Throughout law school, students will be asked to assess their own essays by comparing them to a model or sample student answer provided by their professor. It can often be difficult to distinguish one’s work from the model. Sometimes it is hard to distinguish what a student knows, from what they wrote down. Experienced legal writers understand that subtle differentiation in language changes the meaning of what was written. This lesson will provide students with strategies for self-assessment, so that they can become critical judges of their work, and consequently precise legal writers.
Read morePreemption checking determines if an idea for a journal note or paper is original. This lesson identifies the sources to use and the process of conducting a preemption check.
Read moreOne of the best ways to learn and remember something is to connect it to something that you already know. Once you have made that connection, it becomes easier to use the new information, because you are connecting it to something that you already understand. Making these connections is called transfer. You can transfer vertically (i.e. from one topic in criminal law to another, or from Contracts 1 to Contracts 2), or you can transfer horizontally from course to course (i.e. from contracts to criminal law).
Read moreThe lesson begins with explanations of the terms substantial performance and substantial breach, followed by examples of each.
Read moreThis lesson covers First Amendment doctrine and theory pertaining to commercial speech. The lesson considers the development of commercial speech from unprotected to protected speech; the applicable constitutional tests for evaluating commercial speech, the doctrine regarding mandated disclosures in commercial contexts, and recent cases decided by the Roberts Court considering commercial speech.
Read moreThis lesson explores one of the fundamental lawyering skills, which is to be able to spot issues. This lesson looks at what an issue is, and best practices in spotting them in cases, with clients, and on exams. Students will go through basic issue spotting exercises to better prepare for exams.
Read moreThis exercise is designed for use in conjunction with any Federal Courts, Federal Jurisdiction, or Civil Rights course that covers the Eleventh Amendment. The exercise takes the student through attempts to bring a federal lawsuit to rectify substandard conditions at a home for the mentally ill.
Read moreThis lesson helps students understand where cases fit in a final exam answer and develop arguments based on cases. Students' exam arguments should improve using this lesson's techniques. This lesson also includes video commentary from the author that expands on the material in the lesson.
Read moreArticle III of the United States Constitution requires a plaintiff to establish "standing" in order to sue in federal court. In addition to showing an injury-in-fact, plaintiff must also show "causation" and "redressability." In other words, plaintiff must show that defendant is the "cause" of the injury, and that the injury will be redressed by a favorable judicial decision.
Read moreInterpretation involves an ascertainment of the meaning of the words and provisions of a contract. Whereas "construction" of a contract relates to the legal effect of the words used by the parties, "interpretation" addresses the meaning of the parties. Whose meaning is to be given effect with respect to certain contract terms? What evidence may be taken into account when courts engage in interpretation? In this lesson, the parol evidence rule will be considered with respect to the admissibility of extrinsic evidence to determine the meaning of the contract as formed.
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