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
Trust (2023): Purpose trust + Life insurance trust
July 11, 2023 05:00 - 11 minutes - 10.7 MBA purpose trust is a type of trust which has no beneficiaries, but instead exists for advancing some non-charitable purpose of some kind. In most jurisdictions, such trusts are not enforceable outside of certain limited and anomalous exceptions, but some countries have enacted legislation specifically to promote the use of non-charitable purpose trusts. Trusts for charitable purposes are also technically purpose trusts, but they are usually referred to simply as charitable trusts. People ref...
Family law (2023): Dissolution of marriages - Divorce (Part One)
July 10, 2023 05:00 - 16 minutes - 15.3 MBDivorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. It can be said to be a legal dissolution of a marriage by a court or other competent body. It is the legal process of ending a marriage. Divorce laws vary con...
United States Corporate Law: Part 2
July 07, 2023 05:00 - 11 minutes - 10.5 MBIncorporation and charter competition. The process of starting up a new corporation is quick, though each state differs. A corporation is not the only kind of business organization that can be chosen. People may wish to register a partnership or a Limited Liability Company, depending on the precise tax status and organizational form that is sought. Most frequently, however, people running major enterprises will choose corporations which have limited liability for those who become the shareh...
U.S. Bankruptcy (Part Two)
July 06, 2023 05:00 - 12 minutes - 11.3 MBAvoidance actions. Debtors, or the trustees that represent them, gain the ability to reject, or avoid actions taken with respect to the debtor's property for a specified time prior to the filing of the bankruptcy. While the details of avoidance actions are nuanced, there are three general categories of avoidance actions: Preferences: 11 U.S.C. § 547. Federal fraudulent transfer: 11 U.S.C. § 548. Non-bankruptcy law creditor: 11 U.S.C. § 544. All avoidance actions attempt to limit the ris...
Criminal law (2022): Insanity (Part Two)
July 05, 2023 05:00 - 17 minutes - 15.7 MBIn the United States, variances in the insanity defense between states, and in the federal court system, are attributable to differences with respect to three key issues: Availability: whether the jurisdiction allows a defendant to raise the insanity defense, Definition: when the defense is available, what facts will support a finding of insanity, and Burden of proof: whether the defendant has the duty of proving insanity or the prosecutor has the duty of disproving insanity, and by what ...
Trust (2023): Resulting trust + Bare trust + Accumulation and maintenance
July 04, 2023 05:00 - 12 minutes - 11.2 MBA resulting trust is an implied trust that comes into existence by operation of law, where property is transferred to someone who pays nothing for it; and then is implied to have held the property for the benefit of another person. The trust property is said to "result" or jump back to the transferor (implied settlor). In this instance, the word 'result' means "in the result, remains with", or something similar to "revert" except that in the result the beneficial interest is held on trust fo...
Family law (2023): Validity of marriages: Sham marriage + Amatonormativity
July 03, 2023 04:00 - 9 minutes - 8.89 MBA sham marriage or fake marriage is a marriage of convenience entered into without intending to create a real marital relationship. This is usually for the purpose of gaining an advantage from the marriage. Definitions of sham marriage vary by jurisdiction, but are often related to immigration. The essential point in the varying definitions is whether the couple intend to live in a real marital relationship, to establish a life together. A typical definition by the UK Home Office in 2015: ...
United States Corporate Law: Part I
June 30, 2023 05:00 - 11 minutes - 10.5 MBUnited States corporate law regulates the governance, finance and power of corporations in US law. Every state and territory has its own basic corporate code, while federal law creates minimum standards for trade in company shares and governance rights, found mostly in the Securities Act of 1933 and the Securities and Exchange Act of 1934, as amended by laws like the Sarbanes–Oxley Act of 2002 and the Dodd–Frank Wall Street Reform and Consumer Protection Act. The US Constitution was interpre...
U.S. Bankruptcy (Part One)
June 29, 2023 05:00 - 11 minutes - 10.5 MBbankruptcy. In the United States, bankruptcy is largely governed by federal law, commonly referred to as the "Bankruptcy Code" ("Code"). The United States Constitution (Article 1, Section 8, Clause 4) authorizes Congress to enact "uniform Laws on the subject of Bankruptcies throughout the United States". Congress has exercised this authority several times since 1801, including through adoption of the Bankruptcy Reform Act of 1978, as amended, codified in Title 11 of the United States Code a...
Criminal law (2022): Insanity (Part One)
June 28, 2023 05:00 - 13 minutes - 12 MBThe insanity defense, also known as the mental disorder defense, is an affirmative defense by excuse in a criminal case, arguing that the defendant is not responsible for their actions due to a psychiatric disease at the time of the criminal act. This is contrasted with an excuse of provocation, in which the defendant is responsible, but the responsibility is lessened due to a temporary mental state. It is also contrasted with the justification of self-defense or with the mitigation of imper...
Trust (2023): Trust: Express trust + Constructive trust (Part Two)
June 27, 2023 05:00 - 16 minutes - 15 MBPresumptive resulting trusts. These are transfers made by A to B, where the law creates a rebuttable presumption of a resulting trust applying if the intention is not made clear by A. (written evidence produced). For example, when A transfers property to B, unless the transfer was made by father to child or by husband to wife, in the absence of any other evidence the law presumes that a resulting trust has been created for A.(Y this category excluded: for example:A evidence cannot stand in...
Family law (2023): Validity of marriages: Marriage license + Marriage certificate
June 26, 2023 05:00 - 15 minutes - 14.2 MBA marriage license is a document issued, either by a religious organization or state authority, authorizing a couple to marry. The procedure for obtaining a license varies between jurisdictions, and has changed over time. Marriage licenses began to be issued in the Middle Ages, to permit a marriage which would otherwise be illegal (for instance, if the necessary period of notice for the marriage had not been given). Today, they are a legal requirement in some jurisdictions and may also serv...
Intellectual property (2023): Fair dealing
June 23, 2023 05:00 - 9 minutes - 8.49 MBFair dealing is a limitation and exception to the exclusive rights granted by copyright law to the author of a creative work. Fair dealing is found in many of the common law jurisdictions of the Commonwealth of Nations. Fair dealing is an enumerated set of possible defenses against an action for infringement of an exclusive right of copyright. Unlike the related United States doctrine of fair use, fair dealing cannot apply to any act which does not fall within one of these categories, altho...
Judicial remedies (2023): Subrogation
June 22, 2023 05:00 - 7 minutes - 7.03 MBSubrogation is the assumption by a third party (such as a second creditor or an insurance company) of another party's legal right to collect debts or damages. It is a legal doctrine whereby one person is entitled to enforce the subsisting or revived rights of another for one's own benefit. A right of subrogation typically arises by operation of law, but can also arise by statute or by agreement. Subrogation is an equitable remedy, having first developed in the English Court of Chancery. It i...
Criminal law (2022): Ignorance of law excuses no one + Age of criminal responsibility
June 21, 2023 05:00 - 14 minutes - 13.2 MBIn law, ignorantia juris non excusat (Latin for "ignorance of the law excuses not"), or ignorantia legis neminem excusat ("ignorance of law excuses no one"), is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely by being unaware of its content. European-law countries with a tradition of Roman law may also use an expression from Aristotle translated into Latin: nemo censetur ignorare legem ("nobody is thought to be ignorant ...
Trust (2023): Trust: Express trust + Constructive trust (Part One)
June 20, 2023 05:00 - 4 minutes - 3.86 MBAn express trust is a trust created "in express terms, and usually in writing, as distinguished from one inferred by the law from the conduct or dealings of the parties." Property is transferred by a person (called a trustor, settlor, or grantor) to a transferee (called the trustee), who holds the property for the benefit of one or more persons, called beneficiaries. The trustee may distribute the property, or the income from that property, to the beneficiaries. Express trusts are frequently...
Family law (2023): Validity of marriages: Marriage law
June 19, 2023 05:00 - 19 minutes - 17.9 MBMarriage is an institution that is historically filled with restrictions. From age, to gender, to social status, various restrictions are placed on marriage by communities, religious institutions, legal traditions and states. Marriage age. The minimum age at which a person is able to lawfully marry, and whether parental or other consents are required, vary from country to country. In the U.S. the minimum age for marriage without parental and or judicial approval is 18 except for Nebraska (...
Intellectual property (2023): idea–expression distinction + Limitations and exceptions to copyright
June 16, 2023 05:00 - 15 minutes - 13.9 MBThe idea–expression distinction or idea–expression dichotomy is a legal doctrine in the United States that limits the scope of copyright protection by differentiating an idea from the expression or manifestation of that idea. Unlike patents, which may confer proprietary rights in relation to general ideas and concepts per se when construed as methods, copyrights cannot confer such rights. An adventure novel provides an illustration of the concept. Copyright may subsist in the work as a whol...
Judicial remedies (2023): Rescission + Declaratory judgment
June 15, 2023 05:00 - 14 minutes - 13 MBIn contract law, rescission is an equitable remedy which allows a contractual party to cancel the contract. Parties may rescind if they are the victims of a vitiating factor, such as misrepresentation, mistake, duress, or undue influence. Rescission is the unwinding of a transaction. This is done to bring the parties, as far as possible, back to the position in which they were before they entered into a contract (the status quo ante). Taxonomy. Rescission is used throughout the law in a nu...
Criminal law (2022): Entrapment
June 14, 2023 05:00 - 14 minutes - 12.9 MBEntrapment is a practice in which a law enforcement agent or agent of the state induces a person to commit a "crime" that the person would have otherwise been unlikely or unwilling to commit. It "is the conception and planning of an offense by an officer or agent, and the procurement of its commission by one who would not have perpetrated it except for the trickery, persuasion or fraud of the officer or state agent". Police conduct rising to the level of entrapment is broadly discouraged an...
Trust (2023): Trust (Part Three)
June 13, 2023 05:00 - 13 minutes - 12.7 MBLand trust: A private, nonprofit organization that, as all or part of its mission, actively works to conserve land by undertaking or assisting in land or conservation easement acquisition, or by its stewardship of such land or easements; or an agreement whereby one party (the trustee) agrees to hold ownership of a piece of real property for the benefit of another party (the beneficiary). Offshore trust: Strictly speaking, an offshore trust is a trust which is resident in any jurisdiction ot...
Family law (2023): Marriage and other unions and status: Domestic partnership
June 12, 2023 05:00 - 16 minutes - 15.5 MBA domestic partnership is a relationship, usually between couples, who live together and share a common domestic life, but are not married (to each other or to anyone else). People in domestic partnerships receive legal benefits that guarantee the right of survivorship, hospital visitation, and other rights. The term is not used consistently, which results in some inter-jurisdictional confusion. Some jurisdictions, such as Australia, New Zealand, and the U.S. states of California, Maine, Ne...
Intellectual property (2023): Patent trolling (Part Two)
June 09, 2023 05:00 - 15 minutes - 14.6 MBIn 2011, United States business entities incurred $29 billion in direct costs because of patent trolls. Lawsuits brought by "patent assertion companies" made up 61% of all patent cases in 2012, according to the Santa Clara University School of Law. From 2009 through mid-2013, Apple Inc. was the defendant in 171 lawsuits brought by non-practicing entities (NPEs), followed by Hewlett-Packard (137), Samsung (133), AT&T (127), and Dell (122). Patent troll-instigated litigation, once mostly confi...
Judicial remedies (2023): Restitution + Rectification
June 08, 2023 05:00 - 7 minutes - 7.04 MBThe law of restitution is the law of gains-based recovery, in which a court orders the defendant to give up their gains to the claimant. It should be contrasted with the law of compensation, the law of loss-based recovery, in which a court orders the defendant to pay the claimant for their loss. Evolving Meaning. American Jurisprudence 2d edition notes: The word "restitution" was used in the earlier common law to denote the return or restoration of a specific thing or condition. In modern...
Criminal law (2022): Diminished capacity + Coercion
June 07, 2023 05:00 - 11 minutes - 10.2 MBIn criminal law, diminished responsibility (or diminished capacity) is a potential defense by excuse by which defendants argue that although they broke the law, they should not be held fully criminally liable for doing so, as their mental functions were "diminished" or impaired. Diminished capacity is a partial defense to charges that require that the defendant act with a particular state of mind. For example, if the felony murder rule does not apply, first degree murder requires that the s...
Trust (2023): Trust (Part Two)
June 06, 2023 05:00 - 14 minutes - 13 MBA trust may have multiple trustees, and these trustees are the legal owners of the trust's property, but have a fiduciary duty to beneficiaries and various duties, such as a duty of care and a duty to inform. If trustees do not adhere to these duties, they may be removed through a legal action. The trustee may be either a person or a legal entity such as a company, but typically the trust itself is not a legal entity and any litigation involving the trust must include the trustee as a party....
Family law (2023): Marriage and other unions and status: Civil union (Part Two)
June 05, 2023 05:00 - 10 minutes - 9.61 MBA civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage (with child adoption being a common exception, and the title itself). Civil unions under one name or another have been established by law in several, mostly developed, countries in order to provide legal recognition of relationships formed by unmarri...
Intellectual property (2023): Patent trolling (Part One)
June 02, 2023 05:00 - 11 minutes - 10.2 MBIn international law and business, patent trolling or patent hoarding is a categorical or pejorative term applied to a person or company that attempts to enforce patent rights against accused infringers far beyond the patent's actual value or contribution to the prior art, often through hardball legal tactics (frivolous litigation, vexatious litigation, strategic lawsuits against public participation (SLAPP), chilling effects, and the like). Patent trolls often do not manufacture products or...
Judicial remedies (2023):Account of profits + Injunction
June 01, 2023 05:00 - 12 minutes - 11.3 MBAn account of profits (sometimes referred to as an accounting for profits or simply an accounting) is a type of equitable remedy most commonly used in cases of breach of fiduciary duty. It is an action taken against a defendant to recover the profits taken as a result of the breach of duty, in order to prevent unjust enrichment. In conducting an account of profits, the plaintiff is treated as if they were conducting the business of the defendant, and made those profits which were attributab...
Criminal law (2022): Defenses to liability: Consent
May 31, 2023 05:00 - 14 minutes - 13 MBConsent occurs when one person voluntarily agrees to the proposal or desires of another. It is a term of common speech, with specific definitions as used in such fields as the law, medicine, research, and sexual relationships. Consent as understood in specific contexts may differ from its everyday meaning. For example, a person with a mental disorder, a low mental age, or under the legal age of sexual consent may willingly engage in a sexual act that still fails to meet the legal threshold f...
Trust (2023): Trust (Part One)
May 30, 2023 05:00 - 14 minutes - 13.7 MBA trust is a legal relationship in which the holder of a right gives it to another person or entity who must keep and use it solely for another's benefit. In the Anglo-American common law, the party who entrusts the right is known as the "settlor", the party to whom the right is entrusted is known as the "trustee", the party for whose benefit the property is entrusted is known as the "beneficiary", and the entrusted property itself is known as the "corpus" or "trust property". A testamentary...
Family law (2023): Marriage and other unions and status: Civil union (Part One)
May 29, 2023 05:00 - 10 minutes - 9.18 MBA civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage (with child adoption being a common exception, and the title itself). Civil unions under one name or another have been established by law in several, mostly developed, countries in order to provide legal recognition of relationships formed by unmarri...
Intellectual property (2023): Brand protection + Copyright troll
May 26, 2023 05:00 - 12 minutes - 11.1 MBBrand protection is the process and set of actions that a right holder undertakes to prevent third parties from using its intellectual property without permission, as this may cause loss of revenue and, usually more importantly, destroys brand equity, reputation and trust. Brand protection seeks primarily to ensure that trademarks, patents, and copyrights are respected, though other intellectual property rights such as industrial design rights or trade dress can be involved. Counterfeiting i...
Judicial remedies (2023): Constructive trust
May 25, 2023 05:00 - 10 minutes - 9.77 MBA constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not possess due to unjust enrichment or interference, or due to a breach of fiduciary duty, which is intercausative with unjust enrichment and or property interference. It is a type of implied trust (for example, it is created by conduct, not explicitly by a settler). In the Unit...
Criminal law (2022): Defenses to liability: Automatism (law) (Part Two)
May 24, 2023 05:00 - 7 minutes - 6.42 MBSleep. The Australian Model Criminal Code Committee states the law as follows: At the minimum there needs to be some operation of the will before a physical movement is described as an act. The physical movements of a person who is asleep, for example, probably should not be regarded as acts at all, and certainly should not be regarded as acts for the purposes of criminal responsibility. These propositions are embodied in the rule that people are not held responsible for involuntary 'acts'...
Wills (2023): Property disposition (Part Two)
May 23, 2023 05:00 - 13 minutes - 12 MBAn elective share is a term used in American law relating to inheritance, which describes a proportion of an estate which the surviving spouse of the deceased may claim in place of what they were left in the decedent's will. It may also be called a widow's share, statutory share, election against the will, or forced share. Function and operation. The elective share is the modern version of the English common law concepts of dower and curtesy, both of which reserved certain portions of a de...
Family law (2023): Marriage and other unions and status: Common-law marriage
May 22, 2023 05:00 - 13 minutes - 12.4 MBCommon-law marriage, also known as non-ceremonial marriage, sui iuris marriage, informal marriage, de facto marriage, or marriage by habit and repute, is a legal framework where a couple may be considered married without having formally registered their relation as a civil or religious marriage. The original concept of a "common-law marriage" is one considered valid by both partners, but not formally recorded with a state or religious registry, nor celebrated in a formal civil or religious ...
Intellectual property (2023): Abandonware (Part Two)
May 19, 2023 05:00 - 12 minutes - 11.3 MBThose who oppose these practices argue that distribution denies the copyright holder potential sales, in the form of re-released titles, official emulation, and so on. Likewise, they argue that if people can acquire an old version of a program for free, they may be less likely to purchase a newer version if the old version meets their needs. From game developers with sympathy with abandonware. Some game developers showed sympathy for abandonware websites as they preserve their classical ga...
Judicial remedies (2023):Equitable remedies + Specific performance
May 18, 2023 05:00 - 12 minutes - 11.6 MBEquitable remedies are judicial remedies developed by courts of equity from about the time of Henry the 8th to provide more flexible responses to changing social conditions than was possible in precedent-based common law. Equitable remedies were granted by the Court of Chancery in England, and remain available today in most common law jurisdictions. In many jurisdictions, legal and equitable remedies have been merged and a single court can issue either, or both, remedies. Despite widespread...
Criminal law (2022): Defenses to liability: Automatism (law) (Part One)
May 17, 2023 05:00 - 12 minutes - 11.8 MBIn criminal law, automatism is a rarely used criminal defense. It is one of the mental condition defenses that relate to the mental state of the defendant. Automatism can be seen variously as lack of voluntariness, lack of culpability (unconsciousness) or excuse. Automatism means that the defendant was not aware of his or her actions when making the particular movements that constituted the illegal act. For example, Esther Griggs in 1858 threw her child out of a first floor window believing...
Wills (2023): Property disposition (Part One)
May 16, 2023 05:00 - 12 minutes - 11.3 MBLapse and anti-lapse. Lapse and anti-lapse are complementary concepts under the US law of wills, which address the disposition of property that is willed to someone who dies before the testator (the writer of the will). Lapse. At common law, lapse occurs when the beneficiary or the devisee under the will predeceases the testator, invalidating the gift. The gift would instead revert to the residuary estate or be granted under the law of intestate succession. Anti-lapse statutes. Most com...
Family law (2023): Marriage and other unions and status: Cohabitation (Part Two)
May 15, 2023 05:00 - 16 minutes - 14.8 MBAbuse and infidelity. University of Chicago sociologist Linda Waite found that "16 percent of cohabiting women reported that arguments with their partners became physical during the past year, while only 5 percent of married women had similar experiences." Most cohabiting couples have a faithful relationship, but Waite's surveys also demonstrated that 20% of cohabiting women reported having secondary sex partners, compared to only 4% of married women. According to an article by Judith Trea...
Intellectual property (2023): Abandonware (Part One)
May 12, 2023 05:00 - 12 minutes - 11.4 MBAbandonware is a product, typically software, ignored by its owner and manufacturer, and for which no official support is available. Within an intellectual rights contextual background, abandonware is a software (or hardware) sub-case of the general concept of orphan works. Museums and various organizations dedicated to preserving this software continue to provide legal access. The term "abandonware" is broad, and encompasses many types of old software. Definitions of "abandoned" vary, but...
Judicial remedies (2023): Reliance damages + Statutory damages + Treble damages
May 11, 2023 05:00 - 11 minutes - 10.1 MBReliance damages is the measure of compensation given to a person who suffered an economic harm for acting in reliance on a party who failed to fulfill their obligation. If the injured party could go back in time, they should be indifferent to entering into the contract that would be breached and receiving the reliance damages as opposed to not entering into any contract with the breaching party. The injured party should be put in a substantially similar situation position as they would have...
Criminal law (2022): Defenses to liability
May 10, 2023 05:00 - 10 minutes - 9.44 MBIn a civil proceeding or criminal prosecution under the common law or under statute, a defendant may raise a defense in an effort to avert civil liability or criminal conviction. A defense is put forward by a party to defeat a suit or action brought against the party, and may be based on legal grounds or on factual claims. Besides contesting the accuracy of an allegation made against the defendant in the proceeding, the defendant may also make allegations against the prosecutor or plaintiff...
Wills (2023): Insane delusion + No-contest clause
May 09, 2023 05:00 - 6 minutes - 6.3 MBInsane delusion is the legal term of art in the common law tradition used to describe a false conception of reality that a testator of a will adheres to against all reason and evidence to the contrary. A will made by a testator suffering from an insane delusion that affects the provisions made in the will may fail in whole or in part. Only the portion of the will caused by the insane delusion fails, including potentially the entire will. Will contests often involve claims that the testator w...
Family law (2023): Marriage and other unions and status: Cohabitation (Part One)
May 08, 2023 05:00 - 17 minutes - 16.3 MBCohabitation is an arrangement where people who are not married, usually couples, live together. They are often involved in a romantic or sexually intimate relationship on a long-term or permanent basis. Such arrangements have become increasingly common in Western countries since the late 20th century, being led by changing social views, especially regarding marriage, gender roles and religion. More broadly, the term cohabitation can mean any number of people living together. To "cohabit", ...
Intellectual property (2023): Trademark (Part Four)
May 05, 2023 05:00 - 13 minutes - 12 MBDomain names. The advent of the domain name system has led to attempts by trademark holders to enforce their rights over domain names that are similar or identical to their existing trademarks, particularly by seeking control over the domain names at issue. As with dilution protection, enforcing trademark rights over domain name owners involves protecting a trademark outside the obvious context of its consumer market, because domain names are global and not limited by goods or service. Thi...
Judicial remedies (2023): Incidental damage + Consequential damages + Liquidated damages
May 04, 2023 05:00 - 12 minutes - 11.5 MBIncidental damages. Incidental damages refers to the type of legal damages that are reasonably associated with, or related to, actual damages. In American commercial law, incidental damages are a seller's commercially reasonable expenses incurred in stopping delivery or in transporting and caring for goods after a buyer's breach of contract, (UCC Sec. 2-710) or a buyer's expenses reasonably incurred, for example, searching for and obtaining substitute goods. (UCC Sec. 2-715(1)). Consequen...
Criminal law (2022): Crimes against the state: Subversion (Part Two)
May 03, 2023 05:00 - 11 minutes - 10.1 MBEconomics. Economics can be both a tool of the internal and external subversive. For the external subversive, simply cutting off credit can cause severe economic problems for a country. An example of this is the United States' relations with Chile in the early 1970s. In an attempt to get Salvador Allende removed from office, the United States tried to weaken the Chilean economy. Chile received little foreign investments and the loss of credit prevented Chile from purchasing vital imports. E...