Concise lessons in American law, one episode at a time.
New episodes • Learn in small, digestible bitesDesigned to take you from novice to knowledgeable with clear explanations, precise terms, and examples that stick.
The Complex Landscape of Sentencing: Balancing Justice and RedemptionThis conversation delves into the complexities of sentencing in criminal law, exploring the philosophical foundations of punishment, the shift from rehabilitation to retribution, and the implications of mass inc…
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The Complex Landscape of Sentencing: Balancing Justice and RedemptionThis conversation delves into the complexities of sentencing in criminal law, exploring the philosophical foundations of punishment, the shift from reh…
The American Criminal Justice System: A Deep Dive into Failure and ReformThis conversation delves into the foundational issues of the American criminal justice system, focusing on over-criminalization, plea bargaining, a…
Understanding the Fourth and Fifth Amendments: A Deep Dive into Constitutional LawThis conversation delves into the constitutional mechanisms that check government power within the criminal justice system, focusing on th…
Understanding Criminal Law Defenses: Justification vs. ExcuseThis conversation delves into the intricate world of affirmative defenses in criminal law, focusing on the distinctions between justification and excuse, the c…
Understanding the Foundations of Criminal Liability: A Deep DiveThis conversation delves into the foundational elements of criminal liability, focusing on the four key components: actus reus, mens rea, concurrence, and c…
Criminal Law: Balancing Liberty and State ControlThis conversation delves into the philosophical foundations of criminal law, focusing on the Liberty Balancing Approach (LBA) which seeks to balance individual liberty wit…
Understanding the Step Transaction Doctrine: A Deep Dive into Tax LawThis conversation delves into the complexities of tax law, focusing on statutory interpretation, the step transaction doctrine, and the philosophical b…
Navigating the Federal Tax Controversy: From Audit to CourtThis conversation delves into the complexities of federal tax controversy, emphasizing the procedural landscape that taxpayers must navigate when facing IRS chal…
Mastering Income Tax Accounting: Navigating ASC 740This conversation delves into the complexities of ASC Topic 740, which governs the accounting for income taxes. It explores the intersection of tax law and financial acc…
Understanding the Tax Trinity: Basis, Realization, and Non-RecognitionThis conversation delves into the fundamental concepts of property taxation, focusing on the tax trinity of basis, realization, and non-recognition. T…
Mastering MACRS Depreciation: A Deep Dive into Tax EfficiencyThis conversation delves into the complexities of business taxation, focusing on property deductions and the rules governing depreciation under the Modified Ac…
Understanding Gross Income: The Foundation of Tax LawThis conversation delves into the intricate world of gross income and its foundational role in tax law. It explores the expansive definition of gross income as outline…
Understanding the Intricacies of Tax Law: A Deep DiveThis conversation provides a comprehensive overview of tax law, focusing on the Internal Revenue Code and its structure. It demystifies the complexities of tax law, em…
Unlocking the Mysteries of Property Law: A Deep Dive into Estates and Future InterestsThis conversation provides an in-depth exploration of property law, focusing on the complexities of estates, future interests, co-owne…
Understanding Fiduciary Duties in Modern Trust LawThis conversation delves into the intricate world of trusts and estates, focusing on the fiduciary duties that trustees must uphold, the evolution of the prudent investor…
Understanding Trusts: A Deep Dive into Legal ArchitectureThis lecture delves into the complexities of trusts and estates, focusing on the transition from wills to trusts, the various types of trusts, their formation, and…
The Legal Odyssey of Santa Claus: Navigating a World Without BordersThis conversation delves into the complex legal landscape surrounding Santa Claus, exploring how he navigates various legal frameworks including public …
The Legal Labyrinth of Santa Claus: A Deep Dive into Christmas Eve's LegalitiesThis conversation explores the legal implications of Santa Claus's operations, analyzing how various areas of law apply to his mythic…
Navigating the Complex World of Trusts and EstatesThis conversation delves into the complexities of trusts and estates, focusing on key concepts such as testamentary intent, the plain meaning rule, ambiguity in wills, ma…
Understanding Trusts and Estates: A Deep Dive into Testamentary FreedomThis conversation delves into the foundational aspects of trusts and estates law, focusing on the critical elements of wills, capacity, testamentary …
The Evolution of Tort Law: From Contributory Negligence to Comparative JusticeThis conversation delves into the complexities of tort law, focusing on the evolution of defenses and liabilities. It begins with an overview …
Understanding the Complexities of Tort Law and Strict LiabilityThis conversation delves into the complexities of contracts and torts, focusing on the economic loss doctrine and strict liability. It highlights the fundame…
Understanding Negligence Causation in Tort Law: A Deep DiveThis conversation provides a comprehensive breakdown of tort law, focusing on negligence analysis, causation, damages, and special doctrines. It emphasizes the i…
Understanding Negligence: A Deep Dive into Tort LawThis conversation delves into the complexities of tort law, specifically focusing on negligence. It covers the foundational elements of negligence, including duty, breac…
Navigating the Intersection of Ancient Torts and Modern TechnologyThis conversation provides a comprehensive overview of intentional torts related to property law, focusing on the distinctions between conversion, trespas…
Notes: Torts UnleashedUnderstanding Dignitary Torts: Malice and ForeseeabilityThis conversation delves into the complexities of tort law, specifically focusing on dignitary torts such as defamation and invasion of privac…
Notes: Torts UnleashedUnderstanding Intentional Torts: A Deep Dive for Law StudentsThis conversation provides a comprehensive overview of intentional torts, focusing on key concepts such as battery, assault, false impris…
Notes: Contract Law Exam Ready GuideUnderstanding UCC Article 2 vs. Common Law Contracts: A Legal Deep DiveThis conversation provides an in-depth analysis of UCC Article 2, focusing on the transition from common law cont…
Notes: Contract Law Exam Ready GuideUnderstanding Third Party Rights: A Comprehensive Guide for Law StudentsThis conversation delves into the complexities of third-party rights in contract law, focusing on beneficiaries,…
Notes: Contract Law Exam Ready GuideUnderstanding Contract Law Remedies: Expectation, Reliance, and RestitutionThis conversation delves into the intricacies of contract remedies, focusing on the primary types: expectatio…
Notes: Contract Law Exam Ready GuideUnderstanding Contract Law: Performance, Breach, and ExcuseThis conversation delves into the complexities of contract law, focusing on performance, breach, and the various conditions t…
Notes: Contract Law Exam Ready GuideUnderstanding the Gatekeepers of Contract Law: A Deep DiveThis conversation delves into the complexities of contracts law, focusing on the Statute of Frauds, the Parole Evidence Rule, …
Understanding Contract Defenses: The Safety Valves of LawThis conversation delves into the critical aspects of contract defenses, focusing on how contracts can fail despite appearing valid. It covers the distinctions bet…
Understanding Contract Formation: A Deep Dive into Offer, Acceptance, and ConsiderationThis conversation provides a comprehensive overview of the foundational principles of contract law, focusing on the critical elements…
Notes: https://thelawschoolofamerica.com/ConstitutionLaw2025.htmlUnderstanding the First Amendment: Speech and ReligionThis conversation delves into the complexities of the First Amendment, focusing on the distinctions b…
Notes: https://thelawschoolofamerica.com/ConstitutionLaw2025.htmlUnderstanding Equal Protection: A Roadmap for Law StudentsThis conversation delves into the complexities of the Equal Protection Clause, exploring its hist…
https://thelawschoolofamerica.com/ConstitutionLaw2025.htmlNavigating the Complexities of Constitutional Law: Federalism and State SovereigntyThis conversation provides a comprehensive overview of critical constitutional …
Notes: https://thelawschoolofamerica.com/ConstitutionLaw2025.htmlUnderstanding Federalism: Navigating the Complexities of State and Federal PowerThis conversation delves into the complexities of constitutional law, focus…
Notes: Constitution Law 2025 – Full Outline Understanding Executive Power: A Deep Dive into Constitutional LawThis conversation delves into the complexities of Article II of the U.S. Constitution, focusing on the s…
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Lecture Notes: Constitution Law 2025 – Full Outline (thelawschoolofamerica.com/ConstitutionLaw2025.html) Understanding Judicial Review: The Backbone of Constitutional Law This episode dives int…
Understanding Business Associations: A Journey Through Legal StructuresThe conversation delves into the complexities and risks associated with general partnerships, particularly focusing on the concept of joint and sever…
Understanding Property Law: A Comprehensive GuideThis conversation provides a comprehensive overview of property law, focusing on the fundamental concepts of ownership, rights, and the legal frameworks that govern land u…
Understanding the Foundations of Criminal Law: Actus Reus and Mens ReaThis conversation delves into the intricacies of criminal law, focusing on how society allocates blame and the importance of proportionality in punish…
Understanding Torts and Evidence: A Legal Deep DiveThis conversation delves into the critical relationship between torts and evidence in the context of law school and the bar exam. It emphasizes the importance of underst…
Understanding Contracts: The Backbone of Legal AgreementsThis conversation delves into the essential principles of contract law, focusing on the importance of understanding offers, acceptances, and consideration. The spe…
Mastering Constitutional Law: A Deep Dive into America's Legal FrameworkThe conversation delves into the fundamental conflict in constitutional law, emphasizing the balance between government power and individual lib…
Navigating the Legal Labyrinth: A Deep Dive into Civil ProcedureThis conversation explores the essential skills required for success in legal education, emphasizing the importance of civil procedure and legal research an…
Navigating the Complexities of Civil Procedure: A Deep DiveThis conversation delves into the complexities of the Erie Doctrine, which governs the relationship between federal and state courts in diversity cases. It highl…
Navigating the Complexities of Civil Procedure: A Deep Dive into Adjudication Devices and Class ActionsThe conversation delves into the intricate balance within the justice system, highlighting the tension between effici…
Navigating the Complex World of Civil Procedure: Discovery and Its ImpactThis conversation provides a comprehensive overview of discovery in law, focusing on the rules and strategies essential for law students preparing …
Navigating the Complex World of Civil Procedure: Pleadings, Motions, and JoinderThis conversation delves into the intricacies of civil procedure, focusing on the rules governing pleadings, motions, and joinder. It emphas…
Understanding Personal Jurisdiction: A Deep Dive into Civil ProcedureThis conversation provides a comprehensive overview of personal jurisdiction in civil procedure, tracing its historical evolution from rigid territoria…
Understanding Subject Matter Jurisdiction: A Key to Navigating Federal CourtsThis conversation delves into the complexities of subject matter jurisdiction (SMJ) in federal courts, emphasizing its foundational importance …
Navigating the Complexities of Civil Procedure: Jurisdiction and VenueThis conversation provides a comprehensive overview of civil procedure, focusing on the essential elements needed to navigate the complexities of laws…
Seven-Lecture Series on Property Law Series Roadmaphttps://drive.google.com/file/d/1ceyxXw7KilPSTUMFf_Y8r6ktEzM_gm1Q/view?usp=sharingNavigating the Complex World of Real Estate Law: A Comprehensive GuideThe conversation …
Seven-Lecture Series on Property Law Series Roadmaphttps://drive.google.com/file/d/1ceyxXw7KilPSTUMFf_Y8r6ktEzM_gm1Q/view?usp=sharingUnderstanding Non-Possessory Interests in Property Law: Easements, Covenants, and Equit…
Seven-Lecture Series on Property Law Series Roadmaphttps://drive.google.com/file/d/1ceyxXw7KilPSTUMFf_Y8r6ktEzM_gm1Q/view?usp=sharingThis conversation delves into the complexities of property law, specifically focusing o…
Seven-Lecture Series on Property Law Series Roadmaphttps://drive.google.com/file/d/1ceyxXw7KilPSTUMFf_Y8r6ktEzM_gm1Q/view?usp=sharingThe following are the unique links and domain names found in the provided source materi…
Understanding Personal Jurisdiction: A Deep Dive into Civil ProcedureThe conversation delves into the landmark Supreme Court case Daimler AG v. Bauman, exploring the complexities of jurisdiction and corporate liability i…
Seven-Lecture Series on Property Law Series Roadmaphttps://drive.google.com/file/d/1ceyxXw7KilPSTUMFf_Y8r6ktEzM_gm1Q/view?usp=sharingUnderstanding the Rule Against Perpetuities: A Legal OdysseyThis conversation delves in…
Seven-Lecture Series on Property Law Series Roadmaphttps://drive.google.com/file/d/1ceyxXw7KilPSTUMFf_Y8r6ktEzM_gm1Q/view?usp=sharingUnderstanding Property Law: The Invisible Rulebook of OwnershipThis conversation delves…
Seven-Lecture Series on Property Law Series Roadmaphttps://drive.google.com/file/d/1ceyxXw7KilPSTUMFf_Y8r6ktEzM_gm1Q/view?usp=sharingUnderstanding the Foundations of Property Law: A Comprehensive GuideThis conversation d…
Notes: (PDF) https://drive.google.com/file/d/1AYtzzTRpWInpA0WGwpksPhlUMWXoufe4/view?usp=sharing(EPUB)https://drive.google.com/file/d/183uNJHVSLamxTpVaDvwKAMTDofvJzgpk/view?usp=sharingUnderstanding Corporate Liability: Na…
Notes: (PDF) https://drive.google.com/file/d/1AYtzzTRpWInpA0WGwpksPhlUMWXoufe4/view?usp=sharing(EPUB)https://drive.google.com/file/d/183uNJHVSLamxTpVaDvwKAMTDofvJzgpk/view?usp=sharingUnderstanding Corporate Financing and…
Notes: (PDF) https://drive.google.com/file/d/1AYtzzTRpWInpA0WGwpksPhlUMWXoufe4/view?usp=sharing(EPUB)https://drive.google.com/file/d/183uNJHVSLamxTpVaDvwKAMTDofvJzgpk/view?usp=sharingUnderstanding Corporate Governance: A…
Notes: (PDF) https://drive.google.com/file/d/1AYtzzTRpWInpA0WGwpksPhlUMWXoufe4/view?usp=sharing(EPUB)https://drive.google.com/file/d/183uNJHVSLamxTpVaDvwKAMTDofvJzgpk/view?usp=sharingUnderstanding the Corporate Entity: A…
Notes: (PDF) https://drive.google.com/file/d/1AYtzzTRpWInpA0WGwpksPhlUMWXoufe4/view?usp=sharing(EPUB)https://drive.google.com/file/d/183uNJHVSLamxTpVaDvwKAMTDofvJzgpk/view?usp=sharingUnderstanding Limited Partnerships an…
Notes: (PDF) https://drive.google.com/file/d/1AYtzzTRpWInpA0WGwpksPhlUMWXoufe4/view?usp=sharing(EPUB)https://drive.google.com/file/d/183uNJHVSLamxTpVaDvwKAMTDofvJzgpk/view?usp=sharingPartnership Law: Formation, Operation…
Notes: (PDF) https://drive.google.com/file/d/1AYtzzTRpWInpA0WGwpksPhlUMWXoufe4/view?usp=sharing(EPUB)https://drive.google.com/file/d/183uNJHVSLamxTpVaDvwKAMTDofvJzgpk/view?usp=sharingUnderstanding Agency Law: The Backbon…
ReferencesElizabeth Floreani, Legal Editing: The Art of Precision, Clarity, and Professionalism, Texas Bar Practice Blog (July 12, 2023) texasbarpractice.comtexasbarpractice.com.Bluebook citation Quick Guide with Example…
Citationsokbar.orgPractical Tips for Civil Appellate Brief Writing in Oklahoma State Court - Oklahoma Bar Associationlaw.georgetown.eduPersuasive Writingattorneyatwork.comPersuasive Legal Writing | Tactics and Profession…
Advanced Legal Writing and Analysis Resources(Active Hyperlinks)https://law.columbia.eduIRAC / CRAC / CREAC Writing Frameworks – Columbia Law: Explains structures for legal analysis including IRAC, CRAC, and CREAC models…
Legal Writing and Research Resources (ActiveHyperlinks)https://tortmuseum.orgVosburg v. Putney – The American Museum of Tort Law: Summarizes the landmark tort case establishing liability for minor but harmful contact.htt…
Citationslaw.georgetown.eduCreating Effective Rule Statementslaw.georgetown.eduCreating Effective Rule Statementsalg.manifoldapp.orgChapter 12 - Rule Synthesis | Legal Writing Manual 3rd Edition | OpenALGalg.manifoldapp.…
Citations : Legal Research References with Active Hyperlinkshttps://legal.thomsonreuters.comExplains primary and secondary legal sources and the role of AI in research.https://www.onelegal.comA guide for paralegals detai…
Legal Research, Writing, and Analysis — An Audio Workshop in Legal ReasoningCitations Episode OneDrafting a Law Office Memorandum | CUNY School of Lawhttps://www.law.cuny.edu/academics/academic-resources-support/legal-wr…
The conversation delves into the complexities of legal rules, particularly focusing on the balance between individual privacy and government investigation needs. It emphasizes the importance of understanding the nuances …
The conversation delves into the concept of deterrence in crime prevention, emphasizing that the likelihood of being caught and punished is a more significant factor than the severity of the punishment itself. It highlig…
This conversation delves into the complexities of justified actions within the legal framework, exploring how certain actions, while criminal, may not lead to punishment due to diminished culpability. It highlights the d…
This conversation delves into the complexities of criminal law, focusing on major offenses beyond homicide, including assault, battery, sexual offenses, theft, robbery, arson, burglary, and kidnapping. The discussion emp…
This conversation delves into the complexities of homicide law, focusing on the definitions, mental states, and causation involved in criminal liability. It explores the historical context of malice aforethought, the nua…
This conversation delves into the complexities of criminal law, focusing on derivative liability, complicity, solicitation, conspiracy, and attempt. The discussion highlights the importance of understanding the nuances o…
This conversation delves into the foundational elements of criminal liability in American law, focusing on actus reus, mens rea, concurrence, causation, and the unique concept of strict liability. The discussion emphasiz…
This conversation delves into the core doctrines of evidence law, focusing on burdens of proof, judicial notice, privileges, and hearsay exceptions. The discussion emphasizes the importance of understanding the underlyin…
This conversation delves into the complexities of hearsay in legal evidence, focusing on Federal Rule of Evidence 803 and its exceptions. The discussion provides a systematic approach to understanding hearsay, emphasizin…
This conversation delves into the complexities of hearsay in evidence law, particularly focusing on Federal Rule of Evidence 801. The discussion covers the definition of hearsay, the policy reasons behind its exclusions,…
Welcome back to the Deep Dive, where we unravel the complexities of evidence law. If you're preparing for finals or the bar exam, understanding the intricacies of witness testimony is crucial. Today, we delve into th…
This episode dives into the complexities of evidence law, focusing on the rules surrounding character, habit, and policy exclusions. It covers the notorious rules 404, 406, 407, and 408, providing an analytical roadmap t…
This episode dives deep into the complexities of character evidence in law, focusing on Federal Rules of Evidence 404 and 405. It explores the strategic considerations, exceptions, and the balance between fairness and tr…
In this episode of Deep Dive, we explore the intricacies of evidence law, focusing on the federal rules of evidence 401, 402, and 403. We discuss the importance of these rules in shaping the factual universe considered b…
A comprehensive exploration of tort law, focusing on negligence, intent, and strict liability. The discussion delves into the nuances of torts, including the importance of understanding intent in torts versus criminal la…
This conversation provides a comprehensive overview of tort law, focusing on the various types of damages, including compensatory, punitive, and nominal damages. It delves into the complexities of calculating damages, th…
This conversation delves into the complexities of intentional torts, focusing on defamation, privacy torts, and economic torts. The discussion highlights essential elements, defenses, and constitutional considerations th…
This conversation provides a comprehensive overview of strict liability in tort law, detailing its principles, foundations, and implications. The discussion covers the transition from negligence to strict liability, the …
This conversation provides a comprehensive overview of the tort of negligence, focusing on its four essential pillars: duty of care, breach of duty, causation, and damages. The discussion delves into the nuances of each …
This conversation delves into the complexities of intentional torts, focusing on the mental state required for liability, the distinctions between various property torts, and the nuances of defenses such as consent and n…
This conversation provides a comprehensive overview of tort law, focusing on the foundational concepts of intentional torts, negligence, and strict liability. The discussion delves into the distinctions between different…
This conversation provides a comprehensive overview of third party rights and contract discharge in contract law. It explores the roles of third party beneficiaries, the distinctions between intended and incidental benef…
This conversation delves into the complexities of contract remedies, focusing on the interests protected by law, the types of legal and equitable remedies available, and the limitations on recovery. It emphasizes the imp…
This conversation delves into the complexities of contract law, focusing on performance, breach, and conditions. It outlines a structured approach to understanding these concepts, emphasizing the differences between comm…
This conversation provides an in-depth analysis of contract terms and interpretation, focusing on the distinctions between promises and conditions, the classification of contract terms, and the interpretation of ambiguou…
This conversation delves into the critical doctrines of contract law, specifically the Statute of Frauds (SOF) and the Parole Evidence Rule (PER). It explores their roles in determining enforceability and the terms of co…
This conversation delves into the complexities of contract law, focusing on the various defenses that can render contracts voidable or unenforceable. It covers essential topics such as capacity, consideration, misreprese…
This conversation delves into the foundational aspects of contract law, focusing on the essential elements of contract formation: offer, acceptance, and consideration. The discussion highlights the differences between th…
This conversation delves into the complexities of American federalism and constitutional law, focusing on the powers of Congress under the 13th and 14th Amendments, the concept of state sovereign immunity, and the mechan…
This conversation provides a comprehensive overview of the Fifth Amendment, focusing on the due process protections and the takings clause. It explores the historical context of these legal principles, key cases that hav…
This conversation delves into the complexities of constitutional law, focusing on the privileges and immunities clauses, substantive due process, equal protection, and the contract clause. The discussion aims to clarify …
This conversation provides a comprehensive overview of the First Amendment, focusing on its key principles, historical context, and the evolution of its interpretation. The discussion covers the incorporation doctrine, f…
This conversation delves into the foundational aspects of constitutional law, focusing on the Due Process and Equal Protection Clauses of the 14th Amendment. It explores their historical significance, judicial interpreta…
This conversation delves into the intricate dynamics of federalism in American law, exploring the balance of power between federal and state governments. It covers the foundational principles of federalism, its evolution…
This conversation delves into the complexities of the American judicial system, focusing on the judicial branch's powers, the concept of judicial review, and the critical justiciability doctrines such as standing, ri…
This conversation provides a comprehensive overview of key legal doctrines and principles that govern the interaction between federal and state law, focusing on the Erie Doctrine, the Class Action Fairness Act (CAFA), an…
This conversation delves into the complexities of law school, focusing on the critical areas of appeals and preclusion. It covers the final judgment rule, interlocutory appeals, the collateral order doctrine, and various…
This conversation provides a comprehensive overview of federal civil procedure, covering essential topics such as jurisdiction, venue, pleadings, summary judgment, trial processes, post-trial motions, appeals, and the do…
This conversation delves into the strategic intricacies of pre-trial adjudication in civil litigation, focusing on key rules such as Rule 12b (Motions to Dismiss), Rule 12c (Judgment on the Pleadings), Rule 55 (Default J…
This conversation delves into the complexities of discovery in litigation, particularly in complex cases. It covers foundational principles, tools for discovery, management strategies, expert testimony, sanctions for mis…
This conversation provides an in-depth exploration of federal civil procedure, focusing on the essential elements of pleadings and parties. It covers the evolution of pleading standards, the significance of the complaint…
This conversation provides a comprehensive overview of civil procedure, focusing on the critical concepts of jurisdiction, including personal and subject matter jurisdiction, venue, and the implications of landmark cases…
This conversation delves into the foundational principles of American law, focusing on the separation of powers and federalism. It explores the historical context, key thinkers, and the intricate mechanisms that govern t…
This conversation delves into the complexities of conflict of laws, focusing on jurisdiction, choice of law, and the recognition and enforcement of judgments across borders. It highlights the importance of understanding …
This conversation delves into the complex doctrine of the implied covenant of good faith and fair dealing in contract law. It explores its foundational principles, historical development, and practical implications acros…
This conversation provides a comprehensive overview of the law of remedies, focusing on the distinctions between legal and equitable remedies. It explores the historical context of law versus equity, the various types of…
In this enlightening episode, we delve into the intricacies of statutes of limitation and repose, unraveling their significance in the legal landscape. Discover how these legal timeframes impact both plaintiffs and defen…
This conversation delves into the concept of the burden of proof, exploring its complexities and significance in legal contexts. It distinguishes between the burden of production and the burden of persuasion, outlines va…
This conversation delves into the complexities of property law, specifically focusing on covenants and servitudes. The discussion covers the definitions, historical context, and key differences between real covenants and…
Navigating the complexities of property law can be daunting, especially when it comes to future interests. Imagine inheriting a piece of land, only to find out that your ownership is contingent upon certain conditions. T…
Understanding leasehold estates is crucial for anyone involved in real estate, whether you're a tenant, landlord, or investor. These estates define the relationship between the property owner and the tenant, outlining th…
In the world of real estate, understanding the nuances of property recording acts is crucial. Imagine purchasing a dream home only to discover a hidden lien. This scenario underscores the importance of these acts, which …
Imagine waking up one day to find that someone else claims ownership of your property. This unsettling scenario is at the heart of adverse possession, a legal doctrine that allows a person to claim ownership of land unde…
Imagine buying a beautiful piece of land, only to discover that your neighbor has the right to cross it whenever they please. This scenario highlights the concept of easements, a crucial yet often misunderstood aspect of…
Life estates are a unique and often misunderstood aspect of property law. Imagine owning a home for your lifetime, with the assurance that it will pass to a designated person upon your passing. This is the essence of a l…
In the realm of property law, understanding the different types of property ownership is crucial. One of the most common and comprehensive forms is "Fee Simple Absolute." This term might sound complex, but it e…
In the intricate world of law, the doctrines of preclusion play a pivotal role in ensuring judicial efficiency and fairness. Imagine a world where the same case could be tried repeatedly, leading to inconsistent verdicts…
Understanding Res Judicata and Collateral Estoppel: A Legal InsightImagine a world where legal disputes could be endlessly relitigated, causing chaos and uncertainty. This is where the doctrines of Res Judicata and Colla…
In the world of civil litigation, summary judgment serves as a pivotal mechanism to streamline the legal process. Imagine a scenario where a case is so clear-cut that a trial seems unnecessary. This is where summary judg…
This conversation provides a comprehensive overview of civil discovery, focusing on the Federal Rules of Civil Procedure (FRCP) and New York state law. It emphasizes the importance of understanding Rule 26 as the foundat…
This conversation delves into the evolution of pleading standards in civil procedure, exploring the transition from traditional fact pleading to modern plausibility standards under the federal rules. It highlights the si…
Understanding the Importance of Service of Process in Civil LitigationImagine being sued and not even knowing about it until it's too late. This is where the service of process comes into play, ensuring fairness and …
In this episode, we delve into the critical distinctions between general and specific jurisdiction, fundamental concepts in personal jurisdiction law. General jurisdiction allows a court to hear any case against a defend…
Dive into the complexities of federal subject matter jurisdiction with our latest episode. We unravel the intricacies of constitutional rules and statutory powers, focusing on federal question and diversity jurisdiction.…
This conversation delves into the complexities of authentication in evidence law, focusing on the Federal Rules of Evidence, particularly Article IX. It explores the practical methods for authenticating evidence, the cha…
This conversation delves into the concept of judicial notice, a procedural mechanism that allows courts to accept certain facts as true without formal evidence. The discussion covers the distinctions between adjudicative…
This conversation delves into the Best Evidence Rule (BER), a crucial aspect of evidence law that is often misunderstood by law students. The discussion covers the core principles of the BER, its application in various c…
This conversation provides a comprehensive overview of evidentiary privileges, focusing on attorney-client privilege and the work product doctrine. It explores the nuances of these privileges, including their application…
This conversation delves into the complexities of character evidence in law, focusing on the federal rules of evidence, particularly Rules 404, 405, 406, 608, and 609. The discussion emphasizes the importance of understa…
This conversation provides a comprehensive overview of evidence law, focusing on foundational concepts such as relevance, materiality, and probative value. It explores the federal rules of evidence, including general pro…
This conversation provides a comprehensive overview of hearsay and its exceptions, particularly focusing on spontaneous statements and business records under the federal rules of evidence. The discussion emphasizes the i…
In the world of law, the hearsay rule stands as a pivotal principle, shaping the way evidence is presented and evaluated in courtrooms. Imagine a trial where every piece of gossip or second-hand information could sway th…
This conversation delves into the complexities of multi-party crimes in criminal law, focusing on accomplice liability and conspiracy. The discussion highlights the nuances of legal responsibility among individuals invol…
This conversation delves into the complexities of the insanity defense in criminal law, exploring its historical evolution, key legal tests, and the challenges posed by modern neuroscience. The discussion emphasizes the …
This conversation delves into the complex legal framework surrounding self-defense, exploring when the use of force is justified, the nuances of reasonable versus excessive force, and the critical distinctions between no…
The Complexities of Homicide Law and Its Classifications ⚖️Homicide, the killing of one human being by another, is one of the most serious crimes in any legal system. However, not all homicides are treated equally. The l…
Understanding Inchoate Crimes: Definition and Significance In the world of criminal law, we often think of crimes in terms of completed acts. However, the legal system also prosecutes individuals for inchoate crimes, whi…
This conversation delves into the complexities of causation in criminal law, exploring both factual and proximate causation, the impact of intervening causes, and advanced considerations such as the Model Penal Code. The…
This conversation delves into the complexities of mens rea, the guilty mind, and its critical role in criminal law. It explores the Model Penal Code's hierarchy of culpability, the importance of concurrence in linking me…
Explore the intricate layers of Actus Reus, a fundamental concept in criminal law. This episode delves into the challenges of defining and proving the physical act of a crime, examining real-world cases and legal interpr…
This conversation provides a comprehensive overview of products liability law, focusing on its significance in consumer safety and corporate responsibility. It explores the foundational legal theories, types of defects (…
This conversation delves into the intricate world of vicarious liability, a fundamental concept in tort law that holds one party legally responsible for the tortious acts of another based on their relationship. The discu…
This conversation delves into the complexities of fault allocation in tort law, exploring the historical context of contributory negligence, the shift to comparative negligence, and the implications of several versus joi…
Proximate cause is a fundamental and often complex concept in tort law that determines the extent to which a defendant can be held legally responsible for harm caused. While "cause-in-fact" (or "actual cause") establishe…
This conversation delves into the complexities of defamation law, exploring the critical distinctions between public and private figures, the role of actual malice, and landmark cases that have shaped the legal landscape…
This conversation provides a comprehensive overview of intentional torts, focusing on the essential elements of various torts such as battery, assault, false imprisonment, and intentional infliction of emotional distress…
This conversation delves into the concept of strict liability in tort law, emphasizing its departure from traditional negligence principles. It explores the rationale behind strict liability, including risk distribution,…
In this episode, we delve into the intricate world of negligence, a cornerstone of tort law and a frequent topic in exams. Join us as we explore the essential elements of negligence: duty, breach, causation, and damages.…
Unlock the secrets to acing your law exams with our deep dive into contract remedies. This episode unpacks the complexities of expectation, reliance, and restitution damages, providing you with the tools and insights nee…
In this insightful episode, we delve into the intricacies of contract remedies, a crucial topic for law students preparing for exams. Join us as we explore practical strategies, common pitfalls, and expert tips to help y…
Dive into the intricate world of the Uniform Commercial Code (UCC) with our latest episode. Designed for law students and professionals alike, this episode unpacks the UCC's foundational principles, focusing on its r…
These sources primarily explain legal doctrines that can excuse contractual performance when unforeseen events occur, especially in the absence of a force majeure clause. They define impossibility, where performance is l…
A breach of contract occurs when a party to a valid agreement fails to perform their obligations without a legal excuse. A party can commit a breach through non-performance, where they simply do not do what was promised,…
These sources collectively illuminate the Parol Evidence Rule, a fundamental principle in contract law that generally restricts the use of extrinsic evidence—such as prior oral agreements or discussions—to contradict or …
These sources collectively explain the Statute of Frauds, a legal principle originating in English law that mandates certain types of contracts be in writing and signed to be enforceable, primarily to prevent fraud and m…
These sources collectively explain the fundamental concept of consideration in American contract law, defining it as a bargained-for exchange of legal value necessary for a promise to be enforceable. They differentiate i…
These sources collectively explain the foundational principles of contract law, particularly focusing on offer and acceptance. They detail the six-step process for drafting effective legal contracts, from determining sub…
This podcast explores the legal concept of standing, which dictates who is eligible to bring a lawsuit before a court. They highlight that standing typically requires a concrete, particularized injury that is traceable t…
The provided sources discuss the legal doctrine of preemption, particularly focusing on federal preemption of state laws in the United States. They explain that the Supremacy Clause of the Constitution establishes federa…
The sources discuss the Fourth Amendment of the U.S. Constitution, which safeguards individuals against unreasonable searches and seizures by the government. They explain that a search occurs when a reasonable expectatio…
These sources collectively explore the multifaceted nature of the First Amendment to the U.S. Constitution, which protects fundamental freedoms including speech, religion, press, assembly, and petition. They differentiat…
Judicial scrutiny, vital for U.S. constitutional law, assesses if laws comply with the Fourteenth Amendment's Equal Protection and Due Process Clauses. It has three levels: Rational Basis Review (lenient, for non-fun…
SummaryThis lecture discussion examines the dual dimensions of due process under the Fifth and Fourteenth Amendments: procedural due process and substantive due process. Procedural due process ensures that the government…
SummaryThis lecture discussion explores the evolution of the Commerce Clause, located in Article I, Section 8, Clause 3 of the United States Constitution, which empowers Congress to regulate commerce with foreign nations…
This conversation delves into the concept of judicial review, a foundational principle of American law that allows courts to determine the constitutionality of laws. It explores the landmark case of Marbury v. Madison, w…
This conversation provides a comprehensive overview of essential legal concepts for law students preparing for the bar exam. It covers various topics including constitutional law, contracts, torts, criminal law, evidence…
This conversation provides a comprehensive overview of essential legal concepts for bar exam preparation, focusing on secured transactions, family law, and trusts and estates. It emphasizes the importance of understandin…
This conversation provides a comprehensive guide for law students preparing for the bar exam, emphasizing the importance of wellness, strategic scheduling, and effective study techniques. It covers the mental and physica…
This lecture serves as a comprehensive review and preparation for the Bar Exam, focusing on doctrinal knowledge, MBE question simulation, and essay writing strategies. It emphasizes the importance of understanding legal …
This conversation delves into the intricate relationship between family law and trusts and estates, emphasizing their significance in legal practice. It covers foundational principles of marriage, the differences between…
This lecture covers essential topics in Family Law and Trusts and Estates, focusing on marriage, divorce, child custody, and property division. It provides a comprehensive overview of legal requirements, implications of …
This conversation provides a comprehensive overview of Article 9 of the Uniform Commercial Code, focusing on secured transactions. It covers the essential elements of secured transactions, including attachment, perfectio…
This lecture provides a comprehensive overview of secured transactions under the Uniform Commercial Code, focusing on the nature and creation of security interests, the perfection of those interests, and the rules govern…
This conversation provides a comprehensive overview of essential topics for the bar exam, focusing on business associations, contracts under the UCC, and civil procedure. The discussion emphasizes critical concepts such …
This conversation provides a comprehensive overview of civil procedure, focusing on key concepts such as jurisdiction, venue, pleadings, discovery, and various pretrial and post-trial motions. The discussion emphasizes t…
This lecture provides a comprehensive overview of civil procedure, focusing on key concepts such as jurisdiction, personal jurisdiction, venue, pleadings, discovery, and pretrial and post-trial motions. It emphasizes the…
This conversation provides a comprehensive overview of business associations, focusing on the legal frameworks that govern agency, partnerships, corporations, and LLCs. It explores the foundational principles of agency l…
This lecture covers the foundational aspects of Business Associations, focusing on Agency Law, Partnerships, and Corporations. It explores the formation, fiduciary duties, authority, and liability associated with each en…
This conversation delves into the complexities of defamation law, particularly the distinctions between private and public figures, and how the rise of the internet has transformed the landscape of reputation management.…
Lecture Twenty explores the complex legal terrain of defamation, focusing on the critical distinctions between public and private plaintiffs and the varying standards of fault that apply. In defamation cases, the identit…
Lecture Nineteen covers the nuanced distinction between two closely related intentional torts: civil theft and conversion. While both involve the wrongful interference with another’s property rights, civil theft carries …
In Lecture Eighteen of our Torts series, we delve into the doctrine of strict liability as it applies to dog bites, a topic that highlights the intersection of public safety and personal responsibility. Unlike negligence…
This conversation delves into the complexities of advanced contracts and UCC sales, focusing on the distinctions between common law and UCC, the formation and modification of contracts, the implications of warranties, an…
This lecture covers advanced doctrines in contract law, focusing on the Uniform Commercial Code (UCC) and its provisions governing the sale of goods. It highlights the distinctions between common law and UCC Article 2, c…
This conversation provides a comprehensive overview of foundational legal principles in property and criminal law, emphasizing the importance of understanding key concepts for law school exams and the bar exam. It covers…
This conversation provides a comprehensive overview of critical legal concepts in real property and criminal procedure, essential for law students preparing for the bar exam. It covers the intricacies of property ownersh…
This lecture integrates two essential components of the bar exam: Criminal Procedure and Real Property. It covers constitutional protections in criminal prosecutions, key doctrines related to property ownership, estates,…
This episode offers a comprehensive overview of criminal law in the United States, distinguishing it from civil law and outlining its foundational principles. They clarify key components necessary for proving criminal li…
This lecture provides a comprehensive overview of substantive criminal law, focusing on the elements of crimes, defenses available to defendants, and specific categories of crimes such as homicide and inchoate offenses. …
This conversation delves into the intricacies of evidence law, focusing on its fundamental principles, including relevance, materiality, and admissibility. It explores character evidence, hearsay, and privileges, while a…
In this lecture, we explore the foundational principles of the law of evidence, including relevance, hearsay, impeachment, and privileges, which are crucial for bar exam success. We also introduce the Multi-State Perform…
This conversation provides a comprehensive overview of essential legal principles for law students preparing for the bar exam. It covers key areas such as constitutional law, professional responsibility, and contract law…
This conversation provides a comprehensive overview of tort law, focusing on intentional torts, negligence, and strict liability. It delves into the key elements of each category, including the definitions, essential com…
This lecture provides a comprehensive overview of tort law, focusing on intentional torts and negligence. It covers the definitions, elements, and defenses associated with these legal concepts, along with practical examp…
This conversation provides a comprehensive overview of essential legal principles for law students preparing for the bar exam. It covers key areas such as constitutional law, professional responsibility, and contract law…
This lecture provides a comprehensive overview of Contracts Law, focusing on the formation, enforcement, defenses, performance, breach, and remedies associated with contracts. It includes practical applications through M…
This educational text, presented as a lecture, aims to prepare students for the bar exam by covering essential legal topics. It explores core concepts of Constitutional Law, focusing on federalism, the separation of powe…
Lecture One introduces foundational concepts in Constitutional Law, addressing federalism, separation of powers, and core individual rights (Due Process, Equal Protection, and the Commerce Clause). It explains federalism…
This lecture provides a comprehensive overview of secured transactions under the Uniform Commercial Code (UCC), particularly focusing on Article 9. It explain how a security interest in a debtor's personal property i…
This lecture, the third in a series on Secured Transactions, focuses on the final stage of the process: default, remedies, and enforcement under Article 9 of the Uniform Commercial Code (U.C.C.). It explains that while t…
This lecture explores the critical phase of default, remedies, and enforcement in secure transactions under Article 9 of the UCC. It covers the definition of default, the rights of secured parties upon default, the proce…
This lecture introduces key concepts in Secured Transactions under the Uniform Commercial Code, focusing on perfection and priority. It explains that perfection, achieved through methods like filing, possession, control,…
This lecture introduces key concepts in Secured Transactions under the Uniform Commercial Code, focusing on perfection and priority. It explains that perfection, achieved through methods like filing, possession, control,…
This lecture, the first in a series on secured transactions, focuses on the nature and creation of security interests under Article 9 of the U.C.C. It defines a secured transaction as a credit arrangement where a debtor …
Lecture One focuses on the foundation of secured transactions under Article 9 of the Uniform Commercial Code, exploring what a security interest is and how it is created. A secured transaction is a credit arrangement whe…
This lecture provides an overview of agency law, a core concept in business associations. It explains the definition and key elements of an agency relationship, including mutual consent, action on behalf of the principal…
This lecture provides a comprehensive overview of corporations, a key business structure defined as a separate legal entity with characteristics like limited liability for owners, centralized management, and continuity o…
In Lecture Three of the Business Associations series, we explored the complex legal framework governing corporations, the most dominant form of business organization today.We began by defining a corporation as a separate…
This lecture provides a detailed overview of partnership law, beginning with the definition and essential elements of a partnership according to the Uniform Partnership Act. It explores the legal significance of profit s…
In Lecture Two of the Business Associations series, we explored the core principles governing partnerships, one of the oldest and most flexible forms of business association.We began by defining a general partnership as …
The lecture covers the core concepts of agency law, explaining how a relationship is formed when one person, the principal, authorizes another, the agent, to act on their behalf subject to their control. It details the v…
This lecture provides a comprehensive overview of agency law, exploring its foundational principles, core components, types of authority, fiduciary duties, liability, termination, case law, doctrinal debates, practical a…
This podcast discusses fundamental concepts of the United States government and constitutionalism. They highlight the historical roots of limited government, tracing ideas back to ancient thought and European development…
This lecture explores the role of the Supreme Court in the U.S. constitutional system, focusing primarily on the concept of judicial review, which allows the Court to invalidate laws and actions that conflict with the Co…
This lecture series explores the critical role of the Supreme Court in the American constitutional system, focusing on judicial review, interpretive methods, landmark cases, and the relationship between the judiciary and…
This lecture outlines the foundational principles of federalism in the United States, explaining the division of power between the federal government and individual states. It defines federalism by contrasting it with un…
This lecture explores the concept of federalism and the division of powers between the federal government and the states, highlighting constitutional provisions, landmark Supreme Court cases, and ongoing debates surround…
This conversation provides a comprehensive overview of constitutional law, focusing on the separation of powers, checks and balances, and landmark Supreme Court cases. It emphasizes the importance of understanding these …
This lecture explores the foundational framework of the United States Constitution, focusing on the separation of powers among the legislative, executive, and judicial branches. It discusses the key powers and functions …
This discussion provides an overview of fundamental concepts in real property law. They explain different types of ownership interests, including fee simple estates, outlining the rights associated with owning land and a…
This legal lecture explores the fundamental concepts of real property transfer, focusing on how land interests move from one party to another, how financing is secured through mortgages, and how buyers and lenders ensure…
This legal lecture explores the fundamental concepts of real property transfer, focusing on how land interests move from one party to another, how financing is secured through mortgages, and how buyers and lenders ensure…
This conversation delves into the complexities of shared property rights, focusing on concurrent ownership, leasehold estates, and non-possessory interests. The discussion highlights the importance of understanding diffe…
This lecture covers the essential aspects of real property law, focusing on concurrent ownership, leasehold estates, and non-possessory interests. It begins with an exploration of concurrent ownership types, including te…
This lecture provides an introduction to key concepts in real property law, focusing on possessory estates and future interests. It begins by defining real property and the bundle of rights associated with ownership, whi…
This lecture covers possessory estates (present rights to land) and future interests (rights that vest later) in real property law. Real property includes land and its fixtures; ownership comprises a bundle of rights (po…
These sources collectively offer a comprehensive overview of criminal procedure in the United States, contrasting it with criminal law and highlighting its purpose in balancing societal security and individual rights. Th…
This lecture provides an overview of crucial constitutional rights within the realm of criminal procedure, extending from the moment an individual faces charges through potential post-conviction challenges. It details Si…
This lecture provides an overview of crucial constitutional rights within the realm of criminal procedure, extending from the moment an individual faces charges through potential post-conviction challenges. It details Si…
This lecture outlines criminal procedure, focusing on the stages from initial arrest through the pretrial process. It explains the constitutional standards for seizing an individual, differentiating between reasonable su…
This lecture covers lawful arrests, pretrial procedures, and confession/interrogation law, building on Fourth Amendment search and seizure. Key topics include constitutional standards for stops, frisks (reasonable suspic…
This lecture provides an overview of criminal procedure law, with a significant focus on the constitutional foundations and the specifics of the Fourth Amendment. It explores the sources of this law, including the Consti…
This lecture provides a comprehensive overview of the constitutional foundations of criminal procedure law, focusing on the Fourth Amendment. It explores the sources of criminal procedure, the significance of judicial in…
This discussion is comprise three lectures covering the fundamental principles of contract law, from its origins and formation to the consequences of non-performance. The first lecture focuses on contract formation, deta…
This lecture text explores contract interpretation, discussing how courts determine the meaning of agreements using the plain meaning rule and extrinsic evidence, such as course of performance, course of dealing, and usa…
This lecture series on contract law focuses on the remedies available when a contract is breached. It covers legal and equitable remedies, the measurement of damages, and the doctrines governing restitution and quasi-con…
This lecture text explores contract interpretation, discussing how courts determine the meaning of agreements using the plain meaning rule and extrinsic evidence, such as course of performance, course of dealing, and usa…
This lecture explores the principles of contract interpretation, performance obligations, breach of contract, and the rights of third parties. It covers how courts interpret contracts, the significance of performance sta…
This conversation delves into the fundamental aspects of contract formation, exploring the essential elements such as mutual assent, offer and acceptance, consideration, capacity, and legality. It also discusses various …
This lecture provides a foundational overview of contract formation, outlining the essential elements required for a legally binding agreement. It explains that a contract necessitates mutual assent, typically through of…
Harmful contact results in actual injury or pain, while offensive contact is contact that would offend a reasonable person's sense of personal dignity.The core requirement for intent in intentional torts is acting wi…
The four essential elements of common law defamation are: (1) a defamatory statement, (2) the statement was "of or concerning" the plaintiff, (3) the statement was published to a third party, and (4) the plaint…
This lecture comprehensively explores four distinct areas of tort law. Defamation protects reputation from false statements, outlining its elements and constitutional limitations. The four privacy torts—intrusion upon se…
To establish a prima facie case of negligence, a plaintiff must prove duty, breach, causation (both actual and proximate), and damages. These four elements demonstrate that the defendant had an obligation, failed to meet…
This lecture on torts law explains the fundamental principles of negligence, outlining its four core elements: duty, breach, causation, and damages, alongside related doctrines such as res ipsa loquitur and negligence pe…
Intentional torts require a volitional act by the defendant and a specific intent to cause harm or offensive contact, or knowledge with substantial certainty that such a consequence will result. This purposeful interfere…
This lecture provides a foundational overview of intentional torts, which require a volitional act and specific intent to cause harm or offensive contact, distinguishing them from negligence. It meticulously defines core…
Elements of a Crime: A crime generally has two components: the actus reus, the physical or external part, and the mens rea, the mental or internal feature. The actus reus generally includes a voluntary act that causes so…
A justification defense claims that the defendant's conduct was lawful under the circumstances, while an excuse defense concedes the wrongfulness of the act but argues the defendant should not be held criminally resp…
This lecture provides a comprehensive overview of defenses to criminal liability, categorizing them into justifications, where the act is deemed lawful, and excuses, where responsibility is negated due to factors like in…
Inchoate offenses are "incomplete" crimes that involve steps taken toward committing another crime, even if the final harmful result never occurs. The three main types discussed are attempt, solicitation, and c…
This lecture on criminal law explores the crucial concepts of inchoate offenses, which are incomplete crimes like attempt, solicitation, and conspiracy. It then transitions to specific crimes against persons, such as var…
The primary objectives of criminal law include deterrence (general and specific), incapacitation, retribution, rehabilitation, and defining societal norms. Unlike civil law, which aims to compensate a wronged party, crim…
This lecture note from a criminal law course introduces fundamental concepts necessary for understanding criminal liability. It explores the purposes of criminal law, including deterrence and retribution, and classifies …
The purpose of personal jurisdiction is to ensure that a court has the authority to compel a defendant to appear and litigate in a particular forum. This authority is constitutionally grounded in the Due Process Clause o…
The Seventh Amendment guarantees the right to a jury trial in federal civil cases for legal claims, primarily those seeking monetary damages (e.g., torts, contract breaches), as opposed to equitable remedies like injunct…
This lecture provides a thorough overview of the concluding phases of federal civil litigation, starting with the fundamental right to a jury trial and the selection process. It then details the structured progression of…
The primary purpose of discovery is for parties to exchange information and evidence before trial, ensuring fairness and preventing "trial by ambush" by requiring both sides to have access to relevant facts and witnesses…
This lecture provides an overview of key pretrial procedures in civil litigation, focusing on discovery, case management, and summary judgment. Discovery is explained as the formal process for exchanging information and …
Short-Answer QuizWhat is the fundamental purpose of personal jurisdiction, and what constitutional provision provides its basis?Personal jurisdiction ensures a court has the authority to compel a defendant to appear and …
This lecture on federal civil procedure outlines the initial stages of litigation. It begins by explaining jurisdiction, focusing on the court's power over parties (personal jurisdiction) and the types of cases it can he…
The two core elements for intrusion upon seclusion are: (1) the defendant intentionally intruded, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns; and (2) the intrusi…
PRIVACY TORTS — INTRUSION, APPROPRIATION, AND FALSE LIGHTAmerican tort law recognizes a set of privacy torts designed to protect individuals from unjustified invasions into their personal lives. These include intrusion u…
The objective theory of contracts states that a party's intention to enter into a contract is judged by outward, objective manifestations (words and conduct) as interpreted by a reasonable person in the offeree's…
Contract Law Fundamentals – Formation, Enforceability, and PerformanceThis lecture provides a comprehensive overview of contract law, a core subject in both law school and bar exam preparation. It examines how legally en…
Estoppel is a legal principle that prevents a party from asserting a claim or fact that contradicts a previous statement or agreement. Its primary goal is to ensure fairness and consistency in legal proceedings by preven…
This lecture explores the legal doctrine of estoppel, a principle that prevents a party from asserting a position that contradicts one they previously took, especially when another party has relied upon that initial posi…
"Res judicata" literally means "a matter judged." The fundamental principle it represents is that parties are precluded from re-litigating claims or issues that have already been resolved by a final judgment from a court…
Res Judicata – Claim and Issue PreclusionRes judicata is a doctrine in civil procedure that prevents parties from re-litigating matters that have already been finally decided in previous judicial proceedings. It encompas…
Key Themes and Important Ideas:1. Foundational Importance:The presumption of innocence is presented as a "vital safeguard that underpins the entire criminal justice system" and "serves as the bedrock of our legal protect…
In this in-depth lecture, we journey through the evolution of the presumption of innocence—a cornerstone of criminal law that insists an accused is innocent until proven guilty beyond a reasonable doubt. We explore its h…
Main Themes and Important Ideas:1. Definition and Core Principle:Sovereign immunity is a legal doctrine stating that the state (or sovereign) cannot be sued without its consent.It is rooted in the historical maxim "…
In this in-depth lecture, I unpack the doctrine of sovereign immunity—its historical origins, constitutional foundations, and practical implications for modern litigation. Join me as I explore how this principle evolved …
I. Discovery: The Cornerstone of Fact-FindingThe lecture begins by establishing discovery as a critical, foundational stage in civil litigation, going beyond a mere preliminary step.Key Ideas:Fact-Finding and Transparenc…
In this comprehensive lecture, we dive deep into the discovery process—a cornerstone of civil litigation. Join me as we break down the essential elements of discovery, from mandatory initial disclosures and depositions t…
This is an overview and summary of trusts and estates law, focusing on the creation and types of trusts, trustee duties, probate and estate administration, tax planning, and wills/intestacy.Trusts are a way to manage ass…
Probate is a court-supervised process used to authenticate a decedent’s will, appoint a personal representative, gather assets, pay debts, and distribute remaining assets to heirs or beneficiaries. The process varies in …
Probate is a court-supervised process that authenticates a decedent’s will, appoints a personal representative, and oversees the gathering of assets, payment of debts, and distribution of remaining assets to heirs or ben…
In this episode of The Legal Minute, we tackle one of the most dreaded topics in property law — the Rule Against Perpetuities — and break it down in plain English.You’ll learn why the law limits how long someone can cont…
This legal lecture provides a structured overview of trusts and estates law, specifically focusing on the creation of trusts and the duties of trustees. It begins by outlining the five essential elements required to esta…
n this episode of The Legal Minute, we break down one of the most common misconceptions in tort law — the difference between assault and battery. You’ll learn how the law distinguishes between a mere threat that creates …
Trusts serve as highly adaptable arrangements for managing and distributing assets, both during a settlor’s lifetime and after death. This lecture opens by outlining the five key elements that define a valid trust. First…
This lecture introduces the fundamental purpose of a will within the context of trusts and estates law. It explains that a will is a legally binding document outlining how a person's assets should be distributed after th…
This lecture introduces the foundational principles of wills and intestacy law. It explains that a will is a legal document allowing individuals to direct the distribution of their assets and name guardians for minors af…
MARRIAGE & PARTNERSHIPSMarriage FormationRequirements: License, age restrictions, consent, solemnizationCommon-Law Marriage: Cohabitation + holding out as married + intentAgreementsPrenuptial: Before marriage, addres…
This lecture comprehensively examines child custody determinations, emphasizing the best interest of the child standard and the distinctions between legal and physical custody, alongside visitation frameworks. It further…
Child custody, adoption, and emerging issues in parental rights represent central concerns of modern family law. This lecture begins by emphasizing that courts typically decide child custody according to the “best intere…
This lecture comprehensively surveys the legal aspects of divorce and separation, beginning with the historical shift from fault-based to predominantly no-fault grounds for dissolving a marriage. It examines the various …
This lecture addresses the core legal framework surrounding divorce and separation, beginning with an overview of fault-based versus no-fault grounds. Historically, many states required one spouse to prove misconduct suc…
Key ConceptsRequirements for Valid Statutory Marriage:Obtaining a marriage license from the appropriate government authority.Meeting eligibility requirements such as age, not being currently married (bigamy), and not bei…
Marriage and partnerships form a core framework of family law. This lecture begins by outlining the formal requirements for a valid marriage, typically including a marriage license, compliance with minimum age rules, and…
This summary provides a foundational understanding of corporate law, detailing the reasons for choosing the corporate structure, the legal process of its formation through filing articles of incorporation, and the crucia…
This lecture on corporate law focuses on the advanced stages of a corporation's life cycle beyond formation and governance. It explains financing mechanisms, detailing equity through various stock types and debt thro…
In this final lecture, the discussion centers on how corporations raise funding, reshape themselves through mergers and acquisitions, and ultimately manage dissolution if needed. The opening theme is corporate financing:…
This lecture on corporate law explains the roles of directors, officers, and shareholders, and fiduciary duties. It also details the business judgment rule and shareholder rights.Directors owe a duty of care to make info…
This lecture on corporate law examines the governance of corporations, focusing on the fiduciary duties of directors and officers, such as care, loyalty, and good faith. It explains the business judgment rule, which prot…
Corporate Law: Inception of the CorporationWhy Choose the Corporate Form?Entrepreneurs, investors, and businesspeople choose the corporate form for several reasons. Limited liability is a primary factor, as it protects s…
Corporate Law: Inception of the CorporationWhy Choose a Corporation?The corporate form offers several advantages over other business structures. Limited liability protects shareholders' personal assets from business debt…
Standing is the legal ability to file a lawsuit.Only those directly involved and affected by an issue have standing.Article III of the Constitution gives federal courts the right to preside over "cases" and &qu…
Lecture 1: Introduction to Negotiable InstrumentsDefinition and Types: Distinguish between notes (promissory notes) and drafts (checks).Requirements for Negotiability: Unconditional promise or order to pay, fixed amount …
Lecture 5: Advanced Topics and Bar StrategyAlterations and Forgeries:Discuss the types of alterations that can occur on a negotiable instrument, such as changes to the amount, date, payee, or interest rate.Explain the ef…
I. Check-Specific RulesOverdrafts:Definition: A check written for an amount that exceeds the available balance in the account.Bank's Options:Pay the check and charge the customer an overdraft fee.Dishonor the check a…
Parties' LiabilityMaker/Drawer: The maker of a note or the drawer of a check is primarily liable for the instrument. This means they are obligated to pay the instrument when it becomes due, according to its terms.End…
Holder in Due Course (HDC) Doctrine: A Concise OverviewThe HDC doctrine is crucial in negotiable instruments law, facilitating the smooth transfer of commercial paper. It protects good-faith purchasers from certain defen…
Lecture 1: Introduction to Negotiable InstrumentsDefinition and TypesNegotiable Instruments: Written documents that represent a promise to pay a specific sum of money and can be easily transferred from one person to anot…
This podcast summarizes lectures on federal income taxation, covering foundational principles, deductions, credits, reporting, advanced topics, and exam preparation.Key points include:Historical and constitutional basis …
This lecture script provides an overview of advanced topics in Federal Income Tax, strategies, and exam-focused advice It recaps foundational principles like gross income, deductions, and tax credits.Key areas covered in…
This third lecture expands on prior lessons about Federal Income Tax by delving into more complex issues, the strategic use of tax rules, and practical exam-oriented approaches. It begins by recalling the foundational pr…
This lecture provides an overview of deductions, tax credits, and reporting requirements relevant to federal income tax.Deductions reduce taxable income. Above-the-line deductions, such as IRA contributions and student l…
The lecture begins by explaining deductions, emphasizing the fundamental split between above-the-line and below-the-line deductions. Above-the-line deductions, such as contributions to certain retirement accounts and stu…
This podcast provides an overview of federal income taxation, beginning with the historical and constitutional basis, particularly the Sixteenth Amendment, which granted Congress the power to tax income without apportion…
This lecture begins by outlining the historical and constitutional roots of the federal income tax. Early in American history, the federal government used excise taxes and tariffs to raise revenue, and only in special ci…
This lecture provides an in-depth exploration of different categories of crimes recognized in criminal law. It defines a crime as any act or omission that violates a law and is punishable by the state, broadly categorize…
Community Property vs. Common Law Property SystemsSubject: Analysis of Community Property and Common Law Property Systems in Family and Property LawCommunity Property System:Marriage is viewed as an economic partnership.…
Community Property vs. Common Law Property SystemsI. Historical and Theoretical FoundationsCommunity Property SystemDerived from civil law traditions (Spanish and French)Marriage is an economic partnershipAssets acquired…
Consumer Privacy: Laws protecting consumers' personal information from unauthorized collection, use, and disclosure.Consumer privacy laws are designed to protect individuals' personal information from being collected, us…
In today's podcast, we discussed the critical area of consumer protection law, focusing on consumer privacy. Consumer protection law covers a broad range of areas including product safety, false advertising, fair credit …
This lecture defines Presidential Executive Orders as directives issued by the President to manage federal government operations, carrying the force of law without congressional approval. Executive orders enable Presiden…
Presidential Executive Orders: Definition, Authority, and ScopeDefinition: Presidential Executive Orders are directives issued by the President to manage federal government operations.Authority:Article II of the U.S. Con…
I. RelevanceTo be admissible in court, evidence must be relevant. This means it must have "any tendency" to make a fact more or less probable (Rule 401). The threshold for relevance is low. Even evidence with t…
Impeachment, Privileges, and Expert TestimonyVI. ImpeachmentA. Methods of ImpeachmentPrior Inconsistent StatementsUsed to challenge witness credibility.Not hearsay if used only for impeachment.Bias or Motive to LieEviden…
Let's break down the main points of Evidence Law, focusing on how to challenge witnesses, protect confidential info, use expert testimony, and navigate those tricky hearsay exceptions.I. Impeachment: Discrediting a Witne…
This Evidence Law lecture outlines the rules governing character evidence and hearsay. Character evidence, generally inadmissible to prove conduct, has exceptions in both criminal and civil cases, with admissibility depe…
Character EvidenceGeneral Rule (Criminal Cases): Past behavior can't be used to prove someone acted that way in a specific instance.Exceptions (Criminal Cases): "The Defendant Opens the Door": If the defendant brings up …
Evidence law ensures fair, efficient, and reliable trials by determining what information is admissible in court. The Federal Rules of Evidence (FRE) guide federal courts and influence state rules, promoting uniformity a…
Lecture 1 Summary: Relevance and Witness Examination Introduction to Evidence Evidence law governs the admissibility of information in court to ensure fair, efficient, and reliable trials. The Federal Rules of Evidence (…
This briefing document provides a comprehensive review of criminal law and procedure, covering substantive law, constitutional protections, and trial procedures. Key areas include: Mental States: The document details fou…
Summary of Criminal Law & Procedure – Day 4 Introduction Day 4 focuses on post-conviction relief and exam preparation. The session covers: Criminal Appeals – The appellate process, standards of review, and common gro…
Lecture 3 of Criminal Law & Procedure focuses on constitutional safeguards in criminal cases, specifically the Fifth and Sixth Amendments, as well as pretrial and trial procedures.The Fifth Amendment protects against…
Summary of Criminal Procedure – Lecture 3 Introduction Lecture 3 focuses on constitutional protections in criminal proceedings, covering the Fifth and Sixth Amendments and pretrial and trial procedures. Key Topics: Fifth…
The lecture covers defenses to crimes and an introduction to criminal procedure, focusing on the Fourth Amendment. Defenses to Crimes: Capacity Defenses include insanity, infancy, and intoxication. Insanity involves not …
Summary of Criminal Procedure – Day 2 Introduction Day 2 covers criminal defenses and an introduction to criminal procedure, focusing on legal justifications and constitutional protections under the Fourth Amendment. Key…
This lecture covers the core principles of criminal law, focusing on the elements of a crime, crimes against persons and property, and inchoate offenses. Elements of a Crime: Actus Reus is the physical component of a cri…
I. Elements of Crimes Actus Reus (The Guilty Act) A crime requires a voluntary act or an omission where a legal duty exists. Involuntary acts (e.g., seizures) do not qualify. Mens Rea (The Guilty Mind) Purpose: Defendant…
I. Contract Formation A contract requires offer, acceptance, and consideration. Offer: A clear expression of willingness to be bound, creating a reasonable belief that assent will finalize the deal. Advertisements are ge…
Lecture 3 I. Third-Party Rights A. Third-Party Beneficiaries Intended vs. Incidental Beneficiaries Intended: Has rights to enforce the contract. (Example: life insurance policy beneficiaries) Incidental: No legal rights …
Contract Law: Third-Party Rights and UCC Distinctions This lecture series covers contract law, including formation, defenses, performance, breach, and remedies. The final session focuses on third-party rights and Uniform…
Analysis of Contract Performance, Breach, and Remedies This lecture script outlines key aspects of contract law, focusing on performance, breach, and remedies. Here's a summary: Performance and Obligations: Condition…
Lecture 2 I. Performance and Breach Welcome back! Our second lecture will focus on how contracts are carried out, what constitutes breach, and how courts determine whether a party’s performance is adequate. A. Performan…
Introduction to Contract Law: Contract law deals with legally binding promises. It establishes which promises are enforceable and how courts will handle breaches of those promises. Understanding contract law is essential…
Lecture 1 I. Introduction to Contract Law Good morning! Welcome to our three-day deep dive into Contract Law. Over the next three sessions, we will examine every major aspect needed to pass a law school exam or bar exam…
Session 1: Foundations of Tort Law Chapter 1: Introduction to Tort Law Tort law is a branch of civil law that addresses harm or injury caused by one party to another. Its primary goal is to provide remedies for the injur…
This legal decision explains tort law, focusing on nuisance, economic torts, and defenses to tort claims. It details the different types of nuisance (public and private), their remedies (damages, injunctions, abatement),…
Session 3: Expanding Horizons in Tort Law Chapter 7: Nuisance Nuisance law addresses unreasonable interferences with property rights. Two primary types are: Private Nuisance: Interference with individual property use. Pu…
This legal discussion covers three core areas of tort law: strict liability, defamation, and product liability. Strict liability focuses on holding individuals or entities responsible for harm caused by inherently danger…
Tort Law - Strict Liability, Defamation, and Product Liability Chapter 4: Strict Liability Strict liability assigns responsibility for damages caused by certain activities or conditions, regardless of intent or care. It …
Session 1: Foundations of Tort Law Chapter 1: Introduction to Tort Law Tort law is a branch of civil law that addresses harm or injury caused by one party to another. Its primary goal is to provide remedies for the injur…
Session 1: Foundations of Tort Law Chapter 1: Introduction to Tort Law Tort law is a branch of civil law that addresses harm or injury caused by one party to another. Its primary goal is to provide remedies for the injur…
Employment Law This is a summary of employment law, focusing on discrimination and at-will employment. It emphasizes the balance between employee rights and employer flexibility. Employment Law Fundamentals: This sect…
Bankruptcy Law Fundamentals Introduction Bankruptcy law provides debt relief for individuals and businesses while ensuring creditor fairness and financial stability. It has evolved from punitive measures to a rehabilitat…
Immigration Law Basics I. Overview and Core Principles Immigration law regulates the entry, residency, work, naturalization, and removal of non-citizens in the U.S. It balances national security, economic growth, humanit…
Miranda Rights, established by the Supreme Court in Miranda v. Arizona (1966), are constitutional safeguards that protect individuals from self-incrimination during custodial interrogation. These rights include the right…
Corporations and LLCs are two common types of business entities. Corporations are formed by filing articles of incorporation with the Secretary of State. They are characterized by limited liability, separate legal entity…
Property Law What is Property? Property is a legally protected interest in something tangible or intangible. It can be classified into real property (land and attachments) and personal property (movable items and intangi…
Landlord-tenant law governs the relationship between property owners and renters, with tenancies like tenancy for years, periodic tenancy, tenancy at will, and tenancy at sufferance. Landlord obligations include the impl…
This lecture explores advanced topics in property law. Mortgages are legal agreements where borrowers pledge real property as security for loans. They include a promissory note and mortgage instrument, and come in types…
Lecture 2 Summary - Property: Ownership, Use, and Transfer I. Core Concepts Ownership vs. Possession: While ownership is the legal right to control, use, and dispose of property, possession is the physical control or o…
Property Law Lecture 2 Ownership, Use, and Transfer of Property Introduction to Ownership and Possession Ownership and possession are fundamental concepts in property law. Ownership refers to the legal right to control, …
Foundations of Property Law I. Introduction Property law, which governs the ownership, use, and transfer of property, is crucial for regulating resource allocation, resolving disputes, ensuring stability, fairness, and e…
Lecture 1: Foundations of Property Law I. Introduction to Property Law Definition and Importance of Property Law Types of Property: Real Property versus Personal Property Tangible and Intangible Property: Examples and Ke…
The upcoming 2025 podcast series, Law School 2025, is designed to provide an engaging, accessible resource for mastering essential legal topics. Tailored for law students, legal professionals, and anyone curious about th…
The U.S. Constitution establishes the framework of the federal government and divides power among three branches: legislative, executive, and judicial. Marbury v. Madison established the principle of judicial review, emp…
Constitutional Law Lecture 3 - Individual Rights and Landmark Cases I. Introduction: Core Principles of Individual Rights Foundation: Individual rights, which are protected by the US Constitution, are designed to prote…
Constitutional Law lecture 3 focuses on individual rights, encompassing First Amendment freedoms (speech, press, religion), due process, equal protection, and landmark Supreme Court cases. First Amendment Freedoms: Speec…
This is a lecture outline on US Constitutional Law focusing on federalism—the balance of power between the federal government and individual states. The lecture details the constitutional framework governing this relatio…
Federalism is the division of power between the federal government and the states. The Constitution establishes this framework by outlining enumerated powers for the federal government, reserved powers for the states, an…
Constitutional Law Lecture 1 – Structure of Government and Separation of Powers Source: Excerpts from "Constitutional Law Lecture 1: The Structure of Government and Separation of Powers" I. Foundational Overview I begin …
Constitutional Law Lecture 1 - Structure of Government and Separation of Powers Introduction This lecture provides an overview of the structure of the U.S. government, emphasizing the doctrines of separation of powers an…
The Federal Rules of Civil Procedure (Overview) Trial Process and Jury Instructions: Civil Procedure / Evidence Trial Process Jury Selection: The process of selecting a fair and impartial jury. This may involve questioni…
Trespass to Land Definition and Elements: Occurs when someone intentionally enters or remains on another’s land without permission or legal justification. Key elements: Intent: Intentionally performing the act that cause…
This lecture excerpt outlines the core principles of evidence law concerning witnesses, expert testimony, and evidence authentication. It systematically covers witness competency, including special rules for judges and j…
This lecture excerpt comprehensively covers Limited Liability Companies (LLCs) and securities regulation, two crucial areas of corporate law. It details LLC formation, emphasizing Articles of Organization and the crucial…
Contract Law - Advanced Topics & Exam Preparation Lecture Summary: This lecture provides a summary of key concepts from a law school lecture on advanced contract law and exam preparation. It covers contract discharge…
This lecture outlines key modern constitutional law issues, emphasizing the application of established doctrines—like the First and Fourth Amendments, and the Commerce Clause—to contemporary challenges. It examines the i…
Criminal Law Bar Exam Essentials This document provides a focused review of "Introduction to Criminal Law Bar Exam Preparation," emphasizing key areas for the Multistate Bar Exam (MBE). I. Core Principles of Criminal Lia…
This lecture provides a comprehensive overview of personal jurisdiction in civil procedure. It explains the concept's definition, constitutional basis (primarily the Due Process Clause), and different types (in personam,…
Executive Orders What are they? Presidential Executive Orders are official directives issued by the President of the United States to manage and direct the operations of the federal government. They instruct federal agen…
Privileges and Policy-Based Exclusions in Evidence Law Source: Lecture Four of Evidence Law: Privileges and Policy-Based Exclusions Main Themes: Balancing Truth and Societal Interests: Evidence law navigates the tension …
Corporate Liability and Governance This document summarizes the core concepts of corporate liability and governance, focusing on legal responsibility and management practices. I. Corporate Liability: Corporations are dir…
Week 4 Lecture: Remedies and Third-Party Issues in Contract Key Themes: Remedies for Breach of Contract: When a party breaches a contract, the law provides various remedies to compensate the non-breaching party. Third-P…
Criminal Procedure and Constitutional Rights This document reviews the key themes and critical facts from the provided lecture excerpt, “Lecture 4 Constitutional Law: Criminal Procedure and Constitutional Rights.” The do…
Specific Crimes and Sentencing in Criminal Law This document offers a summary of "Lecture 5 of 5: Criminal Law: Specific Crimes and Sentencing." The lecture explores the categorization of crimes, the elements that consti…
Comparative Negligence Main Themes: Shift from Contributory Negligence: This document details the evolution of tort law from the rigid doctrine of contributory negligence, which barred any recovery for plaintiffs even sl…
Defamation Law in the Digital Age Main Themes: Balancing act: Defamation law seeks to protect individual reputations while upholding the First Amendment's free speech guarantees. Evolution of defamation: Traditional libe…
Character Evidence and Impeachment This summarizes key themes and important facts from the provided excerpt of "Lecture Three: Character Evidence and Impeachment." I. Character Evidence: General Rule and Exceptions (FRE …
Corporation Formation and Governance This document summarizes key points on corporation formation and governance. I. Corporation Formation Incorporation Process: File Articles of Incorporation with the state. Adop…
Defenses and Key Concepts I. Foundations of Enforceability: Capacity and Legality A contract's enforceability rests on the parties' legal capacity and the agreement's lawful purpose. A. Legal Capacity Minors: Generally, …
Constitutional Law Summary This document provides a summary of key Equal Protection and First Amendment principles. Equal Protection: The Fourteenth Amendment ensures equal legal treatment. The Supreme Court uses three l…
Introduction to Criminal Law Source: Lecture 4: Criminal Law: Core Principles and Liability Main Themes: Distinguishing criminal law from civil law Purposes of criminal law Sources of criminal law Elements of a crime Cla…
Let's delve deeper into the concept of conversion, a tort that safeguards personal property rights. Conversion: An Overview At its core, conversion is a legal wrong that arises from the unauthorized and substantial inter…
Foundations of Promissory Estoppel Overview: This Podcast reviews the core concepts of promissory estoppel; an equitable remedy that enforces promises even when a formal contract is absent. The document draws upon the pr…
Source: Lecture Two of Five: Evidence Law Main Themes: Hearsay: Hearsay is an out-of-court statement presented to prove the truth of the matter it asserts. It's generally inadmissible due to concerns about reliability si…
Agency and Partnership Law - Partnership Deep Dive Source: Lecture 2 from "Agency and Partnership 5 week lecture series." Partnership Deep Dive Overview: This lecture provides a comprehensive overview of partnerships, fo…
Contract Law - Performance, Breach, and Discharge Core Concepts: Contract Interpretation: The process of determining the meaning of contract terms (both express and implied) using established rules and contextual evidenc…
Individual Rights and Due Process Under the Fourteenth Amendment Source: ConLaw Lecture 2 of 5: Individual Rights and Due Process Main Themes: The Fourteenth Amendment as a cornerstone of individual rights: The Fourteent…
Criminal Law - Week 2 Lecture Main Themes: This lecture focuses on the crucial elements of criminal liability, primarily causation and defenses. It delves into the different types of defenses, categorizing them as justif…
Legal Objections Source: Lecture on Legal Objections Main Themes: Importance of Legal Objections: Objections are crucial in trial advocacy, ensuring fairness, upholding legal and procedural rules, preserving the record f…
The sports industry is a dynamic and multi-billion-dollar business, and behind almost every successful athlete stands a skilled sports agent who manages the athlete’s career both on and ff the field. Sports agents serve …
Evidence Law - Relevance and Prejudice Source: Excerpts from "Evidence Chapter 1: Relevance and Prejudice" Main Themes: Relevance: Defining and applying the concept of relevance as a cornerstone of evidence admissibility…
Agency Relationships and Partnership Fundamentals This document summarizes key themes and important facts from the provided excerpt of a law school course on Business Associations, focusing on Week 1: Agency Relationship…
Comprehensive Overview of Contract Law Source: Week One Lecture Series on Contract Law Main Themes: The Importance of Contract Law: Contract law provides the foundational framework for agreements in society, ensuring st…
Constitutional Law - Day 1 Main Themes: Judicial Review: The power of the courts to interpret the Constitution and invalidate laws/actions of other branches. Sources of Federal Power: How the Constitution grants and limi…
Introduction to Criminal Law Source: Excerpts from "Criminal Law - Lecture" Main Themes: Defining Criminal Law: This lecture establishes the foundation of criminal law, exploring its purpose, scope, and core principles. …
Chapter 7 of "Advanced Mediation Techniques": Complexity in Mediation: The chapter addresses the challenges mediators face when dealing with multiple parties with diverse interests. Interest-Based Mediation: This tec…
Intellectual Property Rights in Sports: Introduction: Intellectual property (IP) is crucial in sports for commercialization and branding. It helps teams, athletes, and organizations control their brands and products, e…
Causation in Law Source: Podcast: Causation: The Link Between Conduct and Harm Main Themes: Defining and differentiating factual and proximate causation. Applying causation principles in tort and criminal law. Examining …
Standing as a Gatekeeper of Justice Source: Lecture: "Standing: A Gatekeeper of Justice in the Legal System" Main Themes: Standing as a Threshold Requirement: The lecture emphasizes that standing is not just a procedural…
Equity and Equitable Remedies Source: Equity and Equitable Remedies: A Law School Podcast for Exam Success from the Law Essentials podcast. Main Themes: Equity as a Balancing Force: Equity acts as a counterbalance to the…
Conflict of Laws This briefing document reviews the main themes and important ideas from the provided lecture excerpts, "Conflict of Laws: Resolving Multi-Jurisdictional Disputes." I. Introduction & Importance of Con…
Double Jeopardy Source: Excerpts from "Double Jeopardy: A Fundamental Protection in Criminal Law" Main Themes: Protection from Government Overreach: Double jeopardy serves as a safeguard against prosecutorial abuse by …
The Mediation Process Source: Chapter 6, "The Mediation Process", from a legal podcast focused on teaching law students and legal professionals about mediation. Main Themes: Mediation as a collaborative alternative to ad…
Chapter 6: Doping and Drug Enforcement in Sports Purpose: To examine the legal frameworks surrounding doping and drug use in professional and amateur sports, including enforcement mechanisms and penalties. Key Topics: Th…
Let's break down the main points of this law school lecture on constitutional protections and rights. 1. Core Protections: The US Constitution has your back, protecting your freedoms from the government stepping over t…
Mutual Assent in Contract Law This document summarizes the key themes and important takeaways from the provided legal text, "I. Mutual Assent (Meeting of the Minds) in Contract Law." Core Concept: Mutual assent, often re…
Stare Decisis and Precedent Source: Excerpts from "Stare Decisis and Precedent For law school students" Main Themes: Definition and Importance of Stare Decisis and Precedent: This section defines stare decisis as the doc…
Criminal Negligence This document summarizes the main themes and key takeaways from the excerpt provided, "Overview of Criminal Negligence". I. Core Concept: Criminal negligence centers on conduct so reckless that it bec…
Elements of Negligence Source: Excerpts from "Elements of Negligence: In-Depth Explanation" Main Themes: This document provides a comprehensive overview of the four key elements required to prove negligence in tort law: …
The Power of Mediation – A Vital Tool for Legal Professionals Source: Podcast Episode: Negotiation and Mediation: Chapter 5: Mediation Basics Main Themes: The Importance of Mediation: Mediation is a crucial alternative d…
In the podcast episode titled "Keeping the Playing Field Fair: How Antitrust Law Shapes Professional Sports," the discussion delves into the intricate relationship between antitrust law and professional sports. The episo…
The Supremacy Clause Source: Excerpts from "The Supremacy Clause: A Law School Lecture" Main Themes: Federal Supremacy: The Supremacy Clause (Article VI, Clause 2) establishes the Constitution, federal laws made pursua…
Intentional Infliction of Emotional Distress (IIED) Source: Excerpts from "Intentional Infliction of Emotional Distress (IIED)" Main Themes: Definition and elements of IIED Examples of outrageous conduct Requirements of …
Duty of Care in Negligence Law Source: "Duty of Care: A Comprehensive Lecture" Main Themes: Duty of Care as the Foundation of Negligence Claims: This legal obligation to act reasonably to prevent harm to others is the f…
Strict Liability in Tort Law Source: Excerpts from "Strict Liability in Tort Law: An In-Depth Exploration" Main Themes: Definition and Scope of Strict Liability: Strict liability holds defendants liable for harm caused b…
The Reasonable Person Standard Source: "The Reasonable Person Standard: A 30-Minute Lecture" Main Themes: Definition and Origins of the Reasonable Person Standard Application in Tort Law: Duty of Care Application in Cont…
Excerpts from "Negotiation and Mediation Skills: Chapter 5: Mediation Basics" Main Themes: Mediation as a Collaborative Dispute Resolution Process: Unlike adversarial legal processes, mediation prioritizes cooperation, m…
Chapter 4: League Governance and Rules Enforcement Purpose: To explore the internal governance structures of professional sports leagues and the legal authority they possess to enforce rules and regulations. Key Topic…
Consideration in Contract Law Source: "Lecture on Consideration in Contract Law" Main Themes: Definition and Importance of Consideration: Consideration is the exchange of something valuable between parties, essential for…
The legal doctrine of Res Ipsa Loquitur, drawing upon excerpts from the lecture, "Res Ipsa Loquitur (The Thing Speaks for Itself) Explanation." What is Res Ipsa Loquitur? Res Ipsa Loquitur, meaning "the thing speaks for …
Burden of Proof Main Themes: Definition and Components of Burden of Proof: This legal doctrine defines who must present evidence and to what extent. It has two components: Burden of Production: Obligation to present eno…
The Good Faith Exception to the Exclusionary Rule Main Themes: Balancing Act: The Good Faith Exception seeks to balance the need to deter police misconduct with the practicalities of allowing reliable evidence into court…
The Fruit of the Poisonous Tree Doctrine prevents evidence obtained illegally and any derivative evidence from being used in court. This doctrine aims to deter police misconduct by discouraging unlawful searches and proc…
Negotiation Strategies Source: Chapter 4: Negotiation Strategies Main Themes: Strategic Preparation: The cornerstone of successful negotiation lies in meticulous planning and research. This includes understanding the is…
Chapter 3: Collective Bargaining and Labor Relations Purpose: This chapter examines the labor law framework as it applies to sports, focusing on the collective bargaining process and the labor-management relationship in …
Chapter 2: Athlete Contracts and Compensation Purpose: To explore the legal aspects of athlete contracts, focusing on negotiation strategies, contract drafting, and enforcement. Key Topics: Contract Formation in Profess…
Criminal Law Concepts and Applications Summary of key themes and ideas from "Sample Bar Exam Questions and Model Answers," focusing on criminal law foundations, defenses, and sentencing. I. Core Elements of Criminal Liab…
Punishment and Sentencing in Criminal Law This briefing document reviews the main themes and most important ideas presented in "Lecture 3 of 3: Punishment and Sentencing in Criminal Law." The lecture provides a comprehen…
Session 2: Criminal Defenses Objective: To explore the various defenses that can be used in criminal cases and understand how they are applied in practice. Key Topics: Justification Defenses: Self-Defense: The right to p…
Session 1: The Foundations of Criminal Law Objective: Introduction to the basic principles of criminal law, the structure of crimes, and the role of criminal statutes in defining offenses. Key Topics: What is Criminal La…
The Everyday Benefits of a Legal Education Main Themes: This document analyzes the excerpts from "How a Legal Education Can Benefit Anyone in Their Everyday Life" to highlight the key advantages of legal training beyond…
Choosing the Right Law School Courses for Your Career Goals This session reviews key themes and information from the provided excerpt of "Choosing the Right Law School Courses for Your Career Goals." It aims to guide law…
Tax Planning, Enforcement, and International Taxation Source: Session 3: Tax Planning, Enforcement, and International Taxation Main Themes: Strategic Tax Planning: Utilizing legal provisions to minimize tax liability and…
In-Depth Analysis of Personal and Corporate Taxation Source: Session 2: In-Depth Analysis of Personal and Corporate Taxation" Main Themes: Understanding the fundamentals of both personal and corporate income taxation in …
Overview of Tax Law and the US Tax System Main Themes: Importance of Tax Law: Tax law is crucial for funding government functions, influencing economic behavior, and ensuring compliance obligations for individuals and bu…
Chapter 3, "Communication Skills in Negotiation" from Negotiation and Mediation Main Themes: Effective communication is crucial for successful negotiation: It facilitates information exchange, relationship building, trus…
Welcome to our third session in this intellectual property series, focusing on Copyrights and IP Strategy. In our previous sessions, we covered patents and trademarks, both of which play an important role in protecting v…
Welcome to today's comprehensive lecture on Trademarks. In our last session, we discussed patents, one of the key components of intellectual property. Today, we will focus on trademarks, which play an essential role in p…
In today's expanded lecture, we covered the essentials of Intellectual Property, with a specific focus on patents. We began by understanding the broader context of IP rights, including patents, trademarks, copyrights, an…
Understanding the IRAC Method: A Step-by-Step Guide The IRAC method (Issue, Rule, Application, Conclusion) is a fundamental tool used by law students and legal professionals for structuring legal arguments in writing. It…
Maximizing the Moot Court and Mock Trial Experience Source: Excerpts from "Moot Court and Mock Trials: How to Get the Most Out of These Opportunities" Main Themes: Practical Legal Training: Moot court and mock trials b…
Chapter 2: Psychological Aspects of Negotiation Psychological Biases and Their Impact Human biases, like overconfidence, anchoring, or loss aversion, can significantly affect the outcomes of negotiations. A negotiator mu…
A Day in the Life of a Law Student Source: "A Day in the Life of a Law Student: Navigating the Challenges and Triumphs" Main Themes: Demands of Law School: The source emphasizes the rigorous nature of legal education, hi…
Networking for Law Students: Building Professional Connections That Last - A Briefing Doc This briefing doc summarizes key themes and takeaways from excerpts of "Networking for Law Students: Building Professional Connect…
This text is an excerpt from a legal textbook, delving into the history, structure, and principles of the United States Constitution. It lays out the foundational components of the document: the Preamble, Articles, and A…
Summary: "The State of Election Law and Voting Rights in 2024" briefing document highlights the key themes, legal battles, and future directions in election law and voting rights. Balancing election integrity a…
Employment Law Outline Summary Employment law governs the relationship between employers and workers, safeguarding workers' rights and outlining employer obligations. Common law, statutes, administrative regulation…
Chapter 1: Fundamentals of Negotiation Definition and Relevance of NegotiationNegotiation is the process of communicating back and forth with the aim of reaching a mutual agreement. This can involve buying a house, negot…
Summary: Key Points on Property Law Property Law Overview: Governs rules around ownership, possession, use, transfer, and regulation of real and personal property. Important for understanding land use, landlord-ten…
The Parol Evidence Rule in Contract Law "The Parol Evidence Rule in Contract Law: A Deep Dive." Central Theme: The Parol Evidence Rule governs the admissibility of evidence outside a written contract in dispute…
Mens rea refers to the mental state of a defendant during the commission of a crime and is central to determining criminal liability. It helps differentiate between various levels of culpability, such as intent, knowledg…
Sports Law: Legal Principles in Professional and Amateur Athletics Chapter 1: Introduction to Sports Law Purpose: This chapter provides an overview of the field of sports law, introducing readers to its key concepts and…
Sports Law: Legal Principles in Professional and Amateur Athletics Chapter 1: Introduction to Sports Law Purpose: This chapter provides an overview of the field of sports law, introducing readers to its key concepts and…
The first year of law school, often referred to as 1L, is a transformative and challenging period in any aspiring lawyer’s journey. Students are expected to acquire new ways of thinking, learning, and writing while adjus…
Chapter 1: Introduction to Jurisprudence and Legal Theory Jurisprudence, often referred to as the "philosophy of law," delves into the underlying principles that shape legal systems and the nature of law itself…
Chapter 9: Building Relationships and Networking The Value of Study Groups: How to form and maintain effective study groups. Setting group goals, discussing cases, and collaborating on outlines. Connecting with Professor…
Chapter 7: Tackling Law School Exams Pre-Exam Preparation: How to prepare in the days and weeks leading up to exams. What to prioritize in your study plan. In-Exam Techniques: Time management strategies during the exam. …
Chapter 5: Building and Using Study Outlines Why Outlining is Critical for Success: How outlines serve as the backbone of your study process. How to Create Effective Outlines: Structuring outlines to include black-letter…
Chapter 3: Mastering Case Briefing Why Case Briefing Matters: Understanding the purpose behind briefing cases, and how it aids in both class participation and exam preparation. How to Brief a Case: Step-by-step guidance …
Chapter 1: Understanding the 1L Experience Overview of the 1L Year: Courses such as Contracts, Civil Procedure, Constitutional Law, Criminal Law, Property, and Torts. What to expect in terms of workload, pressure, and en…
Chapter 13: Modern Constitutional Issues - Summary. Chapter 13 explores key modern constitutional issues, focusing on the legal challenges and evolving interpretations of several major areas: gun control and the Second A…
Chapter 13: Modern Constitutional Issues - Summary. Chapter 13 explores key modern constitutional issues, focusing on the legal challenges and evolving interpretations of several major areas: gun control and the Second A…
Summary of Chapter 12: Case Law and Practical Applications. Chapter 12 explores the key principles of property law through landmark cases, real-world case studies, and practical problem-solving exercises. It emphasizes t…
Summary of Chapter 12: The Right to Privacy Chapter 12 explores the evolution and scope of privacy rights in the United States, addressing its origins, key legal developments, and emerging challenges. 1. Origins and Deve…
Summary of Chapter 12: The Right to Privacy. Chapter 12 explores the evolving concept of privacy rights in the United States, covering its historical origins, key legal developments, and emerging challenges in the digita…
Chapter 11: Special Issues in Property Law – Summary. Chapter 11 explores several complex and specialized aspects of property law, focusing on how legal rules governing property interact with issues like marriage, estate…
Chapter 11: Special Issues in Property Law – Summary. Chapter 11 explores several complex and specialized aspects of property law, focusing on how legal rules governing property interact with issues like marriage, estate…
Chapter 11: Special Issues in Property Law – Summary. Chapter 11 explores several complex and specialized aspects of property law, focusing on how legal rules governing property interact with issues like marriage, estate…
Summary of Chapter 11: First Amendment Rights. Chapter 11 delves into the fundamental protections provided under the First Amendment, which include freedom of speech, freedom of the press, freedom of religion, and the ri…
Summary of Chapter 11: First Amendment Rights. Chapter 11 delves into the fundamental protections provided under the First Amendment, which include freedom of speech, freedom of the press, freedom of religion, and the ri…
Summary of Chapter 11: Class Actions, MDL, Technology in Litigation, ADR, and Pro Se Litigation. Chapter 11 covers several critical aspects of modern litigation, focusing on advanced procedural mechanisms and the impact …
Summary of Chapter 11: Class Actions, MDL, Technology in Litigation, ADR, and Pro Se Litigation. Chapter 11 covers several critical aspects of modern litigation, focusing on advanced procedural mechanisms and the impact …
Summary of Chapter 11: Class Actions, MDL, Technology in Litigation, ADR, and Pro Se Litigation. Chapter 11 covers several critical aspects of modern litigation, focusing on advanced procedural mechanisms and the impact …
Summary of Chapter 10: Intellectual Property and Other Intangible Rights. Chapter 10 focuses on the various forms of intellectual property (IP) and other intangible rights, emphasizing their importance in protecting crea…
Summary of Chapter 10: Intellectual Property and Other Intangible Rights. Chapter 10 focuses on the various forms of intellectual property (IP) and other intangible rights, emphasizing their importance in protecting crea…
Summary of Chapter 10: Equal Protection. Chapter 10 explores the application of the Equal Protection Clause of the Fourteenth Amendment, which guarantees that no person shall be denied "the equal protection of the l…
Summary of Chapter 10: Equal Protection. Chapter 10 explores the application of the Equal Protection Clause of the Fourteenth Amendment, which guarantees that no person shall be denied "the equal protection of the l…
Summary of Chapter 10: Res Judicata and Collateral Estoppel. Res Judicata (Claim Preclusion): Res judicata, also known as claim preclusion, prevents parties from re-litigating claims that have already been resolved in a …
Summary of Chapter 10: Res Judicata and Collateral Estoppel. Res Judicata (Claim Preclusion): Res judicata, also known as claim preclusion, prevents parties from re-litigating claims that have already been resolved in a …
Summary of Chapter 10: Res Judicata and Collateral Estoppel. Res Judicata (Claim Preclusion): Res judicata, also known as claim preclusion, prevents parties from re-litigating claims that have already been resolved in a …
Summary of Chapter 10: Defenses to Tort Claims. Chapter 10 provides a comprehensive overview of the various defenses available in tort law, which defendants can use to avoid or mitigate liability. These defenses are esse…
Summary of Chapter 10: Defenses to Tort Claims. Chapter 10 provides a comprehensive overview of the various defenses available in tort law, which defendants can use to avoid or mitigate liability. These defenses are esse…
Chapter 10: Governmental and Regulatory Impact on Contracts explores the critical role that government and regulatory frameworks play in shaping contractual relationships. From consumer protection laws that safeguard con…
Chapter 10: Governmental and Regulatory Impact on Contracts explores the critical role that government and regulatory frameworks play in shaping contractual relationships. From consumer protection laws that safeguard con…
Summary of Chapter 9: Real Estate Transactions. Chapter 9 provides an in-depth exploration of the processes, legalities, and critical elements involved in real estate transactions, focusing on the essential components th…
Summary of Chapter 9: Real Estate Transactions. Chapter 9 provides an in-depth exploration of the processes, legalities, and critical elements involved in real estate transactions, focusing on the essential components th…
Chapter 9: Criminal Law in Practice delves into the real-world applications of criminal law, examining the roles of defense attorneys and prosecutors, the broader impact of criminal law on society, and the ethical challe…
Chapter 9: Criminal Law in Practice delves into the real-world applications of criminal law, examining the roles of defense attorneys and prosecutors, the broader impact of criminal law on society, and the ethical challe…
Chapter 9: Criminal Law in Practice delves into the real-world applications of criminal law, examining the roles of defense attorneys and prosecutors, the broader impact of criminal law on society, and the ethical challe…
Summary of Chapter 9: Due Process. Chapter 9 explores the concept of Due Process, a fundamental principle in American constitutional law that protects individuals from arbitrary and unfair government actions. Due Process…
Summary of Chapter 9: Due Process. Chapter 9 explores the concept of Due Process, a fundamental principle in American constitutional law that protects individuals from arbitrary and unfair government actions. Due Process…
Summary of Chapter 9: Post-Trial Motions and Appeals. Chapter 9 focuses on the critical post-trial processes that parties can pursue to challenge or modify the outcome of a trial. These processes include post-trial motio…
Summary of Chapter 9: Post-Trial Motions and Appeals. Chapter 9 focuses on the critical post-trial processes that parties can pursue to challenge or modify the outcome of a trial. These processes include post-trial motio…
Summary of Chapter 9: Post-Trial Motions and Appeals. Chapter 9 focuses on the critical post-trial processes that parties can pursue to challenge or modify the outcome of a trial. These processes include post-trial motio…
Summary of Chapter 9: Damages in Tort Law. Chapter 9 provides an in-depth exploration of the various types of damages and equitable remedies available in tort law, focusing on how these legal tools are used to address wr…
Summary of Chapter 9: Damages in Tort Law. Chapter 9 provides an in-depth exploration of the various types of damages and equitable remedies available in tort law, focusing on how these legal tools are used to address wr…
Summary of Chapter 9: Contract Interpretation Chapter 9 delves into the intricate process of interpreting contracts, focusing on how ambiguities, contradictions, and various interpretative aids are handled in legal pract…
Summary of Chapter 9: Contract Interpretation Chapter 9 delves into the intricate process of interpreting contracts, focusing on how ambiguities, contradictions, and various interpretative aids are handled in legal pract…
Summary of Chapter 8: Landlord and Tenant Law. Chapter 8: Landlord and Tenant Law delves into the legal framework governing the relationship between landlords and tenants, focusing on the rights and responsibilities of b…
Summary of Chapter 8: Landlord and Tenant Law. Chapter 8: Landlord and Tenant Law delves into the legal framework governing the relationship between landlords and tenants, focusing on the rights and responsibilities of b…
Summary of Chapter 8: Punishment and Sentencing. Chapter 8 delves into the theories, practices, and controversies surrounding punishment and sentencing in the criminal justice system. It explores various approaches to pu…
Summary of Chapter 8: Punishment and Sentencing. Chapter 8 delves into the theories, practices, and controversies surrounding punishment and sentencing in the criminal justice system. It explores various approaches to pu…
Summary of Chapter 8: Punishment and Sentencing. Chapter 8 delves into the theories, practices, and controversies surrounding punishment and sentencing in the criminal justice system. It explores various approaches to pu…
Summary of Chapter 8: The Bill of Rights and Individual Liberties. Chapter 8 delves into the protections afforded by the Bill of Rights, focusing on how these amendments safeguard individual liberties in the United State…
Summary of Chapter 8: The Bill of Rights and Individual Liberties. Chapter 8 delves into the protections afforded by the Bill of Rights, focusing on how these amendments safeguard individual liberties in the United State…
Summary of Chapter 8: The Bill of Rights and Individual Liberties. Chapter 8 delves into the protections afforded by the Bill of Rights, focusing on how these amendments safeguard individual liberties in the United State…
Summary of Chapter 8: Trial Procedures. Chapter 8 provides an in-depth examination of the trial process, covering the key stages from jury selection (voir dire) to the final jury deliberation and verdict. Here’s a summar…
Summary of Chapter 8: Trial Procedures. Chapter 8 provides an in-depth examination of the trial process, covering the key stages from jury selection (voir dire) to the final jury deliberation and verdict. Here’s a summar…
Summary of Chapter 8: Trial Procedures. Chapter 8 provides an in-depth examination of the trial process, covering the key stages from jury selection (voir dire) to the final jury deliberation and verdict. Here’s a summar…
Summary of Chapter 8: Nuisance. Chapter 8 explores the concept of nuisance within tort law, focusing on two primary types: Private Nuisance and Public Nuisance. This chapter delves into the legal principles, elements, de…
Summary of Chapter 8: Nuisance. Chapter 8 explores the concept of nuisance within tort law, focusing on two primary types: Private Nuisance and Public Nuisance. This chapter delves into the legal principles, elements, de…
Summary of Chapter 8: Nuisance. Chapter 8 explores the concept of nuisance within tort law, focusing on two primary types: Private Nuisance and Public Nuisance. This chapter delves into the legal principles, elements, de…
Summary of Chapter 8: Special Contractual Issues Chapter 8 focuses on the unique challenges and considerations that arise in specific types of contracts, particularly in the contexts of sales of goods, e-contracts, and i…
Summary of Chapter 8: Special Contractual Issues Chapter 8 focuses on the unique challenges and considerations that arise in specific types of contracts, particularly in the contexts of sales of goods, e-contracts, and i…
Summary of Chapter 8: Special Contractual Issues Chapter 8 focuses on the unique challenges and considerations that arise in specific types of contracts, particularly in the contexts of sales of goods, e-contracts, and i…
Summary of Chapter 7: Transfer of Property. Chapter 7 explores the various methods of transferring property ownership, focusing on sales, gifts, and devises. Each method involves specific legal processes, requirements, a…
Summary of Chapter 7: Transfer of Property. Chapter 7 explores the various methods of transferring property ownership, focusing on sales, gifts, and devises. Each method involves specific legal processes, requirements, a…
I. The Criminal Process: Arrest, Charging, Arraignment Arrest: The chapter begins with the arrest, which is the official start of the criminal process. An arrest occurs when law enforcement takes a person into custody ba…
I. The Criminal Process: Arrest, Charging, Arraignment Arrest: The chapter begins with the arrest, which is the official start of the criminal process. An arrest occurs when law enforcement takes a person into custody ba…
Summary of Chapter 7: Preemption and the Supremacy Clause Chapter 7 delves into the intricacies of federalism, focusing on the Supremacy Clause and the doctrine of preemption, which are foundational to understanding the …
Summary of Chapter 7: Preemption and the Supremacy Clause Chapter 7 delves into the intricacies of federalism, focusing on the Supremacy Clause and the doctrine of preemption, which are foundational to understanding the …
Key Components of Chapter 7: Pretrial Motions: Motion to Dismiss: This motion is used to challenge the legal sufficiency of the plaintiff's complaint. It can end a case early if the court agrees that the complaint do…
Chapter 7: Economic Torts. Economic torts play a vital role in protecting businesses and individuals from wrongful interference with economic relationships and misleading representations. By understanding the intricacies…
Chapter 7: Economic Torts. Economic torts play a vital role in protecting businesses and individuals from wrongful interference with economic relationships and misleading representations. By understanding the intricacies…
Summary of Chapter 5: Performance and Breach. Chapter 5 provides a comprehensive analysis of performance and breach in contract law, detailing the conditions under which contractual obligations are considered fulfilled a…
Summary of Chapter 6: Land Use Controls and Regulation. Land use controls and regulations are vital tools used by governments and private parties to manage how land is developed, maintained, and used. These regulations e…
Summary of Chapter 6: Specific Crimes Chapter 6 delves into specific crimes that encompass a wide range of unlawful activities affecting individuals, businesses, and society at large. The chapter is structured into five …
Chapter 6: Judicial Powers Chapter 6 explores the role and authority of the judicial branch of the United States government, emphasizing its critical function in interpreting the law, safeguarding the Constitution, and e…
Chapter 6: Discovery Process The discovery process is a critical phase of civil litigation, allowing parties to obtain information and evidence relevant to their claims and defenses. This chapter explores various discove…
Chapter 6: Discovery Process The discovery process is a critical phase of civil litigation, allowing parties to obtain information and evidence relevant to their claims and defenses. This chapter explores various discove…
Chapter 6: Discovery Process The discovery process is a critical phase of civil litigation, allowing parties to obtain information and evidence relevant to their claims and defenses. This chapter explores various discove…
Privacy Torts Privacy torts are civil wrongs that protect an individual's right to privacy. These torts can arise from a variety of actions, such as intrusion upon seclusion, appropriation of name or likeness, public…
Privacy Torts Privacy torts are civil wrongs that protect an individual's right to privacy. These torts can arise from a variety of actions, such as intrusion upon seclusion, appropriation of name or likeness, public…
Privacy Torts Privacy torts are civil wrongs that protect an individual's right to privacy. These torts can arise from a variety of actions, such as intrusion upon seclusion, appropriation of name or likeness, public…
Summary of Chapter 5: Performance and Breach. Chapter 5 provides a comprehensive analysis of performance and breach in contract law, detailing the conditions under which contractual obligations are considered fulfilled a…
Summary of Chapter 5: Concurrent Ownership. Chapter 5 explores the various forms of concurrent ownership, which allow two or more individuals to hold property together. It delves into the specific characteristics, legal …
Summary of Chapter 5: Concurrent Ownership Chapter 5 explores the various forms of concurrent ownership, which allow two or more individuals to hold property together. It delves into the specific characteristics, legal i…
Summary of Chapter 5: Homicide Chapter 5 provides a comprehensive overview of homicide, focusing on various types of homicide, legal defenses available to defendants, and the processes involved in the investigation and p…
Summary of Chapter 5: Executive Powers. Chapter 5 explores the expansive and significant executive powers vested in the President of the United States, encompassing presidential authority, powers as Commander-in-Chief, e…
Executive Orders and Actions. Executive orders are directives issued by the President to manage federal government operations. These orders have the force of law but do not require congressional approval. They are used f…
Summary of Chapter 5: Executive Powers. Chapter 5 explores the expansive and significant executive powers vested in the President of the United States, encompassing presidential authority, powers as Commander-in-Chief, e…
Summary of Chapter 5 Chapter 5 explores the foundational and procedural documents essential to civil litigation, focusing on the complaint, answer, joinder of parties, and additional mechanisms like intervention and inte…
Summary of Chapter 5 Chapter 5 explores the foundational and procedural documents essential to civil litigation, focusing on the complaint, answer, joinder of parties, and additional mechanisms like intervention and inte…
Chapter 5 explores the foundational and procedural documents essential to civil litigation, focusing on the complaint, answer, joinder of parties, and additional mechanisms like intervention and interpleader. These eleme…
Summary of Chapter 5: Defamation. Chapter 5 delves into the complexities of defamation law, focusing on the legal distinctions between libel and slander, the elements necessary to establish a defamation claim, and the de…
Summary of Chapter 5: Defamation. Chapter 5 delves into the complexities of defamation law, focusing on the legal distinctions between libel and slander, the elements necessary to establish a defamation claim, and the de…
Summary of Chapter 5: Defamation. Chapter 5 delves into the complexities of defamation law, focusing on the legal distinctions between libel and slander, the elements necessary to establish a defamation claim, and the de…
Summary of Chapter 5: Performance and Breach. Chapter 5 explores the critical aspects of performance and breach in contract law, detailing how contractual obligations are fulfilled and what happens when they are not. Per…
Summary of Chapter 5: Performance and Breach. Chapter 5 explores the critical aspects of performance and breach in contract law, detailing how contractual obligations are fulfilled and what happens when they are not. Per…
Summary of Chapter 4: Estates in Land. Chapter 4 delves into the various interests and rights individuals can hold in real property, distinguishing between freehold and non-freehold estates. Freehold Estates are characte…
Summary of Chapter 4: Estates in Land. Chapter 4 delves into the various interests and rights individuals can hold in real property, distinguishing between freehold and non-freehold estates. Freehold Estates are characte…
Chapter 4 delves into the various defenses to criminal liability, categorizing them into justifications, excuses, and procedural defenses. Justification defenses, such as self-defense, defense of others, and defense of p…
Summary of Chapter 4: Congressional Powers. Chapter 4 explores the essential powers granted to Congress by the Constitution, enabling it to effectively govern and address the nation's needs. These powers include the …
Summary of Chapter 4: Congressional Powers. Chapter 4 explores the essential powers granted to Congress by the Constitution, enabling it to effectively govern and address the nation's needs. These powers include the …
Summary of Chapter 4: Venue. Chapter 4 addresses the concept of venue in civil litigation, emphasizing its importance in determining the most appropriate and convenient court for hearing a case. The chapter is divided in…
Summary of Chapter 4: Venue. Chapter 4 addresses the concept of venue in civil litigation, emphasizing its importance in determining the most appropriate and convenient court for hearing a case. The chapter is divided in…
Summary of Chapter 4: Strict Liability. Chapter 4 covers the doctrine of strict liability, which holds individuals or entities liable for certain harmful activities regardless of fault or intent. This chapter focuses on …
Summary of Chapter 4: Strict Liability. Chapter 4 covers the doctrine of strict liability, which holds individuals or entities liable for certain harmful activities regardless of fault or intent. This chapter focuses on …
Summary of Chapter 4: Defenses to Contract Formation. Chapter 4 covers the defenses that can render a contract voidable or unenforceable, ensuring fairness and preventing exploitation in contractual agreements. The key d…
Summary of Chapter 4: Defenses to Contract Formation. Chapter 4 covers the defenses that can render a contract voidable or unenforceable, ensuring fairness and preventing exploitation in contractual agreements. The key d…
Summary of Chapter 3: Possession and Ownership. Chapter 3 delves into the fundamental concepts of possession and ownership in property law. It explains: Possession: Actual Possession: Involves physical control over prope…
Summary of Chapter 3: Possession and Ownership. Chapter 3 delves into the fundamental concepts of possession and ownership in property law. It explains: Possession: Actual Possession: Involves physical control over prope…
Summary of Chapter 3: Categories of Crimes. Chapter 3 provides an in-depth exploration of the various categories of crimes, emphasizing their legal definitions, elements, and consequences. Crimes are broadly classified i…
Summary of Chapter 3: Judicial Review. Chapter 3 delves into the concept of judicial review, which is the power of the courts to declare laws or executive actions unconstitutional. This principle was established in the l…
Summary of Chapter 3: Judicial Review. Chapter 3 delves into the concept of judicial review, which is the power of the courts to declare laws or executive actions unconstitutional. This principle was established in the l…
Summary of Chapter 3: Personal Jurisdiction. Chapter 3 focuses on the concept of personal jurisdiction, which is a court's authority to make legal decisions affecting the parties involved in a lawsuit. Personal juris…
Summary of Chapter 3: Personal Jurisdiction. Chapter 3 focuses on the concept of personal jurisdiction, which is a court's authority to make legal decisions affecting the parties involved in a lawsuit. Personal juris…
Summary of Chapter 3: Negligence Chapter 3 of the Tort Law Hornbook explores the fundamental concept of negligence, which occurs when an individual fails to exercise reasonable care, resulting in harm to another. The cha…
Summary of Chapter 3: Negligence Chapter 3 of the Tort Law Hornbook explores the fundamental concept of negligence, which occurs when an individual fails to exercise reasonable care, resulting in harm to another. The cha…
Criminal Law Exam Question: Sarah discovers Mark embezzling funds from their company. Sarah confronts Mark and threatens to report him. Mark offers Sarah a share of the stolen money if she remains silent. Sarah…
Welcome to "The Legal Breakdown," where we focus on law school-style questions and deliver model answers to help you excel in your studies and beyond. Each episode, we present a challenging legal question, diss…
Chapter 3: Capacity and Legality Capacity and legality are fundamental principles ensuring that parties entering into contracts are capable of understanding and adhering to the agreements they make. This chapter delves i…
Chapter 3: Capacity and Legality Capacity and legality are fundamental principles ensuring that parties entering into contracts are capable of understanding and adhering to the agreements they make. This chapter delves i…
Chapter 2: Classification of Property Real Property vs. Personal Property Property law distinguishes between real property and personal property: Real Property: Refers to land and any structures attached to it, such as …
Chapter 2: General Principles of Criminal Liability Actus Reus (The Criminal Act) Actus reus, or the "guilty act," is a fundamental component of criminal liability. It refers to the physical act or unlawful omi…
Chapter 2: The Structure of the Federal Government Separation of Powers The doctrine of separation of powers is a cornerstone of the U.S. Constitution. It divides the federal government into three distinct branches: the …
Chapter 2: The Structure of the Federal Government Separation of Powers The doctrine of separation of powers is a cornerstone of the U.S. Constitution. It divides the federal government into three distinct branches: the …
Summary of Chapter 2: Jurisdiction. Chapter 2 provides a comprehensive overview of the different types of jurisdiction that determine which court system—federal or state—can hear and decide a case. Understanding these ty…
Summary of Chapter 2: Jurisdiction. Chapter 2 provides a comprehensive overview of the different types of jurisdiction that determine which court system—federal or state—can hear and decide a case. Understanding these ty…
Summary of Chapter 2: Intentional Torts. Chapter 2 of the Tort Law Hornbook delves into the category of intentional torts, which involve deliberate actions that cause harm to others. The key intentional torts discussed i…
Summary of Chapter 2: Intentional Torts. Chapter 2 of the Tort Law Hornbook delves into the category of intentional torts, which involve deliberate actions that cause harm to others. The key intentional torts discussed i…
Chapter 2: Contract Formation Contract formation is the initial and crucial stage where parties create legally binding obligations. Key elements of contract formation: offer, acceptance, and consideration. Understanding …
Chapter 1: Introduction to Property Law Definition and Scope Property Law governs the various forms of ownership and tenancy in real property (land) and personal property (movable items). This area of law is foundational…
Summary of Chapter One: Introduction to Criminal Law. Chapter One provides a foundational overview of criminal law, explaining its purpose, sources, and key concepts. Here's a summary of the essential points covered …
Summary of Chapter 1: Introduction to Constitutional Law Chapter 1 provides a comprehensive introduction to the U.S. Constitution, laying the groundwork for understanding its pivotal role in American law and governance. …
Summary of Chapter 1: Introduction to Civil Procedure Chapter 1 provides a foundational understanding of Civil Procedure, the framework of rules and processes that govern how civil cases are handled in the courts. Here’s…
Chapter 1: Introduction to Tort Law Definition and Purpose of Tort Law Tort law is a branch of civil law that deals with wrongs or injuries caused by one party to another. The primary purpose of tort law is to provide re…
Chapter 1: Overview of Contract Law 1.1 Introduction to Contract Law Contracts Law is the backbone of legal agreements that bind parties in both personal and business transactions. At its core, a contract is a legally en…
The first year of law school is famously rigorous, often described as a "rite of passage" into the legal profession. During this year, you'll be introduced to the core subjects that form the backbone of leg…
Introduction to Constitutional Law Overview of Constitutional Law Definition and Scope Importance in the Legal System History and Development of the U.S. Constitution Historical Background and Framing The Federalist Pape…
Chapter 1: Overview of Contract Law Introduction to Contract Law Definition of a Contract Historical Context and Development Sources of Contract Law Common Law Uniform Commercial Code (UCC) Restatements International Pri…
I. Introduction to Property Law Property Law encompasses the rules and regulations that govern the various forms of ownership and tenancy in both real and personal property. It defines the rights and obligations of indiv…
I. Introduction to Property Law Property Law encompasses the rules and regulations that govern the various forms of ownership and tenancy in both real and personal property. It defines the rights and obligations of indiv…
Introduction to Torts Definition and Purpose Definition of a Tort Purpose of Tort Law (compensation, deterrence, justice) Types of Torts Intentional Torts Assault and Battery Elements of Assault (intent, apprehension, i…
I. Jurisdiction Subject Matter Jurisdiction: Determines whether a court has the authority to hear a particular type of case. For instance, federal courts have jurisdiction over federal questions and diversity jurisdictio…
Criminal Law and Procedure: An Overview I. Introduction Criminal Law and Procedure encompass the rules and statutes that define criminal acts and regulate the process by which the criminal justice system enforces the law…
The Fourteenth Amendment - Its Impact on Civil Rights and Liberties. The Fourteenth Amendment to the United States Constitution, ratified in 1868, has profoundly influenced civil rights and liberties in America. Its broa…
Chapter 4: Common Mistakes to Avoid. Creating a will is essential, but several common mistakes can undermine its effectiveness: Not Meeting Legal Requirements: Ensure your will meets all state-specific legal requirements…
The Fourteenth Amendment - Its Impact on Civil Rights and Liberties. The Fourteenth Amendment to the United States Constitution, ratified in 1868, has profoundly influenced civil rights and liberties in America. Its broa…
Summary of Week 7: Rights of Third Parties. Week 7 in the study of secured transactions focuses on the rights of third parties within the framework of the Uniform Commercial Code (UCC), specifically covering lien credito…
IP in the Digital Environment Software and Digital Media Copyright Protection: Software and digital media are primarily protected under copyright law. Software Licensing: Various licensing models, such as open-source…
Jury Selection and the Role of the Jury: Composition and Function of Juries Role in Trial Proceedings Weighing Evidence: Fact-Finding Body: Jurors are the triers of fact, responsible for evaluating the evidence presented…
Making a Will: Creating a will is a crucial step in ensuring that your assets and estate are distributed according to your wishes after your death. This guide will provide a detailed overview of the process of making a …
The President of the United States possesses substantial authority granted by the Constitution to execute essential functions within the federal government. The President's powers encompass a wide array of responsibi…
Taylor Swift’s Influence in Ticketmaster Lawsuit: The antitrust lawsuit against Live Nation and Ticketmaster, influenced by Taylor Swift’s ticketing fiasco, underscores the Sherman Act’s role in preventing monopolistic p…
Summary of Week 7: Rights of Third Parties. Week 7 in the study of secured transactions focuses on the rights of third parties within the framework of the Uniform Commercial Code (UCC), specifically covering lien credito…
Chapter 8 of the Intellectual Property Law series offers a comprehensive overview of intellectual property (IP) licensing and technology transfer, crucial mechanisms for the dissemination and commercial exploitation of i…
Jury Composition Eligibility for Jury Service: General Criteria: Jurors must be citizens of the United States, residents of the jurisdiction in which they are summoned, and at least 18 years old. They must possess suffic…
What is Small Claims Court? Let's start with the basics. Small Claims Court is a specialized court designed to handle minor civil disputes without the need for formal legal representation. It provides a simplified an…
The President of the United States possesses substantial authority granted by the Constitution to execute essential functions within the federal government. The President's powers encompass a wide array of responsibi…
Here’s a roundup of some significant U.S. legal news for the week ending May 18, 2024: Federal Reserve’s Debit Fee Plan: Banks and civil rights advocates have expressed concerns that the Federal Reserve’s plan to reduce …
I. Introduction to Financing Statements A financing statement, typically referred to as a UCC-1, is a legal document filed by a creditor to give public notice of its security interest in a debtor's personal property.…
Chapter 7 delves into the complexities of international intellectual property (IP) law, exploring the framework of international treaties and conventions, the challenges associated with cross-border enforcement, the role…
Dispute Resolution and Litigation in the Entertainment Industry Overview The entertainment industry is a hotbed for various legal disputes due to the complexity of the relationships and the value of the intellectual prop…
Family law is a branch of the legal system that deals with issues relating to family relationships, such as marriage, divorce, child custody, and adoption. Understanding the basics of family law can help individuals navi…
Rights and Protections under the Bill of Rights Overview: The first ten amendments to the Constitution, known collectively as the Bill of Rights, were adopted to address concerns about the powers of the federal governmen…
SEC proxy voting rules survive court challenge: A court ruling upheld the SEC's proxy voting rules, which require companies to disclose how shareholders voted on certain matters. DOJ forms task force to tackle health…
1. Introduction to Priority in Secured Transactions. The concept of priority in secured transactions determines how multiple claims against the same collateral are ranked. Priority affects the ability of a secured credit…
International Intellectual Property Law Chapter 7 delves into the complexities of international intellectual property (IP) law, exploring the framework of international treaties and conventions, the challenges associated…
Financing and Investment in the Entertainment Industry: Key Legal Aspects 1. Venture Capital, Private Equity, and Crowdfunding Venture Capital and Private Equity Legal Frameworks: Venture capital (VC) and private equity …
The First Amendment to the United States Constitution is a foundational element of American democracy, enshrined within the Bill of Rights. It protects several core freedoms that are crucial for a free and open society. …
Summary of Introduction to the Jury System. Chapter 1 provides a comprehensive overview of the jury system in the United States, emphasizing its historical development, constitutional underpinnings, and pivotal role in b…
Binance Founder Sentenced: Changpeng Zhao, the founder of Binance (the world’s largest cryptocurrency exchange), was sentenced to four months. This sentence followed a multiyear U.S. investigation into Binance. Binance h…
Lecture Outline for Week 4: Perfection of Security Interests I. Introduction to Perfection Purpose of Perfection: Perfection of a security interest is crucial for establishing the legal priority of a creditor over others…
Regulations and Content Guidelines: a. Broadcast Regulations: FCC The Federal Communications Commission (FCC) oversees and regulates broadcast television and radio in the United States. Rules govern areas such as indecen…
Navigating the Intersection of Intellectual Property, Publicity, and Privacy Rights In this lecture, we explore the complex landscape of rights of publicity and privacy, delving into their definitions, legal frameworks,…
Navigating interactions with law enforcement in public spaces can be challenging and stressful. Understanding the nature of these encounters—whether they are voluntary or involuntary—can significantly impact your respons…
Due Process and Equal Protection: Detailed Overview 1. Due Process Due process is a fundamental principle in American constitutional law that guarantees fair treatment through the normal judicial system, especially as a …
Harvey Weinstein, the former film mogul, had his 2020 rape conviction overturned by the New York Court of Appeals. This significant development paves the way for a new trial. Let’s delve into the details: Conviction Over…
Consumer law is a vital area of legal practice designed to protect buyers of goods and services against unfair and fraudulent practices. This blog post delves into the basics of consumer law, providing consumers with the…
Lecture Outline for Week 4: Perfection of Security Interests I. Introduction to Perfection Purpose of Perfection: Perfection of a security interest is crucial for establishing the legal priority of a creditor over others…
Trade Secrets In Chapter 4 of our Intellectual Property Law lecture series, we explored the concept of trade secrets, a crucial form of intellectual property that protects sensitive business information which can give a …
The entertainment industry is built upon a foundation of creativity, innovation, and the cultivation of unique artistic works and brands. Protecting these intellectual property (IP) assets is crucial for preserving the r…
Your Rights During Traffic Stops Traffic stops are among the most common interactions between civilians and police officers. Knowing your rights during these encounters can help protect your legal interests and potential…
1. Background and Constitutional Basis The Commerce Clause in Article I, Section 8, Clause 3 of the U.S. Constitution explicitly grants Congress the authority to regulate commerce. The clause reads: "Congress shall …
Ethical Considerations in Estate Planning Ethical considerations form the cornerstone of legal practice in estate planning. Attorneys must navigate a complex landscape of ethical challenges to ensure that they uphold the…
I. Introduction to Security Interests A security interest represents a legal right granted to creditors (secured parties) to obtain ownership or control over a debtor's personal property, referred to as collateral. T…
Fundamentals of Trademark Law Introduction to Trademark Law: In this lecture, we will explore the essentials of trademark law, an important aspect of intellectual property that protects symbols, names, and slogans used b…
The entertainment industry is a multifaceted landscape with a complex web of agreements and negotiations. Understanding the different types of agreements and effective negotiation strategies is crucial for success in thi…
Part I: Understanding At-Will Employment "At-will employment is a foundational concept in U.S. employment law. It allows either the employer or the employee to terminate employment at any time, for any reason—except…
Real Property Sales and Transfers: Real property law encompasses a wide range of topics, including land sales, leases, zoning regulations, and mortgage law, each critical to the orderly transfer and use of land. This ch…
A. Federal Estate Tax Basics The federal estate tax is a tax on the transfer of the estate of a deceased person. The tax applies to the gross estate, which includes all the decedent's assets at the time of death, suc…
Copyright law's journey begins in the early days of printing technology. The Stationers' Company in 16th century England was granted the power by the Crown to control the printing and distribution of books, osten…
Establishment of Precedent in Administrative Law In the dynamic realm of Administrative Law, the establishment of precedent through judicial decisions plays a pivotal role in shaping the development, interpretation, and …
Introduction to Legal Privileges. Legal privileges protect confidential communications within certain relationships from being disclosed in legal proceedings. Originating from the recognition of the importance of trust a…
We will begin by exploring the foundational concept of eminent domain - the government's power to take private property for public use, with the constitutional requirement to provide just compensation. We will then m…
VI. Other Estate Planning Instruments A. Powers of Attorney Definition and Purpose: A power of attorney (POA) is a legal document that grants one person (the agent) the authority to act on behalf of another person (the p…
The entertainment industry is built upon a foundation of creativity, innovation, and the cultivation of unique artistic works and brands. Protecting these intellectual property (IP) assets is crucial for preserving the r…
Copyright law protects a wide range of original works of authorship, reflecting the diverse ways human creativity manifests. Each category of work protected under copyright law encompasses a broad array of expressions: L…
Administrative adjudication is a process through which a government agency or administrative body resolves disputes and applies laws in specific cases. It involves a structured decision-making process, which may be forma…
The admissibility of expert testimony is governed by a foundational principle: it must assist the trier of fact to understand the evidence or to determine a fact in issue. This principle, rooted in both the Federal Rules…
Lease Agreements: Essentials and Types Essentials: A lease agreement is a legally binding contract between a landlord (lessor) and a tenant (lessee) that outlines the terms and conditions of rental property use. Essentia…
Interest-Based Negotiation Principles and Application: Interest-based negotiation, also known as principled negotiation, is rooted in the idea that parties can achieve mutually beneficial outcomes by focusing on their un…
Estate administration is a comprehensive process involving the management and settlement of a decedent's estate. This process can be complex, requiring a detailed understanding of legal procedures, fiduciary responsi…
Module 3: Corporations Formation and Incorporation Process Corporate Personality and Piercing the Corporate Veil Powers and Purpose of Corporations Governance Structure: Shareholders, Board of Directors, and Officers Di…
Impact of Final Rule Issuance: Wide-ranging implications affecting regulated entities, industry practices, consumer behaviors, and environmental outcomes. Impact determined by the scope of the regulatory action, targeted…
The Best Evidence Rule is a fundamental principle in the law of evidence that governs the admissibility of written documents or recordings in court. This rule is codified in the Federal Rules of Evidence (FRE) under Rule…
Rights and Obligations of Parties in Financing and Mortgages Borrower's Rights Borrowers in a mortgage agreement are afforded several rights to ensure fair treatment and transparency throughout the loan's lifecyc…
Preparation Preparation is the cornerstone of successful legal negotiation. It involves a comprehensive understanding of all aspects relevant to the negotiation, including legal precedents, contractual obligations, and t…
IV. Trusts A. Types of Trusts Trusts are versatile legal entities created to hold assets for the benefit of certain persons or entities, with a trustee managing the trust. Trusts can be categorized based on their revocab…
Module 3: Corporations Formation and Incorporation Process Corporate Personality and Piercing the Corporate Veil Powers and Purpose of Corporations Governance Structure: Shareholders, Board of Directors, and Officers Di…
RulemakingNotice-and-Comment Rulemaking under the Administrative Procedure Act (APA) A process that requires agencies to publish proposed rules, allowing the public to comment before final rules are enacted, ensuring tra…
Hearsay Defined: Out-of-court statement made outside of the current trial or hearing. Not made under oath in the current proceeding. Presented as evidence in the current trial or hearing. Used to prove the truth of the …
The Foundation: Elements of a Valid Real Estate Contract At the heart of any real estate transaction lies the contract, a binding agreement between parties to buy, sell, exchange, or otherwise transfer property. But not …
Contract formation is a fundamental concept in contract law, which is a core subject on the Bar Exam. A contract is a legally enforceable agreement between two or more parties that creates mutual obligations. The process…
Legal Foundation: The elective share varies by jurisdiction but generally represents a significant portion of the estate, often one-third to one-half. Purpose and Protection: This provision acknowledges the economic part…
Segment 1: Formation and Characteristics of General Partnerships Let's start with the basics. A general partnership is formed when two or more persons engage in a business for profit. Interestingly, this can happen w…
Rulemaking Notice-and-Comment Rulemaking under the Administrative Procedure Act (APA) A process that requires agencies to publish proposed rules, allowing the public to comment before final rules are enacted, ensuring tr…
Authentication in the Legal Framework In the legal domain, authentication plays a pivotal role. It’s the gatekeeper that ensures only genuine evidence is considered in court. Imagine a scenario where someone presents a …
Land use rights and zoning are critical components of property law and play a vital role in shaping the built environment. Land use rights define the permissible uses of a particular piece of land, while zoning regulatio…
A. Nature and Types of Wills Definition of a Will: A Will is a legal document that expresses a person's wishes regarding the distribution of their property and other matters after their death. Types of Wills: Testame…
Types of Business Entities Sole Proprietorships: Simplest form, owned by one person, personally liable for business debts. Partnerships: General partnerships (GP), limited partnerships (LP), and limited liability partner…
Introduction to Administrative Law Definition and Importance: Begin with a straightforward definition of Administrative Law as the body of law that governs the activities of administrative agencies of government. Emphas…
Welcome back, bar exam studiers! Today we’re tackling a major area of evidence that commonly appears on the bar - hearsay. Hearsay Defined. So what exactly is hearsay? Hearsay is an out-of-court statement offered to pro…
Forms of Ownership Joint Tenancy: Describe the characteristics, including the right of survivorship, which means that when one joint tenant dies, their interest in the property automatically passes to the surviving joint…
A. Importance of Estate Planning Control Over Asset Distribution: Estate planning empowers individuals to decide exactly how their assets will be distributed and to whom. Without a plan in place, the state's default …
Ethical considerations form the backbone of the legal profession, guiding attorneys in their conduct and decision-making throughout the civil litigation process. The ethical landscape attorneys navigate is complex, marke…
1. Administrative Agencies and Their Functions: Administrative agencies are independent entities established by the government to carry out specific functions and implement public policies. They play a vital role in regu…
Character Evidence Defined First - what exactly is character evidence? Character evidence is evidence that seeks to prove a person's propensity to act in a certain way. In other words, it's evidence that's us…
Let’s start with a question: Why is Real Property law a critical component of the Bar Exam? The simple answer is that Real Property touches on many aspects of our lives - from the ownership of our homes to the zoning law…
Criminal Liability Principles: Actus reus (physical act) and mens rea (mental state) are key in criminal cases. Actus reus includes deliberate actions or omissions violating legal duties. Mens rea involves evaluating the…
Key Rules and Their Application in Civil Litigation. Scope and Purpose: Ensure just, speedy, and inexpensive determination of every action. Summons: Formal commencement of a civil action; ensures proper notification of d…
Key Supreme Court Decisions Marbury v Madison (1803): Established judicial review to ensure laws comply with the Constitution. Brown v Board of Education (1954): Ruled "separate but equal" public schools uncons…
Relevance Defined. First, what exactly is relevance? Evidence is relevant if it has any tendency to make a fact that is important to the case more or less probable than it would be without the evidence. In other words, f…
Key Takeaways Constitutional Protections: The Fourth, Fifth, Sixth, and Fourteenth Amendments provide critical protections against unreasonable searches and seizures, self-incrimination, and ensure the right to a fair tr…
The Role of Police: Arrest, Search, and Seizure. Arrest Procedures: An arrest marks the beginning of formal legal proceedings against an individual. Police must have probable cause to believe a person has committed a cri…
Significance and Rules of Class Actions. Purpose: Class actions allow individual plaintiffs with common claims to band together to sue a defendant. This is particularly useful when the cost of litigating individual claim…
Constitution, focusing on their profound impact on American society and law. The Reconstruction Amendments. 13th Amendment (Abolition of Slavery). Ratified in 1865, this amendment abolished slavery and involuntary servit…
I. Introduction to Evidence A. Purpose and Importance of Evidence Law. Evidence law serves a foundational role in the legal process, ensuring that trials are conducted fairly and that decisions are based on reliable, r…
Module 8: Review and Practice. Expanding upon the summary and key takeaways of major themes and concepts in criminal procedure, we delve into the intricacies of the legal safeguards and processes that underpin the justi…
Crimes Against Public Order and Morality. Crimes against public order and morality encompass a broad category of offenses that, at their core, challenge the societal norms and regulations established to maintain a sense …
The doctrines of Res Judicata and Collateral Estoppel play pivotal roles in the judiciary system, ensuring the finality of judgments and preventing the re-litigation of cases and issues that have already been decided. Th…
War Powers and National Security. Constitutional Framework The Constitution divides war powers between Congress and the President, creating a system of shared authority designed to prevent unilateral military action. Con…
The Uniform Commercial Code (UCC) represents a critical area of law that governs commercial transactions in the United States. Its influence extends across various aspects of commerce, particularly in the sale of goods. …
Juvenile Justice: Navigating Youth in the Criminal Justice System. Foundational Differences. The juvenile justice system operates on a foundation fundamentally distinct from adult criminal procedures, emphasizing rehabil…
1. Theft, Robbery, and Burglary. Theft. Definition and Elements: Theft, often referred to as larceny, is the unlawful taking of someone else's property without their consent with the intent to permanently deprive t…
Section 7: Appeals. Appeals are a fundamental aspect of the judicial process, allowing parties to seek review of a lower court's decision by a higher court. This process is critical for correcting errors, ensuring co…
The State Action Doctrine. Essential Overview. The State Action Doctrine is central to understanding the application of constitutional protections. It holds that constitutional rights are generally only enforceable again…
1. Assignment and Delegation. Assignment of Rights. Definition: Assignment involves transferring contractual rights from one party (assignor) to another (assignee). Effectiveness: For an assignment to be effective, the a…
Appeals. Grounds for Appeal. An appeal in criminal law is a request to a higher court to review and change the decision of a lower court. The grounds for appeal can include: Legal Error: Arguing that a legal mistake was …
1. Damages. Damages are monetary compensation awarded to a party who has suffered loss or harm due to another party's breach of contract. They are intended to put the injured party in the position they would have bee…
1. Assault and Battery. Assault. Definition and Elements: Assault is an intentional act by one person that creates an apprehension in another of an imminent harmful or offensive contact. It involves an attempt or threat …
Judgment and Post-Judgment Procedures. Entry of Judgment. After the jury or judge renders a verdict, the next step is the entry of judgment. The entry of judgment is the formal process where the court records the outcome…
Substantive Due Process. Definition and Development. Substantive Due Process is the doctrine that the Due Process Clauses of the Fifth and Fourteenth Amendments do more than ensure fair procedures; they also protect cert…
1. Obligations and Discharge. In contract law, the performance of obligations and the conditions under which these obligations are discharged are central concepts. Understanding these principles is essential for assessin…
Pretrial Procedures. Arraignment. Arraignment is a critical stage in criminal proceedings, marking the formal start of a criminal case against an individual. Process of Arraignment: Reading of Charges: The defendant is…
1. Murder: First Degree, Second Degree, Felony Murder Rule. Murder is considered one of the most heinous crimes and is heavily penalized. It involves the unlawful killing of another human being and is categorized based o…
Jury Selection and the Role of the Jury Jury Selection (Voir Dire) Jury selection, or voir dire, is the process of selecting jurors who will decide the case. It involves questioning prospective jurors to uncover biases o…
Strict Scrutiny Applied to laws that affect fundamental rights or target suspect classifications (such as race or national origin), strict scrutiny is the most stringent standard. Under this review, a law is constitution…
1. The Parol Evidence Rule. The Parol Evidence Rule is a pivotal concept in contract law, dealing with the admissibility of extrinsic evidence (evidence outside the written contract) in interpreting written agreements. …
Welcome to Module 4, where we'll examine the Sixth Amendment of the United States Constitution. The Sixth Amendment is a vital component of the Bill of Rights, providing critical protections for individuals accused o…
1. Justifications: Self-Defense, Defense of Others, Defense of Property. Justifications are defenses where the defendant admits to committing the act but claims it was justified under the circumstances. These defenses ac…
Section 4: Discovery. Discovery is a critical phase in civil litigation, where parties exchange information relevant to the case. This stage is designed to eliminate surprises, clarify what the lawsuit is about, and gath…
The Bill of Rights. The Bill of Rights, the first ten amendments to the Constitution, was ratified in 1791. This addition was largely a response to calls from the Anti-Federalists, who feared that the new Constitution di…
1. Mistake. Unilateral and Mutual Mistake. A mistake can significantly impact the validity of a contract. It refers to a belief that is not in accord with existing facts. Mistakes can be categorized into two types: Unila…
Miranda Rights. Miranda v Arizona. The case of Miranda v Arizona (1966) is a cornerstone of criminal procedure law. This landmark decision led to the establishment of what are now known as Miranda rights. Key Aspects: Er…
1. Principal Actors: Principals and Accomplices. In criminal law, parties to a crime are classified based on their level of involvement in the commission of the crime. This classification is important because it determin…
Copyright law, at its core, is about protection and balance. It’s the legal framework that safeguards authors' and creators' rights while ensuring that the public can benefit from these works. As future lawyers, …
The Three Branches of Government. The Constitution establishes a tripartite system of government, each branch with its distinct functions but interdependent on the others. Legislative Branch (Congress). The legislative b…
Pleadings and Pretrial Procedures. Complaints and Answers. Pleadings are formal documents filed with the court that outline the parties' primary claims and defenses. They set the stage for the litigation and define t…
Definition of a Contract. "At its core, a contract is a legally enforceable agreement between two or more parties, with each party having specific obligations. Take, for example, buying a car. You agree to pay a cer…
Welcome to Module 2, where we delve into the intricacies of the Fourth Amendment to the United States Constitution. This amendment forms the cornerstone of privacy rights and protections against unreasonable searches and…
Actus Reus (Guilty Act). Let's begin with the concept of actus reus, or the guilty act. In criminal law, for a behavior to be considered criminal, there must first be an act or conduct that is prohibited by law. Actu…
Subject Matter Jurisdiction. Subject matter jurisdiction refers to a court's authority to hear a case based on the nature of the dispute. It's a threshold issue that determines whether a court can adjudicate a pa…
The Powers of Congress (Commerce Clause, Taxing, and Spending Powers). Commerce Clause. The Commerce Clause, found in Article I, Section 8 of the Constitution, grants Congress the power to "regulate Commerce with fo…
Third-Party Beneficiaries. Introduction to Third-Party Beneficiaries. In contract law, a third-party beneficiary is an individual or entity who benefits from a contract between two other parties but is not one of the con…
Welcome to Module 1 of our course on Criminal Procedure. In this module, we'll delve into the intricacies of the criminal justice system, its structure, and function, and the vital role the Constitution plays in shap…
DEFINITION AND PURPOSE OF CRIMINAL LAW. Criminal Law, at its core, is the body of law that deals with offenses against society. It's designed to maintain societal order and protect the rights and safety of individual…
Understanding the American Legal System. Civil Procedure is an integral part of the American legal system, a complex and dynamic framework designed to resolve disputes, uphold justice, and enforce legal rights. The syste…
Historical Background and Constitutional Convention. As we embark on this journey, it's crucial to understand the historical context in which the U.S. Constitution was conceived. In the late 18th century, the young U…
Damages: Compensatory, Consequential, and Incidental. Introduction to Damages. Damages are the primary remedy for a breached contract, aiming to compensate the non-breaching party for their losses. The types of damages i…
Introduction to Interrogations and Constitutional Foundations: Interrogations form a critical phase of criminal investigations, raising significant constitutional considerations. This section initiates the discussion by …
Understanding Real Covenants and Equitable Servitudes. Real covenants and equitable servitudes are legal mechanisms that shape the use of land and create enforceable obligations for property owners. Real Covenants. A rea…
Understanding Strict Liability. Strict liability is a legal concept that holds a party responsible for certain actions or injuries, regardless of their intent or level of care. Unlike negligence or intentional torts, str…
Federalism: An Overview. 1. Defining Federalism. Federalism is a system of government in which power is divided between a central (national) government and regional (state) governments. Each level of government has its o…
Express Warranties. Introduction to Express Warranties. Express warranties are explicit promises or representations made by a seller regarding the quality, characteristics, or performance of a product. Law students shoul…
Overview of the Fourth Amendment: The Fourth Amendment to the United States Constitution is a cornerstone of individual privacy rights within the legal system. It protects citizens from unreasonable searches and seizures…
Understanding Landlord-Tenant Relationships. Landlord-Tenant Law governs the rights and obligations of both landlords and tenants in the context of leasing real property. Whether you're a property owner seeking to le…
Exploring Intentional Torts. Intentional torts are characterized by the defendant's deliberate actions that lead to harm or injury to the plaintiff. Unlike negligence, where the focus is on the defendant's failur…
Separation of Powers: A Foundational Principle. 1. Defining Separation of Powers. The separation of powers is a fundamental principle of the U.S. Constitution that distributes governmental powers among the three branches…
Chapter 15: Contract Interpretation and Construction. In this chapter, we explore the intricate principles governing the interpretation and construction of contracts. The understanding of how contractual terms are constr…
Session 5: Foundations of Criminal Procedure and the Exclusionary Rule and Its Application. Introduction to Criminal Procedure and Constitutional Framework: Criminal procedure is the mechanism through which the legal sys…
Understanding Future Interests. Future interests in property law refer to rights that someone may have in a property but will only take effect in the future. These interests come into play after the termination of a prec…
Understanding Causation. Causation is the linchpin that connects a defendant's actions to the harm suffered by the plaintiff. It seeks to answer the fundamental question: Did the defendant's conduct cause the har…
Judicial Review: An Overview. 1. Defining Judicial Review. Judicial review is the power of the judiciary to review and, if necessary, invalidate actions of the executive and legislative branches that violate the Constitu…
Types of Contract Performance. Introduction to Contract Performance. Performance is at the core of any contractual relationship. It involves the parties fulfilling their respective duties and obligations under the contra…
Challenges to Search Warrants: Affidavits and Probable Cause. While search warrants are powerful tools, they are not immune to challenges. We'll discuss how defense attorneys may challenge the validity of search warr…
Understanding Estates in Land. Estates in land are the various levels of ownership rights one can have in real property. Let's break down some key concepts: Fee Simple Estate. The fee simple estate represents the hig…
Understanding Defenses in Tort Law. Defenses in tort cases are legal strategies and arguments used by defendants to counter claims brought against them. These defenses can vary based on the type of tort involved, the cir…
The Significance of Legislative History. 1. Exploration of Legislative History as a Source of Interpretation. Legislative history refers to the record of deliberations, debates, and documents generated during the draftin…
Chapter 13: Third-Party Rights and Assignments. In this chapter, we explore the intricate world of third-party rights and assignments in contract law. Contracts often involve more than just the parties who originally ent…
Consent Searches: Waiving Fourth Amendment Rights One exception to the warrant requirement is the consent search. When individuals voluntarily waive their Fourth Amendment rights and grant permission for a search, law en…
Overview of Property Law as a Bar Exam Subject. Property law holds a significant place in legal education and practice, particularly as a critical component of the bar exam. It's the legal framework that governs righ…
Defining Strict Liability. Strict liability is a legal doctrine that holds a party liable for certain actions or injuries regardless of their intent or level of care. Unlike negligence or intentional torts, strict liabil…
Case Law and Its Role in Constitutional Interpretation. 1. Examination of the Common Law Tradition. The common law tradition, inherited from English legal principles, forms the foundation of case law. In this tradition, …
Introduction to Monetary Damages. Monetary damages, also known as compensatory damages, are the most common remedy for breach of contract. They aim to compensate the non-breaching party for their actual losses resulting …
Introduction to the Exclusionary Rule: The Exclusionary Rule is a legal doctrine that prohibits the use of evidence obtained in violation of an individual's Fourth Amendment rights. This rule serves as a safeguard to…
Introduction to Criminal Law. Purpose and principles of criminal law. Purpose and principles of criminal law: This session introduces the fundamental principles of criminal law, emphasizing its role in defining and punis…
Defining Intentional Torts. Intentional torts are civil wrongs where the defendant intentionally commits an act that results in harm to the plaintiff. Unlike negligence, where the focus is on the defendant's failure …
Introduction to Statutory Law. Statutory law refers to laws passed by a legislative body, such as Congress, at the federal level or state legislatures. These laws address a wide range of issues, from criminal offenses an…
Introduction to Express Warranties. Express warranties are promises, affirmations, or descriptions of fact made by the seller to the buyer as part of the basis of the bargain. These warranties can be explicit statements …
Criminal procedure focuses on the rules and principles that govern how evidence is obtained and used in criminal cases. It ensures that the legal system operates fairly, protecting the rights of both the accused and the …
Duty to Clients: Zealous Advocacy and Confidentiality. Lawyers have a fundamental duty to their clients. This duty includes: Zealous Advocacy: Lawyers must provide competent and diligent representation, advancing their c…
Understanding Causation. Causation is the linchpin of tort law. It establishes the direct link between the defendant's actions and the plaintiff's injuries. In essence, it answers the question: Did the defendant&…
Amendments Beyond the Bill of Rights. 1. The Fifteenth Amendment. The Fifteenth Amendment, ratified in 1870, is a pivotal component of the post-Civil War amendments. It prohibits the denial of voting rights based on an i…
Rules of Contract Interpretation. Introduction to Contract Interpretation. Contract interpretation is a meticulous process aimed at unraveling the meaning and intent concealed within the language of a contract. It's …
Defining Hearsay: Understanding the fundamental concept of hearsay. Recognizing that hearsay involves out-of-court statements offered for the truth of the matter asserted. The Hearsay Rule: Learning the basic hearsay rul…
The Right to Appeal. The right to appeal a criminal conviction is a fundamental aspect of the justice system. It allows a convicted individual to challenge the verdict or the sentence imposed. Key points regarding the ri…
Defenses play a crucial role in the legal landscape. They are the shield that defendants wield in response to tort claims. In this episode, we'll dissect the world of defenses in Tort Law, understanding the various s…
Safeguarding Fair and Just Criminal Trials. The Sixth Amendment to the United States Constitution plays a pivotal role in ensuring that criminal defendants are afforded a fair and just trial. This amendment outlines a se…
Landmark Case: Beswick v Beswick (1968). Beswick v Beswick is an important case that illustrates the application of third-party rights and assignments. In this case, a nephew was promised certain benefits under a contrac…
Authentication of Evidence. Defining Evidence Authentication and its Significance: Authentication of evidence is a fundamental concept in the field of evidence law. It involves the process of establishing the genuineness…
Factors Influencing Sentencing Decisions. Sentencing decisions are complex and take into account various factors. While specific laws and sentencing guidelines vary by jurisdiction, here are some common factors that infl…
Understanding Strict Liability. To kick things off, let's break down the concept of strict liability in Tort Law. Strict liability is a legal doctrine that holds individuals or entities responsible for the harm they …
Documentary Evidence Defined. Defining Documentary Evidence and its Importance in Legal Proceedings: Documentary evidence constitutes a foundational component of legal proceedings, serving as a pivotal source of informat…
The Fifth Amendment: Protecting Individual Rights in the Criminal Justice System. The Fifth Amendment to the United States Constitution is a critical safeguard of individual rights in the criminal justice system. It enco…
In contract law, a third-party beneficiary is an individual or entity who benefits from a contract between two other parties but is not one of the contracting parties themselves. Understanding the concept of third-party …
Attorney-Client Privilege. Defining Attorney-Client Privilege and its Significance: The attorney-client privilege is a legal doctrine that protects confidential communications between an attorney and their client from di…
The Fourth Amendment: Protection Against Unreasonable Searches and Seizures. The Fourth Amendment to the U.S. Constitution safeguards individuals from unreasonable searches and seizures by the government. Key principles …
Intentional torts are a fascinating and critical area of Tort Law. In this episode, we'll explore what intentional torts are, delve into various types of intentional torts, understand the essential elements required …
In this session, we will explore the Fourth Amendment to the United States Constitution, a pivotal component of the Bill of Rights. The Fourth Amendment serves as a crucial safeguard against unreasonable searches and sei…
In this chapter, we will explore the various remedies available to parties in cases of breach of contract. Remedies serve to compensate the non-breaching party for their losses and aim to restore them, as much as possibl…
Today we will cover: Expert Witnesses Defined: Expert witnesses are individuals with specialized knowledge, skill, experience, training, or education in a particular field relevant to the legal case at hand. Their role i…
Welcome back, diligent legal scholars. In this session, we'll explore the fascinating and intricate world of white-collar crimes. These offenses typically involve deceit, financial misconduct, and violations of trust…
To set the stage, imagine a situation where a driver runs a red light and collides with another vehicle, causing injuries to the occupants. Causation becomes a critical element in establishing that the driver's actio…
Part 3: The Third Amendment - Limits on Quartering Soldiers in Modern Times. Welcome to the third part of Session 3, where we continue our exploration of the Bill of Rights by examining the Third Amendment. While the Thi…
Welcome back. Today we’ll cover Chapter 8: Remedies for Breach of Contract. Understanding the available remedies for breach of contract is crucial for law students to navigate contract disputes and provide effective lega…
Welcome back to our Evidence Law class! In this session, we will dive into one of the most critical and complex aspects of evidence law: the hearsay rule and its exceptions. Understanding when and how hearsay evidence ca…
Greetings, eager legal minds. Today, we delve into the fascinating world of inchoate crimes. These offenses involve criminal actions that fall short of the completed crime but still merit legal consequences. We'll be…
Welcome back to "Mastering the Bar Exam: Torts." In this episode, we'll dive into the world of damages in Tort Law, exploring the various types of damages that can be awarded in tort cases and the principle…
Welcome to the second part of Session 3, where we continue our exploration of the Bill of Rights, focusing on the Second Amendment. This amendment has been at the center of an ongoing and passionate debate over gun right…
Types of Contract Performance. Understanding the various types of contract performance is essential for law students to grasp the complexities of contract law. Contracts can be performed in several ways: a) Complete Per…
No for today’s Topics: Character Evidence Defined: Defining character evidence and its relevance in legal proceedings. Distinguishing between character evidence related to conduct and character evidence related to reputa…
The Insanity Defense: M'Naghten, Irresistible Impulse, Durham. The insanity defense is a complex and controversial area of criminal law. It asserts that the defendant should not be held criminally responsible for the…
In this episode, we'll turn our attention to defenses in Tort Law, examining the strategies and arguments that can be used to counter tort claims. Picture a scenario where a property or homeowner owner is being sued…
The Bill of Rights - Protecting Individual Liberties. Instructor: The Bill of Rights consists of the first ten amendments to the U.S. Constitution. These amendments were added shortly after the Constitution's ratifi…
Chapter 6: Writing and Formality Requirements. Statute of Frauds. The Statute of Frauds is a legal principle that requires certain types of contracts to be in writing to be enforceable. Law students should explore the St…
Welcome back to our Evidence Law class! In this session, we'll delve into the intricacies of witnesses and their testimony. Witnesses play a vital role in presenting evidence and helping establish the truth in legal …
Assault: Definitions and Elements. Sexual offenses encompass a range of acts, but two primary categories are rape and sexual assault: Rape: Rape is defined as the non-consensual sexual intercourse with another person. Ke…
Welcome back to Mastering the Bar Exam: Torts. In this episode, we'll continue our journey through Tort Law by exploring strict liability—an area that emphasizes accountability regardless of fault. Imagine a scenario…
Session 6 - Preamble and Articles of the Constitution. Part 6: Federalism - The Division of Powers Between Federal and State Governments. Welcome back to the sixth part of our session on the Preamble and Articles of the …
Chapter 5: Mutual Assent and Defenses to Contract Formation. Meeting of the Minds. The principle of mutual assent is at the core of contract formation, emphasizing that both parties must have a clear understanding and ag…
Welcome back to our Evidence Law class! In this session, we will explore the crucial concepts of relevance and admissibility in depth. These principles are essential for determining which evidence can be presented in cou…
Greetings, future legal practitioners. In our quest to master the intricacies of criminal law, we now turn our attention to theft crimes. Theft is a widespread offense that involves taking someone else's property wit…
In this episode, we'll shift our focus to intentional torts—an intriguing area that examines the consequences of deliberate Imagine a situation where someone intentionally punches another person, causing physical har…
Session 5 - Preamble and Articles of the Constitution. Part 5: The Concept of Separation of Powers and the Relationship Among the Three Branches. Welcome back to the fifth part of our session on the Preamble and Article…
Capacity of Parties to Contract. Capacity refers to the legal ability of parties to enter into a contract. Law students should delve into the various factors that affect a party's capacity to contract: a) Minors: Min…
Welcome to our Evidence Law class! In this session, we'll provide a comprehensive introduction to evidence law and its significance within the legal system. By the end of this session, you'll have a solid grasp o…
Class Session 3: Assault and Battery. Greetings, legal scholars. Today, we're delving into another fundamental aspect of criminal law: assault and battery. These terms are often used interchangeably, but they represe…
Welcome back to "Mastering the Bar Exam." In this episode, we'll delve into negligence—a key area of Tort Law that explores the concept of reasonable care and liability for failure to exercise it. Here’s an…
Welcome back to the fourth part of our session on the Preamble and Articles of the U.S. Constitution. In the previous segments, we explored the significance of the Preamble, examined each Article of the Constitution, and…
3.1 Definition and Importance of Consideration. Consideration is a fundamental concept in contract law that involves the exchange of something of value between the parties as a prerequisite for a valid contract. Law stud…
Legal separation (sometimes judicial separation, separate maintenance, divorce a mensa et thoro, or divorce from bed-and-board) is a legal process by which a married couple may formalize a de facto separation while remai…
Welcome back, eager learners. Today, we delve into a particularly weighty topic: homicide. This is a critical area of criminal law that requires a keen understanding of the different degrees of murder and manslaughter. S…
Welcome back to "Mastering the Bar Exam." In this episode, we're going to continue our exploration of Tort Law, specifically focusing on the introduction to Tort Law, its purpose in the legal system, and th…
Welcome back, everyone, to the third part of our session on the Preamble and Articles of the U.S. Constitution. In the previous segments, we analyzed the significance of the Preamble and conducted a comprehensive examina…
Contract Interpretation and Construction Once a contract is formed, its terms must be interpreted and construed to determine the parties' rights and obligations. Law students should be familiar with various principle…
In the United States, family laws and precedents as they relate to divorce, community property and alimony vary based on state law. Also, with new family models, "working couples", "working wives", &q…
Clause 4: Adjournment. Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting. …
Today marks the beginning of your journey into the intricate world of criminal law. As future legal practitioners, it's essential to grasp the foundational concepts that underpin our criminal justice system. Let'…
Episode 1: Introduction to the Bar ExamIn this session we’ll cover: Overview of the Bar Exam and its significance. Understanding the format and structure of the exam. Strategies for effective preparation. Now welcome to…
Welcome back, everyone, to the second part of our session on the Preamble and Articles of the U.S. Constitution. In the previous segment, we discussed the significance of the Preamble in setting the goals and guiding pri…
Chapter 1: Introduction to Contracts Law. Understanding the Role of Contracts in Legal Practice. Contracts are fundamental legal instruments that play a pivotal role in various aspects of legal practice. They are agreeme…
Alimony, also called aliment (Scotland), maintenance (England, Ireland, Northern Ireland, Wales, Canada, New Zealand), spousal support (U.S., Canada) and spouse maintenance (Australia), is a legal obligation on a person …
Clause 7: Judgment in cases of impeachment; Punishment on conviction. Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Tru…
Employee rights. Derivative suits. Because directors owe their duties to the corporation and not, as a general rule, to specific shareholders or stakeholders, the right to sue for breaches of directors duty rests by defa…
Introduction to the Preamble. The Preamble of the U.S. Constitution serves as an eloquent and powerful introduction to the document. It begins with the iconic words, "We the People of the United States," emphas…
A special needs trust, also known in some jurisdictions as a supplemental needs trust, is a specialized trust that allows the disabled beneficiary to enjoy the use of property that is held in the trust for his or her ben…
Today, every state plus the District of Columbia permits no-fault divorce, though requirements for obtaining a no-fault divorce vary. California was the first U.S. state to enact a no-fault divorce law. Its law was signe…
Employee rights. While investment managers tend to exercise most voting rights in corporations, bought with pension, life insurance and mutual fund money, employees also exercise voice through collective bargaining rules…
Clause 2: Classification of senators; Vacancies. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of…
Course Title and Objectives. Let's start by looking at the title of our course: "Constitutional Law: Sources and Principles." As the title suggests, we will delve into the various sources of constitutional …
An honorary trust, under the law of trusts, is a device by which a person establishes a trust for which there is neither a charitable purpose, nor a private beneficiary to enforce the trust. While such a trust would norm…
Grounds for divorce are regulations specifying the circumstances under which a person will be granted a divorce. Adultery is the most common grounds for divorce. However, there are countries that view male adultery diffe…
While investment managers tend to exercise most voting rights in corporations, bought with pension, life insurance and mutual fund money, employees also exercise voice through collective bargaining rules in labor law. In…
Clause 2: Qualifications of Members. No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall, when elected, be a…
The right of self-defense (also called, when it applies to the defense of another, alter ego defense, defense of others, defense of a third person) is the right for people to use reasonable or defensive force, for the pu…
In American estate planning parlance, an incentive trust is a trust designed to encourage or discourage certain behaviors by using distributions of trust income or principal as an incentive. A typical incentive trust mig…
Adultery (from Latin adulterium, “I change or alter one lineage for another”) is extra-marital sex partaken by a spouse, or premarital sex partaken by a betrothed person, that is considered objectionable on social, relig…
While the board of directors is generally conferred the power to manage the day-to-day affairs of a corporation, either by the statute, or by the articles of incorporation, this is always subject to limits, including the…
Article One of the United States Constitution establishes the legislative branch of the federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the House of Re…
In law, provocation is when a person is considered to have committed a criminal act partly because of a preceding set of events that might cause a reasonable individual to lose self control. This makes them less morally …
An interest in possession trust is a trust in which at least one beneficiary has the right to receive the income generated by the trust (if trust funds are invested) or the right to enjoy the trust assets for the present…
Polygyny is a significant structural factor governing divorce in countries where this is permitted. Little-to-no analysis has been completed to explicitly explain the link between marital instability and polygyny which l…
Shareholder liability for debts. One of the basic principles of modern corporate law is that people who invest in a corporation have limited liability. For example, as a general rule shareholders can only lose the money …
Key concepts in bankruptcy include the debtor's discharge and the related "fresh start". Discharge is available in some but not all cases. For example, in a Chapter 7 case only an individual debtor (not a c…
Justification is a defense in a criminal case, by which a defendant who committed the acts asserts that because what they did meets certain legal standards, they are not criminally culpable for the acts which would other…
A purpose trust is a type of trust which has no beneficiaries, but instead exists for advancing some non-charitable purpose of some kind. In most jurisdictions, such trusts are not enforceable outside of certain limited …
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus …
Incorporation and charter competition. The process of starting up a new corporation is quick, though each state differs. A corporation is not the only kind of business organization that can be chosen. People may wish to …
Avoidance actions. Debtors, or the trustees that represent them, gain the ability to reject, or avoid actions taken with respect to the debtor's property for a specified time prior to the filing of the bankruptcy. Wh…
In the United States, variances in the insanity defense between states, and in the federal court system, are attributable to differences with respect to three key issues: Availability: whether the jurisdiction allows a d…
A resulting trust is an implied trust that comes into existence by operation of law, where property is transferred to someone who pays nothing for it; and then is implied to have held the property for the benefit of anot…
A sham marriage or fake marriage is a marriage of convenience entered into without intending to create a real marital relationship. This is usually for the purpose of gaining an advantage from the marriage. Definitions o…
United States corporate law regulates the governance, finance and power of corporations in US law. Every state and territory has its own basic corporate code, while federal law creates minimum standards for trade in comp…
bankruptcy. In the United States, bankruptcy is largely governed by federal law, commonly referred to as the "Bankruptcy Code" ("Code"). The United States Constitution (Article 1, Section 8, Clause 4)…
The insanity defense, also known as the mental disorder defense, is an affirmative defense by excuse in a criminal case, arguing that the defendant is not responsible for their actions due to a psychiatric disease at the…
Presumptive resulting trusts. These are transfers made by A to B, where the law creates a rebuttable presumption of a resulting trust applying if the intention is not made clear by A. (written evidence produced). For exa…
A marriage license is a document issued, either by a religious organization or state authority, authorizing a couple to marry. The procedure for obtaining a license varies between jurisdictions, and has changed over time…
Fair dealing is a limitation and exception to the exclusive rights granted by copyright law to the author of a creative work. Fair dealing is found in many of the common law jurisdictions of the Commonwealth of Nations. …
Subrogation is the assumption by a third party (such as a second creditor or an insurance company) of another party's legal right to collect debts or damages. It is a legal doctrine whereby one person is entitled to …
In law, ignorantia juris non excusat (Latin for "ignorance of the law excuses not"), or ignorantia legis neminem excusat ("ignorance of law excuses no one"), is a legal principle holding that a person…
An express trust is a trust created "in express terms, and usually in writing, as distinguished from one inferred by the law from the conduct or dealings of the parties." Property is transferred by a person (ca…
Marriage is an institution that is historically filled with restrictions. From age, to gender, to social status, various restrictions are placed on marriage by communities, religious institutions, legal traditions and st…
The idea–expression distinction or idea–expression dichotomy is a legal doctrine in the United States that limits the scope of copyright protection by differentiating an idea from the expression or manifestation of that …
In contract law, rescission is an equitable remedy which allows a contractual party to cancel the contract. Parties may rescind if they are the victims of a vitiating factor, such as misrepresentation, mistake, duress, o…
Entrapment is a practice in which a law enforcement agent or agent of the state induces a person to commit a "crime" that the person would have otherwise been unlikely or unwilling to commit. It "is the co…
Land trust: A private, nonprofit organization that, as all or part of its mission, actively works to conserve land by undertaking or assisting in land or conservation easement acquisition, or by its stewardship of such l…
A domestic partnership is a relationship, usually between couples, who live together and share a common domestic life, but are not married (to each other or to anyone else). People in domestic partnerships receive legal …
In 2011, United States business entities incurred $29 billion in direct costs because of patent trolls. Lawsuits brought by "patent assertion companies" made up 61% of all patent cases in 2012, according to the…
The law of restitution is the law of gains-based recovery, in which a court orders the defendant to give up their gains to the claimant. It should be contrasted with the law of compensation, the law of loss-based recover…
In criminal law, diminished responsibility (or diminished capacity) is a potential defense by excuse by which defendants argue that although they broke the law, they should not be held fully criminally liable for doing s…
A trust may have multiple trustees, and these trustees are the legal owners of the trust's property, but have a fiduciary duty to beneficiaries and various duties, such as a duty of care and a duty to inform. If trus…
A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all o…
In international law and business, patent trolling or patent hoarding is a categorical or pejorative term applied to a person or company that attempts to enforce patent rights against accused infringers far beyond the pa…
An account of profits (sometimes referred to as an accounting for profits or simply an accounting) is a type of equitable remedy most commonly used in cases of breach of fiduciary duty. It is an action taken against a de…
Consent occurs when one person voluntarily agrees to the proposal or desires of another. It is a term of common speech, with specific definitions as used in such fields as the law, medicine, research, and sexual relation…
A trust is a legal relationship in which the holder of a right gives it to another person or entity who must keep and use it solely for another's benefit. In the Anglo-American common law, the party who entrusts the …
A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all o…
Brand protection is the process and set of actions that a right holder undertakes to prevent third parties from using its intellectual property without permission, as this may cause loss of revenue and, usually more impo…
A constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not p…
Sleep. The Australian Model Criminal Code Committee states the law as follows: At the minimum there needs to be some operation of the will before a physical movement is described as an act. The physical movements of a pe…
An elective share is a term used in American law relating to inheritance, which describes a proportion of an estate which the surviving spouse of the deceased may claim in place of what they were left in the decedent'…
Common-law marriage, also known as non-ceremonial marriage, sui iuris marriage, informal marriage, de facto marriage, or marriage by habit and repute, is a legal framework where a couple may be considered married without…
Those who oppose these practices argue that distribution denies the copyright holder potential sales, in the form of re-released titles, official emulation, and so on. Likewise, they argue that if people can acquire an o…
Equitable remedies are judicial remedies developed by courts of equity from about the time of Henry the 8th to provide more flexible responses to changing social conditions than was possible in precedent-based common law…
In criminal law, automatism is a rarely used criminal defense. It is one of the mental condition defenses that relate to the mental state of the defendant. Automatism can be seen variously as lack of voluntariness, lack …
Lapse and anti-lapse. Lapse and anti-lapse are complementary concepts under the US law of wills, which address the disposition of property that is willed to someone who dies before the testator (the writer of the will). …
Abuse and infidelity. University of Chicago sociologist Linda Waite found that "16 percent of cohabiting women reported that arguments with their partners became physical during the past year, while only 5 percent o…
Abandonware is a product, typically software, ignored by its owner and manufacturer, and for which no official support is available. Within an intellectual rights contextual background, abandonware is a software (or hard…
Reliance damages is the measure of compensation given to a person who suffered an economic harm for acting in reliance on a party who failed to fulfill their obligation. If the injured party could go back in time, they s…
In a civil proceeding or criminal prosecution under the common law or under statute, a defendant may raise a defense in an effort to avert civil liability or criminal conviction. A defense is put forward by a party to de…
Insane delusion is the legal term of art in the common law tradition used to describe a false conception of reality that a testator of a will adheres to against all reason and evidence to the contrary. A will made by a t…
Cohabitation is an arrangement where people who are not married, usually couples, live together. They are often involved in a romantic or sexually intimate relationship on a long-term or permanent basis. Such arrangement…
Domain names. The advent of the domain name system has led to attempts by trademark holders to enforce their rights over domain names that are similar or identical to their existing trademarks, particularly by seeking co…
Incidental damages. Incidental damages refers to the type of legal damages that are reasonably associated with, or related to, actual damages. In American commercial law, incidental damages are a seller's commerciall…
Economics. Economics can be both a tool of the internal and external subversive. For the external subversive, simply cutting off credit can cause severe economic problems for a country. An example of this is the United S…
In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (for example, a fraud victim may sue the fraud perpetrator to avoid the fraud…
The type, functions, and characteristics of marriage vary from culture to culture, and can change over time. In general there are two types: civil marriage and religious marriage, and typically marriages employ a combina…
The extent to which a trademark owner may prevent unauthorized use of trademarks that are the same as or similar to its trademark depends on various factors such as whether its trademark is registered, the similarity of …
Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and or to reform or deter the defendant and others from engaging in conduct similar to that which forme…
Subversion (from Latin subvertere 'overthrow') refers to a process by which the values and principles of a system in place are contradicted or reversed in an attempt to transform the established social order and …
Legal malpractice in estate planning. Lawsuits against estate planning attorneys have increased in recent years. Legal malpractice in trusts and estates is now considered to have the highest risk of exposure, representin…
Criticisms. There are several criticisms of class actions. The preamble to the Class Action Fairness Act stated that some abusive class actions harmed class members with legitimate claims and defendants that have acted r…
Terminology. Terms such as "mark", "brand" and "logo" are sometimes used interchangeably with "trademark". "Trademark", however, also includes any device, brand, label, n…
Constructive trust. Constructive trust is enforced in situations where the possession of a property by the defendant unjustly enriches him or her, and therefore the court decides to grant the ownership of the property to…
Sedition is overt conduct, such as speech and organization, that tends toward rebellion against the established order. Sedition often includes subversion of a constitution and incitement of discontent toward, or insurrec…
Undue influence (UI) is a psychological process by which a person's free will and judgment is supplanted by that of another. It is a legal term and the strict definition varies by jurisdiction. Generally speaking, it…
A class action, also known as a class-action lawsuit, class suit, or representative action, is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member or members of th…
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguis…
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another c…
Explanations for the 20th century increase in secessionism. According to University of California, Santa Barbara, political scientist Bridget L Coggins, there are four potential explanations in the academic literature fo…
In the common law tradition, testamentary capacity is the legal term of art used to describe a person's legal and mental ability to make or alter a valid will. This concept has also been called sound mind and memory …
A private attorney general is an informal term originating in common law jurisdictions for a private attorney who brings a lawsuit claiming it to be in the public interest, for example, benefiting the general public and …
Within the U.S., trade secrets generally encompass a company's proprietary information that is not generally known to its competitors, and which provides the company with a competitive advantage. Although trade secre…
Some jurisdictions may commit certain types of dangerous sex offenders to state-run detention facilities following the completion of their sentence if that person has a "mental abnormality" or personality disor…
Secession is the withdrawal of a group from a larger entity, especially a political entity, but also from any organization, union or military alliance. Some of the most famous and significant secessions have been: the So…
A will contest, in the law of property, is a formal objection raised against the validity of a will, based on the contention that the will does not reflect the actual intent of the testator (the party who made the will) …
Quasi-tort is a legal term that is sometimes used to describe unusual tort actions, on the basis of a legal doctrine that some legal duty exists which cannot be classified strictly as negligence in a personal duty result…
Trade secrets are a type of intellectual property that includes formulas, practices, processes, designs, instruments, patterns, or compilations of information that have inherent economic value because they are not genera…
Additional restrictions beyond public notice. Sex offenders on parole or probation in the United States are generally subject to the same restrictions as other parolees and probationers. Sex offenders who have completed …
Espionage, spying, or intelligence gathering is the act of obtaining secret or confidential information (intelligence). A person who commits espionage is called an espionage agent or spy. Any individual or spy ring (a co…
An oral will (or nuncupative will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format. A minority of U.S. …
Non-economic damages caps are tort reforms to limit (for example, "cap") damages in lawsuits for subjective, non-pecuniary harms such as pain, suffering, inconvenience, emotional distress, loss of society and c…
Trade dress is the characteristics of the visual appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers. Trade dress is an aspect of trademark law,…
A sex offender registry is a system in various countries designed to allow government authorities to keep track of the activities of sex offenders, including those who have completed their criminal sentences. Sex offende…
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spyi…
A codicil is a testamentary or supplementary document similar but not necessarily identical to a will. In some jurisdictions, it may serve to amend, rather than replace, a previously executed will. In others, it may serv…
Tort reform refers to changes in the civil justice system in common law countries that aim to reduce the ability of plaintiffs to bring tort litigation (particularly actions for negligence) or to reduce damages they can …
In copyright law, related rights (or neighboring rights) are the rights of a creative work not connected with the work's actual author. It is used in opposition to the term "authors' rights". Neighboring rights is a more…
Rehabilitation is the process of re-educating and retraining those who have committed a crime. It generally involves psychological approaches which target the cognitive distortions associated with specific kinds of crime…
Cruelty to animals, also called animal abuse, animal neglect or animal cruelty, is the infliction by omission (neglect) or by commission by humans of suffering or harm upon non-human animals. More narrowly, it can be the…
Joint wills and mutual wills are closely related terms used in the law of wills to describe two types of testamentary writing that may be executed by a married couple to ensure that their property is disposed of identica…
Trover cases in the United States. Trover is the name of the action which lay, at common law, for the recovery of damages for the conversion of personal property in his possession, usually involving chattels held in bail…
In copyright law, related rights (or neighboring rights) are the rights of a creative work not connected with the work's actual author. It is used in opposition to the term "authors' rights". Neighboring rights is a more…
Recidivism from recidive and -ism, from Latin recidivus "recurring", from re- "back" and cado "I fall") is the act of a person repeating an undesirable behavior after they have experienced negative consequences of that b…
Terrorism, in its broadest sense, is the use of intentional violence and fear to achieve political or ideological aims. The term is used in this regard primarily to refer to intentional violence during peacetime or in th…
Legislation. Such were the principal stages in the history of the law as it affected wills made before 1838 or proved before 1858. The principal Acts in force in the early twentieth century were the Wills Act 1837, the a…
Trover is a form of lawsuit in common-law countries for recovery of damages for wrongful taking of personal property. Trover belongs to a series of remedies for such wrongful taking, its distinctive feature being recover…
Plant genetic resources describe the variability within plants that comes from human and natural selection over millennia. Their intrinsic value mainly concerns agricultural crops (crop biodiversity). According to the 19…
A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, dependin…
A duel is an arranged engagement in combat between two people, with matched weapons, in accordance with agreed-upon rules. During the 17th and 18th centuries (and earlier), duels were mostly single combat fought with swo…
Legal history of wills Wills have a lengthy history. Ancient Greece. The Ancient Greek practice concerning wills was not the same in all places; some states permitted men to dispose of their estates, others wholly depriv…
Replevin or claim and delivery (sometimes called revendication) is a legal remedy, which enables a person to recover personal property taken wrongfully or unlawfully, and to obtain compensation for resulting losses. Natu…
Governing laws. The grant and enforcement of patents are governed by national laws, and also by international treaties, where those treaties have been given effect in national laws. Patents are granted by national or reg…
Compensation for wrongful conviction. Article 14(6) of the International Covenant on Civil and Political Rights (ICCPR) states that when a miscarriage of justice has occurred and the defendant's conviction has been rever…
Repeal of anti-miscegenation laws, 1948–1967. In 1948, the California Supreme Court ruled in Perez v Sharp (1948) that the California anti-miscegenation laws violated the Fourteenth Amendment to the United States Constit…
A will or testament is a legal document that expresses a person's (testator) wishes as to how their property (estate) is to be distributed after their death and as to which person (executor) is to manage the property unt…
Tracing is a legal process, not a remedy, by which a claimant demonstrates what has happened to his or her property, identifies its proceeds and those persons who have handled or received them, and asks the court to awar…
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosur…
A miscarriage of justice occurs when a grossly unfair outcome occurs in a criminal or civil proceeding, such as the conviction and punishment of a person for a crime they did not commit. Miscarriages are also known as wr…
Anti-miscegenation laws. In the United States, anti-miscegenation laws were passed by most states to prohibit interracial marriage, and in some cases also prohibit interracial sexual relations. Some such laws predate the…
Voluntary dismissal is termination of a lawsuit by voluntary request of the plaintiff (the party who originally filed the lawsuit). A voluntary dismissal with prejudice (meaning the plaintiff is permanently barred from f…
Incidental damages. Incidental damages refers to the type of legal damages that are reasonably associated with, or related to, actual damages. In American commercial law, incidental damages are a seller's commercially re…
International rights. In 1957, in France negotiations took place concerned with the protection of new varieties. This led to the creation of the Union Internationale pour la Protection des Obtentions Végétales (UPOV) and…
Exoneration occurs when the conviction for a crime is reversed, either through demonstration of innocence, a flaw in the conviction, or otherwise. Attempts to exonerate convicts are particularly controversial in death pe…
Reverse censorship. Flooding the public, often through online social networks, with false or misleading information is sometimes called "reverse censorship". American legal scholar Tim Wu has explained that this type of …
A party seeking summary judgment may refer to any evidence that would be admissible at trial, such as depositions (or deposition excerpts), party admissions, affidavits in support from witnesses, documents received durin…
Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and or to reform or deter the defendant and others from engaging in conduct similar to that which forme…
Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions. The moral rights include the right of attribution, the r…
Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term probation applies only to community sentences (alternatives to i…
Begging (also panhandling) is the practice of imploring others to grant a favor, often a gift of money, with little or no expectation of reciprocation. A person doing such is called a beggar or panhandler. Beggars may op…
In law, a summary judgment (also judgment as a matter of law or summary disposition) is a judgment entered by a court for one party and against another party summarily, for example, without a full trial. Summary judgment…
General damages. General damages are monetary compensation for the non-monetary aspects of the specific harm suffered. These damages are sometimes termed 'pain, suffering and loss of amenity'. Examples of this include ph…
Industrial design right. An industrial design right is an intellectual property right that protects the visual design of objects that are purely utilitarian. An industrial design consists of the creation of a shape, conf…
Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designa…
Perjury (also known as foreswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding. Li…
In law, a summary judgment (also judgment as a matter of law or summary disposition) is a judgment entered by a court for one party and against another party summarily, for example, without a full trial. Summary judgment…
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable l…
Tambunan Statement, February 1995. Indigenous people of Asia met at Tambunan, Sabah, East Malaysia, to assert rights of self-determination, and to express concern about, and fear of, the threat unfamiliar 'western' intel…
Indefinite imprisonment or indeterminate imprisonment is the imposition of a sentence by imprisonment with no definite period of time set during sentencing. It was imposed by certain nations in the past, before the draft…
Misprision of felony is a form of misprision, and an offense under the common law of England that is no longer active in many common law countries. Where it was or is active, it is classified as a misdemeanor. It consist…
Request for admission. A request for admission (sometimes also called a request to admit) is a set of statements sent from one litigant to an adversary, for the purpose of having the adversary admit or deny the statement…
oint and several liability. Where two or more persons are liable in respect of the same liability, in most common law legal systems they may either be: jointly liable, or severally liable, or jointly and severally liable…
Indigenous intellectual property is a term used in national and international forums to describe intellectual property that is "collectively owned" by various Indigenous peoples, and by extension, their legal rights to p…
An execution warrant (also called death warrant or black warrant) is a writ that authorizes the execution of a condemned person. An execution warrant is not to be confused with a "license to kill", which operates like an…
Compensation for wrongful conviction Article 14(6) of the International Covenant on Civil and Political Rights (ICCPR) states that when a miscarriage of justice has occurred and the defendant's conviction has been revers…
Conduct of depositions Depositions usually take place at the office of the court reporter or in the office of one of the law firms involved in a case. However, depositions are also sometimes taken at a witness's workplac…
Trespassers. The Occupiers' Liability Act 1984 (and in Scotland the Occupiers' Liability (Scotland) Act 1960) requires all owners of property to take reasonable steps to make their premises safe for anyone who enters the…
A geographical indication (GI) is a name or sign used on products which corresponds to a specific geographical location or origin (for example, a town, region, or country). The use of a geographical indication, as an ind…
A miscarriage of justice occurs when a grossly unfair outcome occurs in a criminal or civil proceeding, such as the conviction and punishment of a person for a crime they did not commit. Miscarriages are also known as wr…
Juvenile offenders. The death penalty for juvenile offenders (criminals aged under 18 years at the time of their crime although the legal or accepted definition of juvenile offender may vary from one jurisdiction to anot…
In law, interrogatories (also known as requests for further information) are a formal set of written questions propounded by one litigant and required to be answered by an adversary in order to clarify matters of fact an…
Respondeat superior (Latin: "let the master answer"; plural: respondeant superiores) is a doctrine that a party is responsible for (has vicarious liability for) acts of their agents. For example, in the United States, th…
A database right is a sui generis property right, comparable to but distinct from copyright, that exists to recognise the investment that is made in compiling a database, even when this does not involve the "creative" as…
Capital punishment, also known as the death penalty, is a state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process…
Compounding a felony was an offense under the common law of England and was classified as a misdemeanor. It consisted of a prosecutor or victim of an offense accepting anything of value under an agreement not to prosecut…
Federal law. Discovery in the United States is unique compared to other common law countries. In the United States, discovery is mostly performed by the litigating parties themselves, with relatively minimal judicial ove…
The eggshell rule (also thin skull rule, papier-mâché-plaintiff rule, or talem qualem rule) is a well-established legal doctrine in common law, used in some tort law systems, with a similar doctrine applicable to crimina…
Limitations and exceptions. In many jurisdictions, copyright law makes exceptions to these restrictions when the work is copied for the purpose of commentary or other related uses. United States copyright law does not co…
In Canada, England, and Wales, certain convicted persons may be designated as dangerous offenders and subject to a longer, or indefinite, term of imprisonment in order to protect the public. Other countries, including pa…
Vandalism is the action involving deliberate destruction of or damage to public or private property. The term includes property damage, such as graffiti and defacement directed towards any property without permission of …
Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery …
An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor (alleged wrongdoer). The term negligence, on the other hand, pertains to a tort that…
Registration. In all countries where the Berne Convention standards apply, copyright is automatic, and need not be obtained through official registration with any government office. Once an idea has been reduced to tangi…
A suspended sentence is a sentence on conviction for a criminal offense, the serving of which the court orders to be deferred in order to allow the defendant to perform a period of probation. If the defendant does not br…
Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word theft is also used as a synonym or informal short…
A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in refer…
The defense of property is a common method of justification used by defendants who argue that they should not be held liable for any loss and injury that they have caused because they were acting to protect their propert…
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary…
Mandatory sentencing requires that offenders serve a predefined term for certain crimes, commonly serious and violent offenses. Judges are bound by law; these sentences are produced through the legislature, not the judic…
Tax evasion is an illegal attempt to defeat the imposition of taxes by individuals, corporations, trusts, and others. Tax evasion often entails the deliberate misrepresentation of the taxpayer's affairs to the tax author…
In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision. It is a request to the judge (or judges) to make a decision about the case. Motions may be made at an…
The right of self-defense (also called, when it applies to the defense of another, alter ego defense, defense of others, defense of a third person) is the right for people to use reasonable or defensive force, for the pu…
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary…
In law, a sentence is the punishment for a crime ordered by a trial court after conviction in a criminal procedure, normally at the conclusion of a trial. A sentence may consist of imprisonment, a fine, or other sanction…
Smuggling is the illegal transportation of objects, substances, information or people, such as out of a house or buildings, into a prison, or across an international border, in violation of applicable laws or other regul…
Interpleader is a civil procedure device that allows a plaintiff or a defendant to initiate a lawsuit in order to compel two or more other parties to litigate a dispute. An interpleader action originates when the plainti…
A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. In most jurisdi…
"Author's rights" is a term frequently used in connection with laws about intellectual property. The term is considered as a direct translation of the French term droit d’auteur (also German Urheberrecht). It was first (…
In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. In a bench trial, the judge's decision near the end of the trial is simply referred to as a finding…
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to perma…
In law, a joinder is the joining of two or more legal issues together. Procedurally, a joinder allows multiple issues to be heard in one hearing or trial and occurs if the issues or parties involved overlap sufficiently …
Assumption of risk is a defense, specifically an affirmative defense, in the law of torts, which bars or reduces a plaintiff's right to recovery against a negligent tortfeasor if the defendant can demonstrate that the pl…
Objections to overly broad intellectual property laws. Some critics of intellectual property, such as those in the free culture movement, point at intellectual monopolies as harming health (in the case of pharmaceutical …
Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when requ…
Possession of stolen goods is a crime in which an individual has bought, been given, or acquired stolen goods. In many jurisdictions, if an individual has accepted possession of goods (or property) and knew they were sto…
In law, an answer was originally a solemn assertion in opposition to someone or something, and thus generally any counter-statement or defense, a reply to a question or response, or objection, or a correct solution of a …
Consent occurs when one person voluntarily agrees to the proposal or desires of another. It is a term of common speech, with specific definitions as used in such fields as the law, medicine, research, and sexual relation…
Financial incentive. These exclusive rights allow owners of intellectual property to benefit from the property they have created, providing a financial incentive for the creation of an investment in intellectual property…
In jurisprudence, double jeopardy is a procedural defense (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or convicti…
Pickpocketing is a form of larceny that involves the stealing of money or other valuables from the person or a victim's pocket without them noticing the theft at the time. It may involve considerable dexterity and a knac…
A demurrer is a pleading in a lawsuit that objects to or challenges a pleading filed by an opposing party. The word demur means "to object"; a demurrer is the document that makes the objection. Lawyers informally define …
Elements of delict The elements of a delict as follows: The elements of harm and conduct are fact-based inquiries, while causation is part-factual and part-normative, and wrongfulness and fault are entirely normative: th…
In criminal law, self-incrimination is the act of exposing oneself generally, by making a statement, "to an accusation or charge of crime; to involve oneself or another in a criminal prosecution or the danger there…
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known…
Payola, in the music industry, is the illegal practice of paying a commercial radio station to play a song without the station disclosing the payment. Under US law, a radio station must disclose songs they were paid to p…
Class action cases present significant ethical challenges. Defendants can hold reverse auctions and any of several parties can engage in collusive settlement discussions. Subclasses may have interests that diverge greatl…
Nuisance. "Nuisance" is traditionally used to describe an activity which is harmful or annoying to others such as indecent conduct or a rubbish heap. Nuisances either affect private individuals (private nuisance) or the …
Michael Milken. On 29 March 1989 American financier Michael Milken was indicted on 98 counts of racketeering and fraud relating to an investigation into an allegation of insider trading and other offenses. Milken was acc…
In the United States, the exclusionary rule is a legal rule, based on constitutional law, that prevents evidence collected or analyzed in violation of the defendant's constitutional rights from being used in a court of l…
Intent to steal (animus furandi). The offender must have taken the property with the intent to steal it. Traditionally intent to steal is defined as the intent to deprive the owner of the possession of the property perma…
A class action, also known as a class-action lawsuit, class suit, or representative action, is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member or members of th…
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits a tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrong…
The Racketeer Influenced and Corrupt Organizations (RICO) Act is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal org…
United States. The Sixth Amendment to the United States Constitution provides: In all criminal prosecutions, the accused shall enjoy the right…to have the Assistance of Counsel for his defense. The assistance of counsel …
Larceny is a crime involving the unlawful taking or theft of the personal property of another person or business. It was an offense under the common law of England and became an offense in jurisdictions which incorporate…
A cause of action or right of action, in law, is a set of facts sufficient to justify suing to obtain money or property, or to justify the enforcement of a legal right against another party. The term also refers to the l…
Tortious interference, also known as intentional interference with contractual relations, in the common law of torts, occurs when one person intentionally damages someone else's contractual or business relationships with…
A flat tax (short for flat-rate tax) is a tax with a single rate on the taxable amount, after accounting for any deductions or exemptions from the tax base. It is not necessarily a fully proportional tax. Implementations…
United States. The availability of a trial by jury in American jurisdictions varies. Because the United States legal system separated from that of the English one at the time of the American Revolution, the types of proc…
Copyright infringement. Copyright infringement is reproducing, distributing, displaying or performing a work, or to make derivative works, without permission from the copyright holder, which is typically a publisher or o…
In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons that the filing party or parties (the plaintiffs) believes are sufficient to support a claim against the party or p…
In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (for example, a fraud victim may sue the fraud perpetrator to avoid the fraud…
Land value taxation (for example, property tax applied only to the unimproved value of land) has a long history in the United States dating back from Physiocratic influence on Thomas Jefferson and Benjamin Franklin. It i…
A jury trial, or trial by jury, is a lawful proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions. Jury trials are…
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known…
In law as practiced in countries that follow the English models, a pleading is a formal written statement of a party's claims or defenses to another party's claims in a civil action. The parties' pleadings in a case defi…
Insurance bad faith is a tort unique to the law of the United States (but with parallels elsewhere, particularly Canada) that an insurance company commits by violating the "implied covenant of good faith and fair dealing…
The United States federal state and local tax (SALT) deduction is an itemized deduction that allows taxpayers to deduct certain taxes paid to state and local governments from their adjusted gross income. The Tax Cuts and…
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is …
Gambling (also known as betting or gaming) is the wagering of something of value ("the stakes") on an event with an uncertain outcome with the intent of winning something else of value. Gambling thus requires three eleme…
Criminal venue. The perceived abuse of English criminal venue law was one of the enumerated grievances in the United States Declaration of Independence, which accused George III of the United Kingdom of "transporting us …
Restraints of trade is a common law doctrine relating to the enforceability of contractual restrictions on freedom to conduct business. It is a precursor of modern competition law. In an old leading case of Mitchel v Rey…
Internet transactions. Through the Internet's history, purchases made over the Internet within the United States have generally been exempt from sales tax, as courts have followed the Supreme Court ruling from Quill Corp…
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial eithe…
In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (for example, a fraud victim may sue the fraud perpetrator to avoid the fraud…
In personam is a Latin phrase meaning "against a particular person". In a lawsuit in which the case is against a specific individual, that person must be served with a summons and complaint (E&W known as Particulars …
Insurance bad faith is a tort unique to the law of the United States (but with parallels elsewhere, particularly Canada) that an insurance company commits by violating the "implied covenant of good faith and fair dealing…
Missouri imposes a sales tax upon all sales of tangible personal property, as well as some "taxable services"; it also charges a use tax for the "privilege of storing, using or consuming within this state any article of …
In conflict of laws, the term lex loci (Latin for "the law of the place") is a shorthand version of the choice of law rules that determine the lex causae (the laws chosen to decide a case). General principles. When a cas…
In criminal law, property is obtained by false pretenses when the acquisition results from intentional misrepresentation of a past or existing fact. Elements. The elements of false pretenses are: a false representation, …
Personal jurisdiction is a court's jurisdiction over the parties, as determined by the facts in evidence, which bind the parties to a lawsuit, as opposed to subject-matter jurisdiction, which is jurisdiction over the law…
Economic torts, which are also called business torts, are torts that provide the common law rules on liability which arise out of business transactions such as interference with economic or business relationships and are…
By jurisdiction. Sales tax rates and what is taxed vary by jurisdiction. The following table compares taxes on selected classes of goods in the states. Significant other differences apply. Following the table is abbrevia…
Nemo dat quod non habet, literally meaning "no one can give what they do not have", is a legal rule, sometimes called the nemo dat rule, that states that the purchase of a possession from someone who has no ownership rig…
Extortion is the practice of obtaining benefit through coercion. In most jurisdictions it is likely to constitute a criminal offense; the bulk of this article deals with such cases. Robbery is the simplest and most commo…
Amount in controversy (sometimes called jurisdictional amount) is a term used in civil procedure to denote the amount at stake in a lawsuit, in particular in connection with a requirement that persons seeking to bring a …
Nuisance is a common law tort. It means that which causes offense, annoyance, trouble or injury. A nuisance can be either public (also "common") or private. A public nuisance was defined by English scholar Sir James Fitz…
Sales taxes in the United States are taxes placed on the sale or lease of goods and services in the United States. Sales tax is governed at the state level and no national general sales tax exists. 45 states, the Distric…
Lateral and subjacent support, in the law of property, describes the right a landowner has to have that land physically supported in its natural state by both adjoining land and underground structures. If a neighbor's ex…
Embezzlement is the act of withholding assets for the purpose of conversion of such assets, by one or more persons to whom the assets were entrusted, either to be held or to be used for specific purposes. Embezzlement is…
Subject-matter jurisdiction (also called jurisdiction ratione materiae) is the authority of a court to hear cases of a particular type of cases relating to a specific subject matter. For instance, bankruptcy court only h…
An ultrahazardous activity in the common law of torts is one that is so inherently dangerous that a person engaged in such an activity can be held strictly liable for injuries caused to another person, even if the person…
Exemptions and incentives. Taxing jurisdictions provide a wide variety of methods a property owner may use to reduce tax. Nearly all jurisdictions provide a homestead exemption reducing the taxable value, and thus tax, o…
Prior appropriation adoptions. Alaska, Arizona, California, Colorado, Hawaii, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, Wyoming all use t…
Burglary, also called breaking and entering and sometimes housebreaking, is the act of entering a building or other areas without permission, with the intention of committing a criminal offence. Usually that offence is t…
Civil procedure doctrines are rules developed by case law as opposed to being set down in codes or legislation, which, together with court rules and codes, define the steps that a person involved in a civil lawsuit can (…
Types of liability. Section 2 of the Restatement Third.) of Torts: Products Liability distinguishes between three major types of product liability claims: Manufacturing defect, Design defect, and, Failure to warn (also k…
Most local governments in the United States impose a property tax, also known as a millage rate, as a principal source of revenue. This tax may be imposed on real estate or personal property. The tax is nearly always com…
Water right in water law refers to the right of a user to use water from a water source, for example, a river, stream, pond or source of groundwater. In areas with plentiful water and few users, such systems are generall…
Bribery is the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official, or other person, in charge of a public or legal duty. With regard to governmental operations, essent…
Title V – Discovery. Rules 26 to 37. Title V covers the rules of discovery. Modern civil litigation is based upon the idea that the parties should not be subject to surprises at trial. Discovery is the process whereby ci…
Types of liability. Section 2 of the Restatement Third.) of Torts: Products Liability distinguishes between three major types of product liability claims: Manufacturing defect, Design defect, and, Failure to warn (also k…
Apportionment. The courts have held that the requirement for fair apportionment may be met by apportioning between jurisdictions all business income of a corporation based on a formula using the particular corporation's …
Mineral rights are property rights to exploit an area for the minerals it harbors. Mineral rights can be separate from property ownership. Mineral rights can refer to sedentary minerals that do not move below the Earth's…
Bribery is the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official, or other person, in charge of a public or legal duty. With regard to governmental operations, essent…
The Federal Rules of Civil Procedure (FRCP) govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United Sta…
Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. Although t…
States with local income taxes in addition to state-level income tax. The following states have local income taxes. These are generally imposed at a flat rate and tend to apply to a limited set of income items. Alabama: …
Property rights have developed over ancient and modern history, from Abrahamic law to today's Universal Declaration of Human Rights article 17. Property rights can be understood as constructs in economics for determining…
Arson is the crime of willfully and deliberately setting fire to or charring property. Though the act typically involves buildings, the term can also refer to the intentional burning of other things, such as motor vehicl…
Civil procedure in the United States consists of rules that govern civil actions in the federal, state, and territorial court systems, and is distinct from the rules that govern criminal actions. Like much of American la…
Tort law. In tort law, strict liability is the imposition of liability on a party without a finding of fault (such as negligence or tortious intent). The claimant need only prove that the tort occurred, and that the defe…
In addition to federal income tax collected by the United States, most individual U.S. states collect a state income tax. Some local governments also impose an income tax, often based on state income tax calculations. Fo…
A partition is a term used in the law of real property to describe an act, by a court order or otherwise, to divide up a concurrent estate into separate portions representing the proportionate interests of the owners of …
Indecent exposure is the deliberate public exposure by a person of a portion of their body in a manner contrary to local standards of appropriate behavior. Laws and social attitudes regarding indecent exposure vary signi…
The Hague Conference on Private International Law (HCCH) is an intergovernmental organization in the area of private international law (also known as conflict of laws), that administers several international conventions,…
The attractive nuisance doctrine applies to the law of torts in some jurisdictions. It states that a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by an object on t…
Alternative tax bases (AMT, states). An alternative minimum tax (AMT) is imposed at the federal level on a somewhat modified version of taxable income. The tax applies to individuals and corporations. The tax base is adj…
A fixture, as a legal concept, means any physical property that is permanently attached (fixed) to real property (usually land). Property not affixed to real property is considered chattel property. Fixtures are treated …
An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin obscēnus, obscaenus, "boding ill; disgusting; indecent", of uncertain etymology. The word can be…
In private international law, the public policy doctrine or ordre public ("public order") concerns the body of principles that underpin the operation of legal systems in each state. This addresses the social, moral and e…
In the USA, the rescue doctrine of the law of torts holds that if a tortfeasor creates a circumstance that places the tort victim in danger, the tortfeasor is liable not only for the harm caused to the victim, but also t…
Income tax. Taxes based on income are imposed at the federal, most state, and some local levels within the United States. The tax systems within each jurisdiction may define taxable income separately. Many states refer t…
An equitable servitude is a term used in the law of real property to describe a nonpossessory interest in land that operates much like a covenant running with the land. In England and Wales the term is defunct and in Sco…
Fornication is generally consensual sexual intercourse between two people not married to each other. When one or more of the partners having consensual sexual intercourse is married to another person, it is called adulte…
Conflict of laws in the United States is the field of procedural law dealing with choice of law rules when a legal action implicates the substantive laws of more than one jurisdiction and a court must determine which law…
Restitutio ad integrum, or restitutio in integrum, is a Latin term that means "restoration to original condition". It is one of the primary guiding principles behind the awarding of damages in common law negligence claim…
The United States of America has separate federal, state, and local governments with taxes imposed at each of these levels. Taxes are levied on income, payroll, property, sales, capital gains, dividends, imports, estates…
Easement by prescription: Easements by prescription, also called prescriptive easements, are implied easements granted after the dominant estate has used the property in a hostile, continuous and open manner for a statut…
Adultery (from Latin adulterium) is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, re…
Choice of law is a procedural stage in the litigation of a case involving the conflict of laws when it is necessary to reconcile the differences between the laws of different legal jurisdictions, such as sovereign states…
Res ipsa loquitur (Latin: "the thing speaks for itself") is a doctrine in the Anglo-American common law and Roman-Dutch law that says in a tort or civil lawsuit a court can infer negligence from the very nature of an acc…
Undermining Reconstruction state governments. After the American Civil War, the United States government established Reconstruction era governments in the states of the former Confederacy that included black and carpetba…
An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". A…
Sex and the law deals with the regulation by law of human sexual activity. Sex laws vary from one place or jurisdiction to another, and have varied over time, and unlawful sexual acts are also called sex crimes. Some law…
In conflict of laws, renvoi (from the French, meaning "send back" or "to return unopened") is a subset of the choice of law rules and it may be applied whenever a forum court is directed to consider the law of another st…
In law and insurance, a proximate cause is an event sufficiently related to an injury that the courts deem the event to be the cause of that injury. There are two types of causation in the law: cause-in-fact, and proxima…
Tax resistance in the United States has been practiced at least since colonial times, and has played important parts in American history. Tax resistance is the refusal to pay a tax, usually by means that bypass establish…
Nomenclature. Throughout the world, there are a large number of different types and sub-divisions of liens. Not all of the following liens exist in all legal systems that recognise the concept of a lien. The following ar…
Types of stalkers. Psychologists often group individuals who stalk into two categories: psychotic and nonpsychotic. Some stalkers may have pre-existing psychotic disorders such as delusional disorder, schizoaffective dis…
Characterization, in conflict of laws, is the second stage of the procedure to resolve a lawsuit that involves foreign law. The process is described in English law as Characterisation, or classification within the Englis…
Personal circumstances. The legal fiction of the reasonable person is an ideal, as nobody is perfect. Everyone has limitations, so the standard requires only that people act similarly to how "a reasonable person under th…
Whistleblower program. In addition to the methods of proof the IRS has developed, the Tax Relief and Health Care Act of 2006 created the IRS Whistleblower Office, which allows anonymous whistle blowers to receive 15 to 3…
A nonpossessory interest in land is a term of the law of property to describe any of a category of rights held by one person to use land that is in the possession of another. Such rights can generally be created in one o…
Stalking is unwanted and/or repeated surveillance by an individual or group toward another person. Stalking behaviors are interrelated to harassment and intimidation and may include following the victim in person or moni…
Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. This body of law…
In law, a reasonable person, reasonable man, or the man on the Clapham omnibus, is a hypothetical person of legal fiction crafted by the courts and communicated through case law and jury instructions. Strictly according …
Under the federal law of the United States of America, tax evasion or tax fraud, is the purposeful illegal attempt of a taxpayer to evade assessment or payment of a tax imposed by Federal law. Conviction of tax evasion m…
The Rule in Shelley's Case is a rule of law that may apply to certain future interests in real property and trusts created in common law jurisdictions. It was applied as early as 1366 in The Provost of Beverly's Case but…
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by putting the victim in fear. According to common law, robbery is defined as taking the property of another, with the …
In laws of equity, unjust enrichment occurs when one person is enriched at the expense of another in circumstances that the law sees as unjust. Where an individual is unjustly enriched, the law imposes an obligation upon…
In tort law, the standard of care is the only degree of prudence and caution required of an individual who is under a duty of care. The requirements of the standard are closely dependent on circumstances. Whether the sta…
Treatment by the Internal Revenue Service. Prior to the Internal Revenue Service Restructuring and Reform Act of 1998 (the "1998 Act"), the Internal Revenue Service had defined a tax-protester scheme as "any scheme witho…
The rule against perpetuities is a legal rule in the Anglo-American common law that prevents people from using legal instruments (usually a deed or a will) to exert control over the ownership of private property for a ti…
Privacy laws in different countries. Privacy laws apply to both public and private sector actors. United States. The Constitution of the United States and United States Bill of Rights do not explicitly include a right to…
Quantum meruit is a Latin phrase meaning "what one has earned". In the context of contract law, it means something along the lines of "reasonable value of services". In the United States, the elements of quantum meruit a…
In the law of tort, property, and criminal law a trespasser is a person who commits the act of trespassing on a property, that is, without the permission of the owner. Being present on land as a trespasser thereto create…
A tax protester is someone who refuses to pay a tax claiming that the tax laws are unconstitutional or otherwise invalid. Tax protesters are different from tax resisters, who refuse to pay taxes as a protest against a go…
n property law and real estate, a future interest is a legal right to property ownership that does not include the right to present possession or enjoyment of the property. Future interests are created on the formation o…
The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to priv…
United States. Equitable estoppel. Equitable estoppel is the American counterpart to estoppel by representation. Its elements are summarized as: Facts misrepresented or concealed, Knowledge of true facts, Fraudulent inte…
In tort law, a duty of care is a legal obligation which is imposed on an individual, requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first elem…
The United States Tax Court (in case citations, T.C.) is a federal trial court of record established by Congress under Article I of the U.S. Constitution, section 8 of which provides (in part) that the Congress has the p…
Equitable conversion is a doctrine of the law of real property under which a purchaser of real property becomes the equitable owner of title to the property at the time he/she signs a contract binding him/her to purchase…
Negligent homicide is a criminal charge brought against a person who, through criminal negligence, allows another person to die. Examples include the crash of Aeroperu Flight 603 near Lima, Peru. The accident was caused …
Estoppel is a judicial device in common law legal systems whereby a court may prevent or "estop" a person from making assertions or from going back on his or her word; the person being sanctioned is "estopped". Estoppel …
Legal malpractice is the term for negligence, breach of fiduciary duty, or breach of contract by a lawyer during the provision of legal services that causes harm to a client. Examples. A common example of legal malpracti…
In law, standing or locus standi is a condition that a party seeking a legal remedy must show they have, by demonstrating to the court, sufficient connection to and harm from the law or action challenged to support that …
Mortgages in the United States. The Three Theories of Mortgages. There are three legal theories pertaining to mortgages: Title Theory, Lien Theory, and Intermediate Theory. These three theories pertain particularly to th…
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when an offender kills (regardless of intent to kill) in the commission of a dangerous or enumerated crime…
Penal damages are liquidated damages which exceed reasonable compensatory damages, making them invalid under common law. While liquidated damage clauses set a pre-agreed value on the expected loss to one party if the oth…
Negligent entrustment is a cause of action in United States tort law which arises where one party ("the entrustor") is held liable for negligence because they negligently provided another party ("the entrustee") with a d…
Uniformity Clause. The final phrase of the Taxing and Spending Clause stipulates: but all Duties, Imposts and Excises shall be uniform throughout the United States. Here, the requirement is that taxes must be geographica…
A mortgage is a legal instrument of the common law which is used to create a security interest in real property held by a lender as a security for a debt, usually a mortgage loan. The corresponding term in civil law juri…
Victim. All jurisdictions require that the victim be a natural person; that is, a human being who was still alive before being murdered. In other words, under the law one cannot murder a corpse, a corporation, a non-huma…
Liquidated damages, also referred to as liquidated and ascertained damages (LADs), are damages whose amount the parties designate during the formation of a contract for the injured party to collect as compensation upon a…
The tort of negligent infliction of emotional distress (NIED) is a controversial cause of action, which is available in nearly all U.S. states but is severely constrained and limited in the majority of them. The underlyi…
General Welfare Clause to pay the Debts and provide for the common Defense and general Welfare of the United States; Of all the limitations upon the power to tax and spend, the General Welfare Clause appears to have achi…
Property Deeds registration is a land management system whereby all important instruments which relate to the common law title to parcels of land are registered on a government-maintained register, to facilitate the tran…
Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. This state of mind may, depending upon the jurisdiction, d…
Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract. It is typically available …
Negligence (Latin, negligentia) is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as negligence involves harm caused by fa…
The Taxing and Spending Clause (which contains provisions known as the General Welfare Clause and the Uniformity Clause), Article 1, Section 8, Clause 1 of the United States Constitution, grants the federal government of…
Torrens title is a land registration and land transfer system, in which a state creates and maintains a register of land holdings, which serves as the conclusive evidence (termed "indefeasibility") of title of the person…
Corporate manslaughter is a crime in several jurisdictions, including England and Wales and Hong Kong. It enables a corporation to be punished and censured for culpable conduct that leads to a person's death. This extend…
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another c…
Breach of promise is a common law tort, abolished in many jurisdictions. It was also called breach of contract to marry, and the remedy awarded was known as heart balm. From at least the Middle Ages until the early 20th …
Development of the modern income tax. Congress re-adopted the income tax in 1913, levying a 1% tax on net personal incomes above $3,000, with a 6% surtax on incomes above $500,000. By 1918, the top rate of the income tax…
In law, conveyancing is the transfer of legal title to (of) real property from one person to another, or the granting of an encumbrance such as a mortgage or a lien. A typical conveyancing transaction has two major phase…
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawma…
In legal theory, particularly in law and economics, efficient breach is a voluntary breach of contract and payment of damages by a party who concludes that they would incur greater economic loss by performing under the c…
The tort of seduction was a civil wrong or tort in common law legal systems, and still exists in some jurisdictions. Originally, it allowed an unmarried woman's father - or other person employing her services - to sue fo…
The history of taxation in the United States begins with the colonial protest against British taxation policy in the 1760s, leading to the American Revolution. The independent nation collected taxes on imports ("tariffs"…
Real estate is property consisting of land and the buildings on it, along with its natural resources such as crops, minerals or water; immovable property of this nature; an interest vested in this (also) an item of real …
Intimidation (also called cowing) is intentional behavior that would cause a person of reasonable apprehension to fear injury or harm. It is not necessary to prove that the behavior caused the victim to experience terror…
Fundamental breach of contract, is a controversial concept within the common law of contract. The doctrine was, in particular, nurtured by Lord Denning, Master of the Rolls from 1962 to 1982, but it did not find favor wi…
At common law, criminal conversation, often abbreviated as crim. con., is a tort arising from adultery. "Conversation" is an old euphemism for sexual intercourse that is obsolete except as part of this term. It is simila…
Variants for Form 1099. As of 2020, several versions of Form 1099 are used, depending on the nature of the income transaction: 1099-A: Acquisition or Abandonment of Secured Property. 1099-B: Proceeds from Broker and Bart…
Property law in the United States is the area of law that governs the various forms of ownership in real property (land and buildings) and personal property, including intangible property such as intellectual property. P…
Homicide is an act of a person killing another person. A homicide requires only a volitional act that causes the death of another, and thus a homicide may result from accidental, reckless, or negligent acts even if there…
The doctrine of deviation is a particular aspect of contracts of carriage of goods by sea. A deviation is a departure from the "agreed route" or the "usual route", and it can amount to a serious breach of contract. The c…
Malicious prosecution is a common law intentional tort. Like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a lega…
The Form 1040NR, U.S. Nonresident Alien Income Tax Return, and its shorter version Form 1040NR-EZ, U.S. Income Tax Return for Certain Nonresident Aliens With No Dependents, are used by nonresident aliens who have U.S. so…
A condominium (or condo for short) is a building structure divided into several units that are each separately owned, surrounded by common areas that are jointly owned. Residential condominiums are frequently constructed…
Harassment covers a wide range of behaviors of an offensive nature. It is commonly understood as behavior that demeans, humiliates or embarrasses a person, and it is characteristically identified by its unlikelihood in t…
Cover is a term used in the law of contracts to describe a remedy available to a buyer who has received an anticipatory repudiation of a contract for the receipt of goods. Under the Uniform Commercial Code, the buyer is …
Intrusion on seclusion is one of the four privacy torts created under U.S. common law. Intrusion on seclusion is commonly thought to be the bread-and-butter claim for an "invasion of privacy". Seclusion is defined as the…
Internal Revenue Service (IRS) tax forms are forms used for taxpayers and tax-exempt organizations to report financial information to the Internal Revenue Service of the United States. They are used to report income, cal…
A condominium (or condo for short) is a building structure divided into several units that are each separately owned, surrounded by common areas that are jointly owned. Residential condominiums are frequently constructed…
False imprisonment or unlawful imprisonment occurs when a person intentionally restricts another person’s movement within any area without legal authority, justification, or the restrained person's permission. Actual phy…
Types of breach. Contracts often use wording other than repudiatory breach to describe a type of breach of contract. These contractual terms include material breach, fundamental breach, substantial breach, serious breach…
Overview. There are two types of expectations of privacy: Subjective expectation of privacy: a certain individual's opinion that a certain location or situation is private; varies greatly from person to person. Objective…
Tax collection statistics. Collections before refunds by type of return, fiscal year 2010. Individual income tax (49.9%). Employment taxes (35.3%). Corporate income taxes (11.9%). &nbs…
A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord. Although a tenant does hold ri…
In criminal law, criminal negligence is a surrogate mens rea (Latin for "guilty mind") required to constitute a conventional as opposed to strict liability offense. It is not, strictly speaking, a mens rea because it ref…
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interfere…
Expectation of privacy is a legal test which is crucial in defining the scope of the applicability of the privacy protections of the Fourth Amendment to the United States Constitution. It is related to, but is not the sa…
History of the IRS name. As early as the year 1918, the Bureau of Internal Revenue began using the name "Internal Revenue Service" on at least one tax form. In 1953, the name change to the "Internal Revenue Service" was …
In property law, a concurrent estate or co-tenancy is any of various ways in which property is owned by more than one person at a time. If more than one person owns the same property, they are commonly referred to as co-…
Battery is a criminal offense involving unlawful physical contact, distinct from assault which is the act of creating apprehension of such contact. Battery is a specific common law offense, although the term is used more…
A third-party beneficiary, in the law of contracts, is a person who may have the right to sue on a contract, despite not having originally been an active party to the contract. This right, known as a ius quaesitum tertio…
In US law, false light is a tort concerning privacy that is similar to the tort of defamation. The privacy laws in the United States include a non-public person's right to protection from publicity which puts the person …
The Internal Revenue Service (IRS) is the revenue service for the United States federal government, which is responsible for collecting taxes and administering the Internal Revenue Code, the main body of the federal stat…
In property law and real estate, a future interest is a legal right to property ownership that does not include the right to present possession or enjoyment of the property. Future interests are created on the formation …
An assault is the act of inflicting physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, theref…
In contract law and administrative law, delegation (Latin intercessio) is the act of giving another person the responsibility of carrying out the performance agreed to in a contract. Three parties are concerned with this…
Internationally. Article 17 of the United Nations International Covenant on Civil and Political Rights states 1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspon…
Some aliens on temporary work assignment. When a person temporarily works outside their country of origin, the person may be covered under two different countries' social security programs for the same work. In order to …
In English common law, fee tail or entail is a form of trust established by deed or settlement which restricts the sale or inheritance of an estate in real property and prevents the property from being sold, devised by w…
In criminal law, the term offense against the person or crime against the person usually refers to a crime which is committed by direct physical harm or force being applied to another person. They are usually analyzed by…
An assignment is a legal term used in the context of the law of contract and of property. In both instances, assignment is the process whereby a person, the assignor, transfers rights or benefits to another, the assignee…
Defenses. Even if a statement is defamatory, there are circumstances in which such statements are permissible in law. Truth. Proving adverse public character statements to be true is often the best defense against a pros…
The Federal Insurance Contributions Act (FICA) is a United States federal payroll (or employment) contribution directed towards both employees and employers to fund Social Security and Medicare—federal programs that prov…
In English law, a fee simple or fee simple absolute is an estate in land, a form of freehold ownership. A "fee" is a vested, inheritable, present possessory interest in land. A "fee simple" refers to a subcategory of suc…
In criminal law, incitement is the encouragement of another person to commit a crime. Depending on the jurisdiction, some or all types of incitement may be illegal. Where illegal, it is known as an inchoate offense, wher…
The doctrine of privity of contract is a common law principle which provides that a contract cannot confer rights or impose obligations upon any person who is not a party to the contract. The premise is that only p…
Defamation (also known as calumny, vilification, libel, slander, or traducement) is the oral or written communication of a false statement about another that unjustly harms their reputation and usually constitutes a tort…
Modern interpretation of the power to tax incomes. The modern interpretation of the Sixteenth Amendment taxation power can be found in Commissioner v Glenshaw Glass Company (1955). In that case, a taxpayer had received a…
Allodial title constitutes ownership of real property (land, buildings, and fixtures) that is independent of any superior landlord. Allodial title is related to the concept of land held "in allodium", or land ownership b…
In criminal law, a conspiracy is an agreement between two or more persons to commit a crime at some time in the future. Criminal law in some countries or for some conspiracies may require that at least one overt act be u…
Unconscionability is a doctrine in contract law that describes terms that are so extremely unjust, or overwhelmingly one-sided in favor of the party who has the superior bargaining power, that they are contrary to good c…
A dignitary tort is a type of intentional tort where the cause of action is being subjected to certain kinds of indignities. Historically, this category of torts was often covered by the writ of trespass vi et armis. His…
History. Constitutional. Article 1, Section 8, Clause 1 of the United States Constitution (the "Taxing and Spending Clause"), specifies Congress's power to impose "Taxes, Duties, Imposts and Excises", but Article 1, Sect…
In property law, alienation is the voluntary act of an owner of some property to dispose of the property, while alienability, or being alienable, is the capacity for a piece of property or a property right to be sold or …
An attempt to commit a crime occurs if a criminal has an intent to commit a crime and takes a substantial step toward completing the crime, but for reasons not intended by the criminal, the final resulting crime does not…
The doctrine of impracticability in the common law of contracts excuses performance of a duty, where the said duty has become unfeasibly difficult or expensive for the party who was to perform. Impracticability is simila…
Trover cases in the United States. Trover is the name of the action which lay, at common law, for the recovery of damages for the conversion of personal property in his possession, usually involving chattels held in bail…
Tax collection and examinations Tax returns Individuals (with income above a minimum level), corporations, partnerships, estates, and trusts must file annual reports, called tax returns, with federal and appropriate stat…
A license is an official permission or permit to do, use, or own something (as well as the document of that permission or permit). A license is granted by a party (licensor) to another party (licensee) as an element of a…
An inchoate offense, preliminary crime, inchoate crime or incomplete crime is a crime of preparing for or seeking to commit another crime. The most common example of an inchoate offense is "attempt". "Inchoate offense" h…
In contract law, impossibility is an excuse for the nonperformance of duties under a contract, based on a change in circumstances (or the discovery of preexisting circumstances), the nonoccurrence of which was an underly…
Trover (/ˈtroʊvər/) is a form of lawsuit in common-law countries for recovery of damages for wrongful taking of personal property. Trover belongs to a series of remedies for such wrongful taking, its distinctive feature …
Taxable income. Income tax is imposed as a tax rate times taxable income. Taxable income is defined as gross income less allowable deductions. Taxable income as determined for federal tax purposes may be modified for sta…
Bailment is a legal relationship in common law, where the owner transfers physical possession of personal property ("chattel") for a time, but retains ownership. The owner who surrenders custody to a property is called t…
A misdemeanor is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than administrative infractions (also k…
In common law jurisdictions, a misrepresentation is an untrue or misleading statement of fact made during negotiations by one party to another, the statement then inducing that other party to enter into a contract.…
Replevin or claim and delivery (sometimes called revendication) is a legal remedy, which enables a person to recover personal property taken wrongfully or unlawfully, and to obtain compensation for resulting losses. Etym…
Income taxes in the United States are imposed by the federal government, and most states. The income taxes are determined by applying a tax rate, which may increase as income increases, to taxable income, which is the to…
A treasure trove is an amount of money or coin, gold, silver, plate, or bullion found hidden underground or in places such as cellars or attics, where the treasure seems old enough for it to be presumed that the true own…
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to descr…
In contract law, a mistake is an erroneous belief, at contracting, that certain facts are true. It can be argued as a defense, and if raised successfully can lead to the agreement in question being found void ab initio o…
In tort law, detinue is an action to recover for the wrongful taking of personal property. It is initiated by an individual who claims to have a greater right to their immediate possession than the current possessor. For…
The U.S. generation-skipping transfer tax (the "GST tax") imposes a tax on both outright gifts and transfers in trust to or for the benefit of unrelated persons who are more than 37.5 years younger than the donor or to r…
Lost, mislaid, and abandoned property are categories of the common law of property which deals with personal property or chattel which has left the possession of its rightful owner without having directly entered the pos…
Under criminal law, a principal is any actor who is primarily responsible for a criminal offense. Such an actor is distinguished from others who may also be subject to criminal liability as accomplices, accessories or co…
In contract law, an integration clause, merger clause, (sometimes, particularly in the United Kingdom, referred to as an entire agreement clause) is a clause in a written contract which declares that contract…
Copyright infringement (at times referred to as piracy) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to …
A gift tax is a tax imposed on the transfer of ownership of property during the giver's life. The United States Internal Revenue Service says that a gift is "Any transfer to an individual, either directly or indirectly, …
Accession has different definitions depending upon its application. In property law, it is a mode of acquiring property that involves the addition of value to property through labor or the addition of new materials. For …
Corporate liability, also referred to as liability of legal persons, determines the extent to which a company as a legal person can be held liable for the acts and omissions of the natural persons it employs and, in some…
A standard form contract (sometimes referred to as a contract of adhesion, a leonine contract, a take-it-or-leave-it contract, or a boilerplate contract) is a contract between two parties, where the terms and conditions …
Defenses. In a conversion suit, it is no defense to claim that the defendant was not negligent or that the defendant acquired the plaintiff's property through the plaintiff's unilateral mistake, or that the defendant act…
Felony - A crime carrying a penalty of more than a year in prison. A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated f…
Excise tax types. The effective federal excise tax rate for different household income groups (2007). The effective tax rate equals total federal excise taxes paid during the year divided by total comprehensive income, i…
The right of conquest is a right of ownership to land after immediate possession via force of arms. It was recognized as a principle of international law that gradually deteriorated in significance until its proscription…
Complicity is the participation in a completed criminal act of an accomplice, a partner in the crime who aids or encourages (abets) other perpetrators of that crime, and who shares with them an intent to act to complete …
Non est factum (Latin for "it is not deed") is a defense in contract law that allows a signing party to escape performance of an agreement "which is fundamentally different from what he or she intended to execute o…
Acts constituting conversion. An action for conversion does not rest on knowledge or intent of the defendant. The act constituting "conversion" must be an intentional act, but does not require wrongful intent, and is not…
United States v Texas was United States Supreme Court case that involved the Texas Heartbeat Act (also known as Senate Bill 8 or SB8), a state law that bans abortion once a fetal heartbeat is detected, typically six week…
Excise tax in the United States is an indirect tax on listed items. Excise taxes can be and are made by federal, state, and local governments and are not uniform throughout the United States. Some excise taxes are collec…
In common law, a deed is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions, sealed. It is commonly associ…
Under the English common law, an accomplice is a person who actively participates in the commission of a crime, even if they take no part in the actual criminal offense. For example, in a bank robbery, the person who poi…
The statute of frauds is the requirement that certain kinds of contracts be memorialized in writing, signed by the party to be charged, with sufficient content to evidence the contract. The term statute of frauds comes f…
Conversion is an intentional tort consisting of "taking with the intent of exercising over the chattel an ownership inconsistent with the real owner's right of possession". In England & Wales, it is a tort of strict …
Debate. The estate tax is a recurring source of contentious political debate and political football. Generally the debate breaks down between a side which opposes any tax on inheritance, and another which considers it go…
The process of adverse possession would require a thorough analysis if private property is taken by eminent domain, after which control is given to a private corporation (such as a railroad), and then abandoned. Where la…
An accessory is a person who assists in, but does not actually participate in, the commission of a crime. The distinction between an accessory and a principal is a question of fact and degree: The principal is the one wh…
In contract law, an illusory promise is one that courts will not enforce. This is in contrast with a contract, which is a promise that courts will enforce. A promise may be illusory for a number of reasons. In common law…
Trespass to chattels is a tort whereby the infringing party has intentionally (or, in Australia, negligently) interfered with another person's lawful possession of a chattel (movable personal property). The interference …
Exemptions and tax rates. As noted before, a certain amount of each estate is exempted from taxation by the law. Below is a table of the amount of exemption by year an estate would expect. Estates above these amoun…
Hostile possession. The disseisor must have entered or used the land without permission from the true owner. The disseisor's motivations may be interpreted by the court in several ways, depending upon state law and prece…
In Western jurisprudence, concurrence (also contemporaneity or simultaneity) is the apparent need to prove the simultaneous occurrence of both actus reus ("guilty action") and mens rea ("guilty mind"), to constitute a cr…
In jurisprudence, duress or coercion refers to a situation whereby a person performs an act as a result of violence, threat, or other pressure against the person. Black's Law Dictionary (6th edition) defines duress as "a…
Trespass to land is a common law tort or crime that is committed when an individual or the object of an individual intentionally (or, in Australia, negligently) enters the land of another without a lawful excuse. Trespas…
The estate tax in the United States is a federal tax on the transfer of the estate of a person who dies. The tax applies to property that is transferred by will or, if the person has no will, according to state laws of i…
Adverse possession, sometimes colloquially described as "squatter's rights", is a legal principle under which a person who does not have legal title to a piece of property — usually land (real property) — acquires legal …
Foreseeability. Legal Causation is usually expressed as a question of 'foreseeability'. An actor is liable for the foreseeable, but not the unforeseeable, consequences of his or her act. For example, it is foreseeable th…
Capacity or more fully mental capacity covers day-to-day decisions, including: what to wear and what to buy, as well as, life-changing decisions, such as: whether to move into a care home or whether to have major surgery…
Trespass to goods. Trespass to chattels, also known as trespass to goods or trespass to personal property, is defined as "an intentional interference with the possession of personal property...proximately cause injury". …
Google LLC v Oracle America, Inc. was a legal case within the United States related to the nature of computer code and copyright law. The dispute centered on the use of parts of the Java programming language's applicatio…
Unowned property refers to tangible, physical things which are capable of being reduced to being property owned by an individual but are not owned by anyone. Bona vacantia (Latin for "ownerless goods") is a legal concept…
Causation is the "causal relationship between the defendant's conduct and end result". In other words, causation provides a means of connecting conduct with a resulting effect, typically an injury. In criminal law, it is…
An implied-in-fact contract is a form of an implied contract formed by non-verbal conduct, rather than by explicit words. The United States Supreme Court has defined "an agreement 'implied in fact'" as "founded upon a me…
Trespass is an area of criminal law or tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land. Trespass to the person historically involved six separate trespasses:…
Tax credits. Corporations, like other businesses, may be eligible for various tax credits which reduce federal, state or local income tax. The largest of these by dollar volume is the federal foreign tax credit. This cre…
Personal property is property that is movable. In common law systems, personal property may also be called chattels or personalty. In civil law systems, personal property is often called movable property or movables – an…
Mens rea (Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action or lack of action would cause a crime to be committed. It is a necessary element of m…
Consideration is a concept of English common law and is a necessity for simple contracts but not for special contracts (contracts by deed). The concept has been adopted by other common law jurisdictions. The court in Cur…
Transferred intent (or transferred mens rea, or transferred malice, in English law) is a legal doctrine that holds that, when the intention to harm one individual inadvertently causes a second person to be hurt instead, …
Corporate tax is imposed in the United States at the federal, most state, and some local levels on the income of entities treated for tax purposes as corporations. Since January 1, 2018, the nominal federal corporate tax…
In English common law, real property, real estate, realty, or immovable property is land which is the property of some person and all structures (also called improvements or fixtures) integrated with or affixed to the la…
Actus reus, sometimes called the external element or the objective element of a crime, is the Latin term for the "guilty act" which, when proved beyond a reasonable doubt in combination with the mens rea, "guilty mind", …
In the law of contracts, the mirror image rule, also referred to as an unequivocal and absolute acceptance requirement, states that an offer must be accepted exactly with no modifications. The offeror is the master of th…
Intentional infliction of emotional distress (IIED; sometimes called the tort of outrage) is a common law tort that allows individuals to recover for severe emotional distress caused by another individual who intentional…
In the United States of America, individuals and corporations pay U.S. federal income tax on the net total of all their capital gains. The tax rate depends on both the investor's tax bracket and the amount of time the in…
Property law in the United States is the area of law that governs the various forms of ownership in real property (land and buildings) and personal property, including intangible property such as intellectual property. P…
Responsibility for criminal law and criminal justice in the United States is shared between the states and the federal government. Sources of law. The federal government and all the states rely on the following. Common l…
The posting rule (or mailbox rule in the United States, also known as the "postal rule" or "deposited acceptance rule") is an exception to the general rule of contract law in common law countries that acceptance of an of…
False imprisonment or unlawful imprisonment occurs when a person intentionally restricts another person’s movement within any area without legal authority, justification, or the restrained person's permission. Actual phy…
In the United States of America, individuals and corporations pay U.S. federal income tax on the net total of all their capital gains. The tax rate depends on both the investor's tax bracket and the amount of time the in…
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, inc…
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's sel…
Offer and acceptance are generally recognized as essential requirements for the formation of a contract, and analysis of their operation is a traditional approach in contract law. The offer and acceptance formula, develo…
At common law, battery is a tort falling under the umbrella term 'Trespass to the person'. Entailing unlawful contact which is directed and intentional, or reckless (or, in Australia, negligently) and voluntarily bringin…
The Executive: Powers committed to the President of the United States (Article II). Article II, Section 1, vests the executive power in the President of the United States of America. Unlike the commitment of authority in…
United States constitutional law is the body of law governing the interpretation and implementation of the United States Constitution. The subject mainly concerns the scope of power of the United States federal governmen…
Formality. Ordinarily, contracts do not have to be in writing to be enforceable. However, certain types of contracts do have to be reduced to writing to be enforceable, to prevent frauds and perjuries, hence the name sta…
Contract law regulates the obligations established by agreement, whether express or implied, between private parties in the United States. The law of contracts varies from state to state; there is nationwide federal cont…
An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor (alleged wrongdoer). The term negligence, on the other hand, pertains to a tort that…
DNA paternity testing is the use of DNA profiles to determine whether an individual is the biological parent of another individual. Paternity testing can be especially important when the rights and duties of the father a…
Credits. Credits are allowed against AMT for foreign taxes and certain specified business credits. The AMT foreign tax credit limitation is redetermined based on AMTI rather than regular taxable income. Thus, all adjustm…
Remedies. In the United Kingdom, breach of contract is defined in the Unfair Contract Terms Act 1977 as: non-performance, poor performance, part-performance, or performance which is substantially …
Intentional torts. Intentional torts are any intentional acts that are reasonably foreseeable to cause harm to an individual, and that do so. Intentional torts have several subcategories: Torts against the person i…
A tort, in common law jurisdiction, is a civil wrong (other than breach of contract) that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits a tortious act. It can include i…
Defenses. Vitiating factors constituting defenses to purported contract formation include: Mistake (such as non est factum). Incapacity, including mental incompetence and infancy/minority. Duress. Undue influence. …
Formalities and writing requirements for some contracts. A contract is often evidenced in writing or by deed, the general rule is that a person who signs a contractual document will be bound by the terms in that document…
A contract is a legally binding agreement that defines and governs the rights and duties between or among its parties. A contract is legally enforceable when it meets the requirements of applicable law. A contract typica…
Negligence. Amongst unintentional torts one finds negligence as being the most common source of common law. Most Americans are under the impression that most people can sue for any type of negligence, but it is untrue in…
Intentional torts. Intentional torts involve situations in which the defendant desires or knows to a substantial certainty that his act will cause the plaintiff damage. They include battery, assault, false imprisonment, …
Public interest law refers to legal practices undertaken to help poor or marginalized people, or to effect change in social policies in the public interest, on 'not for profit' terms (pro bono publico). It is not a body …
Sports law in the United States overlaps substantially with labor law, contract law, competition or antitrust law, and tort law. Issues like defamation and privacy rights are also integral aspects of sports law. This are…
The alternative minimum tax (AMT) is a tax imposed by the United States federal government in addition to the regular income tax for certain individuals, estates, and trusts. As of tax year 2018, the AMT raises about $5.…
Paternity law refers to the body of law underlying the legal relationship between a father and his biological or adopted children and deals with the rights and obligations of both the father and the child to each other a…
Goldman Sachs Group, Inc v Arkansas Teacher Retirement System, (2021), was a 2021 decision of the Supreme Court of the United States related to securities fraud class actions. Background. A group of investors sued Goldma…
Derivative suits. Because directors owe their duties to the corporation and not, as a general rule, to specific shareholders or stakeholders, the right to sue for breaches of directors’ duty rests by default with the cor…
Space law is the body of law governing space-related activities, encompassing both international and domestic agreements, rules, and principles. Parameters of space law include space exploration, liability for damage, we…
Tax administration. Taxes in the United States are administered by hundreds of tax authorities. At the federal level there are three tax administrations. Most domestic federal taxes are administered by the Internal Reven…
Parenting coordinator (PC) is a relatively new practice used in some US states to manage ongoing issues in high-conflict child custody and visitation cases by professional psychologist or a lawyer assigned by the Court. …
Cedar Point Nursery v Hassid, (2021), was a United States Supreme Court case involving eminent domain and labor relations. In its decision, the Court held that a regulation made pursuant to the California Agricultural La…
Directors' duties. While corporate constitutions typically set out the balance of power between directors, shareholders, employees and other stakeholders, additional duties are owed by members of the board to the corpora…
Custody evaluation (also known as "parenting evaluation") is a legal process, in which a court-appointed mental health expert or an expert chosen by the parties, evaluates a family and makes a recommendation to the court…
Some jurisdictions may commit certain types of dangerous sex offenders to state-run detention facilities following the completion of their sentence if that person has a "mental abnormality" or personality disorder that m…
Property taxes Most jurisdictions below the state level in the United States impose a tax on interests in real property (land, buildings, and permanent improvements). Some jurisdictions also tax some types of business pe…
Mahanoy Area School District v B L (2021), was a United States Supreme Court case involving the ability of schools to regulate student speech made off-campus, such as speech made on social media. The case challenged past…
While the board of directors is generally conferred the power to manage the day-to-day affairs of a corporation, either by the statute, or by the articles of incorporation, this is always subject to limits, including the…
A habitual offender, repeat offender, or career criminal is a person convicted of a crime who was previously convicted of crimes. Various states and jurisdictions may have laws targeting habitual offenders, and specifica…
Credits A wide variety of tax credits may reduce income tax at the federal and state levels. Some credits are available only to individuals, such as the child tax credit for each dependent child, American Opportunity Tax…
Shared parenting, shared residence, joint residence, shared custody or joint physical custody is a child custody arrangement after divorce or separation, in which both parents share the responsibility of raising their ch…
Collins v Yellen, (2021), was a United States Supreme Court case dealing with the structure of the Federal Housing Finance Agency (FHFA). The case follows on the Court's prior ruling in Seila Law LLC v Consumer Financial…
Delegated management and agents. Although a corporation may be considered a separate legal person, it physically cannot act by itself. There are, therefore, necessarily rules from the corporation statutes and the law of …
Recidivism (/rɪˈsɪdɪvɪzəm/; from recidive and ism, from Latin recidīvus "recurring", from re- "back" and cadō "I fall") is the act of a person repeating an undesirable behavior after they have experienced negative conseq…
Income tax Taxes based on income are imposed at the federal, most state, and some local levels within the United States. The tax systems within each jurisdiction may define taxable income separately. Many states refer to…
Alimony (also called aliment (Scotland), maintenance (England, Ireland, Northern Ireland, Wales, Canada, New Zealand), spousal support (U.S., Canada) and spouse maintenance (Australia)) is a legal obligation on a person …
Lange v California, (2021), was a United States Supreme Court case involving the exigent circumstances requirement related to the Fourth Amendment to the United States Constitution. The Court ruled unanimously that the w…
Corporations are invariably classified as "legal persons" by all modern systems of law, meaning that like natural persons, they may acquire rights and duties. A corporation may be chartered in any of the 50 states (or th…
A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, dependin…
The United States of America has separate federal, state, and local governments with taxes imposed at each of these levels. Taxes are levied on income, payroll, property, sales, capital gains, dividends, imports, estates…
A parenting plan is a child custody plan that is negotiated by parents, and which may be included in a marital separation agreement or final decree of divorce. Especially when a separation is acrimonious to begin with, s…
Yellen v Confederated Tribes of the Chehalis Reservation, (2021), was a United States Supreme Court case dealing with the classification of Alaska Native corporations (ANCs) for purposes of receiving funds set-aside for …
United States corporate law regulates the governance, finance and power of corporations in U S law. Every state and territory has its own basic corporate code, while federal law creates minimum standards for trade in com…
A miscarriage of justice, also known as a wrongful conviction, occurs when a person is convicted and punished for a crime that he or she did not actually commit. It can occur in both criminal and civil proceedings, which…
In the United States, strict constructionism is a particular legal philosophy of judicial interpretation that limits or restricts such interpretation only to the exact wording of the law (namely the Constitution). …
Grounds for divorce are regulations specifying the circumstances under which a person will be granted a divorce. Adultery is the most common grounds for divorce. However, there are countries that view male adultery diffe…
HollyFrontier Cheyenne Refining, LLC v Renewable Fuels Association, (2021), was a United States Supreme Court case dealing with exemptions from blending requirements for small refineries set by the Renewable Fuel Standar…
A blind trust is a trust in which the trust beneficiaries have no knowledge of the holdings of the trust, and no right to intervene in their handling. In a blind trust, the trustees (fiduciaries, or those who have been g…
Probation in criminal law is a period of supervision over an offender, ordered by the court instead of serving time in prison. In some jurisdictions, the term probation applies only to community sentences (alternat…
Textualism is a formalist theory in which the interpretation of the law is primarily based on the ordinary meaning of the legal text, where no consideration is given to non-textual sources, such as intention of the law w…
Adultery (from Latin adulterium) is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, re…
TransUnion LLC v Ramirez, (2021), was a United States Supreme Court case dealing with standing under Article III of the Constitution related to class-action suits against private defendants. In a 5–4 decision, the Court …
An advance healthcare directive, also known as living will, personal directive, advance directive, medical directive or advance decision, is a legal document in which a person specifies what actions should be taken for t…
Parole is the early release of a prisoner who agrees to abide by certain conditions, originating from the French word "parole" ("speech, spoken words" but also "promise"). The term became associated during the Middle Age…
The purposive approach (sometimes referred to as purposivism, purposive construction, purposive interpretation, or the modern principle in construction) is an approach to statutory and constitutional interpretation under…
Grounds for divorce are regulations specifying the circumstances under which a person will be granted a divorce. Adultery is the most common grounds for divorce. However, there are countries that view male adultery diffe…
Minerva Surgical, Inc. v Hologic, Inc was a United States Supreme Court case dealing with the principle of assignor estoppel and its application. The Supreme Court reaffirmed the principle of assignor estoppel, however w…
An inheritance tax is a tax paid by a person who inherits money or property of a person who has died, whereas an estate tax is a levy on the estate (money and property) of a person who has died. International tax law dis…
Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison either for the rest of their natural lives or until pardoned, paroled or otherwise commuted to a fixed te…
In the context of United States law, originalism is a concept regarding the interpretation of the Constitution that asserts that all statements in the constitution must be interpreted based on the original understanding …
Adultery (from Latin adulterium) is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, re…
Americans for Prosperity Foundation v Bonta was a United States Supreme Court case dealing with the disclosure of donors to non-profit organizations. The case challenges California's requirement that requires non-profit …
In the law of inheritance, a laughing heir is an heir who is legally entitled to inherit the property of a person who has died, even though that heir is only distantly related to the deceased, and therefore has no person…
An execution warrant (also called death warrant or black warrant) is a writ that authorizes the execution of a condemned person. An execution warrant is not to be confused with a "license to kill", which operates like an…
The Living Constitution, or loose constructionism, is the claim that the United States Constitution and other constitutions hold a dynamic meaning that evolves and adapts to new circumstances even if the document is not …
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus …
Brnovich v Democratic National Committee, (2021), was a United States Supreme Court case related to voting rights established by the Voting Rights Act of 1965 (VRA), and specifically the applicability of Section 2's gene…
Simultaneous death is a problem of inheritance which occurs when two people (sometimes referred to as commorientes) die at, or very near, the same time, and at least one of them is entitled to part or all of the other's …
Capital punishment, also known as the death penalty, is the state-sanctioned killing of a person as punishment for a crime. The sentence ordering that someone is punished with the death penalty is called a death sentence…
In American constitutional law, a statute is void for vagueness and unenforceable if it is too vague for the average citizen to understand, and a constitutionally-protected interest cannot tolerate permissible activity t…
The marriage age in the United States is set by each state and territory, either by statute or the common law applies. An individual can marry in the United States as of right, without parental consent or other authoriza…
Entrapment is a practice in which a law enforcement agent or agent of the state induces a person to commit a "crime" that the person would have otherwise been unlikely or unwilling to commit. It "is the conception and pl…
Probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws…
Overseas and nonresident citizens. U.S. citizens residing overseas who would otherwise have the right to vote are guaranteed the right to vote in federal elections by the Uniformed and Overseas Citizens Absentee Voting A…
A discharge is a type of sentence imposed by a court whereby no punishment is imposed. An absolute discharge is an unconditional discharge whereby the court finds that a crime has technically been committed but that any …
Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid f…
Concerns about videotaping. Camera perspective bias. Psychological research suggests that evaluations of videotaped confessions can be affected by the camera perspective used at the initial recording. Extensive empirical…
In common-law jurisdictions, administration of an estate on death arises if the deceased is legally intestate, meaning they did not leave a will, or some assets are not disposed of by their will. Where a person dies leav…
The term sentence in law refers to punishment that was actually ordered or could be ordered by a trial court in a criminal procedure. A sentence forms the final explicit act of a judge-ruled process as well as the symbol…
Although African Americans quickly began legal challenges to such provisions in the 19th century, it was years before any were successful before the U.S. Supreme Court. Booker T Washington, better known for his public st…
A marriage certificate (sometimes called: marriage lines by the British) is an official statement that two people are married. In most jurisdictions, a marriage certificate is issued by a government official only after t…
A false confession is an admission of guilt for a crime which the individual did not commit. Although such confessions seem counterintuitive, they can be made voluntarily, perhaps to protect a third party, or induced thr…
A pour-over will is a testamentary device wherein the writer of a will creates a trust, and decrees in the will that the property in his or her estate at the time of his or her death shall be distributed to the Trustee o…
In law, a conviction is the verdict that usually results when a court of law finds a defendant guilty of a crime. The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland and in the Netherlands, …
Native American people. From 1778 to 1871, the government tried to resolve its relationship with the various native tribes by negotiating treaties. These treaties formed agreements between two sovereign nations, stating …
A marriage license (or marriage license in Commonwealth spelling) is a document issued, either by a religious organization or state authority, authorizing a couple to marry. The procedure for obtaining a license varies b…
The right of self-defense (also called, when it applies to the defense of another, alter ego defense, defense of others, defense of a third person) is the right for people to use reasonable or defensive force, for the pu…
A special needs trust, also known in some jurisdictions as a supplemental needs trust, is a specialized trust that allows the disabled beneficiary to enjoy the use of property that is held in the trust for his or her ben…
Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when requ…
Milestones of national franchise changes. 1789: The Constitution grants the states the power to set voting requirements. Generally, states limited this right to property-owning or tax-paying white males (about 6% of the …
Common-law marriage, also known as non-ceremonial marriage, sui iuris marriage, informal marriage, or marriage by habit and repute, is a legal framework where a couple may be considered married without having formally re…
In law, provocation is when a person is considered to have committed a criminal act partly because of a preceding set of events that might cause a reasonable person to lose self control. This makes them less morally culp…
An asset-protection trust is any form of trust which provides for funds to be held on a discretionary basis. Such trusts are set up in an attempt to avoid or mitigate the effects of taxation, divorce and bankruptcy on th…
Double jeopardy is a procedural defense (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal in the same jurisdiction. A v…
Voting rights in the United States, specifically the enfranchisement and disenfranchisement of different groups, has been a moral and political issue throughout United States history. Eligibility to vote in the United St…
A domestic partnership is a legal relationship between two individuals who live together and share a common domestic life, but are not married (to each other or to anyone else). People in domestic partnerships receive be…
Coercion is compelling a party to act in an involuntary manner by use of threats, including propaganda or force. It involves a set of various types of forceful actions that violate the free will of an individual to induc…
A life insurance trust is an irrevocable, non-amendable trust which is both the owner and beneficiary of one or more life insurance policies. Upon the death of the insured, the trustee invests the insurance proceeds and …
Self-incrimination is the act of exposing oneself generally, by making a statement, "to an accusation or charge of crime; to involve oneself or another in a criminal prosecution or the danger thereof". Self-incrimi…
Acquisition of nationality. There are various ways a person can acquire United States nationality, either at birth, by naturalization, or through court decisions and/or treaties. Birth within the United States. Section 1…
A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant most or all t…
Automatism is a rarely used criminal defense. It is one of the mental condition defenses that relate to the mental state of the defendant. Automatism can be seen variously as lack of voluntariness, lack of culpability (u…
In American estate planning parlance, an incentive trust is a trust designed to encourage or discourage certain behaviors by using distributions of trust income or principal as an incentive. A typical incentive trust mig…
In the United States, the exclusionary rule is a legal rule, based on constitutional law, that prevents evidence collected or analyzed in violation of the defendant's constitutional rights from being used in a court of l…
United States nationality law details the conditions in which a person holds United States nationality. In the United States, nationality is typically obtained through provisions in the U.S. Constitution, various laws, a…
Cohabitation is an arrangement where two people are not married but live together. They are often involved in a romantic or sexually intimate relationship on a long-term or permanent basis. Such arrangements have become …
The age of criminal responsibility is the age below which a child is deemed incapable of having committed a criminal offence. In legal terms, it is referred to as a defense of infancy, which is a form of defense known as…
An interest in possession trust is a trust in which at least one beneficiary has the right to receive the income generated by the trust (if trust funds are invested) or the right to enjoy the trust assets for the present…
The Assistance of Counsel Clause of the Sixth Amendment to the United States Constitution provides: "In all criminal prosecutions, the accused shall enjoy the right...to have the Assistance of Counsel for his defense." T…
In 1954 the contextualization of the equal protection clause would change forever. The Supreme Court itself recognized the gravity of the Brown v Board decision acknowledging that a split decision would be a threat to th…
The type, functions, and characteristics of marriage vary from culture to culture, and can change over time. In general there are two types: civil marriage and religious marriage, and typically marriages employ a combina…
The insanity defense, also known as the mental disorder defense, is an affirmative defense by excuse in a criminal case, arguing that the defendant is not responsible for their actions due to an episodic or persistent ps…
A constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not p…
Right to counsel means a defendant has a right to have the assistance of counsel (for example, lawyers) and, if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal …
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "nor shall any State ... deny to any person within i…
Declarations against interest are an exception to the rule on hearsay in which a person's statement may be used, where generally the content of the statement is so prejudicial to the person making it that they would not …
Legal immunity, or immunity from prosecution, is a legal status wherein an individual or entity cannot be held liable for a violation of the law, in order to facilitate societal aims that outweigh the value of imposing l…
A trust is a legal relationship in which the legal title to property is entrusted to a person or legal entity with a fiduciary duty to hold and use it for another's benefit. In the Anglo-American common law, the party wh…
A jury trial, or trial by jury, is a lawful proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions. Jury trials are…
In United States constitutional law, a Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibits arbitrary deprivation of life, liberty, or property by the…
An excited utterance, in the law of evidence, is a statement made by a person in response to a startling or shocking event or condition. It is an unplanned reaction to a "startling event". It is an exception to the hears…
A duel is an arranged engagement in combat between two people, with matched weapons, in accordance with agreed-upon rules. Duels in this form were chiefly practiced in early modern Europe with precedents in the medieval …
In the law of property, a pretermitted heir is a person who would likely stand to inherit under a will, except that the testator (the person who wrote the will) did not include the person in the testator's will. Omission…
A jury trial, or trial by jury, is a lawful proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions. Jury trials are…
The Thirteenth Amendment (Amendment XIII) to the United States Constitution abolished slavery and involuntary servitude, except as punishment for a crime. The amendment was passed by Congress on January 31, 1865 and rati…
In the law of criminal evidence, a confession is a statement by a suspect in crime which is adverse to that person. Some secondary authorities, such as Black's Law Dictionary, define a confession in more narrow terms, fo…
Censorship is the suppression of speech, public communication, or other information. This may be done on the basis that such material is considered objectionable, harmful, sensitive, or "inconvenient." Censorship can be …
Lapse and anti-lapse are complementary concepts under the US law of wills, which address the disposition of property that is willed to someone who dies before the testator (the writer of the will). Ademption, or ademptio…
A trial which is observed by a trial judge without being partial is a fair trial. Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, the Sixt…
The privacy laws of the United States deal with several different legal concepts. One is the invasion of privacy, a tort based in common law allowing an aggrieved party to bring a lawsuit against an individual who unlawf…
Hearsay is testimony from a witness under oath who is reciting an out-of-court statement that is being offered to prove the truth of the matter asserted. The Federal Rules of Evidence prohibit introducing hearsay stateme…
Begging (also panhandling) is the practice of imploring others to grant a favor, often a gift of money, with little or no expectation of reciprocation. A person doing such is called a beggar or panhandler. Beggars may op…
In the common law tradition, testamentary capacity is the legal term of art used to describe a person's legal and mental ability to make or alter a valid will. This concept has also been called sound mind and memory or d…
A security deposit is a sum of money held in trust either as an initial part-payment in a purchasing process (often used to prevent the seller selling an item to someone else during an agreed period of time while the buy…
The United States Constitution contains several provisions regarding the law of criminal procedure. Petit jury and venue provisions—both traceable to enumerated complaints in the Declaration of Independence—are included …
Hearsay evidence, in a legal forum, is testimony from a witness under oath who is reciting an out-of-court statement, content of which is being offered to prove the truth of the matter asserted. In most courts, hearsay e…
Obstruction of justice, in United States jurisdictions, is a crime consisting of obstructing prosecutors, investigators, or other government officials. Common law jurisdictions other than the United States tend to use th…
A holographic will, or olographic testament, is a will and testament which is a holographic document, for example, it has been entirely handwritten and signed by the testator. Traditionally, a will had to be signed by wi…
Prior appropriation water rights is the legal doctrine that the first person to take a quantity of water from a water source for "beneficial use" (agricultural, industrial or household) has the right to continue to use t…
A citizen’s right to a trial by jury is a central feature of the United States Constitution. It is considered a fundamental principle of the American legal system. Laws and regulations governing jury selection and convic…
An expert witness, particularly in common law countries such as the United Kingdom, Australia, and the United States, is a person whose opinion by virtue of education, training, certification, skills or experience, is ac…
Perjury is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding. In some jurisdictions, contrary…
A will contest, in the law of property, is a formal objection raised against the validity of a will, based on the contention that the will does not reflect the actual intent of the testator (the party who made the will) …
An assignment is a legal term used in the context of the law of contract and of property. In both instances, assignment is the process whereby a person, the assignor, transfers rights or benefits to another, the assignee…
The right to keep and bear arms in the United States is a fundamental right protected by the Second Amendment to the United States Constitution, part of the Bill of Rights, and by the constitutions of most U.S. states. T…
Witness impeachment, in the law of evidence of the United States, is the process of calling into question the credibility of an individual testifying in a trial. The Federal Rules of Evidence contain the rules governing …
A miscarriage of justice, also known as a failure of justice, occurs when a person is convicted and punished for a crime that they did not commit. It is seldom used as a legal defense in criminal and deportation proceedi…
A holographic will, or olographic testament, is a will and testament which is a holographic document, i.e., it has been entirely handwritten and signed by the testator. Traditionally, a will had to be signed by witnesses…
Property rights are basic human rights, grounded in current Human Rights law as found in article 17 of The Universal Declaration of Human Rights and theoretical constructs in economics for determining how a resource or e…
Freedom of the press in the United States is legally protected by the First Amendment to the United States Constitution. Nevertheless, freedom of the press in the United States is subject to certain restrictions, such as…
In United States and Canadian law, competence concerns the mental capacity of an individual to participate in legal proceedings or transactions, and the mental condition a person must have to be responsible for his or he…
Vandalism is the action involving deliberate destruction of or damage to public or private property. The term includes property damage, such as graffiti and defacement directed towards any property without permission of …
Joint wills and mutual wills are closely related terms used in the law of wills to describe two types of testamentary writing that may be executed by a married couple to ensure that their property is disposed of identica…
Mineral rights are property rights to exploit an area for the minerals it harbors. Mineral rights can be separate from property ownership. Mineral rights can refer to sedentary minerals that do not move below the Earth's…
In the United States, freedom of speech and expression is strongly protected from government restrictions by the First Amendment to the United States Constitution, many state constitutions, and state and federal laws. Fr…
In common law, a foundation is sufficient preliminary evidence of the authenticity and relevance for the admission of material evidence in the form of exhibits or testimony of witnesses. Material evidence is important ev…
Theft is the taking of another person's property or services or scrap money without that person's permission or consent with the intent to deprive the rightful owner of it. The word theft is also used as an informal shor…
Wills have a lengthy history. Ancient Greece. The Ancient Greek practice concerning wills was not the same in all places; some states permitted men to dispose of their estates, others wholly deprived them of that privile…
A partition is a term used in the law of real property to describe an act, by a court order or otherwise, to divide up a concurrent estate into separate portions representing the proportionate interests of the owners of …
In the United States, freedom of religion is a constitutionally protected right provided in the religion clauses of the First Amendment. Freedom of religion is closely associated with separation of church and state, a co…
Burden of proof is a legal duty that encompasses two connected but separate ideas that apply for establishing the truth of facts in a trial before tribunals in the United States: the "burden of production" and the "burde…
Tax evasion is the illegal evasion of taxes by individuals, corporations, and trusts. Tax evasion often entails taxpayers deliberately misrepresenting the true state of their affairs to the tax authorities to reduce thei…
A will or testament is a legal document that expresses a person's (testator) wishes as to how their property (estate) is to be distributed after their death and as to which person (executor) is to manage the property unt…
Types. The Tenth Amendment to the United States Constitution makes local government a matter of state rather than federal law, with special cases for territories and the District of Columbia. As a result, the states have…
A profit (short for profit-à-prendre in Middle French for "right of taking"), in the law of real property, is a nonpossessory interest in land similar to the better-known easement, which gives the holder the right to tak…
An ancient document, in the law of evidence, refers to both a means of authentication for a piece of documentary evidence, and an exception to the hearsay rule. Authentication. With respect to authentication, an "ancient…
Smuggling is the illegal transportation of objects, substances, information or people, such as out of a house or buildings, into a prison, or across an international border, in violation of applicable laws or other regul…
Quantum meruit is a Latin phrase meaning "what one has earned". In the context of contract law, it means something along the lines of "reasonable value of services". In the United States, the elements of quantum meruit a…
A covenant, in its most general sense and historical sense, is a solemn promise to engage in or refrain from a specified action. Under historical English common law a covenant was distinguished from an ordinary contract …
Local government in the United States refers to governmental jurisdictions below the level of the state. Most states and territories have at least two tiers of local government: counties and municipalities. In some state…
A lie is a statement used intentionally for the purpose of deception. The practice of communicating a lie is called lying; a person who communicates a lie may be termed a liar. Lies may be employed to serve a variety of …
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by putting the victim in fear. According to common law, robbery is defined as taking the property of another, with the …
Promissory estoppel. The doctrine of promissory estoppel prevents one party from withdrawing a promise made to a second party if the latter has reasonably relied on that promise. A promise made without consideration is g…
An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". I…
When the Court grants a cert petition, the case is set for oral argument. Both parties will file briefs on the merits of the case, as distinct from the reasons they may have argued for granting or denying the cert petiti…
DNA profiling (also called DNA fingerprinting) is the process of determining an individual's DNA characteristics. DNA analysis intended to identify a species, rather than an individual, is called DNA barcoding. DNA profi…
Possession of stolen goods is a crime in which an individual has bought, been given, or acquired stolen goods. In many jurisdictions, if an individual has accepted possession of goods or property and knew they were stole…
Estoppel is a judicial device in common law legal systems whereby a court may prevent or "estop" a person from making assertions or from going back on his or her word; the person being sanctioned is "estopped". Estoppel …
A lien is a form of security interest granted over an item of property to secure the payment of a debt or performance of some other obligation. The owner of the property, who grants the lien, is referred to as the lienee…
Salary. As of 2018, associate justices receive a yearly salary of $255,300 and the chief justice is paid $267,000 per year. Article III, Section 1 of the U.S. Constitution prohibits Congress from reducing the pay for inc…
In eyewitness identification, in criminal law, evidence is received from a witness "who has actually seen an event and can so testify in court". The Innocence Project states that "Eyewitness misidentification is the sing…
Gambling (also known as betting) is the wagering of money or something of value (referred to as "the stakes") on an event with an uncertain outcome, with the primary intent of winning money or material goods. Gambling th…
Penal damages are liquidated damages which exceed reasonable compensatory damages, making them invalid under common law. While liquidated damage clauses set a pre-agreed value on the expected loss to one party if the oth…
The rule against perpetuities is a legal rule in the Anglo-American common law that prevents people from using legal instruments (usually a deed or a will) to exert control over the ownership of private property for a ti…
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States of America. It has ultimate (and largely discretionary) appellate jurisdiction over all federal and state…
Exculpatory evidence is evidence favorable to the defendant in a criminal trial that exonerates or tends to exonerate the defendant of guilt. It is the opposite of inculpatory evidence, which tends to present guilt. In m…
Payola, in the music industry, is the illegal practice of payment to commercial radio in which the song is presented as being part of the normal day's broadcast, without announcing that there has been consideration paid …
Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract. It is typically available …
An action to quiet title is a lawsuit brought in a court having jurisdiction over property disputes, in order to establish a party's title to real property, or personal property having a title, of against anyone and ever…
When the first president, George Washington, announced in his Farewell Address that he was not running for a third term, he established a "two-terms then out" precedent. Precedent became tradition after Thomas Jefferson …
Physical evidence (also called real evidence or material evidence) is any material object that plays some role in the matter that gave rise to the litigation, introduced as evidence in a judicial proceeding (such as a tr…
Larceny is a crime involving the unlawful taking or theft of the personal property of another person or business. It was an offence under the common law of England and became an offence in jurisdictions which incorporate…
Fundamental breach of contract is a controversial concept within the common law of contract. The doctrine was, in particular, nurtured by Lord Denning MR, but it did not find favor with the House of Lords. Whereas breach…
A mortgage is a legal instrument which is used to create a security interest in real property held by a lender as a security for a debt, usually a loan of money. A mortgage in itself is not a debt, it is the lender's sec…
Executive powers The president is head of the executive branch of the federal government and is constitutionally obligated to "take care that the laws be faithfully executed". The executive branch has over four million e…
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considere…
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The most well-…
Cover is a term used in the law of contracts to describe a remedy available to a buyer who has received an anticipatory repudiation of a contract for the receipt of goods. Under the Uniform Commercial Code, the buyer is …
A bona fide purchaser (BFP) – referred to more completely as a bona fide purchaser for value without notice – is a term used predominantly in common law jurisdictions in the law of real property and personal property to …
The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief o…
In the law of tort, property, and criminal law a trespasser is a person who commits the act of trespassing on a property, that is, without the permission of the owner. Being present on land as a trespasser thereto create…
In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (for example, a fraud victim may sue the fraud perpetrator to avoid the fraud…
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interfere…
In law, conveyancing is the transfer of legal title of real property from one person to another, or the granting of an encumbrance such as a mortgage or a lien. A typical conveyancing transaction has two major phases: th…
Structure. Congress is split into two chambers—House and Senate—and manages the task of writing national legislation by dividing work into separate committees which specialize in different areas. Some members of Congress…
Where two or more persons are liable in respect of the same liability, in most common law legal systems they may either be: jointly liable, or severally liable, or jointly and severally liable. Joint liability. If partie…
Extortion is the practice of obtaining benefit through coercion. In most jurisdictions it is likely to constitute a criminal offense; the bulk of this article deals with such cases. Robbery is the simplest and most commo…
A third-party beneficiary, in the law of contracts, is a person who may have the right to sue on a contract, despite not having originally been an active party to the contract. This right, known as a ius quaesitum tertio…
A condominium (plural either condominia, as in Latin, or condominiums) in international law is a political territory (state or border area) in or over which multiple sovereign powers formally agree to share equal dominiu…
The United States Congress or U.S. Congress is the bicameral legislature of the federal government of the United States and consists of the House of Representatives and the Senate. The Congress meets in the United States…
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. "When a court employs the extraordinary remedy of injunction, it directs the co…
Embezzlement is the act of withholding assets for the purpose of conversion of such assets, by one or more persons to whom the assets were entrusted, either to be held or to be used for specific purposes. Embezzlement is…
An assignment is a legal term used in the context of the law of contract and of property. In both instances, assignment is the process whereby a person, the assignor, transfers rights or benefits to another, the assignee…
A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord. Although a tenant does hold ri…
Modern republicanism is a guiding political philosophy of the United States that has been a major part of American civic thought since its founding. It stresses liberty and inalienable individual rights as central values…
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable l…
Burglary, also called breaking and entering and sometimes housebreaking, is illegally entering a building or other areas to commit a crime. Usually that offence is theft, but most jurisdictions include others within the …
Accord and satisfaction is a contract law concept about the purchase of the release from a debt obligation. It is one of the methods by which parties to a contract may terminate their agreement. The release is completed …
In property law, a concurrent estate or co-tenancy is any of various ways in which property is owned by more than one person at a time. If more than one person owns the same property, they are commonly referred to as co-…
Federalism in the United States is the constitutional division of power between U.S. state governments and the federal government of the United States. Since the founding of the country, and particularly with the end of …
Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, respondeat superior, the responsibility of the superior for the acts of their subordinate or, in a broad…
Arson is a crime of willfully and maliciously setting fire to or charring property. Though the act typically involves buildings, the term arson can also refer to the intentional burning of other things, such as motor veh…
Unconscionability (sometimes known as unconscionable dealing/conduct in Australia) is a doctrine in contract law that describes terms that are so extremely unjust, or overwhelmingly one-sided in favor of the party who ha…
In property law and real estate, a future interest is a legal right to property ownership that does not include the right to present possession or enjoyment of the property. Future interests are created on the formation …
International Bar Association. The Council of the International Bar Association passed a resolution in 2009 endorsing a substantive or "thick" definition of the rule of law: An independent, impartial judiciary; the presu…
The rule of law is defined in the Oxford English Dictionary as "he authority and influence of law in society, especially when viewed as a constraint on individual and institutional behavior; (hence) the principle whereby…
Tortious interference, also known as intentional interference with contractual relations, in the common law of torts, occurs when one person intentionally damages someone else's contractual or business relationships with…
An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin obscēnus, obscaenus, "boding ill; disgusting; indecent", of uncertain etymology. The word can be…
In contract law, impossibility is an excuse for the nonperformance of duties under a contract, based on a change in circumstances (or the discovery of preexisting circumstances), the nonoccurrence of which was an underly…
In common law and statutory law, a life estate (or life tenancy) is the ownership of immovable property for the duration of a person's life. In legal terms, it is an estate in real property that ends at death when owners…
Separation of powers is a political doctrine originating in the writings of Charles de Secondat, Baron de Montesquieu in The Spirit of the Laws, in which he argued for a constitutional government with three separate bran…
In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (for example, a fraud victim may sue the fraud perpetrator to avoid the fraud…
Indecent exposure is the deliberate public exposure by a person of a portion of their body where such exposure is contrary to local standards of appropriate behavior. The term indecent exposure is a legal expression. Soc…
In common law jurisdictions, a misrepresentation is an untrue or misleading statement of fact made during negotiations by one party to another, the statement then inducing that other party to enter into a contract. The m…
In English common law, fee tail or entail is a form of trust established by deed or settlement which restricts the sale or inheritance of an estate in real property and prevents the property from being sold, devised by w…
Responses to the Kentucky and Virginia Resolutions. In 1798, the Kentucky and Virginia legislatures passed a series of resolutions asserting that the states have the power to determine whether acts of Congress are consti…
The tort of seduction was a civil wrong or tort in common law legal systems, and still exists in some jurisdictions. An unmarried woman could sue on the grounds of seduction to obtain damages from her seducer, if her con…
Adultery (from Latin adulterium) is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, re…
n contract law, a mistake is an erroneous belief, at contracting, that certain facts are true. It can be argued as a defense, and if raised successfully can lead to the agreement in question being found void ab initio or…
Allodial title constitutes ownership of real property (land, buildings, and fixtures) that is independent of any superior landlord. Allodial title is related to the concept of land held "in allodium", or land ownership b…
In the United States, judicial review is the ability of a court to examine and decide if a statute, treaty or administrative regulation contradicts or violates the provisions of existing law, a State Constitution, or ult…
Alienation of affections is a common law tort, abolished in many jurisdictions. Where it still exists, an action is brought by a spouse against a third party alleged to be responsible for damaging the marriage, most ofte…
Torture (from Latin tortus: to twist, to torment) is the act of deliberately inflicting severe physical or psychological suffering on someone by another as a punishment or in order to fulfill some desire of the torturer …
A standard form contract (sometimes referred to as a contract of adhesion, a leonine contract, a take-it-or-leave-it contract, or a boilerplate contract) is a contract between two parties, where the terms and conditions …
An orphan work is a copyright-protected work for which rightsholders are positively indeterminate or uncontactable. Sometimes the names of the originators or rightsholders are known, yet it is impossible to contact them …
Bailment is a legal relationship in common law, where the owner transfers physical possession of personal property ("chattel") for a time, but retains ownership. The owner giving up custody is the "bailor" and the person…
The right to privacy is an element of various legal traditions to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy. In the 1…
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by putting the victim in fear. According to common law, robbery is defined as taking the property of another, with the …
The parol evidence rule is a rule in the Anglo-American common law that governs what kinds of evidence parties to a contract dispute can introduce when trying to determine the specific terms of a contract. The rule also …
Treasure trove is an amount of money or coin, gold, silver, plate, or bullion found hidden underground or in places such as cellars or attics, where the treasure seems old enough for it to be presumed that the true owner…
A copyright troll is a party (person or company) that enforces copyrights it owns for purposes of making money through litigation, in a manner considered unduly aggressive or opportunistic, generally without producing or…
Negligent entrustment is a cause of action in tort law that arises where one party (the entrustor) is held liable for negligence because they negligently provided another party (the entrustee) with a dangerous instrument…
The right to privacy is an element of various legal traditions to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy. In the 1…
The statute of frauds refers to the requirement that certain kinds of contracts be memorialized in writing, signed by the party to be charged, with sufficient content to evidence the contract. Terminology. The term statu…
Lost, mislaid, and abandoned property are categories of the common law of property which deals with personal property or chattel which has left the possession of its rightful owner without having directly entered the pos…
Moral rights. Moral rights are rights of creators of copyrighted works that are generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions. They include the right of attribu…
Paraphrasing of copyrighted material may reduce the probability that a court will find that copyright has been infringed; however, there have been many cases where a paraphrase that uses quite different words and sentenc…
Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. Although t…
In criminal law, kidnapping is the unlawful transportation, asportation and confinement of a person against their will. Thus, it is a composite crime. It can also be defined as false imprisonment by means of abduction, b…
In jurisprudence, duress or coercion refers to a situation whereby a person performs an act as a result of violence, threat, or other pressure against the person. Black's Law Dictionary (6th ed.) defines duress as "any u…
The discovery doctrine, also called doctrine of discovery, is a concept of public international law expounded by the United States Supreme Court in a series of decisions, most notably Johnson v M'Intosh in 1823. Chief Ju…
The public domain consists of all the creative work to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable. As examples, the work…
In the law of torts, malpractice, also known as professional negligence, is an "instance of negligence or incompetence on the part of a professional". Professionals who may become the subject of malpractice actions inclu…
Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. This state of mind may, depending upon the jurisdiction, d…
The capacity of natural and juridical persons (legal persons), in general, determines whether they may make binding amendments to their rights, duties, and obligations, such as getting married or merging, entering into c…
Hostile possession. The disseisor must have entered or used the land without permission from the true owner. The disseisor's motivations may be interpreted by the court in several ways, depending upon state law and prece…
Fair use in particular areas. Computer code. The Oracle America, Inc. v Google, Inc. case revolves around the use of application programming interfaces (APIs) used to define functionality of the Java programming language…
The tort of negligent infliction of emotional distress (NIED) is a controversial cause of action, which is available in nearly all U.S. states but is severely constrained and limited in the majority of them. The underlyi…
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawma…
An implied-in-fact contract is a form of an implied contract formed by non-verbal conduct, rather than by explicit words. The United States Supreme Court has defined it as "an agreement 'implied in fact” as "founded upon…
Adverse possession, sometimes colloquially described as "squatter's rights", is a legal principle under which a person who does not have legal title to a piece of property — usually land (real property) — acquires legal …
Fair use is a doctrine in the law of the United States that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyrigh…
Regulations by country. In some countries, there exists a legal requirement for citizens to assist people in distress, unless doing so would put themselves or others in harm's way. Citizens are often required to, at mini…
A duty to rescue is a concept in tort law that arises in a number of cases, describing a circumstance in which a party can be held liable for failing to come to the rescue of another party who could face potential injury…
In the USA, the rescue doctrine of the law of torts holds that if a tortfeasor creates a circumstance that places the tort victim in danger, the tortfeasor is liable not only for the harm caused to the victim, but also t…
A hot prowl burglary, cat burglary, or home invasion is a sub-type of burglary (or in some jurisdictions, a separately defined crime) in which an offender unlawfully breaks and enters into a building or residence while t…
Homicide is the act of one human killing another. A homicide requires only a volitional act by another person that results in death, and thus a homicide may result from accidental, reckless, or negligent acts even if the…
A firm offer is an offer that will remain open for a certain period or until a certain time or occurrence of a certain event, during which it is incapable of being revoked. As a general rule, all offers are revocable at …
Consideration is a concept of English common law and is a necessity for simple contracts but not for special contracts (contracts by deed). The concept has been adopted by other common law jurisdictions. The court in Cur…
Personal property is property that is movable. In common law systems, personal property may also be called chattels or personalty. In civil law systems, personal property is often called movable property or movables – an…
Usage. A trademark identifies the brand owner of a particular product or service. Trademarks can be used by others under licensing agreements; for example, Bullyland obtained a license to produce Smurf figurines; the Leg…
A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to ident…
Res ipsa loquitur (Latin: "the thing speaks for itself") is a doctrine in the Anglo-American common law that says in a tort lawsuit a court can infer negligence from the very nature of an accident or injury in the absenc…
Harassment covers a wide range of behaviors of an offensive nature. It is commonly understood as behavior that demeans, humiliates, or embarrasses a person, and it is characteristically identified by its unlikelihood in …
False imprisonment occurs when a person intentionally restricts another person’s movement within any area without legal authority, justification, or the restrained person's permission. Actual physical restraint is not ne…
The posting rule (or mailbox rule in the United States, also known as the "postal rule" or "deposited acceptance rule") is an exception to the general rule of contract law in common law countries that acceptance of an of…
In English common law, real property, real estate, realty, or immovable property is land which is the property of some person and all structures (also called improvements or fixtures) integrated with or affixed to the la…
Trade secrets are a type of intellectual property that comprise formulas, practices, processes, designs, instruments, patterns, or compilations of information that have inherent economic value because they are not genera…
In law, a proximate cause is an event sufficiently related to an injury that the courts deem the event to be the cause of that injury. There are two types of causation in the law: cause-in-fact, and proximate (or legal) …
Overview. As of 2017, at least 130 UNESCO member states retained criminal defamation laws. In 2017, the Organization for Security and Cooperation in Europe (OSCE) Office of the Representative on Freedom of the Media issu…
Defamation (sometimes known as calumny, vilification, libel, slander or traducement) is the oral or written communication of a false statement about another that unjustly harms their reputation and usually constitutes a …
Pro bono publico (English: "for the public good"; usually shortened to pro bono) is a Latin phrase for professional work undertaken voluntarily and without payment. Unlike traditional volunteering, it uses the specific s…
Offer and acceptance analysis is a traditional approach in contract law. The offer and acceptance formula, developed in the 19th century, identifies a moment of formation when the parties are of one mind. This classical …
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, inc…
Trade dress is the characteristics of the visual appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers. Trade dress is a form of intellectual prop…
In tort law, the standard of care is the only degree of prudence and caution required of an individual who is under a duty of care. The requirements of the standard are closely dependent on circumstances. Whether the sta…
In tort law, a duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first eleme…
In criminal law, criminal negligence is a surrogate mens rea (Latin for "guilty mind") required to constitute a conventional as opposed to strict liability offense. It is not, strictly speaking, a mens rea because it ref…
Res judicata (RJ), also known as claim preclusion, is the Latin term for "a matter decided" and refers to either of two concepts in both civil law and common law legal systems: a case in which there has been a final judg…
International protection of related rights. Apart from the Rome convention, a number of other treaties address the protection of related rights: Convention for the Protection of Producers of Phonograms Against Unau…
In copyright law, related rights (or neighboring rights) are the rights of a creative work not connected with the work's actual author. It is used in opposition to the term "authors' rights". Neighboring rights is a more…
Battery is a criminal offense involving unlawful physical contact, distinct from assault which is the act of creating apprehension of such contact. Battery is a specific common law misdemeanor, although the term is used …
Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions. Moral rights apply only to literary, dramatic, musical a…
Application and prosecution. A patent is requested by filing a written application at the relevant patent office. The person or company filing the application is referred to as "the applicant". The applicant may be the i…
A patent is a form of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of years in exchange for publishing an enabling public d…
Unratified amendments. Unratified amendments. Collectively, members of the House and Senate typically propose around 150 amendments during each two-year term of Congress. Most however, never get out of the Congressional …
An assault is the act of inflicting physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, theref…
Gross negligence is the "lack of slight diligence or care" or "a conscious, voluntary act or omission in reckless disregard of a legal duty and of the consequences to another party." In some jurisdictions a person injure…
Negligence (negligentia in Latin) is a failure to exercise appropriate and or ethical rules of care expected to be exercised amongst specified circumstances. The area of tort law known as negligence involves harm caused …
In re: Don McGahn (also: Committee on the Judiciary, United States House of Representatives v. Donald F. McGahn II; U.S. House Judiciary Committee v. Donald F. McGahn) is a U.S. constitutional case lawsuit (1:19-cv-02379…
Amending the Constitution. The procedure for amending the Constitution is outlined in Article Five. The process is overseen by the archivist of the United States. Between 1949 and 1985 it was overseen by the administrato…
Layout designs (topographies) of integrated circuits are a field in the protection of intellectual property. In United States intellectual property law, a "mask work" is a two or three-dimensional layout or topography of…
In criminal law, a conspiracy is an agreement between two or more persons to commit a crime at some time in the future. Criminal law in some countries or for some conspiracies may require that at least one overt act be u…
The defence of property is a common method of justification used by defendants who argue that they should not be held liable for any loss and injury that they have caused because they were acting to protect their propert…
In many countries, in order to obtain damages for breach of contract or to obtain specific performance or other equitable relief, the aggrieved injured party may file a civil (non-criminal) lawsuit in court. In England a…
Attempted murder is a crime of attempt in various jurisdictions. Canada. Section 239 of the Criminal Code makes attempted murder punishable by a maximum of life imprisonment. If a gun is used, the minimum sentence is fou…
An attempt to commit a crime occurs if a criminal has an intent to commit a crime and takes a substantial step toward completing the crime, but for reasons not intended by the criminal, the final resulting crime does not…
Contractual terms are classified differently depending upon the context or jurisdiction. Terms establish conditions precedent. English, but not necessarily non-English, common law distinguishes between important conditio…
An industrial design right is an intellectual property right that protects the visual design of objects that are not purely utilitarian. An industrial design consists of the creation of a shape, configuration or composit…
The right of self-defense (also called, when it applies to the defense of another, alter ego defense, defense of others, defense of a third person) is the right for people to use reasonable force or defensive force, for …
Preamble. The preamble to the Constitution serves as an introductory statement of the document's fundamental purposes and guiding principles. It neither assigns powers to the federal government, nor does it place specifi…
An inchoate offense, preliminary crime, inchoate crime or incomplete crime is a crime of preparing for or seeking to commit another crime. The most common example of an inchoate offense is "attempt". "Inchoate offense" h…
A contract is a legally binding document that recognizes and governs the rights and duties of the parties to the agreement. A contract is legally enforceable because it meets the requirements and approval of the law. A c…
Indigenous intellectual property is an umbrella legal term used in national and international forums to identify indigenous peoples' claims of collective intellectual property rights to protect specific cultural knowledg…
A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. When the time s…
In tort common law, the defense of necessity gives the state or an individual a privilege to take or use the property of another. A defendant typically invokes the defense of necessity only against the intentional torts …
A summary offence is a crime in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence).
A misdemeanor (American English, spelled misdemeanour in British English) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but t…
A geographical indication (GI) is a name or sign used on products which corresponds to a specific geographical location or origin (for example, a town, region, or country). The use of a geographical indication, as an ind…
Consent occurs when one person voluntarily agrees to the proposal or desires of another. It is a term of common speech, with specific definitions as used in such fields as the law, medicine, research, and sexual relation…
In some common law jurisdictions, contributory negligence is a defense to a tort claim based on negligence. If it is available, the defense completely bars plaintiffs from any recovery if they contribute to their own inj…
The Constitution of the United States is the supreme law of the United States of America. The Constitution, originally comprising seven articles, delineates the national frame of government. Its first three articles embo…
The term felony originated from English common law, from the French medieval word "félonie", to describe an offense that resulted in the confiscation of a convicted person's land and goods, to which additional punishment…
The legal principle of vicarious liability applies to hold one person liable for the actions of another when engaged in some form of joint or collective activity.
The International Treaty on Plant Genetic Resources for Food and Agriculture, (also known as ITPGRFA, International Seed Treaty or Plant Treaty is a comprehensive international agreement in harmony with the Convention on…
Assumption of risk is a defense in the law of torts, which bars or reduces a plaintiff's right to recovery against a negligent tortfeasor if the defendant can demonstrate that the plaintiff voluntarily and knowingly assu…
Comparative negligence, or non-absolute contributory negligence outside the United States, is a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim, based upo…
Trump v. Vance, 591 U.S. ___ (2020), was a landmark[1][2] United States Supreme Court case related to the New York County District Attorney Cyrus Vance Jr.'s attempt to subpoena the tax records of President Donald Trump …
Trump v. Mazars USA, LLP, 591 U.S. ___ (2020) was a Supreme Court of the United States case involving the United States House of Representatives subpoenas to obtain the tax returns of President Donald Trump, which Trump …
A database right is a sui generis property right, comparable to but distinct from copyright, that exists to recognise the investment that is made in compiling a database, even when this does not involve the "creative" as…
In criminal law, corporate liability determines the extent to which a corporation as a legal person can be liable for the acts and omissions of the natural persons it employs. It is sometimes regarded as an aspect of cri…
Trover is a form of lawsuit in common-law countries for recovery of damages for wrongful taking of personal property. Trover belongs to a series of remedies for such wrongful taking, its distinctive feature being recover…
The concept of copyright developed after the printing press came into use in Europe in the 15th and 16th centuries. The printing press made it much cheaper to produce works, but as there was initially no copyright law, a…
Complicity is the participation in a completed criminal act of an accomplice, a partner in the crime who aids or encourages (abets) other perpetrators of that crime, and who shares with them an intent to act to complete …
Booking.com is an online travel agency, operating under both that name and at that domain name. The company sought to trademark its name with the United States Patent and Trademark Office (USPTO). The USPTO had denied th…
A reference work with a list of legal terms from one or more languages, ordered alphabetically, explaining each word's meaning, and sometimes containing information on its usage, translations, and other data.
In Western jurisprudence, concurrence (also contemporaneity or simultaneity) is the apparent need to prove the simultaneous occurrence of both actus reus ("guilty action") and mens rea ("guilty mind"), to constitute a cr…
Replevin or claim and delivery (sometimes called revendication) is a legal remedy, which enables a person to recover personal property taken wrongfully or unlawfully, and to obtain compensation for resulting losses.
Copyright is a type of intellectual property that gives its owner the exclusive right to make copies of a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or music…
Causation is the "causal relationship between the defendant's conduct and end result". In other words, causation provides a means of connecting conduct with a resulting effect, typically an injury. In criminal law, it is…
Mens rea; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action or lack of action would cause a crime to be committed. It is a necessary element of m…
In tort law, detinue is an action to recover for the wrongful taking of personal property. It is initiated by an individual who claims to have a greater right to their immediate possession than the current possessor. For…
The term is considered as a direct translation of the French term droit d’auteur (also German Urheberrecht). It was first (1777) promoted in France by Pierre-Augustin Caron de Beaumarchais, who had close relations with B…
The terms actus reus and mens rea developed in English Law are derived from the principle stated by Edward Coke, namely, actus non facit reum nisi mens sit rea, which means: "an act does not make a person guilty unless (…
Conversion is an intentional tort consisting of "taking with the intent of exercising over the chattel an ownership inconsistent with the real owner's right of possession". In England & Wales, it is a tort of strict …
Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's sel…
Copyright infringement is reproducing, distributing, displaying or performing a work, or to make derivative works, without permission from the copyright holder, which is typically a publisher or other business representi…
Trespass is an area of criminal law or tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land. Trespass to the person historically involved six separate trespasses: …
The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual goods for consumers. To achieve this, the law gives people and businesses property rights to the information an…
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The most well-…
Transferred intent (or transferred mens rea, or transferred malice, in English law) is a legal doctrine that holds that, when the intention to harm one individual inadvertently causes a second person to be hurt instead, …
Intentional infliction of emotional distress (IIED; sometimes called the tort of outrage) is a common law tort that allows individuals to recover for severe emotional distress caused by another individual who intentional…
False imprisonment occurs when a person intentionally restricts another person’s movement within any area without legal authority, justification or consent. Actual physical restraint is not necessary for false imprisonme…
An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor (alleged wrongdoer). The term negligence, on the other hand, pertains to a tort that…
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