Law School
1,035 episodes - English - Latest episode: 26 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
Mastering the Bar Exam: Criminal Procedure - Post-Conviction Procedures (Module Six)
January 29, 2024 06:00 - 3 minutes - 3.65 MBAppeals. 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 made during the trial. Insufficient Evidence: Claiming that the evidence presented at trial was insufficient to justify the verdict. Prosecutorial Misconduct: Alleging improper actions by the prosecutor. Ineffective Assistance of Counsel: Arguing that the defense attorn...
Mastering the Bar Exam: Contracts & Sales Law - Remedies for Breach of Contract - Detailed Analysis (Module Five)
January 28, 2024 06:00 - 5 minutes - 4.7 MB1. 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 been in if the contract had been performed as agreed. Compensatory Damages. Definition: Compensatory damages are intended to compensate the non-breaching party for the loss of the bargain. Calculation: These damages are calculated based on the actual loss incurred and the expect...
Mastering the Bar Exam: Criminal Law - Other Crimes Against Persons (Section Six)
January 26, 2024 06:00 - 6 minutes - 5.6 MB1. 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 to inflict bodily harm upon another. Intention and Apprehension: The key element in assault is the intention to cause apprehension of harmful or offensive contact. The victim must have a reasonable apprehension of imminent harm. Types of Assault: Assault can be either sim...
Mastering the Bar Exam: Civil Procedure: Post-Trial Motions (Section Six)
January 25, 2024 06:00 - 4 minutes - 4.5 MBJudgment 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 of the case. In a jury trial, the verdict becomes the judgment. In a bench trial, the judge will issue findings of fact and conclusions of law, which then form the basis for the judgment. Finality of Judgment. A judgment is considered final when it resolves all the claim...
Mastering the Bar Exam: Constitutional Law - Due Process (Session Six)
January 24, 2024 06:00 - 8 minutes - 7.51 MBSubstantive 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 certain fundamental rights from government interference, regardless of the procedural protections in place. This doctrine emerged as a means to safeguard individual liberties against majority rule and government overreach. Early Interpretation. Initially, the Supreme Court us...
Mastering the Bar Exam: Contracts & Sales Law - Performance and Breach - Detailed Analysis (Module Three)
January 23, 2024 06:00 - 4 minutes - 4.38 MB1. 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 assessing contract completion, breaches, and potential remedies. Performance Standards. Performance to Agreed Standards: A contract must be performed to the standards and terms as agreed upon by the parties. This includes meeting the quality, time, and manner specifications laid o...
Mastering the Bar Exam: Criminal Procedure - Other Key Aspects of Criminal Procedure (Module Five)
January 22, 2024 06:00 - 5 minutes - 4.88 MBPretrial 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 informed of the charges against them. Entering a Plea: The defendant enters a plea (guilty, not guilty, or no contest). Appointment of Counsel: If the defendant cannot afford an attorney, one will be appointed. Bail Hearing: A bail hearing may be conducted to determine...
Mastering the Bar Exam: Criminal Law - Defenses to Criminal Liability (Episode Five)
January 19, 2024 06:00 - 6 minutes - 5.94 MB1. 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 on the defendant’s intent and the circumstances surrounding the killing. First-Degree Murder. Definition and Elements: First-degree murder is characterized by premeditation and deliberation. It involves planning the murder before it is carried out and is considered the most...
Mastering the Bar Exam: Civil Procedure: Trial Process (Section Five)
January 18, 2024 06:00 - 7 minutes - 6.61 MBJury 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 or preconceptions that may affect their impartiality. The goal is to assemble a jury capable of rendering a fair and impartial verdict based on the evidence presented. The process typically starts with a large pool of potential jurors. Both attorneys (and sometimes the judg...
Mastering the Bar Exam: Constitutional Law - Equal Protection and Discrimination (Session Five)
January 17, 2024 06:00 - 7 minutes - 6.92 MBStrict 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 constitutional only if it serves a compelling state interest and is narrowly tailored to achieve that interest with the least restrictive means. Cases like Brown v. Board of Education (1954), which ended racial segregation in public schools, exemplify the application of strict scrutiny....
Mastering the Bar Exam: Contracts & Sales Law - Terms and Interpretation (Module Three)
January 16, 2024 06:00 - 4 minutes - 4.17 MB1. 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. Definition and Purpose. The Parol Evidence Rule prohibits the admission of extrinsic evidence to contradict, vary, add to, or subtract from the terms of a written contract that is intended to be a complete and final expression of the parties’ agreement. The rule aims to pr...
Mastering the Bar Exam: Criminal Procedure - The Sixth Amendment (Module Four)
January 15, 2024 06:00 - 4 minutes - 4.52 MBWelcome 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 of crimes. It guarantees the rights to a speedy and public trial, an impartial jury, the right to confront witnesses, and the right to counsel. This module will delve deeply into each of these rights, exploring their historical background, legal interpretations, and contemporary r...
Mastering the Bar Exam: Criminal Law - Defenses to Criminal Liability (Episode Four)
January 12, 2024 06:00 - 7 minutes - 6.5 MB1. 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 acknowledge that, while the act was technically criminal, it was necessary in the context. Self-Defense. Definition and Elements: Self-defense is the right to prevent suffering force or violence through the use of a sufficient level of counteracting force or violence. The ke...
Mastering the Bar Exam: Civil Procedure: Discovery (Section Four)
January 11, 2024 06:00 - 7 minutes - 6.72 MBSection 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 gather evidence necessary for trial. The Federal Rules of Civil Procedure and corresponding state rules provide the framework for discovery. Scope and Limits of Discovery. Under Rule 26(b) of the Federal Rules of Civil Procedure, the scope of discovery is broad. Parties may ob...
Mastering the Bar Exam: Constitutional Law - Individual Rights and Liberties (Session Four)
January 10, 2024 06:00 - 8 minutes - 7.33 MBThe 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 did not sufficiently protect individual liberties. First Amendment: It guarantees freedoms concerning religion, expression, assembly, and the right to petition. It forbids Congress from both promoting one religion over others and restricting an individual's religious practice...
Mastering the Bar Exam: Contracts & Sales Law - Defenses to Contract Formation (Module Two)
January 09, 2024 06:00 - 5 minutes - 4.71 MB1. 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: Unilateral Mistake: This occurs when one party is mistaken about a material fact regarding the contract. Generally, a unilateral mistake does not render a contract voidable unless the other party knew or should have known of the mistake or if the mistake was due to a mathematic...
Mastering the Bar Exam: Criminal Procedure - The Fifth Amendment (Module Three)
January 08, 2024 06:00 - 3 minutes - 3.08 MBMiranda 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: Ernesto Miranda was arrested and interrogated without being informed of his right to counsel and his right against self-incrimination. The Supreme Court ruled that the Fifth Amendment's protection against self-incrimination extends to the police interrogation process. Cus...
Mastering the Bar Exam: Criminal Law - Parties to Crime (Episode Three)
January 05, 2024 06:00 - 6 minutes - 6.35 MB1. 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 determines the extent of each party's criminal liability. Principals. Definition and Role: A principal is the primary actor in the commission of a crime, the person who actually performs the act constituting the offense. Principals are often the most directly involved and are usua...
Overview of Copyright Law: Introduce what copyright is, its legal basis, and its importance in protecting creative works
January 04, 2024 06:00 - 4 minutes - 4.38 MBCopyright 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, understanding this balance is key to navigating legal challenges in the creative world. Definition and Purpose of Copyright Law. Let's start with the basics. What is copyright? In legal terms, copyright is a right granted by law to the creators of original works of authorship. This...
Mastering the Bar Exam: Constitutional Law - Separation of Powers (Session Three)
January 03, 2024 06:00 - 6 minutes - 6.41 MBThe 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 branch, embodied by Congress, is vested with the power to make laws. It consists of two chambers: the House of Representatives and the Senate. The House is based on population representation, whereas the Senate represents states equally. Congress's powers are extensive, in...
Mastering the Bar Exam: Contracts and Sales: Introduction
January 02, 2024 06:00 - 3 minutes - 2.77 MBDefinition 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 certain amount, and the seller agrees to deliver the car in a specified condition. This mutual agreement creates a contract. But it's not just about signing a document; a contract can be as simple as buying a coffee or as complex as a multinational business agreement." Historical D...
Mastering the Bar Exam: Civil Procedure: Pleadings and Pretrial Procedures (Section Three)
January 02, 2024 06:00 - 6 minutes - 5.58 MBPleadings 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 the scope of the dispute. Complaints. The complaint is the initial pleading filed by the plaintiff, which starts the lawsuit. It serves several key purposes: Statement of Jurisdiction: The complaint must explain why the court has jurisdiction to hear the case. Allegation of ...
Mastering the Bar Exam: Criminal Procedure - The Fourth Amendment (Module Two)
January 01, 2024 06:00 - 6 minutes - 5.58 MBWelcome 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 seizures. We will explore the concept of reasonable expectation of privacy, the requirements and processes for obtaining search warrants, exceptions to these requirements, the legalities of stop and frisk procedures, and the important principles of the exclusionary rule and ...
Mastering the Bar Exam: Criminal Law - Principles of Criminal Liability (Episode Two)
December 29, 2023 06:00 - 5 minutes - 5.23 MBActus 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. Actus reus is not just about doing something but can also involve failing to act when there's a legal duty to do so. This could be a duty established by law, such as the duty to file taxes, or a duty that arises out of a specific relationship, like a parent's duty to care for their ...
Mastering the Bar Exam: Civil Procedure: Jurisdiction and Venue (Section Two)
December 28, 2023 06:00 - 8 minutes - 7.5 MBSubject 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 particular matter. There are two primary forms of subject matter jurisdiction: federal jurisdiction and state jurisdiction. Federal and State Jurisdiction. Federal jurisdiction pertains to cases involving federal laws, treaties, or the US Constitution. Federal courts also hear cases...
Mastering the Bar Exam: Constitutional Law - Introduction to Constitutional Law (Session Two)
December 27, 2023 06:00 - 6 minutes - 5.83 MBThe 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 foreign Nations, and among the several States, and with the Indian Tribes." This clause has been a cornerstone for expanding federal legislative power. Historically, its interpretation has varied from narrow in the early 19th century to expansive during the New Deal era and beyond...
Contracts Law Chapter 18: Third-Party Rights and Assignments
December 26, 2023 06:00 - 4 minutes - 4.07 MBThird-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 contracting parties themselves. The distinction between intended and incidental beneficiaries is critical: Intended Beneficiary: Someone the contract was specifically designed to benefit, giving them the legal right to enforce the contract. Incidental Beneficiary: Someone wh...
Mastering the Bar Exam: Criminal Procedure: Introduction
December 25, 2023 06:00 - 6 minutes - 5.59 MBWelcome 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 shaping criminal procedure. We'll also explore the various sources of criminal procedure law, including constitutional provisions, statutes, and case law. Let’s begin. Overview of the Criminal Justice System. Structure and Function. The criminal justice system in the United States...
Mastering the Bar Exam: Criminal Law: Introduction (Episode 1)
December 22, 2023 06:46 - 5 minutes - 5.28 MBDEFINITION 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 individuals. In essence, Criminal Law sets the rules and boundaries that individuals within a society must follow. It delineates what actions are considered criminal and the consequences for engaging in such actions. But what sets Criminal Law apart from its counterpart, Civil Law? DIST...
Mastering the Bar Exam: Civil Procedure: Introduction to Civil Procedure (Section 1)
December 21, 2023 06:00 - 4 minutes - 3.79 MBUnderstanding 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 system is structured across various levels, including federal and state courts, each with its own set of rules and jurisdictions. The American legal system operates under the principle of federalism, where power is divided between federal and state governments. This dual soverei...
Mastering the Bar Exam: Constitutional Law - Session One: Introduction to Constitutional Law
December 20, 2023 06:00 - 6 minutes - 6.13 MBHistorical 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 United States was governed by the Articles of Confederation, a document that provided a loose alliance of the states but lacked a strong central government. This arrangement proved ineffective in addressing national issues like interstate commerce, defense, and debt management. ...
Contracts Law Chapter 17: Remedies for Breach of Contract
December 19, 2023 06:00 - 3 minutes - 3.25 MBDamages: 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 include: Compensatory Damages: Direct losses suffered as a result of the breach. These aim to put the non-breaching party in the position they would have been in if the contract had been performed. Consequential Damages: Also known as special damages, these are indirect lo...
Session 7: Interrogations, Confessions, and Miranda Rights
December 18, 2023 06:00 - 4 minutes - 4.27 MBIntroduction to Interrogations and Constitutional Foundations: Interrogations form a critical phase of criminal investigations, raising significant constitutional considerations. This section initiates the discussion by exploring the historical context of interrogations and their constitutional foundations. We'll delve into the Fifth Amendment, which protects individuals from self-incrimination, laying the groundwork for understanding the delicate balance between law enforcement's need for ...
Legal Insight: Property Law Episode 5: Shaping Land Use - Real Covenants and Equitable Servitudes
December 15, 2023 06:00 - 3 minutes - 3.22 MBUnderstanding 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 real covenant is a contractual agreement between property owners that imposes certain obligations or restrictions related to land use. These covenants are typically found in deeds or other written agreements. Enforceability. For a real covenant to be enforceable, it must m...
Mastering the Bar Exam: Torts Episode 17: Strict Liability Unveiled
December 14, 2023 06:00 - 7 minutes - 6.84 MBUnderstanding 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, strict liability focuses on the inherent risk associated with certain activities or products. Cases Where Strict Liability Applies. Strict liability is often applied in the following scenarios: Ultra-Hazardous Activities: Activities that are inherently dangerous and pose a h...
Constitutional Law Session 20: Federalism and the Division of Powers
December 13, 2023 06:00 - 5 minutes - 5.27 MBFederalism: 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 own set of powers and responsibilities. Significance: Federalism aims to balance the authority of the national government with the autonomy of individual states, fostering a cooperative and decentralized governance structure. Example: The federal government has the power t...
Contracts Law Chapter 16: Warranties and Product Liability
December 12, 2023 06:00 - 5 minutes - 4.58 MBExpress 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 should comprehend the essentials of express warranties: Nature of Statements: Express warranties can be made through statements, affirmations, or descriptions of fact about the goods. Basis of the Bargain: The representation must become part of the basis of the bargain, meanin...
Session 6: The Fourth Amendment and Search and Seizure Law
December 11, 2023 06:00 - 4 minutes - 4.16 MBOverview 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 by law enforcement. This section will provide a comprehensive overview of the Fourth Amendment, delving into its historical context, the text of the amendment, and its interpretation by the courts. Understanding the Fourth Amendment is essential for grasping the delicate ba...
Legal Insight: Property Law Episode 4: Deciphering Landlord-Tenant Law - The Leasehold Chronicles
December 08, 2023 06:00 - 3 minutes - 3.12 MBUnderstanding 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 lease your space or a tenant looking for a place to call home, understanding these legal dynamics is crucial. Key Elements of Landlord-Tenant Law. Lease Agreements. At the heart of the landlord-tenant relationship lies the lease agreement. This legally binding document outlines...
Mastering the Bar Exam: Torts Episode 16: Intentional Torts in Depth
December 07, 2023 06:00 - 9 minutes - 8.69 MBExploring 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 failure to exercise reasonable care, intentional torts require proof of intent. Let's delve into some key intentional torts: 1. Assault. Assault occurs when one person intentionally puts another in reasonable apprehension of an imminent harmful or offensive contact. The key is the victi...
Constitutional Law Session 19: Separation of Powers and the Three Branches of Government
December 06, 2023 06:00 - 4 minutes - 4.31 MBSeparation 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 to prevent the concentration of power in a single entity. Each branch has distinct functions and operates independently. Significance: Separation of powers is designed to prevent abuses of power, promote checks and balances, and ensure that no single branch becomes too do...
Contracts Law Chapter 15: Contract Interpretation and Construction
December 05, 2023 06:00 - 3 minutes - 3.64 MBChapter 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 construed is fundamental for lawyers navigating the often complex landscape of contractual relationships. This chapter will delve into the rules, methods, and considerations involved in the interpretation of contracts. Rules of Contract Interpretation. Introduction to Contract I...
Session Five: Foundations of Criminal Procedure and the Exclusionary Rule and Its Application
December 04, 2023 06:00 - 6 minutes - 5.82 MBSession 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 system addresses and adjudicates criminal offenses. It operates within the confines of the Constitution, particularly the Bill of Rights. Understanding its foundations involves exploring how the constitutional framework shapes the balance between individual rights and the gove...
Legal Insight: Property Law Episode 3: Navigating Future Interests - Unveiling Property's Tomorrow
December 01, 2023 06:00 - 3 minutes - 3.35 MBUnderstanding 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 preceding estate, often involving questions of inheritance and succession. Vested vs. Contingent Interests. A vested interest is one that is certain to take effect, whereas a contingent interest depends on the occurrence of a specific event. Distinguishing between the two is p...
Mastering the Bar Exam: Torts Episode 15: Causation in Tort Law
November 30, 2023 06:00 - 4 minutes - 4.27 MBUnderstanding 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 harm? The exploration of causation involves two key components: cause-in-fact and proximate cause. Cause-in-Fact (Actual Cause). Cause-in-fact, also known as actual cause, examines whether the defendant's actions were the direct cause of the harm. The "but for" test is commonly used ...
Constitutional Law Session 18: Judicial Review and the Power of the Judiciary
November 29, 2023 06:00 - 5 minutes - 4.83 MBJudicial 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 Constitution. This crucial power allows the courts to ensure that government actions align with the supreme law of the land. Significance: Judicial review acts as a vital check on the powers of the other branches, safeguarding the principles enshrined in the Constitution. Example...
Contracts Law Chapter 14: Performance, Breach, and Discharge
November 28, 2023 06:00 - 3 minutes - 2.83 MBTypes 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 contract. Law students should understand the different types of performance: Complete Performance: Occurs when both parties fulfill their obligations entirely, leading to the successful conclusion of the contract. Substantial Performance: Involves fulfilling the primary and ess...
Criminal Procedure: Session 4: Session Four: Interrogations, Confessions, and Miranda Rights
November 27, 2023 06:00 - 5 minutes - 5.3 MBChallenges 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 warrants, focusing on issues related to the supporting affidavit and the establishment of probable cause. Understanding these challenges is essential for both prosecution and defense in criminal cases. Evolving Standards: Reasonable Expectation of Privacy. The concept of a "reason...
Legal Insight: Property Law Episode 2: Estates in Land - Unraveling Ownership
November 24, 2023 06:00 - 3 minutes - 3.49 MBUnderstanding 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 highest form of ownership, providing the owner with the broadest rights possible. They have the right to use, sell, lease, and pass the property to heirs. Life Estates. A life estate grants ownership for the duration of a person's life. After the individual's death, the propert...
Mastering the Bar Exam: Torts Episode 14: Defenses in Tort Law
November 23, 2023 06:00 - 7 minutes - 7.02 MBUnderstanding 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 circumstances of the case, and the applicable legal principles. Common Defenses in Tort Law. Let's explore some common defenses used in tort cases: Contributory Negligence: This defense argues that the plaintiff's own negligence or carelessness contributed to their injuries....