Lessons: 2L-3L Upper Level Lesson Topics
Copyright Law may seem shrouded in mystery: how can you create, transfer, and protect property interests in something intangible? This lesson provides an overview of how it is done, focusing on copyright protection for music. This focus takes advantage of the multimedia capacity of the program; for example, you can listen to two musical works to determine whether one infringes the other, and you can listen to the parody version of "Pretty Woman" that figured in a decision of the United States Supreme Court. Students familiar with copyright law will find many resources beyond those they studied in class. Hypertext links take you to cases and statutes, and addresses are provided for web sites where you can obtain additional information.
This lesson is an introduction to the principles governing copyright infringement. After completing this lesson, you will be familiar with the standard used to determine liability for copyright infringement. Specifically, the lesson will introduce the elements necessary to support a claim of copyright infringement, which include assessments of copying, access, probative resemblance, striking similarity, improper appropriation, and substantial similarity.
This lesson deals with how trademark protection may be lost by abandonment, i.e. the discontinued use of a mark, the licensing of a mark in gross or an assignment of a mark in gross. This lesson is intended to be used as a supplement to the student's course material. It analyzes several issues that arise from the non-use or limited use of a mark, the licensing or assignment of a mark, as well as the considerations that follow the resumption of use of an abandoned mark.
This lesson can be used in a Family Law or Constitutional Law course, as preparation for class or as review for an exam on the topic of Abortion.
This lesson builds on the concepts that you may have been introduced to in Professor Robert Lind's lesson on the classification of marks, e.g., generic marks, descriptive marks, suggestive marks, arbitrary marks, and fanciful marks. Specifically, this lesson will concentrate on the validity of a mark for trademark protection purposes when the trademark or trade dress is not inherently distinctive. So, after completing this lesson, you should be able to identify and then analyze when a trademark or trade dress may receive trademark protection even though the mark or dress is not inherently distinctive. For your information, in most respects trademarks and trade dress are treated similarly, if not the same, by the Lanham Act. In only a few evidentiary situations will trademarks and trade dress be distinguished; for example, when determining whether a source identifier is inherently distinctive or not. This principle will be explained fully in the Trade Dress lesson.
The purpose of this lesson is to examine how administrative agencies create "rules," particularly in adjudicative contexts. The goal is to contrast so-called "legislative procedures" with "adjudicative procedures," and then to examine the scope and limits of adjudicative authority. The lesson is intended for students who have studied these issues in class and wish to refine their knowledge.
The concept of "present value" is derived from the fact that any given sum of money has the capacity (if properly invested) to earn additional money over time. Indeed, it is this inherent earning power of money that gives rise to the requirement in most jurisdictions that "present value" adjustments must be made in every situation where damages representing future pecuniary losses are awarded. Part I of this Lessonette® tutorial is designed to explain why certain types of damage awards must be adjusted to their "present value," and to demonstrate precisely how those adjustments are actually calculated. The Lessonette also examines a variety of individual factors that should be taken into consideration in performing various types of "present value" adjustments. This Lessonette tutorial is intended for those students who already have a good working knowledge of the concept of pecuniary damages, including the various individual components of such damages, as well as how they are measured.
Part II of this Lessonette exercise addresses the related concept of adjusting future pecuniary damage awards to account for the potential effects of future economic inflation. This portion of the Lessonette examines in detail three specific methodologies for making such adjustments that were expressly articulated by the U.S. Supreme Court in its decision in Jones & Laughlin Steel Corp. v. Pfeifer, 462 U.S. 523, 76 L. Ed. 2d 768, 103 S. Ct. 2541 (1983).
This Lessonette is considerably longer than most CALI lessons, as it really contains two distinct portions, either of which can be completed separately, or at different sittings. However, the Lessonette as a whole is designed to be completed in its entirety, since adjustments to any future pecuniary damage award generally must take into account both the concept of "present value" as well as that of future inflation.
Students who are unfamiliar with any of the basic underlying damages concepts that are addressed in this Lessonette should consult subject-specific CALI lessons on damages before proceeding with this Lessonette. Finally, it should also be noted that although this Lessonette does address a number of specific mathematical formulas by which present value and related future inflation adjustments are made, students need not possess any high level of mathematical or computational skills beyond the most basic math proficiency to successfully complete this Lessonette.
This lesson deals with the topic of administrative inspections. Governmental officials conduct inspections in a variety of contexts. Some of these inspections are conducted by the police. Others are conducted by special administrative officials charged only with the task of carrying out certain administrative tasks. As we shall see, the United States Supreme Court has developed special rules governing such inspections. In this lesson, we examine those special rules in depth. This lesson is designed for students who have studied these issues in class and who wish to further refine their knowledge.
Many administrative agencies have their own judicial structures (often referred to as "quasi-judicial" structures). In this lesson, we examine the development of one type of judge used in those structures, the so-called administrative law judge. This lesson is intended for students who have studied these issues in class and who wish to further refine and develop their knowledge.
This lesson explores the countless "administrative" searches governed by the Fourth Amendment that occur every day without warrants or probable cause, in public schools, jails and prisons, factories and offices, and at vehicle checkpoints and border crossings. It examines the US Supreme Court's "balancing methodology" applied to these non-traditional "special needs" searches in the context of drug testing, searches in prisons and jails, vehicle inspections and checkpoints, and border searches. The lesson has separate units for each of these subjects and concludes with an essay question.
This lesson will cover the general area of adoption law and is designed as an introduction for those students who have not studied the subject and as a review for those students who have.
This lesson reviews the general law of alimony. It focuses on the differences between alimony and property distribution; the gender implications, justifications, eligibility, amount and duration of alimony; the forms of alimony; and alimony modification. This lesson does not discuss compensatory spousal payments under the American Law Institute's Principles of the Law of Family Dissolution, which are addressed in a separate CALI lesson.
This lesson is an analytical guide to the study of two major aspects of evidence: relevance and hearsay. The vehicle used by this guide is a step by step, nine question analysis, applicable to any admissibility of evidence problem. This lesson should help one determine whether any item of evidence is admissible under the rules of evidence pertaining to relevance and hearsay. The answers to the first four questions determine whether any item of proffered evidence is admissible under the two components of relevancy: logical and legal relevancy. If the evidence in question is a statement, then the answers to questions five through nine will determine whehter the evidence is admissible under the rules of hearsay.
When a preliminary or temporary injunction has been entered against a defendant, and the defendant believes that injunction is wrongfully issued, he has three choices in resisting the injunction: disobey and risk contempt; move to modify or terminate; or appeal.
This lesson explores that third option. Students may use this lesson for a basic tutorial on the subject by clicking on the links for research, which provide background instruction, or if students have studied this material elsewhere, they may test their knowledge by simply answering the questions provided without getting any hints. The lesson will focus primarily on the rules as they apply in the federal courts. While many (if not most) states have a similar approach to the federal system, students are advised to carefully research their own state's law regarding appeal of injunctions.
There are five exercises designed to give students a basic understanding of what arbitration is and how it is conducted. The first three exercises are useful for preparing students to conduct in-class mock arbitrations in several substantive courses and offer students the opportunity to compare and contrast the effect of arbitrating a simple consumer/construction contract dispute where: 1) there is no arbitral organization or rules, 2) Better Business Rules govern, and 3) American Arbitration Association Small Claims Rules govern.
The fourth and fifth exercises are optional and more complicated, involving disputed sales and real estate brokerage commissions respectively. Both exercises are conducted under the Commercial Rules of the American Arbitration Association. They explore the differences between ad hoc arbitration agreements and those governing future disputes. Moreover, they introduce the relationship between arbitral tribunals and courts which may be called upon to compel arbitration and/or enforce awards.
This lesson explores the protection of architectural works (building designs) both under the 1976 Copyright Act and after adoption of the Architectural Works Copyright Protection Act of 1990. It assumes familiarity with the rules applicable to useful articles, the idea-expression dichotomy, and basic copyright infringement analysis, including its application to selection and arrangement compilations. It can be used either as a stand-alone treatment or to supplement in-class discussion when constrained by time.
This lesson examines the definition of a partnership. It highlights the definition of a partnership and how it differs from the sole proprietorship (the only other business organization that exists without first satisfying formal filing requirements).
It details the characteristics (factors) examined when answering the factual question: Is this a partnership or something else?
The answer to this question is important because different answers may give rise to different legal consequences. If there is a partnership, the parties are partners with the resulting rights and obligations. If there is no partnership, the parties have a different relationship--perhaps employer/employee (principal/agent) or debtor/creditor--with different rights and obligations.
This lesson integrates agency law and partnership law to develop an understanding of the authority partners possess to bind the partnership. The lesson explores the actual and apparent authority of partners and the possibility of inherent agency power in the partner context.
This lesson discusses the power that an agent (or apparent agent) has to affect the legal rights of the principal. In general, an agent or apparent agent may affect the principal's legal rights only to the extent that the agent possesses the authority or the power to do so. This lesson provides an introduction to the three basic types of authority -- actual authority, apparent authority, and inherent agency power.
The lesson will review the three most significant automobile search standards: the automobile exception, searches of automobiles incident to arrest, and inventory searches of automobiles.
This lesson reviews some of the concepts needed to understand the patent law doctrine of "nonobviousness" (Section 103 of the Patent Act). Before completing this lesson students should be familiar with the doctrine of novelty under Section 102 of the Act.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson introduces students to the Federal APA with special emphasis on (1) mapping the relationship of its parts and (2) closely examining the text of the principal sections.
This lesson reviews the standards for discipline and the interpretive case law by examining a series of cases in which considering whether the conduct alleged falls under the definition of misconduct (using Model Rule 8.4). Some procedural and constitutional aspects of discipline are examined as well. The lesson can be used as preparation, review or substitution for class coverage of this topic.
This lesson deals with the problem created by the Battle of the Forms. At common law, the mirror image rule requires an acceptance to be exactly like the offer. The rule is reversed under the Uniform Commercial Code, however. Under UCC § 2-207, an acceptance is still an acceptance even though it states different or additional terms from the offer. This lesson will explore the effect of such different or additional terms and when they are operative. This lesson can be worked as an introduction to the Battle of the Forms or as a review. This lesson may be a more in-depth study of UCC § 2-207 than many first year contracts courses require. However, prior to working this lesson, you should have an understanding of offer, acceptance and mutual assent.
This exercise is designed to guide the student through the basics of the best evidence/original document rule under the federal rules. The exercise progresses logically through the rule. In order, it looks at the definition of “writing, recording, or photograph,” the concept of proving “content of a writing,” the definition of “original” and “duplicate,” proof of “collateral” matters, material in possession of the opposite party, computer printouts, compilations, secondary evidence (Is there a “second best evidence” rule?), and the division of function between the judge and jury.
The exercise does not touch on Public Records (FRE 1005) or on Testimony or Written Admission of Party (FRE 1007). These are left for students to read on their own.
This exercise is designed to introduce the student to the "bottom line" defense rejected by the Supreme Court in Connecticut v. Teal. The exercise explores the circumstances of disparate impact claims and affirmative action programs under which the "bottom line" defense usually arises and the arguments involved. The use of "bottom line" evidence, sometimes used in disparate treatment litigation, is also explained and distinguished. Some understanding of basic discrimination theory (disparate treatment and disparate impact) is helpful in understanding the lesson.
This lesson introduces the federal and state securities laws regulating business finance. The lesson is designed for students taking Business Associations or Corporations, so the coverage is fairly basic; this lesson is not intended to be used by Securities Regulation students.
The lesson is modular. The core of the lesson focuses on federal securities law restrictions on the public offering of securities—the federal registration and prospectus delivery requirements and the accompanying restrictions on communications and sales activities. In addition to this core material, the lesson contains additional, optional sections dealing with the definition of "security," exemptions from the federal requirements, the anti-fraud provisions of federal securities law, and state securities law.
These additional modules are designed so they may be assigned or completed as needed. They are independent of all but the core material in the lesson.
This exercise introduces users to the principal provisions of the California Probate Code which governs intestacy. It also illustrates the application of those provisions to typical fact situations. The exercise explores inheritance by descendants, ancestors and collateral heirs in the context of both separate, community and quasicommunity property. Finally, the program explores subsidiary problems of inheritance such as the rights of posthumous heirs, adopted heirs, illegitimate children, foster-children, the slayer of the decedent and the treatment of the simultaneous death problem.
These interactive problems are intended to be used with CANINE Chapter 10 (The Need for Value and Debtor's Rights in the Collateral), but they also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 11 (Enforceability in Consumer Transactions), but they may also be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 12 (Perfection Generally), but they also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 13 (Overview of Perfection by Filing), but they also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 14 (The Nitty Gritty of Filing), but they also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended for use with CANINE Chapter 15 (Perfection by Possession), but they also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended for use with CANINE Chapter 16 (Perfecting Security Interests in Proceeds and Other Later-Acquired Property), but also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 17 (Perfection as to Goods Subject to Certificate of Title Legislation), but they also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 18 (Perfection by Doing Nothing -- Automatic Perfection), but also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 19 (Perfection Pursuant To Federal Law), but also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 20 (Perfecting Security Interests in Fixtures and Other Real Estate Related Collateral), but they also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 21 (Perfection As To Investment Property), but they also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 22 (Perfection as to Deposit Accounts, Letter of Credit Rights and Electronic Chattel Paper), but they also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 23 (Continuing Perfection -- The Need to Reperfect (or Refile), but also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 24 (Continuous Perfection -- Changes as to the Use of the Collateral or the Location of the Collateral or the Debtor; Security Interests in Proceeds), but they also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 25 (The How and Why of Priority), but also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 26 (Secured Party Versus Lien Creditor and Trustee in Bankruptcy), but they also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 27 (Secured Party Versus Buyer), but they also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 28 (Secured Party Versus Secured Party), but also may be used alone. Chapter 29 continues the treatment of priority disputes between and among secured parties.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 29 (Secured Party Versus Secured Party Continued), but they also may be used alone. Problem Set 28 also deals with disputes between and among secured parties.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 3 (The Nature of Secured Credit under Article 9), but also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 30 (Secured Party Versus Trustee in Bankruptcy), but they also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 31 (Secured Party Versus Statutory Liens Including Federal Tax Liens), but also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 32 (Fixtures Priorities), but also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 33 (Secured Party's Options on Default), but they also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 34 (Getting Possession of the Collateral), but they also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 35 (Disposition of Collateral), but may also be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 36 (Acceptance in Full or Partial Satisfaction of the Debt), but they also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 37 (Foreclosure as to Intangibles), but they also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 38 (Remedies for a Secured Party's Failure to Comply with Article 9), but they also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 39 (Enforcing Security Interests in Bankruptcy), but they also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are to be used with CANINE Chapter 4 (Scope of Article 9), but they may be used alone also.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are to be used with Chapter 5 (Classification of Collateral), but also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended for use with CANINE Chapter 6 (Choice of Law), but also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 7 (Creating an Enforceable Article 9 Security Interest), but also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are intended to be used with CANINE Chapter 8 (The Specifics of Enforceability -- A Security Agreement Authenticated by the Debtor or Its Legal Equivalent), but also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
These interactive problems are to be used with CANINE Chapter 9 (Specifics of Enforceability -- After-acquired Collateral, Future Advances, Transferred Collateral and Proceeds, and the New Debtor Problem), but they also may be used alone.
To see the entire textbook - CANINE: Complete Article Nine, click here.
CANINE (The Complete Article Nine) is a unique set of learning materials designed to assist both law students and lawyers to be effective Article 9 practitioners. It consists of a comprehensive collection of text and interactive problems modeled after a conventional casebook or treatise. The text is designed to be used with a commercially available set of commercial law statutes. The online version has the same content as found in the hardcopy, but in addition it provides hyperlinks that allow users to pull up statutory and secondary references and a keyword search capability.
The interactive problem sets found at the end of each chapter are likely to be the most valuable section for students, and may be done as stand-alone exercises. In the online version they provide the immediate feedback that is so important for effective learning. The tailoring of feedback to fit a user's level of expertise and understanding allows a user to proceed at his or her own pace and to reexamine questions and feedback as the user may wish.
This exercise deals with attack and support of the character of parties, victims, and witnesses; the use of reputation and opinion testimony as character evidence; and the admissibility of other crimes, wrongs, or acts as evidence falling outside the general ban on character evidence.
Part of the exercise is a simulated trial in which students are asked to decide whether to object to certain questions asked on direct or cross-examination. In a subsequent section, students play the role of judge and rule on objections. Other sections of the exercise require students to respond to questions about factual hypotheticals.
This exercise helps you to learn how to characterize a remedy as legal or equitable. This is a significant characterization, as many important substantive and procedural rights can turn on this characterization. This lesson is probably best studied in conjunction with a course in Equity or Remedies, though one can use the lesson for independent self study of the topic. You may want to study the CALI lessons History of Equity and Equitable Remedies - An Overview first. By the end of this lesson, you should be able to identify the characteristics of equity.
In this lesson, we explore issues relating to the United States Supreme Court's landmark decision in Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984). In that case, the Court suggested that courts should "defer" to an administrative agency's interpretation of its governing statute under certain circumstances. The lesson examines the concept of deference, its consistency with other legal principles (e.g., the Court's landmark decision in Marbury v. Madison), the meaning and limits of deference, and the various types of deference (e.g., Skidmore deference as contrasted with Chevron deference). The lesson is intended for students who have studied these issues in class and who wish to refine and expand their knowledge.
This lesson is intended to be used as both an introduction to Child Custody Jurisdiction and as a review for students who have already studied the material.
This lesson explores the standards for modifying child custody orders and the policies underlying same. It is an introductory lesson and assumes an understanding of the issues involved in making an initial custody decree. This lesson should be worked, for review and reinforcement, after the topic has been covered in class. The lesson may also serve as a substitute for covering this topic in class, as long as the student has covered the more general topic of initial custody decision making. The lesson does not cover interstate jurisdiction or relocation (moving the child out of the jurisdiction). Those topics are covered in other lessons.
This lesson reviews the guidance provided to attorneys by the Model Rules of Professional Conduct on selecting, rejecting or withdrawing from the representation of clients. The Model Rules studied in particular are Rules 1.16 and 6.2. Each section can be studied separately.
This lesson is first in a series that takes a look at the basics of agreements governed by the U.N. Convention on the International Sale of Goods (CISG). The CISG provides a uniform set of rules for international sales contracts where the parties are located in different signatory countries. While some of the rules parallel those under the common law and Article 2 of the U.C.C., many are different. This lesson sets out the basic requisites for determining when the CISG applies and evaluating contracts governed by the CISG. The general attributes of domestic contracts and other CISG contracts are covered in other lessons.
This exercise provides a comprehensive review of federal environmental citizen suits, focusing on the citizen suit provision of the Clean Water Act. The student is presented with a series of hypothetical violations of the Clean Water Act and is asked questions regarding whether judicial review is available under the citizen suit provision of the Act for those violations, the jurisdictional or procedural limits that are placed on review, and limits on the type of relief that is available.
This lesson considers the special classification issues associated with pensions, professional licenses and goodwill, personal injury and workers' compensation awards, and life insurance. The student should have a general understanding of the distinction between marital and separate property before working this lesson. The lesson can be used as an introduction to or review of the materials covered. It also works well as an independent lesson.
This Lessonette® exercise will introduce you to the technology-based emissions limitations for the criteria air pollutants that apply to stationary sources regulated under the Clean Air Act. It can act as an introduction to the subject, or you can use this Lessonette interactive tutorial as part of a review of Clean Air Act stationary source regulation at the end of your studies of the Clean Air Act or before your final exam. No outside resources are required to complete this Lessonette exercise. However, this Lessonette assumes that you are already familiar with Clean Air Act "stationary sources" in general; if you aren't, you should complete the Lessonette entitled "Regulated Sources Under the Clean Air Act" before continuing this Lessonette.
This Lessonette® exercise will introduce you to the technology-based emissions limitations that apply to stationary sources regulated under the Clean Air Act that emit hazardous air pollutants (HAPs). It can act as an introduction to the subject, or you can use this Lessonette interactive tutorial as part of your review of Clean Air Act stationary source regulations at the end of your studies of the Clean Air Act or before your final exam. No outside resources are required to complete this Lessonette exercise if you connected to the web as you complete it. Otherwise, you will need the list of hazardous air pollutants found at section 112(b)(1) of the Clean Air Act, 42 U.S.C. section 7412(b)(1).
This Lessonette assumes that you already understand the differences between Clean Air Act stationary sources and Clean Air Act mobile sources. If this distinction is unfamiliar to you, you should complete the Lessonette entitled "Regulated Sources Under the Clean Air Act" before completing this Lessonette.
This lesson can serve as either a comprehensive introduction to, or a comprehensive review of, the elements of Clean Water Act jurisdiction. It refers to cases that you may have studied in your Environmental Law course, but knowledge of the cases is not required in order to complete the lesson. In addition, no prior knowledge of the Clean Water Act itself or of the implementing agency regulations is necessary in order to complete this lesson, although the lesson can also reinforce your understanding of the elements of Clean Water Act jurisdiction if you have already studied those elements.
Finally, this lesson allows you to improve your skills in looking up statutory provisions, if you so desire. If you wish to use the Statute Look-Up mode of this lesson, you should have with you a copy of the Clean Water Act before you begin. You will not need any regulations in order to complete the Statute Look-Up mode.
If you do not have a copy of the statute, or do not wish to look up the relevant provisions of the Clean Water Act, this lesson will supply all of the statutory language that you need.
In this podcast, Prof. Craig offers students tips on mastering statutory courses, with particular focus on Clean Water Act jurisdiction. This podcast complements Prof. Craig's CALI lesson on the same topic.
This lesson is an introduction to the types of Clean Water Act permits, the terms of a permit, and the effect of a permit. It can function either as an initial introduction to this subject or as a review of material covered in class.
However, this lesson will make more sense if the student is already familiar with the basics of Clean Water Act jurisdiction. It is therefore recommended that the student review Clean Water Act jurisdiction or complete the lesson entitled "Clean Water Act Jurisdiction" before attempting this lesson.
This lesson reviews problems in client identification. The lesson is in the form of a game show CLIENT OR NOT?! in which students are presented with an individual who is claiming to be a client. The student may choose the type of liability/responsibility they wish to risk in giving their answer (Competence, Confidentiality or Conflict of Interest). They then will be asked under the circumstances raising that issue whether the individual is a client. Students may proceed through the entire lesson reviewing client identification under one or all of these three issues.
Cohabitants may litigate to obtain property, support, a share of an estate, or for derivative benefits such as wrongful death or survivor's benefits. This lesson reviews theories of recovery for cohabiting couples who were not formally married.
The lesson explores contract, quasi-contract and equitable theories of recovery such as constructive and resulting trusts, quantum meruit, promissory estoppel and implied contract. Note that not all states allow all remedies reviewed in this lesson.
This lesson does not cover domestic partnerships or common law marriage.
The lesson can be used as an introduction to the materials or for review.
This lesson explores the Lanham Act provisions governing federal registration of collective marks and certification marks.
This lesson focuses on issues related to the commencement of legislative rulemaking proceedings. Accordingly, it focuses on how such proceedings are commenced and by whom. It also focuses on rules that are exempt from rulemaking requirements. This lesson is intended for students who have studied these issues in class and wish to refine and further their knowledge.
Focusing on the Clean Water Act and the Endangered Species Act, this lesson gives a brief overview of the ways in which federal environmental and natural resources law can raise issues regarding the federal government's constitutional authority to regulate pursuant to the Commerce Clause of the U.S. Constitution. In particular, it looks at the possible limitations on the federal government's Commerce Clause authority as a result of the U.S. Supreme Court's 1995 decision in United States v. Lopez and as a result of federalism and land use considerations.
This lesson consists of 12 questions. Students should have some familiarity with the federal Endangered Species Act and the federal Clean Water Act before beginning this lesson.
This lesson covers characterization of commingled property at divorce. It covers tracing, transmutation, differentiation between income and passive appreciation and other rules regarding characterization of commingled property as marital or separate.
Computation of the separate and marital portions of mixed pensions, a common asset of divorcing parties, involves complex issues that are beyond the scope of this lesson.
Before beginning this lesson, students must have a good understanding of the difference between community or marital and separate property, and the principles of equitable distribution. It is recommended that students first complete the lesson on property division at divorce.
Note - Some states treat all property owned by either spouse, no matter how or when it was acquired, as marital. This lesson does not apply to states that do not differentiate between marital/community and separate property. Nor does it apply to states that treat all commingled property as marital or community.
This lesson deals with the "committed to agency discretion" exception to judicial review. Under the federal Administrative Procedure Act, courts tend to assume that administrative action is subject to review. However, there are several situations when courts will decline to exercise their review authority. One of those situations is the subject of this lesson: when administrative action has been committed to agency discretion by law. This lesson is intended for students who have studied these issues in class and who wish to further refine their knowledge and understanding of these issues.
The goal of this lesson is to introduce you to the basics of conducting company and industry research. Company research is the process of gathering information about a specific company. Once you have information about a company, you may need to know how that company is faring within its industry. Industry is a group of companies that produce similar products or provide similar services. Companies within an industry can be compared to one another or an analysis of the industry itself can be done to see how it is faring.
This is the first in a series of lessons on the topic of "Compensatory Damages." It is designed as an "Introduction" to the overall concept of "compensatory damages" as well as to the key terminologies that are typically associated with these types of damages. For beginning law students, this Lesson should be completed first, before proceeding to any other Lessons that address more complex damages issues, as it contains a thorough presentation of the various terminologies and concepts that are unique to this specialized area of the law. Advanced law students may wish to use this Lesson as a review of these same basic "Damages" terminologies, either in preparation for other courses in which substantive Damages issues may be presented, or as a more general review. In either case, it is recommended that students proceed through this Lesson in the sequence presented, to gain a better understanding of the inter-relationships that exist among the various individual Damage-related terms and concepts.
This lesson deals with a topic more commonly known as alimony, spousal support, or maintenance. Its focus is Chapter 5 of the American Law Institute Principles of the Law of Family Dissolution. This is an introductory lesson. It assumes you have spent little or no time discussing this material in class.
The lesson is divided into three parts:
- Part I contains introductory provisions.
- Part II concentrates on awards based on disparate spousal earning capacity (ALI Topic 2 awards).
- Part III concentrates on awards based on reimbusement and rescission (ALI Topic 3 awards).
This lesson addresses the protection afforded to compilations (including collective works) under United States copyright law. It deals with the issues of what constitutes sufficient originality (including special focus on factual compilations) and the extent and ownership of the resulting copyright (in particular, as regards collective works). It assumes a general understanding of the originality requirement and basic copyright infringement analysis. The lesson can be used either as supplemental, more detailed coverage when class time permits only passing treatment of the topic or as a followup to in-class discussion to confirm and reinforce understanding.
This lesson explores some of the rules surrounding police searches based on a citizen's consent. Students will be able to critically examine the law and the policies that permit consent searches under certain circumstances.
This lesson discusses the role of federal preemption in the implementation of environmental law. Specifically, when do federal environmental and natural resources statutes preempt, or displace, state laws on similar subjects? When are states free to enact their own environmental protections? What is the relationship between federal environmental law and state torts?
This lesson consists of 15 questions and is intended to work both as a review for students who have already studied these issues and as introduction for students new to the concept of federal preemption in environmental law.
This lesson is an examination of the constitutional law aspects of Family Law. It builds upon lessons which provide a review of Constitutional Law in the Family Law context, but is much more detailed. It is intended as a supplement and review of constitutional doctrine as it occurs in specific Family Law areas such as marriage, divorce, parenting, procreation, sexuality, the rights of minors, and end-of life issues.
This lesson provides a graphic exploration of the complex and ambiguous placement of the administrative process in our constitutional scheme and the relationship of that process to the legislative, executive and judicial branches.
This lesson is intended as an overview of Constitutional Law principles that are important in Family Law. It can be used at the beginning of the Family Law course as a refresher of Constitutional Law. It can also be used during the course to clarify general constitutional doctrine. This lesson is related to two other lessons regarding constitutional aspects of Family Law.
This lesson is intended as an overview of Constitutional Rights that are important in Family Law. It can be used at the beginning of the Family Law course as a refresher, or during the course to clarify general doctrine, or at the end of the course as review.
This lesson has two related lessons. Constitutional Powers and Structures Review for Family Law is an overview of the "structures" rather than the "rights" portions of Constitutional Law. The Constitutional Aspects of Family Law is a more extensive lesson which examines the constitutional dimensions of specific areas such as marriage, divorce, parenting, procreation, contraception, sexuality, and other issues.
This lesson provides a review of the constitutional requirements for standing in federal courts that citizen plaintiffs must fulfill in order to bring environmental citizen suits in the federal courts. These requirements apply to citizen suits brought pursuant to either citizen suit provisions in specific environmental or natural resources statutes, such as the Clean Water Act and the Endangered Species Act, or the federal Administrative Procedure Act.
This lesson assumes that students have already studied standing in their Environmental Law or Administrative Law courses.
This lesson provides an overview of both criminal and civil contempt. It includes both direct and indirect contempt, as well as compensatory civil contempt and coercive civil contempt. It covers the differences among these types of contempt in their function and procedures and explores why it is important to distinguish among them.
This lesson examines the two types of secondary liability in copyright law -- contributory infringement and vicarious liability. Before attempting this lesson, students should be familiar with the exclusive rights that belong to a copyright owner, and should understand the concept of direct infringement. Note: This lesson was written while the Supreme Court was still considering MGM Studios, Inc. v. Grokster, Ltd., cert. granted, 125 S. Ct. 686 (2004), the outcome of which may alter the standard for contributory infringement.
This lesson will introduce you to the GNU/Linux operating system and its interaction with Copyright Law.
You can complete this lesson without any exposure to the law of copyrights, but the other CALI lessons on copyright will explore basic copyright concepts. This lesson will be helpful to students studying concepts of ownership in the copyright context. After this lesson and the model answers to the essay questions, you will understand the interaction between current copyright and licensing law and the open source movement's freedom.
This lesson gives the basics of copyright and trademark research, including historical background, statutes, regulations, cases, secondary sources, international materials, and current awareness tools.
This lesson deals with copyright duration, an arcane, technical and somewhat laborious subject that is not always covered in depth in copyright law or intellectual property law courses. Therefore, it is assumed that this is the student's initial exposure to the subject matter. Nevertheless, copyright duration is one of the few areas of copyright law that is filled with certitude. After divining the relevant background information concerning the creation of a work, including manner of authorship responsible for creating the work, the specific date on which copyright protection for a work has or will end can be determined. Only copyright duration under United States copyright law is addressed.
This lesson covers some of the basic formalities of copyright: notice, registration, and deposit. Attention is given to changes wrought by the 1976 Act and the Berne Convention Implementation Act.
This lesson introduces the user to the copyright issues that pertain to sound recordings. The lesson illustrates the difference between sound recordings and other works, the nature of the exclusive rights granted to the owners of sound recording copyrights, some of the problems resulting from the interaction of sound recording copyrights with other copyrights, and key limitations on sound recording copyrights. Users should have knowledge of basic copyright principles before using this program.
This lesson focuses on state corporation law restrictions on distributions to shareholders. It does not cover restrictions on distributions arising from other sources, such as contractual restrictions, the law of fraudulent conveyance, or federal bankruptcy law.
The lesson begins with a brief look at the required procedure to approve corporate distributions, then turns to the types of distributions covered by the legal restrictions, focusing primarily on the definition of "distribution" in the revised Model Business Corporation Act. The majority of the lesson deals with the various cash flow and balance sheet tests used to restrict distributions. The focus is on the revised MBCA and Delaware law, but earned surplus restrictions are also discussed. A separate section of the lesson discusses complications: revaluation of assets and liabilities, restating the corporate capital accounts, the effect of preferential rights, and timing issues that arise primarily when debt is distributed. The lesson also discusses the possible liability of directors for authorizing, and shareholders for accepting, unlawful distributions.
No prior knowledge of accounting is necessary for this lesson. The lesson includes a brief, minimalist introduction to the necessary accounting concepts; that material may be bypassed by students with sufficient knowledge of accounting concepts.
This lesson examines a subset of the fiduciary obligations of directors and officers--their duty of loyalty to the corporation--the Corporate Opportunity Doctrine.
Directors and Officers have a fiduciary obligation NOT to appropriate certain business opportunities for personal gain. This lesson will set out a framework for determining (1) whether a business opportunity is a "corporate opportunity" and (2) if it is a "corporate opportunity", a procedure by which a director or officer may pursue it without risking liability.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson will review general principles of custody disputes including terminology and factors used in resolving custody disputes. Separate lessons will cover custody jurisdiction, modification, and visitation.
The definition and location of customary international law is a difficult research task. This lesson begins by defining customary international law and placing customary international law into context through historical examples. Two research strategies for locating custom will be introduced. The first strategy is to locate pre-defined custom using a source that discusses state practice that has risen to the level of custom. The second and more complex strategy involves searching directly for evidence of customary international law.
This lesson deals with the basic and specific measures of damages recoverable for tortious injuries to the interest in use and enjoyment of personal property. Students will be acquainted with conceptual and pragmatic problems of valuing the interest in use and enjoyment of personal property. The several methods used by the courts for valuing the interest are explored in the context of concrete problems. Topics include: cost of renting a substitute, inconvenience, the earning power that the chattel holds, and monetary interest calculated upon the value of the chattel.
This lesson deals with basic and specific measures of damages recoverable in torts for harms to the interest in maintaining the physical integrity of personal property. Invasions of this interest are distinct from invasions of the interest in exclusive possession and the interest in use and enjoyment, and the law of damages reflects the differences. In order to deal effectively with the differences, separate lessons treat the interests in possession and use and enjoyment. The substance of causes of action available in torts for recovering damages is not treated here.
Before working in this lesson the student should complete the lessons on General Concepts of Damages in Torts and Fundamentals of Damages for Harms to Personal Property.
This lesson deals with basic and specific measures of damages recoverable for tortious invasions of the interest in exclusive possession of personal property.
The student will be presented with concrete situations in which to consider application of rules and concepts of the law of damages. Analytically, invasions of the interest are separated into permanent deprivations and temporary deprivations and the different rules applicable to the two different contexts are explored.
Coverage of the topic includes introduction to the problems of: determining the relevant market for reference in valuing the chattel; valuing chattels which have fluctuating value; ascertainable value and the relevance of that term to the issue of whether prejudgment interest on the value of the chattel should be included as damages; rental value as a measure of loss of use; recoverability of damages for emotional distress for the deprivation, among others.
Before working on this lesson, the student should complete the lessons on General Concepts of Damages in Torts and Fundamentals of Damages for Harms to Personal Property. Basic and specific measures of damages recoverable for tortious invasions of the interest in exclusive possession of personal property.
This lesson deals with basic principles and measures of damages recoverable for harms to real property. The analysis to which students will be acquainted examines the harms in the context of three categories of interests to be protected by the law of damages. Those categories, which are separately treated in the lesson, are exclusive possession, physical integrity and use and enjoyment. The student will be given an opportunity to apply the principles and measures to concrete situations, some of which will raise issues about whether the principles and measures work well to protect the interests under examination. The lesson assumes the student is familiar with basic concepts of damages and has completed the lesson of that title.
This lesson covers the common law rules and various statutory approaches governing recovery of damages for injuries resulting in death. Questions and problems in the lesson consider the circumstances under which and the extent to which damages are available to protect the interests of persons who die as a result of tortious injuries and the interests of the survivors of those persons.
Students working on the lesson are required to solve problems by parsing and applying statutory language of survivor statutes and wrongful death statutes drawn from eleven different states. In one question, students are invited to construct their own statutory provision to address a problem of coordination between survival and wrongful death statutes.
Students who successfully complete the lesson will have a good working grasp of the different interests addressed by survival statutes and wrongful death statutes; how to calculate damages under each; and the limitations upon recovery that such statutes are likely to contain. Completion of the lesson on Damages for Personal Injuries prior to working on this lesson is highly recommended.
This lesson covers the general principles and basic measures governing the remedy of damages for personal injuries. It explores issues and problems that confront a person seeking the damages remedy to address tortiously-inflicted physical harm.
The lesson considers the damages remedy by examining the general and special rules that govern legal protection of the interests in preserving bodily integrity, mental integrity, and ability to pursue a livelihood. In a series of situations presenting harms to those interests, the student will be asked to analyze the situations, then select, apply and assess those rules.
Working on the problems in the lesson will expose the student to concepts such as ascertainability; the collateral source rule; loss of earnings capacity; mental anguish; pain and suffering; prejudgment interest; reduction to present value; and work life expectancy among others.
A separate lesson, Damages for Injuries that Cause Death, deals with the issues and problems of remedying the ultimate physical injury. Before working in this lesson the student should first complete the lesson on General Concepts of Damages in Torts.
This lesson examines remedial options in defamation litigation. Included within the scope of this lesson are the remedies of injunctions and damages. These remedies are examined from both a common law and constitutional perspective. This lesson is designed for students who have studied this material in class and wish to refine and develop their knowledge.
This lesson is designed to help students understand the term "search" as it is used under the Fourth Amendment. As we shall see, the term is a term of art which does not always correspond to popular conceptions or definitions of the term search. In this lesson, we explore the various facets and definitions of the term. This lesson is intended for students who have studied these issues in class and who would like to refine their knowledge.
This lesson will familiarize students with the "Unocal Doctrine", a standard of judicial review under Delaware law. The Unocal doctrine applies to a board's defensive conduct when opposing a hostile takeover and attempting to prevent a change of corporate control.
The lesson is the first of two lessons concerning Delaware's heightened standards of judicial review of board action in transactions involving control. The other lesson involves the "Revlon" and "Blasius" doctrines.
This lesson will familiarize students with the "Revlon" and "Blasius" doctrines, standards of judicial review under Delaware law. The Revlon doctrine applies to board actions taken when a change of control or sale of the corporation is inevitable. The Blasius doctrine applies when a board has acted with the primary purpose of interfering with a shareholder vote.
The time to complete this lesson varies depending on whether you decide to complete the section entitled "Review of Delaware law."
This lesson is the second of two CALI lessons concerning Delaware's heightened standards of judicial review of board action in transactions involving control. The other lesson involves the "Unocal" doctrine, which applies to a board's defensive antitakeover actions. It is strongly recommended that students work through the lessons in the suggested order, since this second lesson refers to and builds upon material covered in the first.
This lesson examines the so-called "deliberative process privilege" (DPP) (a/k/a, "predecisional and deliberative privilege"). The DPP is a variant of Executive Privilege, and is applied to protect the confidentiality of administrative communications in various contexts. This lesson is intended for students who have studied the DPP in class, and who wish to refine and expand their knowledge.
This lesson is a review of the duty to support children and the growing federal role in determining child support.
This lesson provides an analysis of the levels of distinctiveness and the requirements for the determination of whether a term chosen as a mark is inherently distinctive, must yet acquire distinctiveness, or is incapable of trademark protection regardless of distinctiveness. The lesson is intended as a review of material that is covered early in a Trademark Law course.
This lesson focuses on distribution of property that has already been identified and valued. Before beginning the lesson students should have a general understanding of the differences between common law and community property systems. They should also be aware of the basic distinction between marital and separate property. This lesson may be used either as an introduction to the distribution of property at divorce or as a refresher that tests a student's understanding of this subject.
This tutorial teaches the basic law and commercial background of documents of title and U.C.C. Article Seven. It is designed to introduce these topics to students who have no prior knowledge of them.
The tutorial can be used in most, if not all, commercial law courses. It prepares students to understand the roles and legal treatment of documents of title in courses primarily focused on sales, secured transactions, negotiable instruments or payment systems as well as classes devoted exclusively to documents of title and Article Seven. It also introduces students to the interaction of Article Seven with other U.C.C. Articles such as Two and Nine.
The tutorial contains text, multiple choice and true/false questions and many graphics. Students can click on "hypercode" cites to view the corresponding Official U.C.C. Text or Commentary. The program also includes document and U.C.C. appendices accessible by the click of a mouse.
Specific topics covered by the tutorial include:
- The Origin and Nature of Documents of Title
- Warehouse Receipts
- Bills of Lading
- Delivery Orders
- The Analogy Between Documents of Title and Negotiable Instruments
- Functions of Documents of Title
- The Scope of Article 7
- Negotiability and Good Faith Purchase
- The Requirements for Negotiability and Holder by Due Negotiation Status
- Rights of a Holder by Due Negotiation
- Transfer of Negotiable and Nonnegotiable Documents of Title
- Negotiation and Transfer of Delivery Orders
- Warranties on Negotiation or Transfer
- The Documentary Sale
- Bailee's Duty to Deliver to the Person Entitled Under the Document
This lesson explores the many uses of the doctrine of election of remedies. Students will discover that attorneys will invoke the doctrine of election of remedies to enforce statutory or contractual exclusivity of remedy; to require plaintiffs to be bound by their intentional choice; to protect defendants from prejudice due to their detrimental reliance on plaintiff's actions; to eliminate double recovery for the same wrong; or to eliminate splitting and relitigation of claims. By working through the problems in this lesson, students will become familiar with the many different purposes of the doctrine and recognize the overlap with other remedial doctrines, such as waiver, estoppel, laches, and res judicata.
This exercise is designed for use in conjunction with any Federal Courts, Federal Jurisdiction, or Civil Rights course that covers the Eleventh Amendment. The exercise takes the student through attempts to bring a federal lawsuit to rectify substandard conditions at a home for the mentally ill.
When an employer breaches an employment contract, the employee might seek any of several different types of remedies. In general, it will be difficult (if not impossible) for the employee to obtain injunctive relief against the employer. As a result, most of the litigation focuses on damages and the level of recovery that an employee might obtain against a breaching employer. This lesson focuses on the employee damage remedy, and is intended for students who have studied these issues in class and wish to refine their knowledge.
This lesson focuses on employee injunctive remedies against an employer. The issues raised by this lesson arise in a variety of different contexts, involving both low-level employees and famous individuals. They also involve various types of injunctive requests (e.g., attempts to enforce contracts, as well as for defamation). This lesson is intended for students who have studied these issues in class and wish to refine their knowledge.
This lesson deals with issues related to an employer's damage remedies for breach of an employment contract. As we shall see, employers might be able to claim various types of remedies depending on the circumstances and context. This lesson is intended for students who have studied these issues in class and wish to expand and refine their knowledge.
This lesson deals with issues relating to an employer's ability to use injunctive remedies against an employee who breaches a contract. In addition to examining issues relating to affirmative and negative specific performance, it also examines covenants not to compete. The lesson is intended for students who have studied these issues in class and wish to refine their knowledge.
This lesson is a review of child support enforcement at both the state and federal levels.
In this Lessonette® exercise, we examine the concept of equitable discretion and gain insight into equitable precedent on the subject. This lesson was designed for use by students who have completed study of this topic in their basic remedies class, and want to further refine and expand their understanding of the concept.
This lesson will cover the remedy known as the Accounting for Profits. Frequently, this remedy is not covered extensively in the classroom setting, probably because the accounting for profits often accompanies other remedies which receive greater attention. Consequently, this lesson is designed to provide basic coverage of this remedial option. Another lesson, "Equitable Protection of Restitution: The Constructive Trust and Equitable Lien" is recommended. Taken together, students will learn when each form of relief is available, the advantages and disadvantages that each form offers and, when the choice is available, the strategic implications of choosing one form over another.
This lesson will cover two of the most powerful equitable remedies, the Constructive Trust and the Equitable Lien. This lesson is intended to supplement your classroom study of these remedial tools, and to explore their utility more deeply. Another lesson, "Equitable Protection of Restitution: The Accounting for Profits," is recommended. Taken together, students will learn when each form of relief is available, the advantages and disadvantages that each form offers and, when the choice is available, the strategic implications of choosing one form over another.
This exercise gives a basic overview of the types of equitable remedies. You need not have read any particular materials or taken any particular law school courses in order to complete the tutorial. It can be used to provide background in your courses where equity is especially relevant or to review the types of equitable remedies for use in a remedies course. The lesson will not examine doctrines of substantive equity (other than to note their existence) nor will the lesson explore the prerequisites for obtaining, defending against, or enforcing equitable remedies. Rather, the lesson is designed to introduce you to the basic vocabulary of equitable remedies.
This lesson will introduce you to, or allow you to review, the major provisions of the Federal Endangered Species Act: section 4, 16 U.S.C. section 1533, which governs listings of endangered and threatened species; section 7, 16 U.S.C. section 1536, which imposes obligations on Federal agencies to protect endangered and threatened species; and section 9, 16 U.S.C. section 1538, which prohibits all persons from "taking" or trading in endangered and threatened species.
No prior familiarity with the ESA is necessary to complete this lesson. However, this lesson can also serve as a review of the ESA at the end of your course's unit on the ESA, or at the end of the term.
This lesson gives an overview of the basics of the European Union's trademark system. The emphasis is on issues of registration and infringement. It often uses a comparative approach, with the U.S. system as a foil. It takes users through both the national systems (via the Trademark Harmonization Directive) and the Community Trademark system. Familiarity with U.S. trademark law is assumed.
This lesson examines the source of ex parte communications in administrative agencies, the typical targets of such communications, and the law which governs them. It treats both formal and informal proceedings and both rulemaking and adjudication procedures.
This lesson explores the exceptions to an attorney's ethical duty of confidentiality that are designed to protect third persons from death, injury or financial loss. The lesson examines these exceptions as expressed by the American Bar Association's Model Rules of Professional Conduct and notes some of the variations on these rules found among the states.
This lesson focuses on the presidential version of executive privilege. The lesson examines the justifications for the privilege, the requirements for its invocation, and judicial handling of that privilege. The lesson is intended for students who have studied this privilege in class, and who wish to further refine their understanding of the topic.
This lesson explores the circumstances under which and reasons why courts will dispense with the requirement for a search warrant. Students should have a general familiarity with the Fourth Amendment. Although no specific advance reading is required, it would probably be best to have reviewed the CALI search warrant lessons first.
This exercise applies hypotheticals to situations involving expert witnesses. Analysis relies primarily on the Federal Rules of Evidence. Expert testimony in both civil and criminal contexts is covered, as the exercise consists of two trials: the first is a civil case, the second a criminal prosecution. The challenge of understanding expert opinion law is addressed through a series of problems which raise issues of qualifying experts to give opinions, the proper bases for expert opinion, admissibility of fee information, cross-examination of experts, opinions on questions of law, and other applications.
The goal of this lesson is to take the user systematically through UCC Article 2. The lesson accomplishes this goal by having the user study a contract for the sale of goods. The concepts of Article 2 are thereby seen in the practical setting in which they are applied. Conversely, study of the contract reveals the source of each of the included provisions in the law. The user becomes familiar with the default rules and how those rules might be changed on behalf of a client. The user finishes with knowledge of the Code and how the Code may be applied in practice when drafting a contract.
This lesson explores the application of the fair use doctrine, a defense to copyright infringement, in the special context of parody, based on the guidance provided by the Supreme Court in Campbell v. Acuff Rose Music, 510 U.S. 569 (1994). The lesson builds on the foundation established in CALI Lesson CPY08, Fundamentals of Fair Use, using a series of hypotheticals and a final essay.
These lessons have been temporaily removed for revisions. Thank you for your patience. CALI
This exercise is designed for use in conjunction with any Federal Jurisdiction, Federal Courts, or Criminal Procedure course that covers federal habeas corpus law. No substantive knowledge of criminal procedure is required to complete the exercise. The exercise takes the student through a single prisoner’s attempts to gain federal habeas review of a state criminal conviction for bank robbery. It is designed primarily to test the student’s ability to use the substantive rules that determine whether a federal court may entertain a state prisoner’s habeas petition.
This exercise is the counterpart of The Definition of Hearsay and the Federal Rules, which covers the definition of hearsay under Federal Rules of Evidence 801(a)-(c). The new exercise includes graphic reviews of each subsection of 801(d), and graphic illustrations of multiple hearsay, as well as interactive flowcharts for the subsections of 801(d). The program lends itself to use by students who either (i) want a relatively quick-review, with detailed work limited to those issues they find troublesome or (ii) want to review each relevant section of the rules in some detail. Those who wish to use the exercise to check their knowledge, and review only troublesome sections in detail, should follow the relevant strategies outlined in the READ ME section of the exercise. Students who wish to review 801(d) or multiple hearsay (Rule 805) in detail, will find a series of problems on each subsection of 801(d) and on 805, and review questions.
This lesson explores section 2 of the Lanham Act, 15 U.S.C. § 1052, which prohibits certain types of trademarks from being registered on the Principal Register of the PTO, regardless of whether those marks are protectible under state law or under section 43 of the Lanham Act, 15 U.S.C. § 1125.
This lesson reviews an attorney's responsibilities when setting, sharing and collecting fees. By the end of the lesson, students should be able to identify how much, by what method, and under what circumstances they can charge fees from clients, share fees with others, and take actions to collect fees.
This lesson reviews the basic components of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). It works best as a review of materials covered in a Hazardous Waste or Toxic Torts class, but it can also serve as an introduction to the statute.
In this lesson, you will learn about the International Court of Justice, one of the principal organs of the United Nations. After an introduction to the Court, you'll learn about some of the print reporters of the Court's decisions and online sources for these opinions. Finally, there will be a discussion of print and online digests of the Court's decisions.
This lesson discusses the requirement that a work be "fixed in a tangible medium of expression" as a condition to obtaining copyright protection. Although it assumes a basic familiarity with copyright law and terminology, it is designed to stand alone. It can, therefore, be used either as an introduction to the fixation requirement or as a review of those concepts after a class discussion.
NOTE: This lesson is intended as an overview of this topic; it does not cover all the details related to live performances or the recently decided cases declaring unconstitutional sec. 1101.
This lesson explores how trademark law deals with two specific categories of marks: foreign (non-English) words and people's names. It addresses their ability to function as marks as well as how they should be assessed when determining infringement. The lesson assumes a working familiarity with the "distinctiveness" requirement, the fair use doctrine, and the likelihood of confusion test for infringement. The lesson can be used to (1) provide an overview of one or both of these specialized areas of trademark law or (2) as a means to confirm understanding of the core principles after a class on the subject.
This lesson introduces you to the so-called "formal" process for making administrative rules and regulations. Under the federal Administrative Procedure Act, there are two separate and distinct processes for making rules: the "informal" process and the "formal" process. In a prior lesson, we examined the informal process. This lesson examines the formal process in greater detail. The lesson is designed for students who have studied these issues in class and who wish to refine their knowledge and understanding of the issues.
This lesson deals with the formation of contracts under Article 2 of the Uniform Commercial Code (excluding 2-207 issues). At common law, a contract is formed often by the showing of mutual assent plus a consideration. The rule is reversed under the Uniform Commercial Code, however. Under UCC 2-204, a contract can be formed in any manner sufficient to show agreement, even if the parties leave open terms. This lesson will explore the effect of the difference in formation between common law and Article 2. You can work this lesson as an introduction to the formation of contracts under the UCC or as a review. The material in this lesson may be a more in-depth study of Article 2 than some first year contracts courses require. However, prior to working this lesson, you should have an understanding of the common law on offer, acceptance and mutual assent.
This exercise covers these four, most commonly used, specific exceptions to the Hearsay rule: 1) Present sense impressions; 2) Excited utterances; 3) State of Mind; and 4) Business records. The student will be applying these four exceptions in the context of scenarios presenting hypotheticals. The student's goal in this lesson is to work with the four exceptions, to gain a basic understanding of them with a focus on those fundamentals and problem areas identified in the FRE's Advisory Committee's Notes, recent judicial decisions, and legal commentators. The student will identify, examine, and explore specific problem areas within each exception.
This lesson is designed to introduce students to the Fourth Amendment prohibition against "unreasonable searches and seizures." The goal is to provide students with an overview of the history of the Fourth Amendment, as well as an introduction to the warrant requirement and the concept of warrantless searches. The lesson is intended for students who have studied these issues in class, and wish to refine their knowledge.
This exercise is intended for students who have studied this issue in class, and wish to refine and apply what they have learned. It includes several essay questions, along with their model answers.
This lesson offers an introduction to the doctrine of functionality, which operates as a defense prohibiting anyone from claiming an exclusive right in functional shapes, elements, or aspects of a product or product packaging. The protectability or registrability of a trademark depends on a factual determination of a design's functionality. The functionality doctrine attempts to weigh the public and private interest in copying design features against a trademark owner's inherently anticompetitive objective to avoid consumer confusion. After completing this lesson, you should be able to analyze when the interest in avoiding confusion will outweigh the interest of free competition and vice versa.
This lesson serves as background and foundation for other lessons on damages for harms to personal property. It deals with general principles and basic measures of damages recoverable for harms to personal property. The lessons on harms to possessory interests, harms to integrity interests and harms to the interest in use and enjoyment of personal property all will delve more deeply into the intricacies of damages law in this area.
Students will first be introduced to the interests of owners of personal property that are compensated in the law of damages. Then, in problems which raise some fundamental issues, they will be presented with the basic measures of damages. Later, some alternatives to the basic measures will be briefly explored, and students will be introduced to the "Rule of Certainty" in the proof of damages. The substantive causes of action available for recovering damages for harms to personal property are ignored in this lesson.
In addition to working in this lesson, the student should also work in the lesson on General Concepts of Damages in Torts to get a basic grounding in the area of torts damages.
Because copyright creates ownership rights in original expression, the private property interests of copyright owners sometimes come into conflict with the public's interest in disseminating knowledge, expressing ideas, or simply enjoying, sharing, and building upon the protected expression. This lesson introduces the basic concept of fair use in copyright law, and offers numerous examples to test the student's ability to apply the balancing test of 17 U.S.C. § 107.
Over the last century, the administrative bureaucracy has grown dramatically in size and influence. In this lesson, we examine some of the reasons for that growth. This lesson is intended for students who have studied these issues in class, and who wish to refine and enhance their knowledge.
A discussion of the formation of a partnership and how to master related sections of UPA and RUPA. This topic is also discussed in Prof. Cohen's CALI lesson Are You My Partner? Is This a Partnership?
This lesson presents a schematic flowchart or algorithm illustrating one approach to determining whether due process applies to a particular agency hearing and, if it does, how one determines what procedures are required and the time at which they must be made available. It references several of the basic Supreme Court cases (Goldberg, Roth, Perry, Goss, Mathews, etc.).
This exercise is designed to introduce students to the broad range of exceptions available under the Federal Rules of Evidence. Using hypothetical fact situations, students are asked to assume the role of the judge and to rule on the applicability of Federal Rules of Evidence 803 and 804. The exercise requires students to know the proper application of each exception and to also understand the reason underlying each exception to the federal rules. Each section covers a separate sub-rule of either F.R.E. 803 or 804. Thus, the lesson is suitable as a review for students who have completed their study, or to reinforce classroom coverage of the rules throughout the semester.
This lesson deals with the definition of hearsay under the Federal Rules of Evidence. It is a self-contained exercise that requires no prior knowledge or reference to outside material. It can be used as preparation before the topic of hearsay has been reached in the classroom, or as review after hearsay has been covered in class.
The exercise contains expository text followed by questions and responses. Its topics include statements offered as circumstantial evidence of the declarant’s state of mind, utterances offered as legally operative language, and other utterances that are not hearsay under the definition set forth in Fed. R. Evid. 801 (c). The exercise uses a variety of examples to illustrate the concept of hearsay as a statement offered to prove its truth.
The questions and text used in this exercise are different from those in the exercise entitled The Concept of Hearsay, so both exercises can be used by the same student without duplication. If both exercises are used, the author recommends that the present exercise (Hearsay from Square One) be used first.
This lesson provides a basic history of equitable remedies. The student need not have read any particular materials or taken any particular law school courses in order to complete the tutorial. It can be used to provide background in courses where equity is especially relevant or to review the history of equity for use in a remedies course. The lesson will not examine doctrines of substantive equity (other than to note their existence) nor will the lesson explore the prerequisites for obtaining, defending against, or enforcing equitable remedies.
In this lesson, we examine the hybrid rulemaking process. In other words, we examine rules that are not created through the formal rulemaking process (as that process is defined in the federal Administrative Procedure Act (APA)), or by a strictly informal process (again, as defined by the APA), but by a process that is somewhere between formal and informal processes. The lesson is intended for students who have studied these issues in class, and who wish to further refine their knowledge.
This lesson examines identification procedures in criminal cases through a short exploration of problems that can arise in making an identification, a primer on basic constitutional rules and the problem of suggestiveness, and a simple criminal case in which you act as an investigator and see the legal consequences of choosing different identification procedures. A concluding essay question gives you a chance to test your knowledge.
This exercise begins with a transcript of the direct examination of a government witness in a criminal action. The direct examination will be followed by a crossexamination, and the student is asked to rule on objections to impeachment questions by the crossexaminer. The student will be asked “remedial questions” after the completion of the first phase of this exercise if certain questions are erroneously answered. The lesson focuses on permissible and impermissible impeachment concepts under the Federal Rules of Evidence. The exercise was composed under a grant from the Federal Judicial Center as part of its training program for incoming federal judges.
This lesson is intended for students who have studied equity and, in particular, in personam remedies in class, and who wish to obtain a further and deeper understanding of the topic.
This lesson teaches about the concept of incontestability: what it is, and what benefits it confers on trademark owners. This lesson can be used either for teaching the subject or for review.
This lesson examines the "informal" rulemaking process.. Under the Administrative Procedure Act, this type of rulemaking is also called "notice and comment" rulemaking. In this lesson, we examine the procedural steps that an administrative agency must follow in order to create a valid "informal" rule. This lesson is intended for students who have studied these issues in class, and wish to further refine their knowledge.
This lesson covers one type of patent infringement involving activity beyond the borders of the United States. In particular, what constitutes infringement under 271(f)(1) and (f)(2) is addressed, including the US Supreme Court decision, AT&T v. Microsoft.
Students may use this lesson to review material already covered in a course, or to learn this material on their own. Students should at least have prior knowledge and understanding of direct and indirect infringement under 271(a)-(c).
This lesson concerns the initial ownership of trademarks. It does not address the assignment or licensing of trademarks, nor the transfer of trademark registrations. This lesson is intended as a review of material covered in the trademark law course.
This lesson focuses on injunctions against litigation. This issue arises in several different contexts, including intra-jurisdictional state court injunctions, state court injunctions against litigation in other states, state court injunctions against federal litigation, and federal court injunctions against state litigation. The lesson is intended for students who have studied these topics in class and wish to refine and enhance their knowledge.
This is the second Lessonette® exercise involving injunctions against speech. The first Lessonette exercise focused on various aspects of injunctions against speech including injunctions against defamation, obscenity and related to national security. In this Lessonette exercise, we focus on some issues that arise in relation to injunctions against civil rights demonstrations including abortion and civil rights protests. Much of the law that governs these issues is basic constitutional law.
This Lessonette exercise is intended for students who have studied the material in class, and are seeking to review, test and refine their knowledge. It is NOT an introductory Lessonette exercise and is NOT for students who have not studied the material.
This is the third in a series of lessons on injunctions against speech. This lesson focuses on injunctions against invasions of privacy. The lesson is intended for students who have studied this material in class and who seek to refine their knowledge.
This lesson focues on problems related to injunctions against crimes and against criminal prosecutions. The lesson is intended for students who have studied the topic in class and seek to expand and refine their knowledge of the topic.
This lesson introduces you to the rules governing the award of injunctive relief in actions for trademark infringement. In trademark infringement cases, the harm or loss suffered by a plaintiff is often difficult to prove because of the lack of evidence of a causal connection between the harm and the defendant's wrongful conduct. To account for this evidentiary shortfall, the judicial preference in awarding relief in trademark infringement cases is injunctive relief. Despite this judicial preference, monetary remedies remain available for trademark infringement. For a more detailed analysis of monetary remedies for trademark infringement, refer to lesson "Recovery of Damages for Trademark Infringement."
This Lessonette® exercise is one of a series on the topic of "Compensatory Damages." This particular Lessonette interactive tutorial explores the differences among each of the three main types of legally-protected "interests" most commonly involved in any damages case: the expectation interest, the reliance interest, and the restitution interest. It is designed as an "Introduction" to the basic distinctions among each of these different interests, as well as a practical guide to determining when one interest should be asserted instead of another. For beginning law students, this Lessonette interactive tutorial should not be attempted until the "Basic Terminologies in Compensatory Damages" Lessonette has been completed. Students who have already completed foundational courses in "Contracts" may wish to use this Lessonette exercise as a review of these same basic "Damages" terminologies, or to better understand more complex issues presented by other courses in which substantive Damages issues or remedies issues may be presented. For comparative purposes designed to illustrate the various distinctions among each of these three different types of legally-protected damages "interests," this Lessonette exercise focuses primarily upon contract damage examples.
This is an introduction to researching the law relating to inter-governmental and non-governmental agencies. IGOs and NGOs have significant input into international law and finding their resources can be inetegral to research in international law.
International environmental law covers many subjects. For the most part, however, international agreements on environmental subjects, such as the Convention on International Trade in Endangered Species of Fauna and Flora (CITES) must be implemented through the domestic law of signatory countries. For example, the United States implements CITES through the federal Endangered Species Act.
This lesson provides an introduction both to CITES and to the Endangered Species Act's implementation of that Convention. No prior knowledge of CITES is required; however, this lesson assumes that you are familiar with the ordinary workings of the Endangered Species Act. If you are not familiar with that statute, you may want to complete the CALI lesson entitled "ESA Basics" before continuing with this lesson.
In addition, if you are completely unfamiliar with principles of international law, you may want to complete the CALI lesson entitled "Introduction to International Law for Environmental Law Students" before continuing with this lesson.
This exercise introduces users to the Uniform Probate Code scheme of intestate succession. It explores the application of the Code (as amended in 1990) to various hypothetical situations and gives feedback to the student utilizing the applicable Code provisions. The program examines the inheritance rights of descendants, ancestors and collateral heirs and looks to subsidiary problems of inheritance such as the rights of posthumous heirs, adopted heirs, illegitimate children, and the slayer of the decedent. The requirement of survivorship is also explored.
This exercise is based on the 1990 amendments to the U.P.C. with amendments through 1998.
This exercise begins with some general background questions to help students place administrative agencies within the greater Constitutional scheme. These questions also address the various powers agencies wield, and the ways they are created. Then the exercise examines several print and online directory sources that offer specific details on individual agencies; it goes on to briefly discuss procedural rules, policy statements, and the process of promulgating regulations. The exercise concludes with review questions.
This lesson presents the basics of administrative law for students taking Environmental Law or Natural Resources Law who have not taken Administrative Law.
This lesson introduces the student to agency relationships and explores the following questions: Why are agency relationships formed? Who are the parties to an agency relationship? What elements are required to form an agency relationship? and What are the consequences of forming an agency relationship?
This lesson gives a brief introduction to some of the basic concepts in foreign legal research, such as foreign legal systems, availability of materials, and research strategies.
This Lessonette® interactive tutorial will introduce American environmental law students to general principles of international law, with some examples of how such principles create and influence international environmental law.
This series of three tutorials leads students through nine problems involving the taxation of partners and partnerships. The tutorials will be most useful when students have prepared the problems before turning on the computer. After having completed the tutorials, students should have a good understanding of the basic tax rules for partnerships.
The first tutorial involves the formation, operation, and liquidation of a partnership. The student learns how the various Code provisions interrelate, and becomes familiar with I.R.C, §704(c)(1)(A). The second tutorial deals with sale of a partnership interest. The third tutorial involves the tax consequences when a partnership incurs a liability and considers the impact of the passive loss rules.
Each tutorial asks a series of questions in connection with the problems presented in the printed handout material that accompanies this exercise. The tutorial provides suggestions or hints to a student who has given a wrong answer and makes her try again. It also explains the significance of a correct answer. At various times a separate screen summarizes the results or presents important observations. After the fourth wrong answer to any question, the computer always provides the correct answer. To prevent a student from completing the tutorial by guessing blindly and letting the computer supply all the right answers, the program terminates after the computer has had to provide the right answer for three consecutive questions.
This lesson will provide students with an introduction to the federal regulation of proxy solicitation. The lesson begins with a short description of the process of voting by proxy. It continues with an overview of the regulatory scheme, including a detailed analysis of section 14(a) of the Securities Exchange Act of 1934, and an introduction to Regulation 14A (the Proxy Rules and Sched. 14A), promulgated thereunder by the SEC. It is recommended that students bring a print copy of the Proxy Rules with them to use in conjunction with this lesson.
The purpose of this lesson is to serve as an introduction to the rapidly growing area of trade dress law. Several new developments have occurred in this area of the law just in the past five years. Most of these developments deal with the correct balance between protecting the freedom of competitors to copy packaging or design features on the one hand and protecting the appearance or physical features of a product when these packaging or design features operate as indications of source on the other. This lesson will go through the definition of trade dress, review protection requirements for registered trade dress, and conclude with protection requirements for unregistered trade dress.
This lesson is an introduction to patent issues under TRIPS, an important international agreement that impacts the national patent laws of all member countries of the World Trade Organization. This includes over 170 countries, including not only industrialized countries, but all developing and least developed countries. Because TRIPS imposes restrictions on national law in all countries, understanding TRIPS is important to understanding what changes to patent law is possible - in the United States and beyond. Some familiarity of US patent law is required, but a full patent law course is certainly not necessary.
This Lessonette® interactive exercise is intended for students who have studied irreparable injury in class, and want to expand and refine their knowledge.
This is one of a series of lessons dealing with the issuance of shares by a corporation. Before beginning this lesson, you should have completed the lesson "Types of Securities" or have an understanding of notes, bonds and debentures, common and preferred stock, and rights and warrants. This lesson focuses on basic concepts and terminology and addresses issues contained in what are called the legal capital provisions of corporate codes. You will encounter equity capitalization, par value, capital, capital surplus and earned surplus accounts in a balance sheet.
This is the third part of five related lessons concerning the issuance of securities by a corporation. The first lesson, Types of Securities, deals with equity and debt securities. The second lesson, Issuance of Shares Part I, deals with corporate law legal capital provisions, including the concept of par, applicable to the issuance of equity securities (shares of stock). This, the third lesson, Issuance of Shares Part IIA, deals with the proper type of consideration used to pay for equity securities. The fourth lesson, Issuance of Shares Part IIB, deals with the proper amount of consideration used to pay for equity securities. The fifth lesson, Issuance of Shares Part III, deals with all other issues related to the issuance of equity securities, and also deals with the issues of preemptive rights. These five lessons should be completed in sequence. Students should not begin this lesson until the previous lessons have been completed.
This is the fourth part of five related lessons concerning the issuance of securities by a corporation. These lessons should be completed in sequence.l The first lesson, Types of Securities, deals with equity and debt securities. The second lesson, Issuance of Shares Part I, deals with corporate law legal capital provisions, including the concept of par, applicable to the issuance of equity securities (shares of stock). The third lesson, Issuance of Shares Part IIA, deals with the proper type of consideration used to pay for equity securities. This lesson, Issuance of Shares Part IIB, deals with the amount of consideration used to pay for equity securities. The fifth and final lesson, Issuance of Shares Part III, deals with all other issues related to the issuance of equity securities, and also deals with the issue of preemptive rights. Students should not complete this lesson before completing the previous lessons.
This lesson is the FINAL lesson in a FIVE part series dealing with the ways a corporation is financed, that is, the ways in which a company raises money to pay for its ongoing operations. BEFORE beginning this lesson, you should have completed ALL of the previous lessons and have mastered the concepts introduced in each of the previous lessons. This lesson builds on those earlier lessons. The FIRST lesson in the series is called Types of Securities, Corp27L. It describes the characteristics of debt and equity securities and introduces the student to the reasons a company might use both debt and equity to finance a corporation. The last four lessons deal with the legal rules that apply to raising money by issuing shares of stock in the company. The SECOND lesson in the series, Issuance of Shares Part I, Corp 28L, covers the concepts of equity capitalization, par value, the requirements and use of stated capital, capital surplus, and earned surplus, and the definition of treasury shares. The THIRD lesson, Issuance of Shares Part IIA, Corp30L, discusses what it means for stock to be designated as fully paid and validly issued and the related requirement that shares of stock be paid for with the proper TYPE of consideration. The FOURTH lesson, Issuance of Shares Part IIB, Corp34L, continues the discussion of fully paid and validly issued stock and the related requirement that the stock be paid for with the proper AMOUNT of consideration. The lesson also addresses the consequences of failing to meet these requirements. This FINAL lesson, Issuance of Shares Part III, Corp37, deals with the mechanics of issuing equity securities and the related concept of preemptive rights.
The goal of this program is to teach a substantial amount of Article 2 through the study of a single case. This exercise begins with a warranty case, ITT v. LTX. At any point in the program, however, you are free to explore any other part of the program. You may, for example, explore the issues in the case, which cover a large part of Article 2 and common law contracts. You can read what each opinion in the case says about the issue, explore treatises, go to the language of the UCC, or hear what the attorneys involved in the case have to say. Cap off your experience by taking a quiz on the issue which is similar to traditional CALI lessons.
Alternatively, you can learn more about the case by exploring such materials as the complaint, the pre-trial stipulations, and the trial testimony. Read treatises on case analysis or explore the elements of a claim for breach of contract and how the elements were proven in this case. The program contains such multimedia aspects as a videotape introduced in evidence at the trial, photographs, and statements by the attorneys.
This lesson explores the concept of a "joint work" in copyright law, including the legal standards which determine whether a work has been jointly authored as well as the legal consequences that attach to this characterization.
This Lessonette® exercise focuses on issues relating to injunctions against speech. It is designed for students who have studied these issues in class, and who have a strong working knowledge of the material, but who wish to further refine and develop their understanding. This Lessonette exercise has 12 main questions (and a number of subparts).
This lesson discusses judicial review of director's conflicting interest transactions under subchapter F of chapter 8 of the revised Model Business Corporation Act. The definition of "director's conflicting interest transaction" is not discussed; that is dealt with in a companion lesson, What is a Director's Conflicting Interest Transaction? The two lessons may be done in either order.
The lesson begins with a thorough discussion of the operative provision of subchapter F, section 8.61. It then discusses the requirements for directors' action under section 8.62 and shareholders' action under section 8.63. It also briefly touches on fairness review.
In this lesson, we explore issues relating to judicial review of an agency's issuance of a "legislative" rule -- a rule issued as a result of the federal Administrative Procedure Act's rulemaking procedures. After briefly noting the differences between so-called "formal" and "informal" rulemaking procedures, the lesson examines the standards of review applicable to each type of procedure. Thus, the lesson focuses on the "substantial evidence" test, the "arbitrary and capricious" test, and the requirement of an adequate explanation. The lesson is intended for students who have studied these issues in class and who wish to refine and expand their knowledge.
This lesson covers the "cybersquatting" provisions of the Lanham Act, 15 U.S.C. sec. 1125(d), which grant a cause of action to trademark owners against persons who, with a bad faith intent to profit, register, traffic in, or use domain names that infringe the rights of those trademark owners.
Ordinarily, when an agent acts on behalf of a principal the legal rights of the principal are affected, but the agent is not personally liable to third persons with whom he or she has dealt. This lesson looks at those somewhat unusual situations where the agent may be personally liable to third persons.
One of the difficult common law issues in defamation was the distinction between libel and slander. This lesson explains the differences between the two types of defamatory statements. Material is provided on the damage requirements of both. This lesson is part of a series about defamation. One should review the lesson on Basic Issues in Defamation and Privileges before working with this exercise. After finishing this one, the exercise on Constitutional Issues in Defamation should be covered.
Likelihood of confusion is a core concept in trademark law. This lesson is designed to teach the basics of confusion, as well as some more advanced aspects of the topic. It requires students to work through the multifactor analysis used by courts with specific problems. It also includes a discussion of the different forms of confusion.
This lesson follows the Distribution Right lesson, CPY16. This lesson can best be characterized as the Limitation on the Distribution Right. Colloquially referred to as the First Sale Doctrine, 17 U.S.C. section 109 provides that the copyright owner's exclusive right of distribution and consent to that distribution effects the transfer of the rights in that copy or phonorecord, so long as the the transfer was of a lawful copy or phonorecord embodying the copyrighted work.
This lesson will explore the rationale for the First Sale Doctrine, the elements that must be proved in order to use the Doctrine as a defense against a claim of infringement, and the limitations that are placed on the application of the defense. Two of the limitations on the application of the defense include recognition of copyright in restored works and the prohibition against the rental of a particular sound recording phonorecord or a particular copy of a computer program. The goal of this lesson is to provide a general introduction to the First Sale Doctrine as a defense to an alleged violation of the the exclusive right of distribution as opposed to any other violation of the copyright owner's exclusive rights.
This lesson defines and applies the concept of literal infringement in patent law. It also examines the process through which the patentee establishes a prima facie case of literal infringement.
This lesson introduces the student to the management and financial rights of partners of an ongoing partnership. Other lessons cover the information and indemnification rights of partners and the rights of partners during the process of dissolving a partnership. Before starting this lesson, students should have completed the basic lessons on partnership formation.
This lesson addresses the formal and substantive regulations imposed on the right to marry. The lesson discusses the difference between annulment and divorce and compares void and voidable marriages. The putative spouse doctrine and the marriage presumption are also covered. This lesson assumes prior coverage of this material in class and is designed to help you review theses concepts. If you want to study the constitutional aspects of substantive regulations of marriage in more depth, see the CALI lessons, Constitutional Aspects of Family Law and Same Sex Relationships. The lesson contains 21 questions and should take 30-45 minutes to complete.
This lesson examines the creation of the master/servant relationship in agency law and contrasts that relationship with the status of independent contractor. The lesson provides an opportunity to think about why the distinction is important and how to tell whether a given relationship rises to the level of being a master/servant relationship or is merely an independent contractor relationship.
This lesson examines the process of incorporation by allowing students to explore some typical articles of incorporation by clicking on hot spots. The lesson provides a guided tour through the various provisions of the articles of incorporation. The lesson also looks at what happens when the incorporation process is not carried out correctly.
This lesson reviews Miranda v. Arizona, 384 U.S. 436 (1966), one of the most well known and important cases ever decided by the United States Supreme Court. The lesson reviews the reasoning and holding of Miranda and examines the issues of custody, interrogation, and waiver. A different lesson, Miranda II, explores issues relating to the assertions by a suspect of the rights provided by Miranda; the application of the exclusionary rule to violations of Miranda; and exceptions to and limits on the Miranda rule.
This lesson is the second lesson reviewing Miranda v. Arizona, 384 U.S. 436 (1966). This lesson explores issues relating to the assertions by a suspect of the rights provided by Miranda--the right to silence and the right to an attorney prior to questioning; the application of the exclusionary rule to violations of Miranda; and exceptions to and limits on the Miranda rule.
Another lesson, Miranda I, reviews the reasoning and holding of Miranda; examines the issues of custody and interrogation--the two "triggers" set forth by the Court for when the protections become available to a suspect; and explores what constitutes a waiver of the protections of Miranda. Although the lessons can be completed in any order, it may be helpful to complete Miranda I before moving on to Miranda II.
This is an introduction to the black-letter rules of the Model Rules of Professional Conduct. It is a linear question-and-answer drill. Students are asked short questions and given immediate feedback. This drill is intended to serve as preparation for the level II exercise, Questions and Problems, described below. (This exercise is a new exercise that is completely different from the drill exercise offered in previous years. The earlier drill exercise has been revised and is being offered as the Questions and Problems exercise, below.)
This lesson was revised in accordance with the Model Rules of Conduct, as amended through August 2003.
This lesson presents students with hypothetical factual situations and asks whether certain conduct would violate the Code. The is a branching tutorial and includes follow-up questions, dialogue, and new questions based upon changes in the original hypotheticals. The Preliminary Drill exercise, above, is intended to serve as preparation for this exercise, though students could also prepare for it by reading the Model Rules and taking notes. Students should have a copy of the Model Rules of Professional Conduct with them when doing this lesson.
This lesson was revised in accordance with the Model Rules of Conduct, as amended through August 2003.
This lesson can serve either as an introduction to modification or as a review that reinforces and tests your understanding of this subject. Before beginning the lesson, you should be familiar with the general law of alimony and child support. The CALI lessons on Alimony and Child Support can help.
This lesson is divided into two parts: Part I deals with modification of alimony; Part II deals with modification of child support. Each part begins by identifying basic rules on modification and then explores specific fact patterns that often trigger requests for modification.
This lesson focuses on the problem of modifying injunctions. As we shall see, even though an injunction is labeled as "permanent," it is subject to modification or alteration. Indeed, some injunctions, even some far reaching ones, are not intended to last forever. In this lesson, we examine the standards and criteria by which courts decide whether to terminate or modify existing injunctions. This lesson is intended for students who have studied these issues in class, and wish to refine and enhance their knowledge.
This lesson addresses the National Environmental Policy Act (NEPA), the first major federal environmental law. It is designed to reinforce your understanding of the basic structure and requirements of NEPA. The exercise consists of twenty multiple choice or true/false questions, and it is designed as a summary of NEPA. The exercise assumes that the user has knowledge of the basic structure and requirements of NEPA. The questions will illustrate the broad impact of NEPA praised by Senator Chaffee, as well as the limitations of the law identified by the Council on Environmental Quality. The NEPA statute, regulations, and scores of NEPA documents from EPA, the White House and other federal agencies are available on the Web, and the lesson links directly to those sites.
The New Ranch lesson is the successor to the Ranch lesson. As with the Ranch, the New Ranch lesson leads students through the steps necessary to perfecting a security interest under Article 9 of the Uniform Commercial Code (UCC) in a multi-state contact situation. The exercise also assists students to understand many other provisions of Article 9, including those dealing with classification of collateral and those governing the place of filing within a particular state.
The New Ranch differs from the Ranch in that it deals with a completely revised version of Article 9, referred to in the lesson as "new Article 9." New Article 9 will be effective in most states on July 1, 2001. However, understanding new Article 9 requires understanding existing Article 9. Moreover, there will be some difficult transition issues the resolution of which will require understanding both existing and new Article 9. For these reasons, the New Ranch lesson explores the application of both existing and new Article 9 to the questions posed in the lesson.
As with the Ranch, the New Ranch is built around a basic fact situation that poses a problem for students to solve. Students are required to identify and explain the steps that must be taken to perfect a security interest in collateral located in one state, when the secured party or debtor are located in different states. Because students are pressed for reasons for as well as answers to questions posed, they learn not only what must be done but why. Various "branches" of the exercise lead students through "mini tutorials" on such sometimes difficult tasks as properly characterizing collateral for purposes of deciding what steps are required to perfect security interests in the collateral. By changing the facts along the way, the exercise seeks to test the degree to which students actually understand the conclusions they have reached. Because the exercise is set in the context of advising a client (actually a senior associate or partner), it provides a sense of "real world" activity that is often absent from the abstract learning experiences encountered in the classroom. The UCC sections needed to give the advice sought are provided in the exercise.
This lesson covers emerging issues of assisted reproduction technologies. Most specifically, it explores issues of parental rights on both a constitutional and state level. Topics covered include artificial insemination, surrogacy, and the status of un-implanted pre-embryos when the parties disagree about implantation. It does not cover post-partum conception. The lesson includes the issue of lesbian partners when one provides the egg and the other is the gestational mother but it does not cover other issues of lesbian parenthood.
This lesson can be used for review or as background material for in depth class discussion.
This lesson covers the availability of non-economic damages; evidentiary issues in proving these damages; and issues in the argument to the jury of these damages. This lesson gives you an opportunity to explore the "how to" of non-economic damages, particularly damages for pain and suffering and mental or emotional distress. The lesson is designed for upper-level students in remedies, advanced torts, or trial practice courses. Students should have some basic knowledge of both tort law and evidence law. First-year students may find the lesson accessible by making use of the pop-up screens providing background on concepts and rules.
This lesson focuses on one of the factual inquiries underlying the legal determination of nonobviousness: the scope and content of the prior art. It assumes that you are familiar with the patentability requirement of novelty under 35 U.S.C. §102 and with the basic framework of the obviousness analysis. If you would like a review of the basic framework for determining obviousness, you may want to do the lesson on "Basic Concepts of Nonobviousness" before you complete this lesson. After completing this lesson you should have a better understanding of how to determine the scope and content of the prior art so as to assess obviousness.
This lesson works through the details of patent law's novelty requirement as set out in Section 102(a) of the Patent Act. It also briefly covers Section 102(e) and inventorship. It does not deal with Section 102(b) statutory bars.
A general understanding of the nature of claims and the application process is assumed background context. The lesson can be used as supplemental preparation for class, to confirm your understanding afterwards or as a final self-test before the exam.
The Contents listing is broken down into sub-topics allowing direct access if only a specific issue is of interest. The final "Putting It All Together" section contains a number of review problems. As indicated in the "Approximate Completion Time" the various sections can also be done as stand-alone exercises
This lessson can serve as an introduction or review of the way in which "secondary considerations" are used in assessing the nonobviousness requirement in patent law. The lesson assumes a basic familiarity with the nonobviousness doctrine. Before doing this lesson, students may wish to review the lesson dealing with Basic Concepts of Nonobviousness. Other aspects of the nonobviousness doctrine are covered in the lesson dealing with Scope and Content of the Prior Art. Students may do this lesson either before or after that lesson.
In addition to the limitations imposed upon interrogations by Miranda, the Due Process Clause of the Fourteenth Amendment and the Sixth Amendment right to counsel also constrain law enforcement authority in the interrogation context. This lesson will discuss those additional constitutional limitations. Although it isn't necessary to have mastered the Miranda limitations at this point, some familiarity with those standards will be helpful.
This lesson reviews the threshold principles of ownership by analyzing the "works made for hire" doctrine codified in the Copyright Act of 1976. In addition to an analysis of the current Copyright Act, this lesson will review the rules and doctrine of "works made for hire" under the Copyright Act of 1909. The review of both Acts is crucial to a proper determination of copyright ownership for original works of authorship created before January 1, 1978 and for those copyrighted works created on or after January 1, 1978. Depending on the date of creation, a court will be required to analyze differing rules of law to resolve the issue of copyright ownership. The purpose of this lesson is to augment the readings and study you have already done with your professor.
Again, as this lesson is meant as a review of materials you have covered in your class with your professor, you should become familiar with the 1909 Copyright Act and the 1976 Copyright Act as amended by the Berne Convention. In particular, you should have some knowledge of the interest and expense test for determining a "work made for hire" under the 1909 Act and the Reid multifactor test for determining a "work made for hire" under the 1976 Act.
If you do not have this background, do the lesson anyway to acquaint yourself with the rules and doctrine of "works made for hire" but do not concentrate on scoring. After your initial exposure to the material, revisit the lesson at some later point to confirm your understanding of the "work made for hire" doctrine.
This lesson deals with the dissociation of partners under the Revised Uniform Partnership Act (RUPA). It discusses the events that result in dissociation under Section 601 of the RUPA, whether dissociation is wrongful or not, and touches on the consequences of wrongful dissociation.
This is the first of three lessons dealing with dissociation and dissolution under the RUPA. The second lesson in the series discusses the causes of partnership dissolution and the Article 7 buyout right for dissociated partners when the partnership is not dissolved. The second lesson also covers liability issues that arise after the dissociation of a partner. The third lesson in the series discusses the consequences of dissolution--the winding up process and the payment of partner accounts.
If you intend to complete all three lessons, it would make sense to complete this lesson first.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
This lesson is best used after studying the material in class. Unlike many of CALI's other lessons, this lesson takes a more problem oriented approach to learning the material. The lesson provides students with additional problem sets to work through, allowing students to refine their ability to apply the Code and Regs. to a variety of situations.
