This lesson covers First Amendment doctrine and theory pertaining to commercial speech. The lesson considers the development of commercial speech from unprotected to protected speech; the applicable constitutional tests for evaluating commercial speech, the doctrine regarding mandated disclosures in commercial contexts, and recent cases decided by the Roberts Court considering commercial speech.
A basic introduction (or refresher!) about sources of law, court structure, and precedent.
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. 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 performing.
This lesson considers the differences between the various comparative fault schemes found in different jurisdictions. It begins by considering in what respects the plaintiff's conduct is being compared with the defendant's conduct. Next, it introduces students to the three main types of comparative fault schemes before going on to illustrate when and how they lead to different results, with particular reference to aggregation of defendants' fault.
This is a basic lesson covering the common law doctrine of concurrence. At common law, crimes required not only an actus reus and a mens rea but concurrence of the two. Through use of scenarios involving the common law crimes of murder, robbery, burglary and larceny (which are briefly introduced), the requirements for concurrence are explored. In addition, also through the use of scenarios, the doctrine is distinguished from the related doctrines of causation and mistake. Finally, concurrence as to attendant circumstances is also addressed. After completing this lesson, the student should have a working knowledge of the common law doctrine of concurrence and some understanding of how modern common law jurisdictions deal with the issues raised by this doctrine.
This lesson explores the concept of conditions in the law of contracts. It distinguishes promises from conditions, discusses the various kinds of conditions, and explains ways the courts relieve parties from the harsh effect of conditions. The lesson concludes with two sample exam questions.
This lesson is meant to provide you with an introduction to Connecticut primary legal materials. After you have completed this lesson, you will have a better understanding of where to find and how to use Connecticut primary law materials, including case law, statutes, and regulations.
This lesson explores the various ways in which the criminal law considers victim consent. Topics include consent as negating an offense element, consent as justification, effective consent, and limitations on consent as a defense.
This interactive exercise addresses the topic of consent as a privilege or defense to various intentional tort claims. It begins with a consideration of how consent is determined to exist and then explores various applications of the defense in contexts such as medical encounters and sporting events. Consideration is given to how the courts have utilized the concept of consent in balancing the competing interests of the plaintiff and the defendant in relation to overarching policy goals.
This lesson addresses a number of issues involving consideration, including whether there was a bargain, whether there is consideration for the settlement of a claim, and whether one of the promises was illusory. You should run it after you have run the lesson on Consideration: The Basics of Consideration and the Bargain Theory.
This lesson takes a look at the basic aspects of the contractual element of Consideration. In a typical transaction, the consideration (described as a bargained-for-exchange) is what induces the making of the promise by the offeror. In turn, the promise induces the furnishing of the consideration by the offeree. Consideration is the ordinary means for justifying the enforcement of the promises by the parties. This lesson sets out the basic requisites for establishing consideration.
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?