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Law School

1,035 episodes - English - Latest episode: 25 days ago - ★★★ - 16 ratings

The 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: Torts (Episode 5) Strict Liability

September 14, 2023 05:00 - 3 minutes - 2.76 MB

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 where a manufacturing company releases a product that, despite all precautions, ends up causing harm to consumers. Strict liability becomes relevant when certain activities or products are inherently dangerous, and the responsible party is held liable for any resulting harm, r...

Constitutional Law and the U.S. Constitution Session 6 - Federalism - The Division of Powers Between Federal and State Governments

September 13, 2023 05:00 - 4 minutes - 4.36 MB

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 U.S. Constitution. In the previous segments, we examined the significance of the Preamble, scrutinized each Article of the Constitution, discussed the Amendments, and explored the principles of judicial review. Today, we will delve into another core principle of our constit...

Contracts Law: Chapter 5: Mutual Assent and Defenses to Contract Formation

September 12, 2023 05:00 - 2 minutes - 2.42 MB

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 agreement on the terms of the contract. Law students should explore the concept of a "meeting of the minds": a) Objective Theory of Contracts: Courts use an objective standard to determine whether a meeting of the minds has occurred, focusing on the parties' outward expressi...

Evidence Law Class Session 2: Relevance and Admissibility

September 11, 2023 05:00 - 2 minutes - 2.52 MB

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 court. By the end of this session, you will have a solid understanding of how these criteria shape the admissibility of evidence. Today Topics to be Covered: 1. Relevance of Evidence: - Defining relevance: Evidence must have a logical connection to the facts at issue in the ...

Criminal Law - Class Session 4: Theft Crimes

September 08, 2023 05:00 - 4 minutes - 3.77 MB

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 without their consent. It's a multifaceted area of law, encompassing various forms of wrongful taking. Let's delve into the details. Types of Theft: Larceny, Embezzlement, False Pretenses, Robbery. Theft crimes can take several forms, each with distinct legal elements: Larceny: L...

Mastering the Bar Exam: Torts (Episode 4) Intentional Torts

September 07, 2023 05:00 - 3 minutes - 3.55 MB

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 harm. Intentional torts come into play when a person's deliberate actions lead to harm or injury to another individual. One of the most well-known intentional tort cases is "Battery." In this case, a defendant had intentionally touched the plaintiff in an offensive and harmful mann...

Constitutional Law - Session 5 - Preamble and Articles of the Constitution.

September 06, 2023 05:00 - 5 minutes - 4.83 MB

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 Articles of the U.S. Constitution. In the preceding segments, we explored the significance of the Preamble, analyzed each Article of the Constitution, discussed the Amendments, and delved into the principles of judicial review. Today, we will shift our attention to a core principle...

Contracts Law: Chapter 4: Capacity and Legality

September 05, 2023 05:00 - 2 minutes - 2.5 MB

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: Minors (individuals under the age of majority) generally lack the capacity to enter into contracts. Contracts with minors are voidable at the minor's option, although certain contracts, such as those for necessities, may be binding. b) Intoxicated or Mentally Incapacitated Indivi...

Evidence Law Class Session 1: Introduction to Evidence Law and its Purpose.

September 04, 2023 05:10 - 2 minutes - 2.5 MB

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 of how evidence functions in legal proceedings. Topics to be Covered: Understanding Evidence Law: Definition of evidence and its pivotal role in legal contexts. Distinguishing between substantive law, which defines rights and obligations, and procedural law, which outlines legal p...

Criminal Law: Class Session 3: Assault and Battery

September 01, 2023 05:00 - 4 minutes - 3.91 MB

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 represent distinct offenses with their own legal elements. Let's explore further. Defining Assault and Battery. Assault and battery are two separate offenses, each involving different actions and legal requirements. Assault: Assault refers to the intentional act that causes another ...

Mastering the Bar Exam: Torts (Episode 3)

August 31, 2023 05:00 - 3 minutes - 2.98 MB

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 example. Consider a scenario where a driver fails to yield the right of way at an intersection and causes a collision. Negligence comes into play when the driver's failure to exercise reasonable care leads to harm. A classic case that illustrates the principles of negligence is "Brown ...

Mastering the Bar Exam: Torts (Episode 3) Reasonable care and Liability

August 31, 2023 05:00 - 3 minutes - 2.98 MB

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 example. Consider a scenario where a driver fails to yield the right of way at an intersection and causes a collision. Negligence comes into play when the driver's failure to exercise reasonable care leads to harm. A classic case that illustrates the principles of negligence is "Brown ...

Constitutional Law and the U.S. Constitution Session 4 - Principles of Judicial Review and the Role of the Judiciary

August 30, 2023 05:00 - 4 minutes - 4.15 MB

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 delved into the Amendments, particularly the Bill of Rights and other crucial additions. Today, we will shift our focus to the principles of judicial review and the pivotal role that the judiciary plays in interpreting and applying the Constitution. Introduction to Judicial...

Contract Law: Chapter 3: Consideration and Promissory Estoppel

August 29, 2023 05:00 - 2 minutes - 2.25 MB

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 students should delve into the characteristics and importance of consideration: a) Bargained-for Exchange: Consideration requires a mutual exchange where each party gives something of value in return for the promise or performance of the other party. b) Legal Sufficiency: The ...

Family law (2023): Dissolution of marriages - Legal separation

August 28, 2023 05:00 - 11 minutes - 10.6 MB

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 remaining legally married. A legal separation is granted in the form of a court order. In cases where children are involved, a court order of legal separation often makes child custody arrangements, specifying sole custody or shared parenting, as well as child support. Some couple...

Criminal Law: Class Session 2: Homicide

August 25, 2023 05:00 - 5 minutes - 4.65 MB

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. So, let's begin. Overview of Homicide as a Crime. Homicide is the killing of one person by another person. It's a broad category that encompasses various degrees and forms, each carrying distinct legal implications and potential penalties. Homicide cases can be complex and e...

Mastering the Bar Exam: Torts (Episode 2) Introduction to Tort Law

August 24, 2023 05:00 - 4 minutes - 4.52 MB

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 the fundamental elements of a tort claim. To begin, let's consider a scenario that highlights the importance of Tort Law. Imagine a scenario where a customer slips and falls in a grocery store due to a wet floor, leading to injuries. In such situations, Tort Law comes into play to determine...

Mastering the Bar Exam: Torts (Episode 2)

August 24, 2023 05:00 - 4 minutes - 4.52 MB

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 the fundamental elements of a tort claim. To begin, let's consider a scenario that highlights the importance of Tort Law. Imagine a scenario where a customer slips and falls in a grocery store due to a wet floor, leading to injuries. In such situations, Tort Law comes into play to determine...

Constitutional Law and the U.S. Constitution Session 3 - Amendments of the Constitution

August 23, 2023 05:00 - 6 minutes - 5.88 MB

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 examination of each Article of the Constitution. Today, we will delve into the Amendments of the Constitution, with a specific focus on the Bill of Rights and the critical additions that have shaped our legal landscape. Introduction to the Amendments. As we explore the Amendments,...

Contracts Law: Chapter 1 (Part Two)

August 22, 2023 05:00 - 5 minutes - 4.93 MB

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 principles of contract interpretation, including: a) Plain Meaning Rule: Courts generally interpret contract language according to its plain and ordinary meaning, giving effect to the parties' intentions as expressed in the contract. b) Parol Evidence Rule: This rule restricts the admi...

Family law (2023): Dissolution of marriages - Alimony (Part Two)

August 21, 2023 05:00 - 10 minutes - 9.78 MB

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", "stay-at-home dads", etcetera, there are situations where some parties to a divorce question whether traditional economic allocations made in a divorce are fair and equitable to the facts of their individual case. Some groups have proposed various forms of legislation to reform alimony parameters ...

Article One of the United States Constitution: Part V

August 19, 2023 05:00 - 10 minutes - 9.48 MB

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. Neither House may adjourn, without the consent of the other, for more than three days. Often, a House will hold pro forma sessions every three days; such sessions are merely held to fulfill the constitutional requirement, and not to conduct business. Furthermore, neither Ho...

Criminal Law: Class Session 1

August 18, 2023 05:00 - 5 minutes - 5.35 MB

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's dive right in. Understanding the Purpose and Principles of Criminal Law. Criminal law serves a crucial role in society: maintaining order, protecting individuals and property, and upholding moral standards. It distinguishes between acceptable behavior and actions that warrant pu...

Mastering the Bar Exam: Torts

August 17, 2023 05:00 - 3 minutes - 3.54 MB

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 "Mastering the Bar Exam," the podcast that will equip you with the knowledge and skills to ace the Bar Exam and become a successful attorney. I am your host, Dr. LegalMind, and I hold a Juris Doctor, a Master of Laws, and a Doctor of Juridical Science degree. I've written...

Mastering the Bar Exam: Torts (Overview of the Bar Exam)

August 17, 2023 05:00 - 3 minutes - 3.54 MB

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 "Mastering the Bar Exam," the podcast that will equip you with the knowledge and skills to ace the Bar Exam and become a successful attorney. I am your host, my goal is to help you, aspiring law students, pass the Bar Exam with flying colors. In today's episode, we will ...

Constitutional Law and the U.S. Constitution: Session 2.1

August 16, 2023 05:00 - 8 minutes - 8.19 MB

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 principles of our Constitution. Now, we will embark on a detailed examination of each Article of the Constitution, from Article 1 to Article 7. So, let's begin! Article 1 - The Legislative Branch. Article 1 establishes the first and most extensive branch of the U.S. government...

Contracts Law: Chapter 1 (Part One)

August 15, 2023 05:00 - 7 minutes - 7.19 MB

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 agreements between two or more parties that create legally binding obligations enforceable by law. Understanding the nature and significance of contracts is crucial for law students and aspiring lawyers to navigate the complexities of contract law. Definition and Characteristics ...

Family law (2023): Dissolution of marriages - Alimony (Part One)

August 14, 2023 05:00 - 10 minutes - 9.98 MB

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 to provide financial support to their spouse before or after marital separation or divorce. The obligation arises from the divorce law or family law of each country. In most jurisdictions, it is distinct from child support, where, after divorce, one parent is required to cont...

Article One of the United States Constitution Part IV

August 12, 2023 05:00 - 11 minutes - 10.4 MB

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, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law. If any officer or the President or the Vice President is convicted of impeachment, that person is immediat...

United States Corporate Law: Part 7

August 11, 2023 05:00 - 5 minutes - 5.28 MB

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 default with the corporation itself. The corporation is necessarily a party to the suit. This creates a difficulty because almost always, the right to litigate falls under the general powers of directors to manage the corporation day to day (for example Delaware General Corpora...

Session 2: Constitutional Law and the U.S. Constitution

August 09, 2023 05:00 - 5 minutes - 4.83 MB

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," emphasizing that the authority and power of the government originate from the citizens it serves. The Preamble sets the tone for the Constitution, expressing the collective vision and aspirations of the Founding Fathers. Setting the Goals of the Constitution. Let's now explore the Preambl...

Trust (2023): Special needs trust

August 08, 2023 05:00 - 15 minutes - 14.3 MB

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 benefit, while at the same time allowing the beneficiary to receive essential needs-based government benefits. A Special Needs Trust is a specific type of irrevocable trust that exists under Common Law. Several Common Law nations have established specific statutes relative to th...

Family law (2023): Dissolution of marriages - Grounds for divorce + No-fault divorce (Part Two)

August 07, 2023 05:00 - 12 minutes - 11.1 MB

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 signed by Governor Ronald Reagan, a divorced and remarried former movie actor, and came into effect in 1970. New York was the last state to enact a no-fault divorce law; that law was passed in 2010. Before no-fault divorce was available, spouses seeking divorce would often allege...

Article One of the United States Constitution (Part III)

August 03, 2023 05:00 - 11 minutes - 10.6 MB

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 the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resigna...

Session1 Introduction to Constitutional Law

August 02, 2023 05:00 - 4 minutes - 3.9 MB

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 law and examine the fundamental principles that underpin it. Importance of the U.S. Constitution. Now, why is it essential to study the U.S. Constitution? The U.S. Constitution is the supreme law of the land, serving as the foundation for our legal system and the framework upon which ou...

Trust (2023): Honorary trust + Asset-protection trust

August 01, 2023 05:00 - 13 minutes - 11.9 MB

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 normally be void for lack of a beneficiary, many jurisdictions have carved out two specific exceptions to this rule: trusts for the care of that person's pets; and trusts to provide for the maintenance of cemetery plots. The name of the device derives from the lack of any benefi...

Family law (2023): Dissolution of marriages - Grounds for divorce + No-fault divorce (Part One)

July 31, 2023 05:00 - 10 minutes - 9.25 MB

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 differently than female adultery as grounds for divorce. Before decisions on divorce are considered, one might check into state laws and country laws for legal divorce or separation as each culture has stipulations for divorce. Grounds for divorce. Cruel and inhuman treatment c...

United States Corporate Law: Part 4

July 28, 2023 05:00 - 9 minutes - 8.41 MB

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. Increasingly, corporate law has converged with labor law. The United States is in a minority of Organisation for Economic Co-operation and Development countries that, as yet, has no law requiring employee voting rights in corporations, either in the general meeting or for repre...

United States Corporate Law: Part 4

July 28, 2023 05:00 - 9 minutes - 8.41 MB

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. Increasingly, corporate law has converged with labor law. The United States is in a minority of Organisation for Economic Co-operation and Development countries that, as yet, has no law requiring employee voting rights in corporations, either in the general meeting or for repre...

Article One of the United States Constitution (Part II)

July 27, 2023 05:00 - 13 minutes - 12.3 MB

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 an Inhabitant of that State in which he shall be chosen. The Constitution provides three requirements for Representatives: A Representative must be at least 25 years old, must be an inhabitant of the state in which he or she is elected, and must have been a citizen of the Un...

Criminal law (2022):Right of self-defense

July 26, 2023 05:00 - 11 minutes - 11 MB

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 purpose of defending one's own life (self-defense) or the lives of others, including – in certain circumstances – the use of deadly force. If a defendant uses defensive force because of a threat of deadly or grievous harm by the other person, or a reasonable perception of such...

Trust (2023): Incentive trust + Protective Trust + Spendthrift trust

July 25, 2023 05:00 - 12 minutes - 11.2 MB

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 might encourage a beneficiary to complete a degree, enter a profession, or abstain from harmful conduct such as substance abuse. The beneficiary might be paid a certain amount of money from the trust upon graduating from college, or the trust might pay a dollar of income from th...

Family law (2023): Dissolution of marriages - Adultery (Part One)

July 24, 2023 05:00 - 14 minutes - 13.3 MB

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, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal consequences, the concept exists in many cultures and shares some similarities in Christianity, Judaism and Islam. Adultery is viewed by ma...

Article One of the United States Constitution (Part I)

July 20, 2023 05:00 - 11 minutes - 11 MB

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 Representatives and the Senate.  Article One grants Congress various enumerated powers and the ability to pass laws "necessary and proper" to carry out those powers. Article One also establishes the procedures for passing a bill and places various limits on the powers of Congre...

Criminal law (2022): Provocation

July 19, 2023 05:00 - 14 minutes - 12.8 MB

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 culpable than if the act was premeditated (pre-planned) and done out of pure malice (malice aforethought). It "affects the quality of the actor's state of mind as an indicator of moral blameworthiness." Provocation is often a mitigating factor in sentencing. It rarely serves...

Trust (2023): Interest in possession trust + charitable trust + Testamentary trust

July 18, 2023 05:00 - 13 minutes - 12.3 MB

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 time in another way. The beneficiary with the right to enjoy the trust property for the time being is said to have an interest in possession and is colloquially described as an income beneficiary, or the life tenant. Beneficiaries of a trust have an interest in possession i...

Family law (2023): Dissolution of marriages - Divorce (Part Two)

July 17, 2023 05:00 - 14 minutes - 13.5 MB

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 leads to divorce. The frequency of divorce rises in polygynous marriages compared to monogamous relationships. Within polygynous unions, differences in conjugal stability are found to occur by wife order. There are 3 main mechanisms through which polygyny affects divorce: econ...

United States Corporate Law: Part 3

July 14, 2023 05:00 - 10 minutes - 10 MB

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 they invested in their shares. Practically, limited liability operates only as a default rule for creditors that can adjust their risk. Banks which lend money to corporations frequently contract with a corporation's directors or shareholders to get personal guarantees, or to...

U.S. Bankruptcy (Part Three)

July 13, 2023 05:00 - 14 minutes - 13.6 MB

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 corporation, partnership, etcetera) can receive a discharge. The effect of a bankruptcy discharge is to eliminate only the debtor's personal liability, not the in rem liability for a secured debt to the extent of the value of collateral. The term "in rem" essentially means "with respect to...

Criminal law (2022): Justification + Mistake of law + Mistake of fact

July 12, 2023 05:00 - 11 minutes - 10.1 MB

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 otherwise be criminal. Justification and excuse are related but different defenses (see Justification and excuse). Justification is an exception to the prohibition of committing certain offenses. Justification can be a defense in a prosecution for a criminal offense. When an act ...