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1L - First Year Lesson Topics

Commerce Clause Issues in Environmental Law

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.

Comparative Fault

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.

Concurrence

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.

Conditions

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.

Consent

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.

Consent as a Defense to Intentional Torts

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.

Consideration: Advanced Issues

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.

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