Law School
1,035 episodes - English - Latest episode: 25 days ago - ★★★ - 16 ratingsThe Law School of America podcast is designed for listeners who what to expand and enhance their understanding of the American legal system. It provides you with legal principles in small digestible bites to make learning easy. If you're willing to put in the time, The Law School of America podcasts can take you from novice to knowledgeable in a reasonable amount of time.
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Episodes
Administrative Law: Adjudication
April 03, 2024 05:00 - 21 minutes - 20 MBAdministrative 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 formal or informal, and is often used to resolve disputes that are too complex or technical for the courts. Formal adjudication involves structured hearings, where parties are given the opportunity to present evidence and arguments before an impartial decision-maker, such as an a...
Evidence Law Made Easy: Expert Testimony
April 02, 2024 05:00 - 21 minutes - 19.9 MBThe 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 of Evidence and various state laws, sets the stage for our discussion. The Daubert Standard: A pivotal moment in the legal landscape was the Supreme Court's decision in Daubert v. Merrell Dow Pharmaceuticals, which provided a framework for federal courts to assess the admis...
Real Property Podcast Episode 6: Landlord-Tenant Law
April 01, 2024 05:00 - 20 minutes - 18.4 MBLease 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. Essential elements include the identification of parties, property description, rental term and amount, security deposit details, maintenance responsibilities, and clauses on renewal and termination. Clear articulation of these elements within the lease helps prevent disputes by ens...
Legal Brief: The Art of Legal Negotiation (Episode Two)
March 31, 2024 05:00 - 21 minutes - 19.7 MBInterest-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 underlying interests rather than their initial positions. This approach involves four key steps: separating the people from the problem, focusing on interests rather than positions, generating options for mutual gain, and insisting on objective criteria for decisions. By iden...
Estate Planning: Estate Administration
March 29, 2024 05:00 - 39 minutes - 35.9 MBEstate 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 responsibilities, and tax implications. Below is an expanded discussion on each key component of estate administration, essential for those preparing for the Bar Exam. V. Estate Administration A. Probate Process and Alternatives to Probate Probate is the legal process by which a deced...
Business Associations: Corporations (Part 2)
March 28, 2024 05:00 - 25 minutes - 23.2 MBModule 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 Directors' and Officers' Duties and Liabilities Shareholder Rights and Shareholder Actions Close Corporations and Special Issues Merger, Consolidation, and Dissolution of Corporations --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/mess...
Administrative Law: Rulemaking in Administrative Law (Part 3)
March 27, 2024 05:00 - 24 minutes - 22.7 MBImpact 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 sectors, and objectives. Judicial Review and Challenges: Final rules subject to judicial review if challenged in court. Parties may contest legality on grounds of procedural errors, lack of statutory authority, or arbitrariness. Preamble's discussion of rulemaking and ...
Evidence Law Made Easy: Best Evidence Rule
March 26, 2024 05:00 - 10 minutes - 9.3 MBThe 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 1002, which stipulates that to prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided by the rules or by law. The essence of the Best Evidence Rule is to prevent inaccuracies and frau...
Real Property: Podcast Episode 4: Financing and Mortgages
March 25, 2024 05:00 - 35 minutes - 32.3 MBRights 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 lifecycle. Understanding these rights is crucial for borrowers to navigate their mortgage obligations confidently. Right to Receive Clear Disclosures: Borrowers are entitled to clear, understandable information about the terms of their mortgage, including interest rates, payment schedule...
Legal Brief: The Art of Legal Negotiation (Episode One)
March 24, 2024 16:48 - 20 minutes - 19 MBPreparation 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 the factual background of the case. Meticulous preparation ensures that a negotiator can confidently navigate the negotiation, anticipate the other party's moves, and strategically steer the conversation towards a favorable outcome. Key Components of Preparation: Legal Rese...
Estate Planning: Trusts
March 22, 2024 05:00 - 25 minutes - 23 MBIV. 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 revocability and when they take effect. Revocable Trusts: Often referred to as living trusts, these are created during the trustor's lifetime and can be altered or revoked entirely by the trustor as long as they are alive and competent. Revocable trusts are used for asset managem...
Business Associations: Corporations (Part 1)
March 21, 2024 05:00 - 26 minutes - 24.3 MBModule 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 Directors' and Officers' Duties and Liabilities Shareholder Rights and Shareholder Actions Close Corporations and Special Issues Merger, Consolidation, and Dissolution of Corporations --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/mess...
Administrative Law: Rulemaking in Administrative Law (Part2)
March 20, 2024 05:00 - 23 minutes - 21.8 MBRulemakingNotice-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 transparency and public participation. Certain situations, such as emergencies or matters of minor significance, may exempt agencies from the full notice-and-comment process. After considering public comments, agencies finalize and publish rules in the Federal Register, maki...
Evidence Law Made Easy: Definition of hearsay
March 19, 2024 05:00 - 13 minutes - 12.6 MBHearsay 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 matter asserted in the statement. Key Components: Out-of-court Statement: Made outside the current court proceeding (e.g., during a deposition, police interrogation, or informal conversation). Offered as Evidence: Must be presented at the current trial or hearing to be...
Real Property: Podcast Episode 4: Real Estate Contracts
March 18, 2024 05:00 - 20 minutes - 19.2 MBThe 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 all agreements are created equal. For a real estate contract to be considered valid and enforceable, it must contain certain elements: Offer and Acceptance: The contract comes to life when one party makes an offer to sell or buy real estate, and the other party accepts this...
Legal Brief: Contract formation
March 17, 2024 17:10 - 14 minutes - 13.7 MBContract 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 of forming a contract generally involves several key elements: offer, acceptance, consideration, capacity, and legality. Let's dive into each element: 1. Offer An offer is a promise to act or refrain from acting, which is made by one party (the offeror) to another party ...
Estate Planning: Intestacy
March 15, 2024 05:00 - 21 minutes - 20.1 MBLegal 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 partnership inherent in marriage, ensuring that the surviving spouse receives support and recognition in the estate distribution process. Calculation and Scope: The elective share may be calculated based on the net estate, including both probate and non-probate assets, dependin...
Business Associations: Partnerships
March 14, 2024 05:00 - 31 minutes - 29.2 MBSegment 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 without any formal agreement—yes, even a handshake can suffice, though I wouldn't recommend it for clarity and legal safety. It's important to note that intent plays a crucial role here. The partners must intend to share profits and management responsibilities. This shared manag...
Administrative Law: Rulemaking in Administrative Law (Part1)
March 13, 2024 05:00 - 27 minutes - 25.1 MBRulemaking 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 transparency and public participation. Exemptions and Exceptions to Notice-and-Comment Requirements Certain situations, such as emergencies or matters of minor significance, may exempt agencies from the full notice-and-comment process. Final Rule Issuance and Publication ...
Evidence Law Made Easy: Authentication
March 12, 2024 05:00 - 14 minutes - 12.9 MBAuthentication 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 document claiming it's the last will of a deceased relative. The court requires proof that the document is real and that the signature belongs to the deceased. This process, ensuring the document is what it claims to be, is authentication. Legal standards for authentication ...
Real Property Episode 3: Land Use Rights and Zoning
March 11, 2024 05:00 - 27 minutes - 24.8 MBLand 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 regulations determine the specific types of development that are allowed in different areas. These regulations are designed to promote orderly development, protect the environment, and preserve the character of communities. Easements, Licenses, and Profits Easements, licenses, and p...
Estate Planning: Wills, Trusts, and Estates Law (Wills)
March 08, 2024 06:00 - 27 minutes - 24.7 MBA. 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: Testamentary Will: This is the most common type of Will, executed in writing, signed, and witnessed according to legal requirements. Holographic Will: A Will handwritten by the testator and signed without witnesses. Nuncupative Will: An oral Will made in front of witnesses under sp...
Business Associations: Introduction
March 07, 2024 06:00 - 28 minutes - 25.8 MBTypes 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 partnerships (LLP); differences in liability and management. Corporations: Distinction between public and private, S-corp, and C-corp; concept of legal personality, liability, and shareholder rights. Limited Liability Companies (LLC): Combines pass-through taxation of a partners...
Administrative Law: Understanding Administrative Agencies
March 06, 2024 06:00 - 22 minutes - 20.2 MBIntroduction 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. Emphasize its importance in everyday life, from the water we drink to the air we breathe, and even the workplaces we inhabit. Purpose: Explain the role of Administrative Law in regulating the powers, procedures, and actions of administrative agencies, ensuring they operate within...
Evidence Law Made Easy: Hearsay Evidence
March 05, 2024 05:51 - 6 minutes - 5.76 MBWelcome 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 prove the truth of the matter asserted in the statement. Breaking this definition down piece by piece is helpful: First, it has to be an out-of-court statement. This means it was made outside of the current court proceeding. For example, statements made during a deposition or...
Real Property Episode 2: Ownership and Title
March 04, 2024 06:41 - 26 minutes - 24.2 MBForms 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 tenant(s). Mention the four unities required for joint tenancy: unity of possession, interest, time, and title. Tenancy in Common: Explain that unlike joint tenancy, there is no right of survivorship. Each tenant in common holds an individual part, which can be sold or pas...
Estate Planning: Wills, Trusts, and Estates Law (Introduction)
March 01, 2024 06:00 - 21 minutes - 19.6 MBA. 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 laws of intestacy take over, which might not align with one's personal wishes. Protection for Beneficiaries: It's not just about distributing assets; it's also about protecting those who inherit from potential future problems, such as creditors or legal disputes. Minimizing Le...
Mastering the Bar Exam: Civil Procedure: Ethical Considerations in Civil Litigation and Keeping abreast of changes and advancements in civil procedure law and practice (Section Eleven)
February 29, 2024 06:00 - 15 minutes - 14.3 MBEthical 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, marked by both longstanding principles and evolving standards that respond to contemporary legal challenges. This discourse delves into the ethical obligations of attorneys, common ethical dilemmas faced during civil litigation, and recent developments and emerging trends in civil...
Administrative Law: Introduction to Administrative Law
February 28, 2024 06:00 - 19 minutes - 18.3 MB1. 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 regulating various aspects of society, such as environmental protection, healthcare, consumer safety, and financial markets. Agencies exercise quasi-legislative, quasi-executive, and quasi-judicial powers, enabling them to create rules, adjudicate disputes, and enforce laws. ...
Evidence Law Made Easy: Character Evidence Defined
February 27, 2024 06:00 - 3 minutes - 2.9 MBCharacter 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 used to show someone's character traits, personality tendencies, habitual behaviors, or general disposition. Character evidence attempts to draw connections between someone's inherent qualities and how they may have acted in a specific situation. It involves reasoning that because a pers...
Real Property: Episode 1: Introduction to Real Property
February 26, 2024 06:00 - 5 minutes - 5.16 MBLet’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 laws that dictate what can be built in our neighborhoods. It’s a foundational area of law that every attorney should be familiar with, whether you specialize in real estate transactions or not. Now, to lay the groundwork, let’s clarify two terms you’ve probably heard a lot: Rea...
Mastering the Bar Exam: Criminal Law - Conclusion and Review (Section Ten)
February 23, 2024 06:00 - 9 minutes - 8.44 MBCriminal 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 defendant's mental state during the offense, affecting blameworthiness. Categories of Crime: Offenses against persons (assault, battery) directly harm individuals and raise critical legal issues. Property crimes (theft, burglary) violate ownership rights and involve co...
Mastering the Bar Exam: Civil Procedure: Federal Rules of Civil Procedure (Section Ten)
February 22, 2024 06:00 - 11 minutes - 10.2 MBKey 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 defendants. Pleading: Concise and direct pleadings for clarity and streamlined litigation. Defenses and Objections: Early dismissal of cases lacking legal basis. Discovery: Proportionality; mandatory disclosures for transparency and efficiency. Summary Judgment: Efficien...
Mastering the Bar Exam: Constitutional Law - Review and Case Law Analysis (Podcast Session Ten)
February 21, 2024 06:00 - 11 minutes - 10.6 MBKey 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 unconstitutional, boosting the Civil Rights Movement. Miranda v Arizona (1966): Requires law enforcement to inform suspects of their rights before interrogation. Roe v Wade (1973): Upheld the right to an abortion, sparking ongoing debates about reproductive rights. Obergefell v Hodges (...
Evidence Law Made Easy: Relevance
February 20, 2024 06:00 - 10 minutes - 9.28 MBRelevance 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, for evidence to be relevant, it has to help prove or disprove a fact that matters to the ultimate issue in the case. The key question is always - does this evidence have any bearing on making any material fact more or less likely? If the answer is yes, the evidence meets th...
Mastering the Bar Exam: Criminal Procedure - Module 9: Conclusion of the Course - Recap (Module Nine)
February 19, 2024 06:00 - 12 minutes - 11.7 MBKey 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 trial. Legal Processes: We've navigated through the stages of criminal proceedings, from arrest to trial, including essential processes like arraignment, plea bargaining, and the significance of the jury selection process. Evolving Challenges: The course has also highlighted...
Mastering the Bar Exam: Criminal Law - Procedure in Criminal Cases (Section Nine)
February 16, 2024 06:00 - 5 minutes - 4.93 MBThe 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 crime. In many cases, an arrest warrant issued by a judge is required, although there are exceptions, such as when a crime is committed in an officer's presence. Search and Seizure: The Fourth Amendment protects citizens from unreasonable searches and seizures. Police generall...
Mastering the Bar Exam: Civil Procedure: Special Proceedings and Alternative Dispute Resolution (Section Nine)
February 15, 2024 06:00 - 4 minutes - 4.5 MBSignificance 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 claims would outweigh the individual damages, effectively providing a mechanism to pursue justice that might otherwise be economically unfeasible. Certification: For a lawsuit to proceed as a class action, the court must certify the class. Key criteria for certification include:...
Mastering the Bar Exam: Constitutional Law - Important Constitutional Amendments (Session Nine)
February 14, 2024 06:00 - 5 minutes - 4.61 MBConstitution, 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 servitude, except as punishment for a crime. It was a monumental step towards racial equality, directly addressing the institution of slavery that had divided the nation. Legal Impact: Beyond its immediate effect of emancipating slaves, the 13th Amendment has served as the foun...
Evidence Law Made Easy: Introduction to Evidence
February 13, 2024 06:00 - 4 minutes - 4.1 MBI. 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, relevant information. Its primary purposes are: To Ascertain the Truth: Evidence law helps in uncovering the truth by allowing certain pieces of information to be presented in court while excluding others that are unreliable, irrelevant, or prejudicial. To Ensure Fairnes...
Mastering the Bar Exam: Criminal Procedure - Module 8: Review and Practice (Module Eight)
February 12, 2024 06:00 - 12 minutes - 11.7 MBModule 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 justice system in the United States. This exploration not only consolidates our understanding of the course content but also underscores the fundamental principles that guide the application of criminal law. The Foundation of Criminal Procedure. At the heart of criminal procedur...
Mastering the Bar Exam: Criminal Law - Crimes Against Public Order and Morality (Section Eight)
February 09, 2024 06:00 - 5 minutes - 5.45 MBCrimes 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 of general peace, decency, and good order within a community. These crimes can range from acts that disrupt public peace to behaviors deemed immoral or harmful to societal standards. Understanding these offenses requires not just a grasp of their legal definitions but an app...
Mastering the Bar Exam: Civil Procedure: Res Judicata and Collateral Estoppel (Section Eight)
February 08, 2024 06:00 - 5 minutes - 4.85 MBThe 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. These principles are not only foundational for the efficient operation of courts but also protect against the injustice of subjecting parties to multiple lawsuits for the same cause. Res Judicata (Claim Preclusion). Res Judicata, also known as claim preclusion, refers to the ...
Mastering the Bar Exam: Constitutional Law - The Constitution in Times of Crisis (Session Eight)
February 07, 2024 06:00 - 4 minutes - 4.46 MBWar 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. Congress has the power to declare war, raise and support armies, provide and maintain a navy, and regulate the military. The President, as commander-in-chief, directs the military and conducts foreign affairs. Historical Context and Legal Debates. Throughout American history...
Mastering the Bar Exam: Contracts & Sales Law - The Uniform Commercial Code (UCC) and Sales - Detailed Analysis (Module Seven)
February 06, 2024 06:00 - 5 minutes - 5.07 MBThe 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. This module provides an in-depth exploration of the UCC, focusing on its scope, the formation of sales contracts, performance obligations, warranties, and remedies in sales contracts. This knowledge is vital for passing the bar exam and for practical legal application in comm...
Mastering the Bar Exam: Criminal Procedure - Navigating Youth in the Criminal Justice System (Module Seven)
February 05, 2024 06:00 - 4 minutes - 4.42 MBJuvenile 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 rehabilitation over punishment. This approach reflects the understanding that youth possess a greater capacity for change, necessitating a system that supports rather than penalizes this potential for growth. The primary objectives include providing guidance, education, and rehabi...
Mastering the Bar Exam: Criminal Law - Other Crimes Against Persons (Section Seven)
February 02, 2024 06:00 - 6 minutes - 6.35 MB1. 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 the owner of it. The essence of theft is the violation of an individual's right to possess their property. Types of Theft: Theft can range from petty theft, involving items of lesser value, to grand theft, involving property of significant value or of a specific type such as auto...
Mastering the Bar Exam: Civil Procedure: Appeals (Section Seven)
February 01, 2024 06:00 - 4 minutes - 4.29 MBSection 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 consistent application of the law, and upholding the principles of justice. Understanding the appellate procedure, including how to initiate an appeal and the standards of review, is essential for any legal professional. Notice of Appeal. The first step in the appellate process ...
Mastering the Bar Exam: Constitutional Law - State Action Doctrine and Civil Rights (Session Seven)
January 31, 2024 06:00 - 4 minutes - 4.25 MBThe 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 against the government and its agents, not private parties. This doctrine stems from the language of the Constitution and its amendments, which are predominantly framed as prohibitions against government action. Development and Significance. The doctrine's development has been...
Mastering the Bar Exam: Contracts & Sales Law - Third Party Rights and Obligations - Detailed Analysis (Module Six)
January 30, 2024 06:00 - 4 minutes - 3.88 MB1. 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 assignor must intend to make the assignment and not merely promise to assign in the future. Limitations: Assignments that materially change the duties or risks of the obligor, violate the law or public policy, or are prohibited by the contract itself, are not allowed. Del...