At common law, a distinction was made between the perpetrator of a crime, and the perpetrator's accomplices. In this lesson, we examine the common law definitions that applied to accomplices, and modern approaches to complicity, including the Model Penal Code. This lesson is intended for students who have studied these issues in class, and who wish to refine their knowledge and understanding.
This lesson continues our discussion of accomplice liability. In a prior lesson, we examined how the common law and the Model Penal Code classified various types of accomplices. In another prior lesson, we examined the actus reus requirement for accomplice liability. In this lesson, we continue the discussion by focusing on the mens rea requirement for accomplice liability. The lesson is intended for students who have studied these issues in class, and who wish to refine their understanding and knowledge of the topic.
This lesson explores discharge of a debt by accord and satisfaction. It can be run either as an introduction to the study of accord and satisfaction or as a review after you have completed your study.
This exercise provides an introduction to the act requirement. In particular, it addresses the definition of "act," voluntariness, liability for omissions (failures to act), and possession offenses.
This lesson provides an introductory overview of adverse possession.
This lesson focuses upon the concept of "color of title" and the role that it plays in the resolution of adverse possession disputes. The lesson should assist students in understanding: the distinction between claims of possession with color of title and without color of title; the significance of color of title as a basis (in some states) for shortening the statutory period for adverse possession; and the significance of color of title as a prerequisite for a claim of title by constructive adverse possession.
This lesson focuses upon the requirements that claims of adverse possession must be exclusive, continuous (without interruption), and that the possessor must satisfy all elements of the adverse possession standard for the applicable statutory period.
This lesson focuses upon the requirement that an adverse possession claim must be based upon possession that is sufficiently "hostile" and "under claim of right." This lesson addresses the following topics: the rationale behind the "hostile/under claim of right" requirement and how it relates to the other elements of the common law adverse possession rule; the significance of "permission to occupy land" under adverse possession doctrine, and how to distinguish between permissive and hostile claims; and the legal standards by which differing courts have evaluated the hostility of a possessor’s claim, either by reference to the possessor’s actions (objectively), or state of mind (subjectively).
This lesson focuses on the "open and notorious" element of the common law adverse possession standard. This lesson and its accompanying questions should help students understand the following: the rationale behind the "open and notorious" requirement; how courts have applied the "open and notorious" requirement in a variety of different factual settings, including boundary line encroachments, subsurface rights, and "open lands" (large, unenclosed parcels of land not presently suitable for cultivation or development); and how the "open and notorious" requirement relates to the other elements of the common law adverse possession rule.
This lesson focuses upon a number of doctrines that are closely related to adverse possession of land. It includes a discussion of the following doctrines: agreed boundaries; mutual recognition and acquiescence; estoppel; good faith improvement; and the extent to which one can establish title to chattels by adverse possession (or by the operation of finding statutes).
This lesson concludes the set of lessons on adverse possession with a series of review questions (including true-false, multiple choice, and essay questions) to test overall student understanding of the various elements of the adverse possession standard, as explored in the earlier lessons. This lesson may prove most helpful to students when reviewing the doctrine of adverse possession as part of their exam preparation.
A Question and Answer session with Prof. McFarland, author of several of CALI's lessons in Tort Law and Civil Procedure. Prof. McFarland has been teaching for over 30 years. His comments in this podcast about the first semester of law school focus on the Socratic method, preparing for class, note-taking during class, class participation, "riding out" that "lost at sea" feel common during the first few weeks of law school, the appropriate use of study aids, advice about law school exams, and general advice on doing well in law school.