. Explain the basics of legal research methodology.
2. Recognize the difference between primary authority and secondary sources.
3. Use the TARP method for generating search terms.
4. Organize research utilizing a research log.
5. Identify when to stop researching.
How to Brief a Case (LWR09)
1. List the elements of a case brief.
2. Describe the purposes of a case brief.
3. Practice writing a case brief.
Decision Point: State or Federal? (LWR13)
1. Recognize specific areas of law that tend to fall into either federal or state jurisdictions.
2. Understand that some legal issues must be researched in both federal and state sources.
3. Identify the best resources to help determine if an issue is grounded in federal or state law.
How to Research Federal Legislative History (LWR14)
1. Discuss federal legislative history of a statute or Act codified in the United States Code.
2. Identify some of the documents that comprise legislative history.
3. Explain how a bill that is introduced in Congress becomes enacted law.
Introduction to State and Federal Statutes (LWR15)
1. Explain all parts of a statute, including their numbering systems, and importance.
2. Explain slip laws, session laws, codes, and annotated codes, including their numbering systems, and importance.
3. Discuss the relationships of slip laws, session laws, codes, and annotated codes.
4. Indicate all the sources for slip laws, session laws, codes, and annotated codes, including both commercial and free.
Codification (LWR16)
1. Describe the differences between a session law and a code.
2. Distinguish between official and unofficial codes.
3. Recognize how a code is organized.
4. Assess whether to consult a law in session law or codified form.
Company Research (LWR17)
1. Identify the different types of companies and their characteristics.
2. Describe different resources available for company research.
3. Understand the concept of industry research and its sources.
Rulemaking: Federal Register and CFR (LWR19)
1. Explain how regulations are promulgated and updated.
2. Describe the relationship administrative law has with the other branches of government during the rulemaking process.
3. Define rulemaking.
4. Explain the relationship between the administrative process and Executive Orders.
5. List information included in the Federal Register.
6. Explain differences between the U.S. Code and the Code of Federal Regulations.
7. Create a research plan for locating relevant regulations for any legal issue.
American Law Reports (LWR21)
1. Describe the features of American Law Reports (ALR).
2. Recognize when to use ALR.
3. Apply this knowledge to use ALR effectively in their research.
Researching Federal Executive Orders (LWR22)
1. Define what executive orders are.
2. Locate indexes and databases to use to research federal executive orders by subject.
3. Describe where to find the texts of federal executive orders issued from 1936 on.
4. Demonstrate how to update a federal executive order to make sure it is still good law.
Updating Federal and State Statutes (LWR24)
1. Explain how federal codes are published.
2. Identify when it is appropriate to update a statute.
3. Review and analyze available resources in order to assess the status of the code section(s) at hand.
Researching Uniform and Model Laws (LWR25)
1. Explain what uniform and model laws are.
2. Explain how and by whom they are drafted.
3. Locate drafts of these laws and other useful research sources.
4. Cite uniform and model laws.
Punctuation and Grammar Basics for Students (LWR26)
1. Explain why correct grammar and correct punctuation are important in legal writing.
2. Apply the three basic rules for using apostrophes.
3. Apply the five basic rules for using commas.
4. Apply the three basic rules for using quotation marks.
5. Distinguish between independent and dependent clauses.
6. Apply the four basic rules for using semicolons.
7. Explain how to avoid run-on sentences.
Stating Facts: Objective and Persuasive Approaches (LWR27)
1. Explain what a legally relevant fact is.
2. Demonstrate how to write a fact statement.
3. List three persuasive techniques used in writing.
4. Describe two types of parallelism.
Issue Statements for Memos and Briefs (LWR28)
1. Define the purpose of an issue statement (also called a question presented).
2. State the two parts of an issue statement.
3. Explain the use of a syllogism in an issue statement.
Forms of Federal Statutory Publication (LWR30)
1. Identify the four forms of federal statutory publications.
2. Recognize which form of publication is authoritative when there is a conflict between two versions.
3. Choose the correct form of statutory publication to consult based upon the goal of the research.
4. Describe how the different forms are interconnected as well as the differences between them.
Hold 'em, Fold 'em, Walk Away or Run: When to Stop the Search (LWR31)
1. Identify when it is time to stop research.
2. Apply alternative research methods to continue research when one method fails to produce results.
3. Recognize external factors impacting the decision to stop research including cost and deadlines.
4. Distinguish between appropriate methods to get assistance when research hits a dead-end before uncovering relevant primary authority.
Introduction to Foreign Legal Research (LWR32)
1. Estimate the likelihood that accessible resources exist to give you an answer to your foreign law questions.
2. Describe the pitfalls of legal translations.
3. Choose high-quality resources to start your research.
4. Identify key resources for foreign legal research
Introduction and Sources of Authority for Administrative Law (LWR33)
1. Explain how administrative rules fit within the US legal system.
2. Identify where executive agencies get their authority to make rules.
3. Explain the value of agency websites.
4. Predict whether an agency document (rule or guidance document) is likely to be published in the Code of Federal Regulations.
Periodicals and Periodical Indexes (LWR34)
1. Describe the different types of legal periodicals.
2. Identify subscription and periodical indexes available for finding articles.
3. Locate journal listings online.
Introduction to Secondary Resources (LWR35)
1. Recognize when to use secondary resources when conducting legal research.
2. Describe the major types of secondary resources and choose which are best suited for different types of research tasks.
3. Compare the advantages and disadvantages of print versus online secondary resources.
Validating Cases Using Online Citators (LWR36)
1. Define citators and explain what they do.
2. Identify the different parts of a Shepard's (Lexis+) and KeyCite (Westlaw) report.
3. Validate relevant cases using Shepard's and KeyCite.
Using the Restatements of the Law (LWR38)
1. Explain what the Restatements of the Law are and why you would want to use them for legal research.
2. Describe the major features of the Restatements, including rules, comments, illustrations, and appendices.
3. Apply methods to search the Restatements by subject, both in print and online.
4. Use the Restatements to find cases.
Legal Encyclopedias - Print Format (LWR40)
1. Recognize when one might want to use a legal encyclopedia in legal research.
2. Describe the features of Am. Jur. and briefly explore state legal encyclopedias.
3. Use print legal encyclopedias for legal research tasks.
Plagiarism in an Online World - Staying Out of Trouble (LWR63)
1. Define plagiarism.
2. List the consequences of plagiarism.
3. Distinguish between quoting and paraphrasing source material.
4. Explain the importance of citations to source material.
Florida Legal Research: Uniform Citation System (LWR65)
1. Distinguish when to use Florida's standardized citation system, Rule 9.800, Florida Rules of Appellate Procedure, or The Bluebook for citing primary and secondary sources.
2. Apply proper citation format.
Utility (PAT01)
1. Explain if an invention is useful if its function is harmful, immoral, or simply of minor importance.
2. Determine if an invention is useful if it is inefficient or impractical.
3. Determine if an invention is useful if it has been demonstrated to work only on laboratory animals.
4. Explain whether an invention is useful if its only function is to serve as an object for further scientific research.
Novelty (Section 102(a)) (PAT02)
1. Define "novelty" for purposes of patent law.
2. State the purpose of the novelty requirement.
3. List the types of prior art considered in the novelty analysis.
4. Explain the meaning of "printed publication."
5. Explain the concept of public knowledge or use.
6. Describe the timing requirement of pre-AIA novelty.
7. Describe the geographic requirements of pre-AIA novelty.
8. Explain the concept of "secret" prior art.
Basic Concepts of Nonobviousness (PAT04)
1. Identify the factual inquiries needed to determine nonobviousness.
2. Describe the scope of prior art considered in determining nonobviousness.
3. Explain the role of the PHOSITA concept in determining nonobviousness.
4. Explain the role of secondary considerations in determining nonobviousness.
5. Identify how the AIA changed the timing of the nonobviousness determination.
Nonobviousness: The Scope and Content of the Prior Art (PAT05)
1. Explain the relationship between sections 102 and 103 of the Patent Act.
2. Describe the difference in which prior art references are considered in the novelty and nonobviousness analyses.
3. Describe the difference in how prior art references are evaluated for novelty and nonobviousness purposes.
4. Explain how to apply the analogous arts test.
Policy and Patentable Subject Matter (PAT06)
1. Explain the incentive theory underlying patent law.
2. Identify the "quid pro quo" bargain of patent law.
3. Describe the "net social benefit" goals of patent law.
4. Explain the economic justifications for imposing limits on patent rights.
The Doctrine of Equivalents (PAT08)
1. Define when infringement under the doctrine of equivalents applies.
2. State the triple identity test.
3. Explain the "insubstantial differences" test.
4. State the nonobviousness test.
5. Discuss when equivalence is determined.
6. Discuss "file wrapper" estoppel.
Patentable Subject Matter (PAT09)
1. Identify and define the four categories of patentable subject matter.
2. Explain the "laws of nature" exception.
3. Explain the "natural phenomena" exception.
4. Explain the "abstract ideas" exception.
Literal Infringement (PAT11)
1. Demonstrate an understanding of how courts construe the meaning of a patent claim in the context of an infringement action.
2. Explain the two step process courts use to determine whether the accused product or process infringes a claim.
Post-AIA Novelty Under Section 102 (PAT13)
1. Describe how the post-AIA novelty rules differ from the pre-AIA novelty rules.
2. Explain how the first-to-file system works.
3. Discuss the effect of an inventor's public disclosure on the inventor's right of priority.
Problems in Property Law Series I (PPL01)
1. Recognize which legal principles and precepts relate to various factual situations.
2. Compare the related legal principles and precepts.
3. Apply major property related legal principles and precepts to factual situations, to ascertain the most probable resolution to the problems presented.
4. Assess the students substantive strengths and weaknesses in Property.
Problems in Property Law Series II (PPL02)
1. Recognize which legal principles and precepts relate to various factual situations.
2. Compare the related legal principles and precepts.
3. Apply major property related legal principles and precepts to factual situations, to ascertain the most probable resolution to the problems presented.
4. Assess the students substantive strengths and weaknesses in Property.
Problems in Property Law Series III (PPL03)
1. Recognize which legal principles and precepts relate to various factual situations.
2. Compare the related legal principles and precepts.
3. Apply major property related legal principles and precepts to factual situations, to ascertain the most probable resolution to the problems presented.
4. Assess the students substantive strengths and weaknesses in Property.
The Estate System (PPL04)
1. Explain the "estate system."
2. List the basic characteristics of estates in land.
3. Recognize various estates based on the words that create them.
4. Classify the various estates in land.
5. Define Freehold Estates
6. Define a fee simple absolute.
7. Create a fee simple absolute.
8. Create (carve out) subdivisions from a fee simple absolute.
9. Terminate a fee simple absolute.
10. Define fee simple determinable.
11. Define fee simple on condition subsequent.
12. Define fee simple on executory limitation.
13. Define fee tail.
14. Define a life estate.
15. Create a life estate.
16. Define Non-Freehold Estates
17. Define term of years for non-freehold estates.
18. Create a term of years for a non-freehold estate.
19. Create (carve out) subdivisions from a term of years for a non-freehold estate.
20. Define periodic tenancy for non-freehold estates.
21. Create a periodic tenancy for a non-freehold estate.
22. Terminate a periodic tenancy for a non-freehold estates.
23. Define tenancy at will for a non-freehold estate.
24. Create a tenancy at will for a non-freehold estate.
Lesson 1: Basic Future Interests: The Concept of "Future Interest" (PPL05_01)
1. Define the basic concept of future interests under American common law.
2. List the key characteristics of modern future interests.
3. Recognize various future interests based on the words that create them.
4. Classify future interests in the grantor (reversion, possibility of reverter, and right of re-entry).
5. Classify future interests in someone other than the grantor (remainder and executory interest).
6. Compare the rights of future interest holders with those of present interest holders.
Lesson 2: Basic Future Interests: The Defeasible Estates and Their Future Interests (PPL05_02)
1. Explain the basic concept of future interests under American common law.
2. List the key characteristics of modern future interests.
3. Recognize the defeasible fee simple future estates based on the words that create them.
4. Identify the differences in how early termination occurs for each defeasible fee simple estate.
5. Identify to whom possession transfers upon the termination of each defeasible fee simple estate.
6. Identify which future interest follows each defeasible fee simple estate.
7. Classify future interests in the grantor (reversion, possibility of reverter, and right of re-entry) and in someone other than the grantor (remainder and executory interest).
Lesson 3: Basic Future Interests: Fee Simple Determinable (and Possibilities of Reverter) (PPL05_03)
1. Explain the basic concept of future interests under American common law.
2. List the key characteristics of modern future interests.
3. Identify the fee simple determinable from the words of conveyance that create it.
4. Identify how early termination occurs for a fee simple determinable.
5. Define a possibility of reverter.
6. Explain who has the right to possession upon the termination of a fee simple determinable.
Lesson 4: Basic Future Interests: Fee Simple on Condition Subsequent (and Rights of Re-entry) (PPL05_04)
1. Explain the basic concept of future interests under American common law.
2. List the key characteristics of modern future interests.
3. Identify the fee simple on condition subsequent from the words of conveyance that create it.
4. Identify how early termination occurs for a fee simple on condition subsequent.
5. Define a right of re-entry (power of termination).
6. Define an action in ejectment.
7. Explain who has the right to possession upon the termination of a fee simple on condition subsequent.
8. Contrast a right of re-entry with a possibility of reverter.
Lesson 5: Basic Future Interests: Fee Simple On Executory Limitation (and Executory Interests) (PPL05_05)
1. Explain the basic concept of future interests under American common law.
2. List the key characteristics of modern future interests.
3. Identify the fee simple on executory limitation from the words of conveyance that create it.
4. Identify how early termination occurs for a fee simple on executory limitation.
5. Define an executory limitation.
6. Define an executory interest.
7. Explain the difference between termination by expiration and termination by divestment.
8. Explain to whom possession transfers upon the termination of a fee simple on executory limitation.
Lesson 6: Basic Future Interests: Reversions (PPL05_06)
1. Explain the basic concept of future interests under American common law.
2. List the key characteristics of modern future interests.
3. State the different types of future interests available to a grantor.
4. Identify a reversion from the words that create it.
5. Define reversion.
6. Explain how to create a reversion.
7. Explain what constitutes a "particular estate" (fee tail, life estate, term of years, periodic tenancy, tenancy at will).
8. Identify the characteristics of a reversion.
Lesson 7: Basic Future Interests: Remainders (PPL05_07)
1. State the different types of future interests available to someone other than a grantor.
2. Define remainder.
3. Explain how to create a remainder.
4. Contrast a remainder from a reversion.
5. Identify a remainder from the words that create it.
Lesson 8: Basic Future Interests: Kinds of Vested and Contingent Remainders (PPL05_08)
1. Define vested remainder.
2. Differentiate vested remainders from contingent remainders.
3. Define the three subcategories of vested remainders.
4. Identify each of the three subcategories of vested remainders from the words that create it.
5. Contrast an indefeasibly vested remainder from a vested remainder subject to divestment.
6. Define contingent remainder.
7. State the three basic ways a remainder can be contingent.
8. Define a condition precedent.
9. Explain subject to the occurrence of some stated event.
10. Explain conveyed to unascertained persons.
11. Explain conveyed to unborn persons.
Lesson 9: Basic Future Interests: Executory Interests (PPL05_09)
1. Define an executory interest.
2. Explain a springing executory interest.
3. Explain a shifting executory interest.
Lesson 10: Basic Future Interests: Identifying Remainders and Executory Interests (PPL05_10)
1. List the key identifying features of a remainder.
2. Name the different types of remainders.
3. Identify remainders based on the words that create them.
4. List the key identifying features of an executory interest.
5. Name the different types of executory interests.
6. Identify executory interests based on the words that create them.
7. Contrast remainders from executory interests.
Interpreting the Language of Conveyances (PPL07)
1. Recognize when the "granting language" in a conveyance is not an adequate source for interpreting a grants meaning.
2. Identify the most common interpretation techniques for reading grants.
3. Apply the most common interpretation techniques to the ambiguous language of grants.
Recording Acts (PPL09)
1. Recall what a recording act is.
2. Explain the functions a recording act serves.
3. Identify the kinds of interests recording acts cover.
4. Identify what types of persons may claim the protection of a recording act.
5. Identify the three types of recording acts used in American jurisdictions.
6. Explain the differences between the three types of recording acts used in American jurisdictions.
7. Apply a recording act to resolve conflicting claims to the same land.
Adverse Possession: Hostile Possession or Possession Under Claim of Right (PPL10)
1. Recall the purpose served by the "hostile/under claim of right" requirement.
2. Express the significance of "permission to occupy land" under the adverse possession doctrine.
3. Explain the legal standards by which differing courts have evaluated the hostility of a possessor's claim, either by reference to their actions (objectively), or their state of mind (subjectively), or both.
Adverse Possession: Open and Notorious Possession (PPL11)
1. Discuss the rationale behind the "open and notorious" requirement.
2. Relate how courts have applied the "open and notorious" requirement in such varied settings as boundary line encroachments, subsurface rights, and "open lands".
3. Explain how the "open and notorious" requirement relates to the other elements of the common law adverse possession rule.
Tenancy in Common (PPL12)
1. Define what a tenancy in common is.
2. Describe how one creates a tenancy in common.
3. State the general rights of each tenant in common.
4. Explain how a tenancy in common differs from a joint tenancy.
Distinction Between Real Property and Personal Property (PPL13)
1. Define property.
2. Define real property.
3. Define personal property.
4. Explain the consequences of attaching things to land.
5. Explain the consequences of severing things from land.
6. Define fixtures.
7. Explain the significance of fixtures.
8. State examples of intangible property classified as real or personal property.
9. Describe the settings in which the distinction between real and personal property matters.
Fee Simple Absolute (PPL14)
1. Define what constitutes an estate in land.
2. Identify all the legal characteristics of a fee simple absolute.
3. State what is necessary to create a fee simple absolute.
4. List the characteristics of the fee simple absolute.
Adverse Possession: An Introductory Lesson (PPL15)
1. Define adverse possession.
2. Explain the historical origins of adverse possession.
3. Explain the policy justification of modern adverse possession.
4. Discuss the common law standards to establish title by adverse possession.
5. Discuss the modern statutory standards to acquire title by adverse possession.
Easements Defined (PPL16)
1. Define what an easement is.
2. Define what an express easement is.
3. Define what a non-express easement is.
4. Define what an affirmative easement is.
5. Define what a negative easement is.
6. Explain the general rights of an easement owner.
7. Explain the obligations of the owner of the land on which an easement is placed.
8. Describe the typical scenario in which the need for an easement arises.
9. Identify alternative options to creating an easement.
Negative Easements - In Contrast with Affirmative Easements (PPL17)
1. Define an affirmative easement.
2. Define a negative easement.
3. Define an appurtenant easement.
4. Define an easement in gross.
5. Identify the four traditional negative easements.
6. Identify the three modern negative easements.
7. Explain how a negative easement typically is created.
8. Explain the options available to the owner of land who wishes to restrict certain uses of adjacent land.
9. Recognize the potential legal consequences resulting from exercising each available option.
Express Easements (PPL18)
1. Identify the requirements for the creation of express easements.
2. Explain the role of the statute of frauds in the creation of express easements.
3. Relate the methods by which one may create express easements.
4. Differentiate between express easements by grant and express easements by reservation.
5. Assess the rights, if any, of a third party for whom the grantor under a deed of land purports to reserve an easement.
Easements Appurtenant and in Gross (PPL19)
1. Define the following terms: easement appurtenant and easement in gross.
2. Distinguish between who is entitled to the benefits associated with an easement appurtenant and an easement in gross.
3. Differentiate between the uses associated with an easement appurtenant and an easement in gross.
4. Contrast the easement rights of subsequent transferees from the original easement owners of an easement appurtenant and an easement in gross.
Adverse Possession: Continuous and Exclusive Possession for the Statutory Period (PPL20)
1. Define exclusive possession.
2. Distinguish exclusive possession from nonexclusive possession.
3. Define continuous possession.
4. Explain the statutory period and its use in adverse possession cases.
5. Explain what conduct by the possessor or the true owner is sufficient enough to interrupt the continuity of possession.
6. Assess when the continuity of adverse possession has occurred.
7. Explain the extent to which the applicable statutory period may be "tolled."
8. Explain the extent to which successive periods of adverse possession may be "tacked" together to satisfy the applicable statutory period.
Joint Tenancy (PPL21)
1. Define the following terms: joint tenancy and right of survivorship
2. Define the unities of time, title, interest and possession.
3. Explain how modern statutes treat joint tenancies.
4. Discuss how parties may lawfully terminate joint tenancies.
5. Analyze the resulting relationships upon the termination of a joint tenancy.
6. Compare the effect the right of survivorship has on a deceased joint tenants interest and that of a survivor.
Adverse Possession: Color of Title and Constructive Adverse Possession (PPL22)
1. Define "color of title" in the context of adverse possession.
2. Distinguish between claims of possession under color of title and claims of possession without color of title.
3. Explain the effect color of title has in some states on determining the statutory period for adverse possession.
4. Define constructive adverse possession.
5. Explain the significance of color of title as a prerequisite for a claim of title by constructive adverse possession.
Landlord and Tenant: An Introductory Lesson (PPL23)
1. Define the following terms: Leasehold, Lease, Landlord a/k/a Lessor, Tenant a/k/a Lessee, Rent, Accrual of Rent.
2. Define the following tenancies/leasehold estates: Tenancy for Years, Periodic Tenancy, Tenancy at Will, Tenancy at Sufferance,
3. Define the following terms: Sublease, Sublandlord a/k/a Sublessor, Subtenant a/k/a Sublessee, Prime Lease a/k/a Main Lease.
4. Identify the three main reasons leases typically are valuable to the parties.
5. Explain and compare the contract theory and conveyance theory as applied to the landlord-tenant relationship.
Tenancy by the Entirety (PPL24)
1. Define Tenancy by the Entirety.
2. List the critical components of Tenancy by the Entirety.
3. Report how modern jurisdictions treat Tenancy by the Entirety.
4. Explain how a Tenancy by the Entirety is legally terminated.
Gifts I: Inter Vivos Gifts (PPL25)
1. Define the following terms: gift, inter vivos gift, delivery, acceptance.
2. Identify the elements of a successful inter vivos gift.
3. Explain donative intent.
4. Discuss the circumstances under which the delivery requirement might be excused by the courts.
5. Explain effective delivery to a third party (escrow).
6. Compare the effects of a conditional gift and an unconditional gift.
Estate in Fee Tail (PPL26)
1. State the characteristics of the traditional fee tail.
2. Describe the characteristics of the fee tail in those states which continue to recognize fee tail today.
3. Explain modern statutory treatment of attempts to create a fee tail in states which no longer recognize that estate.
Landlord and Tenant: Tenancy for Years (PPL27)
1. Define a tenancy for years.
2. Discuss the choices as to the length of the tenancy for years.
3. Examine the limits on the parties' choice as to duration of the term.
4. Explain the requirement that the term have a definite ending date.
5. Analyze the impact of uncertainty as to the term.
6. Examine the treatment of a lease to commence in the future.
7. Plan the termination of a tenancy for years.
8. Analyze the impact of renewal terms in the lease.
Landlord and Tenant: Statute of Frauds (PPL28)
1. State the basic requirements of the statute of frauds.
2. Identify the terms of a lease that must comply with the statute of frauds.
3. Examine the treatment of alleged oral terms by courts when there is a written lease.
4. Explain the doctrine of part performance and equitable estoppel as means to enforce an oral lease.
5. Discuss permissible oral leases (statutory exception for short-term leases).
6. Express the effect upon the parties when a tenant takes possession under an invalid oral arrangement;
7. Describe the features of the conveyance section and contracts section of the statute of frauds.
8. Apply the features of the conveyance section and contracts section of the statute of frauds.
Relations Between Co-Tenants (PPL29)
1. Define ouster.
2. Define waste.
3. Define the remedy of accounting.
4. Explain the rights and obligations co-owners have to each other regarding using, possessing, and disposing of co-owned property.
5. List the circumstances under which an ouster might occur.
6. Compare the accountability non-paying co-tenants owe to paying co-tenants for mortgage payments, taxes, improvements and/or repairs, relating to the commonly owned property.
7. Explain a fiduciary relationship.
8. Discuss the obligations, if any, a co-tenant who obtains a superior interest in the commonly owned property has to the other co-tenants.
9. Explain a partition.
10. Compare a voluntary partition with a court ordered partition.
Life Estate (PPL30)
1. Define a life estate.
2. Define a life estate pur autre vie.
3. Define a defeasible life estate.
4. Define a reversion.
5. Define a remainder.
6. Discuss three ways to create a life estate.
7. Identify the measuring life for a life estate.
8. Explain the legal characteristics of a life estate.
9. Explain the legal obligations the owner of a life estate has to the holders of future interests in the property following the life estate.
10. Explain a devisable life estate.
11. Discuss the life tenant's rights to exclusive possession, income, and profits.
12. Discuss the life tenant's duty with respect to waste.
13. Discuss the methods courts will follow to determine whether a life estate results, where there is no express indication that there should be a life estate.
14. Explain when it might become necessary to separate the value of a life estate from the value of future interests.
15. Explain the fundamental considerations on which a court might allocate the valuations between the life estate and future interest.
Gifts II: Testamentary Gifts, Causa Mortis Gifts and Gifts of Future Interests (PPL31)
1. Define a testamentary gift.
2. Identify the conditions necessary for the donee of a testamentary gift to have the right to take possession of the property that is the subject of the testamentary gift.
3. Discuss the technical requirements of will statutes in general.
4. Define a testamentary deed.
5. Define a causa mortis gift.
6. Explain the policies implicated by the law of gifts made at death or in anticipation of death;
7. State the elements necessary to create a valid causa mortis gift.
8. Explain the conditional nature of a causa mortis gift.
9. State the requirements necessary for an effective testamentary gift.
10. Compare an inter vivos gift with a testamentary gift and a causa mortis gift.
11. Explain the extent to which a donor may make an inter vivos gift of a future interest in property.
12. Discuss how courts have distinguished inter vivos gifts of a future interest from testamentary gifts.
13. Identify the elements required for a valid inter vivos gift.
14. Name the element that is necessary for a valid gift of a future interest.
Adverse Possession: Review Questions (PPL32)
1. Identify the students strong and weak substantive areas associated with adverse possession.
2. Identify the students strengths and weaknesses associated with the various questioning formats one might encounter on an examination.
3. Create a study plan to improve their understanding of adverse possession.
Landlord and Tenant: Periodic Tenancy (PPL33)
1. State the elements necessary to create a periodic tenancy by express agreement.
2. State the elements necessary to create a periodic tenancy by implication.
3. Explain the requirement of advance notice to terminate the periodic tenancy.
4. State the requirements of a proper notice of termination.
5. Identify hybrid leases, which combine the features of the tenancy for years and the periodic tenancy.
Rule Against Perpetuities 1: Common Law Rule Against Perpetuities (PPL34)
1. State the common law Rule Against Perpetuities accurately.
2. Identify the elements of the common law Rule Against Perpetuities.
3. List all interests to which the common law Rule Against Perpetuities applies.
4. Recognize when interests, to which the common law Rule Against Perpetuities applies, are created.
5. Define a "life in being" under the common law Rule Against Perpetuities.
6. Recognize when an interest, to which the common law Rule Against Perpetuities applies, might/might not become vested.
7. Determine what becomes of an interest that is not "good" under the common law Rule Against Perpetuities.
Implied Easements of Necessity (PPL36)
1. Define an implied easement of necessity.
2. Define the terms "dominant estate," "servient estate," and "necessity."
3. Identify the circumstances necessary for the court to imply an easement of necessity.
4. Explain prior common law ownership of the dominant and servient parcels.
5. Identify the time at which necessity must exist.
6. Describe the elements of a statutory implied easement of necessity.
Prescriptive Easements (PPL37)
1. Define a prescriptive easement.
2. Define tacking.
3. List the elements required to support acquisition of an easement by prescription.
4. Explain what constitutes open and notorious use.
5. Explain how a claimant meets the requirement of adverse use.
6. Discuss how a claimant satisfies the requirement of the right to use.
7. Discuss the importance of continuous and uninterrupted use.
8. Explain why the use must be for a prescriptive period.
Easements Implied from Prior Existing Use (PPL38)
1. Define the terms "dominant estate," "servient estate," and "quasi-easement."
2. List the four basic requirements for recognition of an implied easement from prior existing use.
3. Explain the requirement of common ownership for an easement to be implied from prior existing use.
4. Explain the requirement of regular and apparent use for an easement to be implied from prior existing use.
5. Explain the requirement of severance for an easement to be implied from prior existing use.
6. Explain the requirement of reasonably necessary continuance for an easement to be implied from prior existing use.
7. Compare an implied easement by grant with an implied easement by reservation.
8. Discuss the policy reasons for easements implied from prior existing use.
Landlord and Tenant: Tenancy at Will (PPL39)
1. Define a tenancy at will.
2. Discuss how the duration of a tenancy at will is determined.
3. Compare the two forms of implied tenancy at will.
4. Explain how parties might create a tenancy at will.
5. Explain how parties might terminate a tenancy at will.
6. Review the impact notice plays in terminating a tenancy at will.
7. Discuss the impact of a party's attempted transfer of the party's interest in a tenancy at will.
8. Relate the impact of the demise of one of the parties.
9. Describe a hybrid lease.
Landlord and Tenant: Tenancy at Sufferance (Holdover Tenants) (PPL40)
1. Define a tenancy at sufferance.
2. Describe creation of a tenancy at sufferance by express agreement.
3. Describe creation of a tenancy at sufferance by implied agreement.
4. Define the deterrence theory.
5. Explain options available to a landlord when a tenant holds over and becomes a tenant at sufferance.
6. Define a "quit or pay" notice.
7. Describe the liability of the tenant at sufferance for rent and other obligations.
Landlord and Tenant: Quiet Enjoyment (PPL41)
1. Define the covenant of quiet enjoyment.
2. Define actual eviction.
3. Define constructive eviction.
4. Define a partial eviction.
5. Identify the categories of potential wrongdoers whose actions might constitute a breach of the covenant of quiet enjoyment.
6. Compare lease provisions and ascertain the existence of an express covenant of quiet enjoyment.
7. Interpret language in the lease to determine whether the covenant of quiet enjoyment, if any, is dependent on the tenants performing the terms of another lease provision.
8. Identify the possible remedies available to a tenant when there has been a breach of the covenant of quiet enjoyment.
Rule Against Perpetuities 3: Reforms - Uniform Statutory Rule Against Perpetuities (PPL42)
1. State the statutory Rule Against Perpetuities.
2. Identify the elements of the statutory Rule Against Perpetuities.
3. List all interests to which the statutory Rule Against Perpetuities applies.
4. Recognize when interests to the statutory Rule against Perpetuities are created.
5. Recognize when an interest to which the statutory Rule Against Perpetuities applies might or might not become vested.
6. Determine what becomes of an interest that is not "good" under the statutory Rule Against Perpetuities.
7. Compare the analytical approach under the statutory Rule against Perpetuities with that of the common law approach.
Contract for Purchase and Sale 1: Formation and Terms (PPL43)
1. Explain a marketing contract as it relates to real estate transactions.
2. State the major property and contract issues typically regarding the marketing contract.
3. Define the executory period as it relates to a real estate transaction.
4. Explain the implied quality of title to be conveyed, if not addressed expressly in the marketing contract.
5. Explain the implied estate to be conveyed, if not addressed expressly in the marketing contract.
6. Explain the implied risk of loss for defects arising during the executory period, if not addressed expressly in the marketing contract.
7. Define equitable conversion
8. Explain the scope of the sellers Implied duty to disclose
Rule Against Perpetuities 2: Reforms - Cy Pres and Wait-and-See Doctrines (PPL44)
1. State the Cy Pres Doctrine.
2. Explain how the Cy Pres Doctrine modifies the common law Rule Against Perpetuities.
3. State the Wait-and-See Doctrine.
4. Explain how the Wait-and-See Doctrine modifies the common law Rule Against Perpetuities.
Financing Real Estate Transactions: A Basic Introduction (PPL45)
1. State the two primary concerns that arise when one party lends money to another.
2. List the instruments commonly involved in creating the borrowers debt to the lender and the borrowers duty to repay the debt.
3. Compare the functions of a mortgage, deed of trust, and an installment land sales contract.
Adverse Possession: Related Doctrines (PPL46)
1. Identify the elements of agreed boundaries.
2. State the elements of mutual recognition and acquiescence.
3. Relate the elements of estoppel.
4. State the elements of good faith improvement.
5. State the elements for adverse possession of personal property.
Licenses Contrasted: Easements by Estoppel (PPL48)
1. Define a license.
2. Define an easement by estoppel.
3. Define an easement coupled with an interest.
4. Contrast a license and an easement.
5. Explain the complications arising from the revocability of a license.
6. Discuss the rights and duties of licensors and licensees.
Termination of Easements (PPL50)
1. Define the term easement in gross.
2. Define the term dominant parcel.
3. Define the term easement appurtenant.
4. State the methods by which one may expressly terminate an easement.
5. List the methods by which easements may be terminated by operation of law.
Contract for Purchase and Sale 2: Remedies and the Merger Doctrine (PPL51)
1. Identify the traditional contract remedies available to a non-breaching party to a contract for the purchase and sale of real property.
2. Assess which of the available remedies is best suited to varying contract breaches.
3. Explain the merger doctrine.
4. Illustrate when to apply the merger doctrine.
Landlord and Tenant: Delivery of Possession and Title Covenants (PPL52)
1. State the two primary implied common law rules regarding the landlords duty to deliver possession to the tenant at the start of a lease.
2. Explain the justifications for the American rule.
3. Explain the justifications for the English rule.
4. Compare the results of applying the two primary implied common law rules regarding the landlords duty to deliver possession to the tenant at the start of a lease, to resolve conflicting claims to possession.
5. Relate the primary remedies potentially available to a tenant when the landlord breaches the duty to deliver possession to a tenant at the beginning of a lease.
6. State the implied common law rule regarding title covenants in a lease.
7. Explain the impact of the covenant of quiet enjoyment on the landlords duty to deliver possession.
8. Analyze the impact of back-to-back leases on the landlords duty to deliver possession.
Landlord and Tenant: Constructive Eviction (PPL53)
1. Define constructive eviction.
2. State the elements of constructive eviction.
3. Identify behaviors that would constitute an interference for purposes of constructive eviction.
4. Explain when interference becomes substantial.
5. Assess the role of abandonment with respect to constructive eviction.
6. Evaluate the concept of partial constructive eviction.
Covenants, Equitable Servitudes and Restrictions 1: Creation (PPL55)
1. Define a covenant.
2. Define an equitable servitude.
3. Define an affirmative restriction.
4. Define a negative restriction.
5. Define a deed poll.
6. Define a reciprocal negative easement/covenant.
7. Identify what types of relationships typically give rise to a restriction on the use of real property.
8. Explain what is required for one to create express restriction.
9. Explain what is required for one to create implied restriction.
10. Explain how estoppel affects the creation of a restriction.
11. Relate how a declaration of covenants, restrictions and servitudes might create an implied restriction.
12. Restate a logical analytical approach to assessing the existence and effect of a covenant, equitable servitude and restriction on the use of real property.
Covenants, Equitable Servitudes and Restrictions 2: Determining the Validity and Scope (PPL56)
1. Recall the criteria utilized to determine whether a restriction is invalid.
2. Report the elements to consider in order to determine whether a restriction offends public policy.
3. Recognize the bases on which one might find that a restriction violates the common law.
4. Name the types of statutory and regulatory schemes that might be considered in determining a restrictions validity.
5. Discuss how a court determines whether a restriction applies to allegedly restricted behaviors.
Covenants, Equitable Servitudes and Restrictions 3: Who Has the Right to Enforce Covenants and Equitable Servitudes? (PPL57)
1. Define who qualifies as an original promisee.
2. Identify which parties other than an original promisee might have the right to enforce a restriction.
3. Describe who qualifies as a successor to the original promisee.
4. State the criteria necessary for a successor to have the right to enforce the restriction.
5. Define a third party to be considered for enforcing a restriction.
6. Explain the criteria needed for a third party to have the right to enforce a restriction.
7. Define a reciprocal negative easement/covenant.
8. Define the following key elements as they relate to determining who has the right to enforce covenants/promises: Horizontal Privity; Intent; Touch and Concern; Vertical Privity; and Notice.
Covenants, Equitable Servitudes and Restrictions 4: Against Whom May One Enforce the Promise? (PPL58)
1. Define who qualifies as an original promisor.
2. Identify which parties other than an original promisor might qualify as one against whom a restriction might be enforced.
3. Describe who qualifies as a successor to the original promisor.
4. Identify the elements necessary for the burden to be enforceable at law against someone who is not the original promisor.
5. Identify the elements necessary for the burden to be enforceable in equity against someone who is not the original promisor.
6. Define the following key elements as they relate to determining against whom there is a right to enforce covenants/promises: Horizontal Privity; Intent; Touch and Concern; Vertical Privity; and Notice.
Covenants, Equitable Servitudes and Restrictions 5: Defenses to Enforcement (PPL59)
1. Name the most likely sources from which one might find defenses to the enforcement of covenants, equitable servitudes and restrictions.
2. Relate which defenses might arise from the parties intentions.
3. Recall which defenses might arise from contract related law.
4. Cite which defenses might arise from property related law.
5. Explain which defenses might arise from equity.
Future Interest Rules (PPL60)
1. Identify the key aspects of the Merger Rule.
2. Define the Merger Rule.
3. Discuss the exceptions to the Merger Rule.
4. Recognize how the Merger Rule operates.
5. Identify the key aspects of the Rule in Shellys Case.
6. Identify the requirements for the Rule in Shellys Case to apply.
7. Recognize how the Rule in Shellys case operates.
8. Identify the key aspects of the Doctrine of Worthier Title.
9. Define the Doctrine of Worthier Title.
10. Discuss the exceptions to the Doctrine of Worthier Title.
11. Recognize how the Doctrine of Worthier Title operates.
Marketable Title Acts and Marketable Record Title Acts (PPL61)
1. Discuss the goals of marketable title acts and marketable record title acts.
2. Define marketable as it relates to title to real property.
3. Define chain of title as it relates to title to real property.
4. Define a record chain of title as it relates to real property.
5. Define root of title.
6. Explain the process utilized to determine the existence of a root of title.
7. Discuss the effect of a root of title.
8. Identify exceptions to the impact of the uniform marketable title act.
The Estate System: A Review (PPL62)
1. Identify estates created in transferees by various transfers.
2. Identify future interests retained by the transferors in various transfers.
3. Identify future interests created in the transferees in various transfers.
Covenants of Title and Types of Deeds (PPL63)
1. List the six types of covenants of title that have evolved under modern law.
2. Explain the protections each covenant of title provides.
3. Explain the distinction between present and future covenants of title.
4. Identify when a present covenant of title is breached.
5. Identify when a future covenant of title is breached.
6. List which of the covenants of title are present covenants of title.
7. List which of the covenants of title are future covenants of title.
8. Define a general warranty deed.
9. Define a special warranty deed.
10. Define a quit claim deed.
Finders of Personal Property (PPL64)
1. Restate the elements necessary for one to become a finder of personal property.
2. State the elements of abandoned property.
3. Relate the elements of lost property.
4. Evaluate the potential application of statutory changes to the common law regarding finders.
5. Explain treasure trove and its application in the United States.
6. Assess the relative rights of finders, owners and other competing parties.
Bailments (PPL65)
1. Define a bailment.
2. Identify the different types of bailments.
3. Demonstrate how to create a bailment.
4. Explain the different types of bailments.
5. Explain the rights and duties of parties to bailments.
Ethics of Fees (PR13)
1. State when a written fee agreement is required.
2. List the factors relevant to determining reasonableness of a fee.
3. Explain the appropriate methods of calculating fees, including hourly, contingent and flat fee calculations.
4. List the appropriate methods of charging for expenses.
5. Explain under what circumstances attorneys may share fees.
Judicial Ethics and Conduct - Chapter 2 Review Questions (PR18)
1. State the language of Canon 1.
2. List two actions that could create the appearance of impropriety.
3. Provide an example of a judge's improper demeanor on the bench.
4. State an example of a judge's noncompliance with the law off the bench.
Judicial Ethics and Conduct - Chapter 3 Review Questions (PR19)
1. State the language of Canon 2.
2. List two examples of civic involvement that a judge cannot engage in outside of her judicial duties.
3. Explain the standards of behavior that the judge must hold others to in his courtroom.
4. Explain how a judge must treat comments about pending cases made by the attorneys outside of the courtroom.
5. Describe a judge's responsibility if he believes that another judge has a problem with substance abuse.
Judicial Ethics and Conduct - Chapter 4 Review Questions (PR20)
1. List examples of ex parte communications.
Judicial Ethics and Conduct - Chapter 5 Review Questions (PR21)
1. State the standard for recusal.
2. Explain how the appearance of impropriety may (or may not) impact a judge's decision to recuse herself from a case.
3. Explain when it is proper to allow the lawyers to waive any potential objection to a judge hearing a case.
4. List examples of permissible judicial bias.
Judicial Ethics and Conduct - Chapter 6 Review Questions (PR22)
1. Provide examples of extrajudicial organizations that a judge may not belong to.
2. Provide examples of when a judge cannot serve as a character witness.
3. Define who a judge may represent in a lawsuit.
4. Explain the limits of statements that a judicial candidate can make during her campaign.
Mortgages: Theories and Redemption (RE03)
1. List the three mortgage theories.
2. Explain who actually owns land that is subject to a mortgage.
3. Explain equity of redemption.
4. Explain when and why foreclosure is needed.
5. Describe the difference between judicial and power-of-sale foreclosures.
6. Distinguish between equity of redemption and statutory redemption.
7. Describe the effect of the Uniform Land Transactions Act (ULTA).
8. Describe the effect of the Uniform Land Security Interest Act (ULSIA).
Purchase Options: Their Uses in Real Estate Transactions (RE07)
1. Demonstrate a knowledge of substantive legal doctrine fundamental to the uses of options in real estate transactions.
2. Identify legal issues and apply legal reasoning and analysis to determine in a logical and structured manner the appropriate uses of options in real estate transactions.
3. Communicate the legal reasoning and analysis regarding the uses of options in real estate transactions.
4. Demonstrate a proficiency in reading critically the materials related to the uses of options in real estate transactions.
Purchase Options: Problems Unique to Real Estate (RE08)
1. Demonstrate a knowledge of substantive legal doctrine fundamental to the problems associated with utilizing options in real estate transactions.
2. Identify legal issues and apply legal reasoning and analysis to determine in a logical and structured manner the problems associated with utilizing options in real estate transactions.
3. Explain the legal reasoning and analysis regarding the problems associated with using options in real estate transactions.
4. Demonstrate a proficiency in reading critically materials related to problems associated with using options in real estate transactions.
Letters of Intent in Real Estate Transactions (RE09)
1. Identify what constitutes a letter of intent.
2. Explain why letters of intent are used in real estate transactions.
3. Discuss how letters of intent are used in real estate transactions.
4. Discuss what might a court interpret a letter of intent to be.
5. Relate the dangers of using letters of intent in real estate transactions.
6. State how one might avoid the dangers of using letters of intent in real estate transactions.
Equitable Remedies - An Overview (REM02)
1. Identify the main categories of equitable remedies.
2. Give examples of the purposes served by the equitable remedies.
3. Distinguish between rescission and reformation.
Characterizing Remedies (REM03)
1. Identify the characteristics of equity.
2. Discuss some reasons why it matters whether an action is characterized as legal or equitable.
3. Analyze how the characterization of a particular remedy as legal or equitable can affect litigation.
History of Equity (REM04)
1. Define a writ.
2. Discuss why the powerless in society would have been without effective remedies were it not for the Chancellor's equitable powers.
3. Explain the flexibility that Chancery had.
4. Analyze how the system of rules and remedies that grew out of the historical Chancery court we know today as Equity.
Compensatory Damages: Terminologies and Basic Concepts (REM05)
1. Define the legal remedy of damages.
2. Distinguish compensatory damages from other categories of damages.
3. Analyze the difference between "general" versus "special" damages.
4. Discuss the impact when damages are categorized as "pecuniary" or "non-pecuniary."
The Equitable Defense of Laches (REM06)
1. Define laches.
2. State the policy reasons that support the laches defense.
3. List the elements of the laches defense.
4. Explain the relationship between unreasonableness of delay and prejudice.
Unclean Hands (REM07)
1. Explain the analytical framework of the unclean hands defense.
2. Discuss the type of misconduct that must exist for the defense to apply.
3. Analyze the issues of whether the misconduct relates to the acquisition of the right being asserted.
4. Define collateral wrongdoing.
5. List exceptions to unclean hands defense.
Irreparable Injury (REM08)
1. Define the critical question in most "irreparable injury" cases.
2. Explain under what circumstances courts are reluctant to grant specific performance.
3. Analyze the issues of "irreparable injury" when plaintiff must bring a multiplicity of lawsuits to vindicate his rights.
The Policy Debate over Attorney's Fees Rules (REM09)
1. Define the American Rule for attorneys fees.
2. Distinguish the American Rule from the English Rule.
3. Analyze the policy reasons that support each rule.
Tracing (REM10)
1. State the most common approaches to tracing of property used in various settings.
2. Discuss some methods to follow a client's property and funds through various transactions.
3. Identify the general prerequisites for the legal in-specie remedy of replevin and other equitable restitutionary remedies.
4. Discuss two main approaches to tracing funds into and out of commingled accounts.
Equitable Discretion (REM12)
1. Explain why courts might decide to deny equitable relief.
2. Discuss the problem of continuing supervision, as courts decide whether to grant equitable relief.
3. Analyze situations in which the court weighs the impact on the public in granting injunctive relief.
Equitable Protection of Restitution: The Accounting for Profits (REM13)
1. Contrast the underlying principles of restitution with unjust enrichment.
2. List the four equitable tools that courts use to protect the right to restitution.
3. List the elements of restitution.
4. Explain situations where damages are superior to restitution.
5. Explain situations where restitution can be a preferable alternative to damages.
6. Discuss accounting for profits where the defendant is involved in an ongoing business practice which has somehow made use of the plaintiff's property to turn a profit.
7. Analyze the apportionment defense that allows the defendant to establish that some portion, if not all, of the profits was attributable to factors other than the wrongful conduct.
Interests Protected (REM14)
1. Describe the three main categories of "interests" that may be asserted in any damages case, depending upon the type of injury, as well as the individual circumstances involved.
2. Discuss the purpose of the expectancy (or expectation) interest.
3. Discuss the purpose of the reliance interest.
4. Discuss the purpose of the restitution interest.
5. Explain how the three categories of interests are interrelated.
Preliminary Injunctive Relief (REM15)
1. Explain the distinction between equitable remedies and legal remedies.
2. Describe when and why preliminary injunctive relief is granted.
3. Contrast the two different types of preliminary injunctions: the temporary restraining order (a/k/a "TRO" or "restraining order") and the preliminary or temporary injunction.
4. List the five factors courts require of plaintiffs to grant preliminary relief.
5. Explain the distinction between prohibitory and mandatory injunctions.
Framing Injunctions (REM16)
1. Discuss why injunctions must be framed with "specificity" and with "reasonable detail."
2. Explain why a court always has discretion to deny relief even when the plaintiff is suffering immediate and irreparable injury.
3. Analyze ways in which attorneys are allowed to participate in the process of drafting the decree.
Equitable Protection of Restitution: The Constructive Trust and Equitable Lien (REM17)
1. Define constructive trust.
2. Define an equitable lien.
3. Explain when constructive trusts and equitable liens are available.
4. Discuss constructive trust as an equitable remedy.
5. Analyze the purpose of equitable lien as an equitable remedy.
Election of Remedies Doctrines (REM18)
1. Identify the most common areas of law in which you will see the doctrine of election of remedies.
2. Analyze the underlying principles that drive the doctrine of election of remedies.
3. Describe situations in which the election may occur.
4. Explain issues of inconsistent remedies, overlapping remedies and contractual or statutory election of remedies.
Contempt Overview (REM19)
1. Describe the functions of both criminal and civil contempt.
2. List the four types of contempt.
3. Explain the function of each of the four types of contempt.
4. Explain the importance of distinguishing between the four types of contempt.
5. List the requirements for each type of contempt.
Non-Economic Damages: Proof and Argument (REM20)
1. Explain the prerequisites for recovering non-economic damages.
2. List evidentiary challenges in proving pain and suffering damages.
3. Explain the various methods of arguing damages to a jury.
4. State an example to show that the measurement and proof of damages is subjective and to a degree speculative.
5. List the kinds of documentary evidence that might provide more "objective" evaluation of the plaintiff's claims of pain and suffering.
Adjustments for Present Value and Future Inflation (REM21)
1. Define the term present value.
2. Explain the meaning of each variable in the formula PV = FV x 1/(1 + r)n used to calculate present value.
3. Explain the concept of the time value of money.
4. Discuss the rationale for making present value adjustments of future pecuniary losses.
5. Define the term future earnings.
6. Explain the importance of calculating the present value of a future income stream.
7. Discuss the general guidelines for making present value adjustments to damage awards.
8. Define price inflation, as the term is used to determine adjustments for future inflation.
9. State the importance of the Supreme Court decision in Jones & Laughlin Steel Corp. v. Pfeifer on making adjustments to any damage award.
10. Analyze the three different methodologies from Jones & Laughlin Steel Corp. v. Pfeifer that can be used to adjust any future pecuniary damage award.
Restitution: Unjust Enrichment (REM22)
1. Discuss the importance of the 1760 case Moses v. MacFerlan.
2. State the definition of restitution from the Restatement of Restitution.
3. Analyze the term "unjust enrichment," that depends heavily on factual context.
4. Explain the two questions courts ask in restitution cases.
5. Discuss how in determining whether an unjust enrichment has occurred, a court is making a policy judgment about what is fair.
6. Explain the underlying principle of unjust enrichment.
Recovery of Attorneys Fees (REM23)
1. Explain the "American Rule."
2. Analyze some of the exceptions to the "American Rule."
3. Explain when a party may be required to pay attorneys fees as damages rather than costs.
4. Discuss some of the policy reasons for fee-shifting.
5. Discuss a problem with the "American Rule" that presents a risk that individuals will misuse the legal system.
Defamation Remedies (REM29)
1. Define libel and slander.
2. List the allegations that would result in a finding of slander per se under common law.
3. Analyze the remedies available to plaintiffs in defamation actions.
4. Explain how a public official or a public figure requires the plaintiff to prove that the defendant acted with "actual malice" in publishing the defamatory statements.
5. Analyze the importance of the 1964 Supreme Court case New York Times Co. v. Sullivan.
6. Discuss the standard of proof for private defamation plaintiffs.
7. Apply the rules of the three Supreme Court decisions, New York Times, Gertz, and Dun.
In Personam Remedies (REM31)
1. Define in personam.
2. Explain the basic distinction between so-called in personam decrees and monetary judgments.
3. Discuss how in personam decrees are enforceable through the remedy of contempt.
4. Provide an example illustrating why in personam remedies are awarded on a discretionary basis.
5. Analyze some of the policy reasons for continuing to distinguish between in personam decrees and monetary judgments.
Injunctions Against Speech I [Judicial Orders (frequently Injunctions) & Speech] (REM32)
1. Discuss the concept of prior restraints of speech, particularly in the context of defamation, national security, and obscenity.
2. Analyze the conflict between court orders ("gag orders") and speech.
3. Explain why courts have been more inclined to permit orders and restrictions on obscenity.
ITT v LTX. An Interactive Exploration of UCC Article 2 (SAL01)
1. Analyze how the elements of a claim for breach of contract are satisfied by facts.
2. Appraise the choices made by attorneys in litigating a contracts case, and how the different levels of courts respond to their arguments.
3. Demonstrate how the elements of a breach of warranty claim are satisfied.
4. Give examples of how the rules of UCC Article 2 and the common law of contracts are exemplified in contract warranty litigation.
Resales of Securities Under Rule 144 (SEC08)
1. Apply the main requirements of Rule 144 to determine whether a sale fits within the Rule 144 exemption.
2. List the requirements to use Rule 144.
3. Define the term "affiliate."
4. Explain when a holding period applies to sales.
5. Explain when there is a limit on the amount of securities that can be sold.
6. List the three types of transactions under which securities must be sold.
7. Describe when a seller must file a notice of sale.
Rule 701 and Compensatory Benefit Plans (SEC09)
1. Apply the main requirements of Rule 701 to determine if offers and sales fit within the exemption.
2. List the requirements that Rule 701 imposes in order for a compensatory benefit securities plan to avoid registration.
Regulation D: The Rule 504 Exemption (SEC10)
1. List the three types of companies that are excluded from using the Rule 504(a) exemption.
2. List two of the requirements from Rule 504(b)(1) that are necessary to qualify for the exemption.
3. Describe the purpose of Rule 502(c) and any of its exceptions.
4. Define the resale restrictions in Rule 502(d).
5. Explain the function of Rule 508.
6. Apply the main requirements of Rule 504 to determine if offers and sales fit within the exemption.
Regulation D: The Rule 506(b) and 506(c) Exemptions (SEC11)
1. Explain the history of the development of the Rule 506(b) exemption.
2. List the Rule 506(b) requirements.
3. List the Rule 506(c) requirements
4. Define what constitutes a single offering.
5. Apply the main requirements of Rule 506(b) and Rule 506(c) to determine if offers and sales fit within either exemption.
An Introduction to the Federal Crowdfunding Exemption: Part 1 (SEC12)
1. Apply the basic requirements of the exemption to determine if it is available to a particular offering.
2. Explain how crowdfunding offerings work.
3. Apply the offering amount limitation.
4. Explain which issuers are eligible to use the exemption.
5. Discuss and apply the restrictions applicable to crowdfunding investors.
6. Restate the limitations on crowdfunding intermediaries and how they must conduct offerings pursuant to the exemption.
7. Describe the disclosure requirements of the exemption.
8. Apply the resale restrictions applicable to crowdfunded securities.
9. Understand the protection available for insignificant deviations from the exemption's requirements.
An Introduction to the Federal Crowdfunding Exemption: Part 2 (SEC13)
1. Apply the basic requirements of the exemption to determine if it is available to a particular offering.
2. Explain how crowdfunding offerings work.
3. Apply the offering amount limitation.
4. Explain which issuers are eligible to use the exemption.
5. Discuss and apply the restrictions applicable to crowdfunding investors.
6. Restate the limitations on crowdfunding intermediaries and how they must conduct offerings pursuant to the exemption.
7. Describe the disclosure requirements of the exemption.
8. Apply the resale restrictions applicable to crowdfunded securities.
9. Understand the protection available for insignificant deviations from the exemption's requirements.
What is an Investment Contract? (SEC14)
1. Explain why it is important to determine if something is an investment contract.
2. List the four elements of the test from SEC v. W. J. Howey Co.
3. State an example of a horizontal common enterprise.
4. State an example of a vertical common enterprise.
5. Explain the disagreement among lower courts between a horizontal common enterprise and a vertical common enterprise.
Basic Federal Income Taxation: Gross Income: Realization Concepts in Gross Income (TAX101)
1. Explain the application of I.R.C. section 61 to different fact patterns.
Basic Federal Income Taxation: Gross Income: The Taxability of Employment Connected Payments: Fringe Benefits, Meals and Lodging, Unemployment Compensation, and Social Security Benefits (TAX102)
1. Provide an example of a no additional cost service fringe, a working condition fringe, a de minimis fringe, and a qualified transportation fringe, as described in § 132(a)(1), (3), (5).
2. Apply the § 119 exclusion for meals and lodging furnished for the convenience of the employer and the § 79 exclusion for group term life insurance.
3. Explain how the constitutionality issues in Gaylor v. Mnuchin may change the parsonage allowance.
4. Explain what portion of an employee discount is excluded from gross income.
5. Calculate what portion of a retiree's Social Security benefits is includible in her gross income.
Basic Federal Income Taxation: Gross Income: Annuities and Life Insurance Proceeds (TAX103)
1. Explain when annuity payments are included in gross income.
2. Calculate the exclusion ratio under §72(b).
3. Explain when death benefits are included in gross income.
4. Explain when interest payments received on life insurance proceeds are taxable to a beneficiary.
Basic Federal Income Taxation: Gross Income: Damages and Related Receipts (TAX105)
1. Apply § 106(a).
2. Explain when an employee can exclude from gross income insurance proceeds from his medical coverage.
3. Explain when workers' compensation amounts are excluded or included in gross income.
4. Explain when amounts received for physical injuries are excluded or included in gross income.
5. Explain when damages for emotional distress are excluded or included in gross income.
Basic Federal Income Taxation: Gross Income: Claim of Right Doctrine (TAX106)
1. Explain the claim of right doctrine.
2. Explain the types of repayment obligations sufficient to prevent application of the claim of right doctrine.
3. Explain the types of restrictions on use sufficient to prevent application of the claim of right doctrine.
Basic Federal Income Taxation: Gross Income: Gifts, Bequests, Prizes, and Donative Cancellations of Indebtedness (TAX107)
1. Apply the rules under I.R.C. § 102 and all its sub-sections.
Basic Federal Income Taxation: Gross Income: Scholarships (TAX108)
1. Explain the application of § 117(a) to an individual's gross income.
2. Explain the application of § 117(d) to an employee's gross income.
3. Define "qualified tuition and related expenses."
4. Explain the effect of an employment condition on a conditional scholarship.
Basic Federal Income Taxation: Gross Income: Indirect Transfers for Services (TAX109)
1. Explain when a transfer for a taxpayer's benefit will be taxable to the taxpayer even though the transfer is made to someone other than the taxpayer.
2. Explain how to compute service income when property is received without restrictions in exchange for services.
3. Explain how to compute basis on property received without restrictions in exchange for services.
Basic Federal Income Taxation: Gross Income: Receipt of Property as Compensation (TAX111)
1. Explain the amount of compensation income included under § 83(a).
2. Explain the effect of a § 83(b) election.
3. Explain the effect of an arm's length transfer of property by an employee when original receipt of the property was governed by § 83.
Basic Federal Income Taxation: Deductions: Trade or Business Deductions (TAX112)
1. Give examples of "ordinary and necessary" business expenses.
2. Provide examples of costs that are capitalized expenditures rather than deductible business expenses, including repairs.
3. Explain when job-seeking costs are deductible under § 162.
4. Explain the difference in treatment under § 162 between expanding an existing business and entering into a new business.
Basic Federal Income Taxation: Deductions: Deductions for Taxes (TAX113)
1. Recognize which taxes are deductible under § 164(a)(1)-(4) and the § 164(b)(5) election.
2. Distinguish whether taxes are deductible under the flush language of § 164(a) or are non-deductible under § 275.
3. Describe how to apportion real property taxes between seller and buyer under § 164(d).
4. Acquire familiarity with multiple examples of tax vs. non-tax payments.
Basic Federal Income Taxation: Deductions: Interest Deductions (TAX115)
1. Distinguish the different treatment of business, investment, and personal interest under § 163.
2. Examine the extent to which investment interest is deductible under § 163(d).
3. Discuss the limitations on the deduction of personal interest.
4. Apply the rules for deducting student loan interest under § 221.
5. Evaluate the extent to which home mortgage interest is deductible under § 163(h).
Basic Federal Income Taxation: Deductions: Traveling Expenses (TAX116)
1. Demonstrate the ability to apply I.R.C. section 162.
2. Define a permitted travel expense under the I.R.C.
Basic Federal Income Taxation: Deductions: Below Market Loans (TAX117)
1. Identify the types of loans to which I.R.C. § 7872 may apply, including gift loans, compensation-related loans, and corporation-shareholder loans.
2. Explain the general federal income tax treatment of below-market gift loans.
3. Describe the exception for de minimis gift loans and the special limitation for gift loans that do not exceed $100,000.
4. Explain the general federal income tax treatment of below-market, demand loans that are compensation-related or between corporation and shareholder.
Basic Federal Income Taxation: Deductions: Education Expenses (TAX118)
1. Explain when education expenses will constitute § 162 trade or business expenses.
2. Determine when the costs of obtaining a new degree or license will qualify as § 162 education expenses.
3. Recognize when the § 274(m)(2) limitation on travel as a form of education applies.
4. Discuss how the disallowance of miscellaneous itemized deductions for the years 2018 through 2025 affects a taxpayer's ability to deduct otherwise qualifying § 162 education expenses.
Basic Federal Income Taxation: Deductions: Basic Depreciation Concepts (TAX120)
1. Explain how to use a § 168 table to calculate depreciation.
2. Explain the dollar limitations of § 179.
3. Explain differences between the alternate depreciation system and § 168 MACRS depreciation.
4. Explain the relationship among § 179 expensing, § 168(k) bonus depreciation, and § 168 MACRS depreciation.
Basic Federal Income Taxation: Deductions: Charitable Contribution Deductions: Basic Concepts and Computations (TAX124)
1. Distinguish voluntary gift contributions from other types of transfers.
2. Explain the treatment of donation of services and out-of-pocket costs incurred in providing services.
3. Recognize and compute the overall percentage limitations that apply to the deduction of contributions to public and private charities.
4. Discuss the difference between donations by individuals and donations by corporations.
Basic Federal Income Taxation: Taxable Income and Tax Computation: Claim of Right Mitigation Doctrine (TAX127)
1. Describe accurately the function of I.R.C. § 1341, including its relationship to the claim of right doctrine and to statutory deductions, such as I.R.C. § 162.
2. Identify the eligibility requirements to obtain the benefit of I.R.C. § 1341 and explain the situations in which that benefit will not be available.
3. Apply the computational rules of I.R.C. § 1341 to a repayment of income previously included under an unrestricted right.
Basic Federal Income Taxation: Taxable Income and Tax Computation: Taxation of Minor Children's Income (TAX129)
1. Identify who is subject to the rate adjustment rules of I.R.C. § 1(g) (known as the kiddie tax).
2. Provide examples of unearned income subject to the rate adjustment rules of I.R.C. § 1(g).
3. Make the computations required by I.R.C. § 1(g) when an individual subject to the section has unearned income.
Basic Federal Income Taxation: Taxable Income and Tax Computation: Dependent Care Credit (TAX130)
1. Identify qualifying individuals of a taxpayer for purposes of the dependent care credit.
2. Describe the types of costs that qualify as employment-related expenses for purposes of computing the dependent care credit.
3. Compute the dependent care credit.
Basic Federal Income Taxation: Property Transactions: Computation of Gain and Loss Realized (TAX131)
1. Explain how to compute basis in a purchase where a commission is paid.
2. Explain how to compute gain and loss realized on the sale of property.
3. Explain how to compute basis on property gifted from a decedent.
4. Distinguish basis received in a gratuitous transfer from a decedent and living individual.
Basic Federal Income Taxation: Property Transactions: Capital Loss Mechanics (TAX132)
1. Calculate a taxpayer's net capital gain and loss, including for a corporation.
2. Explain the rules for carrying forward an individual's capital losses.
Basic Federal Income Taxation: Property Transactions: Exclusion of Gain on the Sale of a Principal Residence (TAX133)
1. Recognize that § 121 provides a permanent exclusion for up to $250,000 (or $500,000 for joint returns) of gain on the sale of a principal residence.
2. Calculate the amount of gain excluded under § 121 on the sale of a principal residence.
3. List the circumstances that may reduce the maximum § 121 exclusion amount.
Basic Federal Income Taxation: Property Transactions: Identification of Section 1231 Property (TAX134)
1. Understand the holding period requirement for § 1231 property used in a trade or business.
2. Understand the types of business assets that are not considered § 1231 property used in a trade or business.
3. Understand the difference between investment or personal-use property and § 1231 property used in a trade or business.
Basic Federal Income Taxation: Property Transactions: Capital Asset Identification (TAX135)
1. Understand how § 1221(a) operates to distinguish non-capital assets from capital assets.
2. Acquire familiarity with multiple examples of non-capital and capital assets.
3. Understand that § 1221(a) applies only if the taxpayer holds "property."
Basic Federal Income Taxation: Property Transactions: Section 1231 Mechanics (TAX136)
1. Identify which gains and losses are included in the § 1231 hotchpot.
2. Distinguish between the § 1231(a)(4)(C) firepot and the § 1231 hotchpot.
3. Evaluate which casualty and theft gains and losses must be analyzed through the § 1231(c)(4)(C) firepot.
4. Discuss the effect of the § 1231 firepot and hotchpot on the character of § 1231 gains and losses.
Basic Federal Income Taxation: Property Transactions: Capital Gain Mechanics (TAX137)
1. Explain how to calculate "net capital gain."
2. Explain how to calculate "capital gain net income."
3. Explain the differences between gross capital gain, net capital gain, and capital gain net income.
Basic Federal Income Taxation: Timing: Cash and Accrual Methods of Accounting (TAX138)
1. Describe the timing rules for a cash-method taxpayer as to checks, credit cards, notes, and contracts.
2. Describe the timing rules for an accrual-method taxpayer as to checks, credit cards, notes, and contracts.
3. Identify the situations in which a taxpayer is not permitted to use the cash method of accounting.
4. Explain how rules requiring the capitalization of pre-payments interact with the cash method of accounting.
5. Apply the timing rules for deducting home mortgage points for purposes of the home mortgage interest deduction.
Basic Federal Income Taxation: Timing: Installment Sales: Second Dispositions by Related Parties and Contingent Payments (TAX140)
1. Describe the consequences if a taxpayer enters into an installment sale with a related party (first disposition) and the related party subsequently sells the purchased asset (second disposition).
2. Compute the amount of the accelerated payment treated as received by the taxpayer on a second disposition.
3. Explain the relationship of open transaction treatment and the § 453 contingent payment regulations.
4. Identify the three approaches the § 453 regulations take with respect to contingent payments.
5. Use the § 453 regulations to calculate the gain for contingent payments received when there is a maximum sales price; a fixed number of years; or neither a maximum sales price nor fixed number of years.
Basic Federal Income Taxation: Assignment of Income: Assignment of Income: Property (TAX141)
1. Explain the significance of the power to direct the use of income.
2. Distinguish between gifts of stock made before and after the date that a dividend is declared.
3. Explain the federal income tax effect of a gratuitous assignment of income-producing property under a contract for sale.
Basic Federal Income Taxation: Assignment of Income: Assignment of Income: Services (TAX142)
1. Explain when a waiver of salary must occur to be excluded from gross income.
2. Explain the importance of control in determining whether salary is included in gross income.
3. Determine when an individual is an agent and why this matters for control.
Corporate Taxation: Formation: Formation of C Corporations: Basic Issues (TAX143)
1. Explain that § 351 provides nonrecognition treatment for transferors of property to a controlled corporation.
2. Explain that § 1032 provides a corporation with nonrecognition treatment for use of its own stock in an exchange for cash, property, or services.
3. Calculate the amount of gain recognized under § 351(b) if boot is received in a § 351 transfer.
4. Determine a property transferor's basis and holding period in the shares received in a § 351 transaction.
5. Determine the corporation's basis and holding period in gain property received by the corporation through a § 351 transaction.
Partnership Taxation: Partnership Operation: Transactions Between Partners and Partnerships (TAX233)
1. Distinguish between § 707(a)(1) and § 707(c) guaranteed payments.
2. Explain the timing for the partner and the partnership for income inclusion and deduction or capitalization of a § 707(a)(1) payment and of a § 707(c) payment.
3. Distinguish between a § 707(c) guaranteed payment and a § 704 distributive share allocation followed by a distribution.
S Corporation Taxation: Taxation of the S Corporation: S Corporation Built-In Gains: General (TAX267)
1. Identify C corporation items that may give rise to recognized built-in gains or losses when a C corporation elects S corporation status.
2. Describe special rules applicable to determining the built-in gain or loss relating to receivables, § 481 adjustments, cancellation of indebtedness, tort judgment payments, and installment reporting.
Intent One: The Use of Intent in Tort (TRT01)
1. Explain the Restatement of Torts concept of intent.
2. Analyze issues involving intent, including the requisite state of mind, and knowledge of consequences of harmful contact.
3. Discuss why the issues of specificity of person and intent must be simultaneous with the act.
Intentional Torts and Defenses (TRT04)
1. Define "intent," including transferred intent and mistake, and the requirements of an intentional tort.
2. Analyze the elements of the intentional torts of battery, assault, false imprisonment and intentional infliction of emotional distress.
3. Describe and analyze the torts against property.
4. Discuss the intentional tort defenses.
Negligence Elements and Defenses (TRT05)
1. Explain the traditional elements of negligence.
2. Analyze the general elements of duty and breach of duty, including res ipsa loquitur.
3. Describe the issues involved in causation and damages.
4. Discuss negligence defenses, including contributory negligence, assumption of risk, immunities and the statutes of limitations.
Palsgraf v. Long Island RR Co. PodCast (TRT05P)
1. State additional facts that were not included in Justice Cardozo's opinion.
2. Explain the primary differences between the majority and dissenting opinions.
Reasonable Person (TRT06)
1. Identify the basic definitions necessary to understand the concept of a reasonable person.
2. List the three parts of duty.
3. Explain why understanding the concept of a reasonable person is important.
4. Explain why the duty required by negligence is an objective standard.
5. Discuss the role of the jury in determining whether the standard of a reasonable person has been met.
6. Define custom.
7. Analyze the role of custom in the reasonable person standard.
Comparative Fault (TRT07)
1. Explain three main types of comparative fault systems.
2. Analyze when and how the different systems lead to different results, especially to aggregation of multiple defendants' fault.
3. Discuss in what respects the plaintiff's conduct is being compared with the defendant's conduct.
General Concepts of Damages in Torts (TRT08)
1. Discuss the structure, function, and terminology of the law of damages in torts cases.
2. Define general damages.
3. Define special damages.
4. Define nominal damages.
5. Distinguish the concepts of general, special and nominal damages.
6. Analyze the problems of measurement of damages.
Children and Others of Diminished Capacity (TRT09)
1. Discuss the traditional negligence standard of care for children.
2. Analyze the exceptional circumstances of when the adult standard applies to children.
3. Identify the special, clearly defined categories of people who have different standards of care.
Battery Basics (TRT10)
1. Define the elements of battery, including intent, harmful contact and damages.
2. Apply the elements of battery to some common fact situations.
3. Analyze common misconceptions about battery.
Causation in Fact (TRT11)
1. Recall the two concepts of causation.
2. Discuss the difference between cause in fact and legal or proximate cause.
3. List the two tests that courts use to determine whether cause in fact has been established.
4. Analyze issues relating to concurrent cause problems.
5. Quote the "but for" test from the Restatement (Third) of Torts.
6. Quote the "substantial factor" test from the Restatement (Third) of Torts.
7. Identify problems in identifying which harm was caused to the plaintiff by multiple negligent defendants.
Battery Puzzlers (TRT12)
1. Review briefly the elements of the tort of battery.
2. Analyze the nature of intent.
3. Apply the principles of the old tort of battery to today's new fact situations, such as second-hand smoke and crowded subway cars.
General Professional Standard (TRT13)
1. Discuss the typical and usual standard of care of professionals.
2. Explain the standard of care confronting attorneys as professionals.
3. Analyze the issues that involve locality, skill and custom.
Occupiers' Liability to Trespassers (TRT14)
1. Discuss issues involved with the liability of occupiers of premises to trespassers on those premises.
2. Analyze who is a trespasser.
3. Analyze the duty owed by occupiers to trespassers.
4. Compare the duty owed to child trespassers with that owed to adult trespassers.
Damages for Harms to Real Property (TRT15)
1. Explore how courts provide compensation to plaintiffs for harm to their real property.
2. Analyze the type of interest in the property that has been invaded by the defendant's harmful conduct and the extensiveness of the harm.
3. Consider the soundness of rules of damages in the various contexts.
Civil and Criminal Statutes (TRT16)
1. Explain additional ways in which the standard of conduct may be determined in addition to the "reasonable person."
2. Discuss when a civil or criminal statute can be used as the standard of care in negligence cases.
3. Recall an example of a statute with a civil penalty.
4. List the elements from the Restatement (Second) of Torts defining how a court may adopt a standard of conduct.
5. Analyze some of the issues in the Dram Shop cases.
Proof of Causation in Fact (TRT17)
1. Explain the plaintiff's burden of proof with respect to the element of cause in fact.
2. Describe evidentiary burdens of proof in relation to the use of direct and circumstantial evidence.
3. Analyze issues in problems of proving who or what caused the plaintiff's harm.
Assault (TRT18)
1. Review the elements of the tort of assault, including intent and causing plaintiff apprehension of an imminent harmful or offensive body touching.
2. Apply the law of assault to unusual fact situations.
Fundamentals of Damages for Harms to Personal Property (TRT20)
1. Discuss the general principles and basic measures of damages recoverable for harms to personal property.
2. Explain the three interests in personal property that the law of damages in torts seeks to protect.
3. Analyze the methods by which the trier of fact could determine the amount of money as compensation for harm.
Damages for Harms to Possessory Interests in Personal Property (TRT21)
1. Define "ascertainable value."
2. Explain the relevance of ascertainable value to the issue of whether prejudgment interest on the value of the chattel should be included as damages.
3. Explain how to measure the value of chattels which have fluctuating value.
4. Discuss rental value as a measure of loss of use.
5. Explain the recoverability of damages for emotional distress for the deprivation.
6. Analyze the rules and principles that apply to attempts by owners of personal property to obtain compensation for invasions of their possessory interest in that property.
7. Explain that damages may vary according to whether the deprivation of possession is permanent or temporary.
Damages for Harms to Interest in Use and Enjoyment (TRT22)
1. Discuss the interest in "use and enjoyment."
2. Discuss how courts consider the cost of renting a substitute.
3. Explain whether inconvenience is recoverable as damages.
4. Analyze the basic and specific measures of damages recoverable for tortious injuries to the interest in use and enjoyment of personal property.
5. Explain several methods used by the courts for valuing the interest.
Damages for Harms to Interests in Physical Integrity of Personal Property (TRT23)
1. Discuss the basic and specific measures of damages recoverable in torts for harms to the interest in maintaining the physical integrity of personal property.
2. Analyze the basic "diminution of value rule" to determine damages.
3. Explain the problems that face the courts when the "value to the owner" is the measure of damages.
The Role of the Jury in Torts Cases (TRT25)
1. Explain the roles of judge and jury in deciding a torts case.
2. State why a defendant would want to keep a case away from the jury.
3. Discuss some procedural devices designed to keep the case away from the jury.
4. Analyze when a question is for the judge to decide and when it must be left for the jury to decide.
Intentional Infliction of Mental Distress (TRT27)
1. Discuss the elements of the tort of intentional infliction of emotional distress, including outrageous conduct with intent to cause severe distress.
2. Review the requirement that plaintiff must suffer extreme mental distress.
3. Analyze the difference between outrageous conduct and ill-conceived practical jokes.
False Imprisonment (TRT28)
1. Discuss the elements of the tort of false imprisonment.
2. Analyze the issues of whether the person imprisoned must be aware of the confinement at the time.
3. Define the element of confinement.
Liability for Defectively Designed Products (TRT29)
1. Explain the difference between defectively designed and defectively manufactured products.
2. Explain and compare the two predominant tests for determining whether a product is defectively designed.
3. Discuss how the two tests work differently.
4. Analyze impact of warnings, including a consideration of the learned intermediary doctrine.
Occupier's Liability to Invitees and Licensees (TRT31)
1. Explain the difference between invitees and licensees
2. Analyze the duty owed by an occupier to each category of entrant - invitee and licensee.
3. Discuss why some states have abandoned the distinction between licensee and invitee and now treat both types of entrant in the same way.
Res Ipsa Loquitur (TRT32)
1. Define the doctrine of res ipsa loquitur.
2. Discuss the circumstances when the doctrine, res ipsa loquitur, applies.
3. Explain how common carriers are covered.
4. Analyze how the doctrine is explained to a jury.
Constitutional Issues in Defamation (TRT33)
1. Give examples of a private figure and a public official.
2. List the elements of Actual Malice.
3. Explain the significance of Philadelphia Newspapers, Inc. v. Hepps.
4. Discuss the types of damages available.
Multiple Defendants (TRT34)
1. Discuss the rules governing the liability of multiple defendants in torts cases.
2. Examine the issues of joint and several liability and the rules governing contribution between tortfeasors.
3. Analyze how liability is allocated among multiple tortfeasors.
Liability for Defectively Manufactured Products (TRT35)
1. Explain the difference between defectively designed and defectively manufactured products.
2. Discuss who can be strictly liable for a defectively manufactured product.
3. Explain what kinds of products attract strict liability.
4. Analyze the question of proof that the defect in the product was the proximate cause of the harm that the plaintiff suffered.
Strict Liability: Abnormally Dangerous and Ultrahazardous Activities (TRT36)
1. Define the concept of strict liability.
2. Explain the basic limitations on strict liability for abnormally dangerous and ultrahazardous activities.
3. Analyze how the traditional negligence defenses work with strict liability.
Strict Liability and Animals (TRT37)
1. Discuss issues that arise with both trespassing animals and attacking animals.
2. Explain the limitations on recovery for these types of cases.
3. Analyze the issue that the harm must be within the dangerous propensities that makes the animal wild or a known dangerous domestic animal in order for strict liability to apply.
Contributory Negligence and Last Clear Chance (TRT38)
1. Define contributory negligence.
2. List some of the rationale of contributory negligence.
3. Explain how contributory negligence is applied.
4. Discuss the doctrine of last clear chance that negates the effect of plaintiff's contributory negligence, and results in plaintiff's full recovery.
Consent as a Defense to Intentional Torts (TRT39)
1. Discuss how consent is determined to exist.
2. Analyze how the courts have use the concept of consent in balancing the competing interests of the plaintiff and the defendant in relation to policy goals.
3. Review the issues of consent in fact and apparent consent.
Assumption of Risk (TRT40)
1. Discuss the defense of assumption of risk - express and implied - in negligence actions.
2. Analyze the difference between assumption of risk and contributory negligence.
3. Explain how the switch to comparative negligence has also affected assumption of risk.
Damages for Personal Injuries (TRT41)
1. Define the purpose behind the damages remedy.
2. Discuss the general principles and basic measures governing the remedy of damages for personal injuries.
3. Explain issues arising in the application of the damages remedy to restore the injured person's interests in preserving bodily integrity, mental integrity, and the persons ability to pursue a livelihood.
4. Analyze some of the problems in seeking to fulfill the objective of returning injured plaintiffs as close as possible to the position they enjoyed immediately prior to sustaining the injury.
Intervening Cause (TRT42)
1. Analyze when and why an event that intervenes between the defendant's negligence and the plaintiff's injury may relieve the defendant of liability for the injury.
2. Discuss whether a subsequent event would be one of the risks the defendant should have foreseen when breaching the duty of care in the circumstances.
3. Explain the circumstances in which suicide may be a supervening cause.
Damages for Injuries That Cause Death (TRT43)
1. Discuss common law rules and various statutory approaches governing recovery of damages for injuries resulting in death.
2. Distinguish the different interests addressed by survival statutes and wrongful death statutes.
3. Analyze how to calculate damages under survival statutes and wrongful death statutes.
4. Explain the limitations upon recovery that such statutes are likely to contain.
5. Construct a statutory provision to address a problem of coordination between survival and wrongful death statutes.
Conversion (TRT46)
1. Discuss the elements of the tort of conversion, that is, the intentional interference with personal property.
2. Analyze components of the tort, including interest, invasion, conduct and remedy.
3. Apply the theory of conversion to various situations.
Trespass to Chattels (TRT47)
1. Discuss the law of torts that enables a person to obtain compensation for wrongful interference with personal property.
2. Analyze the concepts of interests, invasion, conduct and remedy.
3. Apply the theory of trespass to chattels to various situations.
Tortious Interference: Discussions in Torts Podcast (TRT49P)
1. Identify when a party to a contract may have a claim against a third party for tortious interference.
2. Discuss defenses to a tortious interference claim.
Intestacy and Descendants (WT08)
1. Define Strict Per Stirpes, Modern Per Stirpes and Per Capita by Representation.
2. Apply the three main ways to define representation: Strict Per Stirpes, Modern Per Stirpes, and Per Capita by Generation (also known as the Uniform Probate Code (UPC)