Learning Outcomes

There are 1,557 learning outcomes described for 372 lessons so far. Learning outcomes will eventually be available for all of CALI's 1,060+ lessons.

On completion of the lesson, the student will be able to:

Business Associations

  • Authority: Actual and Apparent (BA01)
    1. Identify the two basic types of authority -- actual authority and apparent authority.
    2. Explain how actual and apparent authority are created.
    3. Analyze the differences between actual and apparent authority.
    4. Discuss the concept of inherent agency power.
  • Liability of Agent to Third Parties: On the Contract and Warranty of Authority (BA02)
    1. Explain the general concept that an agent acts on behalf of a principal and is not personally liable to third persons with whom he or she has dealt.
    2. Examine situations where the agent may be personally liable to third persons.
    3. State the distinctions between disclosed, undisclosed, and unidentified principals.
    4. Discuss the concept of warranty of authority and a plaintiff’s options for recovery.
  • Introduction to Agency: Defining Agency Relationships (BA03)
    1. Define the terms "principal" and "agent."
    2. Explain how the law of agency governs the relationships between individuals and/or organizations who accomplish their work by using the services of others.
    3. Discuss the legal requirements for forming an agency relationship.
    4. Analyze the qualifications one must have in order to be a principal or an agent.
    5. Examine the impact of forming agency relationships.
  • Employer and Employee Relationships (BA04)
    1. Explain the difference between an employer/employee relationship in agency law and the relationship with the status of independent contractor.
    2. Discuss how to distinguish between an employer/employee relationship and an independent contractor relationship.
    3. Describe what acts of the employee might cause the employer to be held liable.
    4. Analyze why the distinction is important regarding taxes, liability and duties and immunity.
  • Ratification (BA05)
    1. Define ratification.
    2. Define the purpose of agency law.
    3. Explain how ratification comes into play when the agent is not authorized and the third party wants to hold the principal liable for the agent's unauthorized act.
    4. Analyze how ratification can only occur when the principal knows all the material facts at the time of ratification.
    5. Discuss the doctrine of adoption and its similarity and difference from ratification.
  • Management and Financial Rights of Partners (BA06)
    1. Explain the difference between mandatory rules and default rules in the Uniform Partnership Acts.
    2. Describe how the partnership default rules determine the value of the partners' capital accounts.
    3. Describe how voting rights are allocated under the partnership act default rules.
    4. Describe how profit sharing is determined under the partnership act default rules.
    5. Describe how sharing of partnership losses is determined under the partnership act default rules.
    6. Describe how additional contributions of partners are dealt with under the partnership act default rules.
    7. Define the rights partners have to transfer their financial interests in the partnership.
  • Authority of Partners to Bind the Partnership (BA07)
    1. Describe the actual authority of partners to bind a partnership in contract.
    2. Discuss the concept of apparent authority.
    3. Explain inherent agency power.
  • Are you my Partner? Is this a Partnership? (BA08)
    1. Define the concept of partnership and the elements courts examine to determine if a partnership exists.
    2. Discuss the differences between a partnership and a sole proprietorship.
    3. Explain the legal consequences associated with being labeled a partner.
    4. Analyze other business relationships that may arise if no partnership is formed.
  • Partnership Dissociation (BA09)
    1. Explain what it means for a partner to dissociate from a partnership.
    2. Identify some of the events that result in the dissociation of a partner.
    3. Discuss the concept of wrongful dissociation, when a dissociation may be wrongful and the consequences.
  • Partnership: Dissolution and the Article 7 Buyout Obligation (BA10)
    1. Discuss some of the consequences of partner dissociation.
    2. Identify events that result in the dissolution of any type of partnership.
    3. Analyze issues of the liability of a partner after dissociation and the liability of a partnership for a partner's actions after dissociation.
  • Entity Selection/Introduction to LLCs (BA11)
    1. Discuss some issues to consider when forming an entity, such as ease of formation, operation and control, tax issues and more.
    2. Analyze these issues when forming a sole proprietorship, general or limited partnership, corporation, and limited liability company.
    3. Explain how a limited liability entity provides the flexibility and liability protection of a corporation without as many formalities.

Civil Procedure

  • Drafting a Complaint (CIV01)
    1. Write a complaint.
    2. Distinguish between sample paragraphs and select the best ones for the complaint.
    3. Compose a complaint which pleads grounds for jurisdiction.
    4. List the elements of the claim at the proper level of generality.
    5. Recall how to avoid superfluity or violation of Rule 11.
  • An Interpleader Primer (CIV21)
    1. Define interpleader.
    2. List the four "classic" limitations to interpleader prior to the advent of the federal statute.
    3. List the requirements of 28 U.S.C. § 1335.
    4. Analyze the interpleader statute's own provisions for personal jurisdiction and venue under 28 U.S.C. §§ 1397 and 2361.
    5. Explain the need and authority for injunctions.
    6. Apply State Farm v. Tashire.
    7. Distinguish statutory interpleader from interpleader under Rule 22.
  • Discovery Privileges: Work Product (CIV23)
    1. Explain the requirements of work product.
    2. Discuss the exception to work product in cases of substantial need and undue hardship.
    3. Apply each of those requirements to different fact patterns.
    4. Analyze hypothetical documents to determine whether they would need to be produced in discovery.
  • Rule 12 Motion Practice (CIV24)
    1. Explain the nature of the defenses that can be raised in a Rule 12 motion.
    2. Explain the appropriate motion for each defense, and the consequence of omitting certain defenses from a motion or pleading.
  • Venue (CIV25)
    1. Analyze venue in federal court using the general federal venue statute.
    2. Explain some common special situations in which the general statute does not provide the answer.
    3. Explain that the analysis of venue statutes other than the general venue statute may be unexpected and require creative arguments.
  • Transient Jurisdiction, General Jurisdiction, and Domicile (CIV26)
    1. Define the legal concept of domicile.
    2. State the holding of Pennoyer v. Neff.
    3. Define transient jurisdiction.
    4. Define general jurisdiction.
    5. Distinguish general from transient jurisdiction.
    6. Analyze a problem for domicile issues.
  • Removal and Remand: The Basics (CIV27)
    1. Explain the standard for removal, who can remove a civil action, to which court a civil action must be removed, and the forum defendant rule.
    2. Explain how to apply § 1441(a) and § 1441(b)(2).
    3. Explain what goes in a removal notice under § 1446, the role of the state court after removal, the standard for determining whether the amount in controversy is satisfied in a removed case, the timing rules for removed cases, and the rule of unanimity.
    4. Apply the various rules found in § 1446 to new fact patterns.
    5. Explain the difference between motions to remand for lack of subject matter jurisdiction and motions to remand based on procedural defects in removal.
    6. Explain and apply the timing rules that govern motions to remand.
  • Basics of Supplemental Jurisdiction through the Ice-Cream Method (CIV28)
    1. Explain the difference and the relationship between original jurisdiction and supplemental jurisdiction.
    2. Explain the functions of each part of the supplemental jurisdiction statute, 28 U.S.C. § 1367, by breaking up the statute into its "granting," "taking-away," "punting," and "saving" functions.
    3. Describe the relationship between supplemental jurisdiction and statutes of limitations.
    4. Analyze and test your understanding of other areas of law that underlie supplemental jurisdiction (namely, diversity, federal question, removal, and joinder), through study and mastery of supplemental jurisdiction.
    5. Improve your skills at reading and analyzing complex statutory language.
  • Discovery Privileges: Attorney-Client Privilege (CIV29)
    1. Explain whose law of privilege applies in the federal courts.
    2. List and analyze the elements of the attorney-client privilege, including its application to non-human clients.
    3. Apply the doctrine to new sets of facts.
    4. Recognize the ways in which clients can waive the privilege outside the context of litigation.
  • Forum Non Conveniens and Transfer of Venue (CIV31)
    1. Explain the difference between forum non conveniens and transfer of venue, and when each is appropriate, especially in federal court.
    2. List the relevant factors to use in analyzing forum non conveniens and transfer.
    3. Explain the basics of the various statutory bases for transfer in federal court: Sections 1404(a), 1406, 1631, and the multidistrict provision 1407.
  • Diversity Jurisdiction (CIV32)
    1. Explain how to determine the citizenship of natural persons, corporations, unincorporated entities and representatives.
    2. Explain the complete diversity requirement.
    3. Explain the test for ascertaining whether the amount in controversy requirement is satisfied.
    4. Explain the basic aggregation rules.
    5. Understand alienage jurisdiction.
    6. Understand hybrid diversity and alienage jurisdiction.
    7. Explain the difference between the constitutional and statutory grants of diversity jurisdiction.
    8. Apply the diversity and alienage jurisdiction rules and test to new fact patterns.
  • Mastering Federal Question Jurisdiction in Two Steps (CIV33)
    1. Define basic concepts and terminology.
    2. Explain the scope of Constitutional versus statutory federal question jurisdiction.
    3. Explain the purpose of the "well-pleased complaint" rule.
    4. Define the two tests used to analyze the plaintiff's cause of action.
    5. Distinguish between the Holmes "creation" test; and the Grable/Gunn test.
  • Issue Preclusion (CIV34)
    1. Describe differences between claim and issue preclusion.
    2. Explain the three elements of issue preclusion and the many exceptions to its application.
  • Discovery: Relevance and Proportionality (CIV35)
    1. State the definition of relevance for discovery purposes.
    2. Apply the concept of logical relevance to a variety of fact patterns
    3. List, apply, and evaluate the Rule 26 factors intended to ensure that the burden of discovery is proportional to its expected value.
  • Rule 11 and Ethical Pleading (CIV36)
    1. Explain the purpose of the Rule, the ethical requirements it imposes, the possible sanctions for violating the Rule, the procedures for imposing those sanctions, and some important limitations of the Rule.
  • Rule 50 - Judgment as a Matter of Law (CIV37)
    1. Define what a rule 50 motion is and explain why it is important.
    2. Define who can bring such a motion.
    3. Explain the timing of a Rule 50 motion.
    4. Explain the procedure for a renewed motion.
    5. Define what is meant by remittitur.
  • Discovery Processes (CIV38)
    1. Explain the general duty of good faith that governs discovery processes.
    2. Name the required components of the initial discovery conference.
    3. Apply your knowledge of discovery relevance to discovery planning.
    4. Identify the discovery devices provided by the Federal Rules of Civil Procedure.
    5. Analyze which device is best suited to obtain which kind of information.
    6. Choose the proper way to object to discovery requests (including objections to preserve privileges).
    7. Explain how to get a court to rule on a discovery dispute.
    8. Analyze what sanctions courts can impose when a litigant has failed to comply with the rules.
  • Summary Judgment under Rule 56 (CIV39)
    1. Define the purpose of summary judgment.
    2. Explain the standards used to decide summary judgment motions.
    3. Explain the procedures followed by the parties and the court in making and deciding motions for summary judgment.
  • Claim Preclusion (CIV40)
    1. List the elements of claim preclusion.
    2. Define the effect of claim preclusion on subsequent litigation.
    3. Explain when a subsequent claim is sufficiently related to the earlier claim to fall within its preclusive effect.
    4. Define the meaning of an adjudication "on the merits" entitling the judgment to preclusive effect.
    5. Identify the circumstance in which a non-party to earlier litigation will be deemed to stand in the shoes of an earlier litigant pursuant to the "privity" doctrine.
    6. Describe the impact of a judicial designation that a dismissal is with or without prejudice.
    7. Compare the occasions in which a defendant may be precluded from later asserting a claim that could have been asserted as a counterclaim in the prior preceding.
    8. List the various exceptions to claim preclusion.
  • Electronic Discovery (CIV41)
    1. Explain the concept of electronically stored information.
    2. Understand what triggers the duty to preserve ESI that will be relevant to litigation and the general mechanics of a "litigation hold."
    3. List the types of ESI issues that must be discussed in early discovery planning.
    4. Describe the process through which requests for ESI are made and responded to.
    5. Identify and apply the sanctions that are available for "spoliation" -- the wrongful deletion of ESI.
  • Rule 4(k) (CIV42)
    1. Explain the significance of state long-arm statutes to federal courts.
    2. List the occasions in which federal courts do not need to rely on state law to acquire personal jurisdiction.
    3. Explain the ways in which the constitution constrains federal courts' assertions of personal jurisdiction differently than state courts.
  • Class Action Basics (CIV43)
    1. Identify and apply the four prerequisites under Rule 23(a) that a class must satisfy in order to be certified.
    2. Define the term "commonality."
    3. Define the term "typicality."
    4. Differentiate commonality from typicality.
    5. Explain the element of adequacy of representation.
    6. Identify the different types of classes allowed under Rule 23(b).
    7. Describe the notice requirements under Rule 23(c)(2).
  • Introduction to Specific Jurisdiction (CIV44)
    1. Explain where specific jurisdiction fits into the requirement that courts need authority to adjudicate.
    2. Describe the relationship of specific jurisdiction to general jurisdiction.
    3. Distinguish the different threads of due process that constrain the exercise of specific jurisdiction, and the concepts of purposeful availment, targetting and relatedness.
  • Removal and Remand: Litigation Strategy (CIV45)
    1. Identify and explain the primary strategies plaintiffs employ to thwart removal, including joinder of a non-diverse or forum defendant, manipulation of the amount-in-controversy, and elimination of all references to federal law from the complaint.
    2. Identify and explain the primary counter-strategies defendants use to defeat plaintiffs' forum choice, including use of the fraudulent joinder doctrine, pre-service removal, removal based on the plaintiff's bad faith actions, and the doctrine of complete preemption.
    3. Recognize facts patterns in which the plaintiff has successfully thwarted removal.
    4. Recognize fact patterns in which the defendant has successfully defeated the plaintiff's forum choice.
  • Notice and Service of Process (CIV46)
    1. Apply the constitutional standard for notifying a defendant that she has been sued.
    2. Explain the basic parts of service under Rule 4: what must be served, who can effect service, when service must be made, and how proof of service works.
    3. Explain the different methods for serving individuals within the United States, individuals outside of the United States, and entities under Rule 4.
    4. Explain waiver of service of process under Rule 4.

Contracts

  • The Pre-Existing Duty Rule, Contract Modification, and Accord & Satisfaction (CON01)
    1. Explain how the common law pre-existing duty rule applies to modifications.
    2. Determine whether the modification of a contract is enforceable under the modern common law rule.
    3. Determine whether the modification of a contract is enforceable under the UCC rule.
    4. Distinguish between modification and accord and satisfaction.
    5. Distinguish between an executory accord and a substituted contract.
    6. Distinguish between a liquidated debt and an unliquidated debt.
    7. Apply the elements of UCC § 3-311 to a fact situation involving payment by check to determine whether an accord and satisfaction was reached.
  • Drafting a Contract: The Sale of Goods (CON04)
    1. Select the most appropriate terms to include in a contract.
    2. Select the most appropriate language to express the terms of the contract.
    3. Employ knowledge of substantive law to draft a sales contract.
  • Third Party Beneficiaries (CON05)
    1. Determine which third parties may enforce a contract.
    2. Determine when the rights of a third party vest.
    3. Determine the defenses that may be asserted against a third party.
  • The Parol Evidence Rule (CON06)
    1. Identify the evidence offered.
    2. Determine the purpose for which the evidence is offered.
    3. Explain how to determine the intent of the parties.
    4. State the parol evidence rule.
    5. Critique the purposes served by the rule.

Sales

  • Exploring Article 2 (CON10)
    1. Explain the concept of "default rules."
    2. Determine whether a particular contract term represents the default rule or has been changed by the parties.
    3. Recognize a Code section when it is exemplified in a contract
    4. Evaluate the language used to express a term in a contract.

Contracts

  • The Statute of Frauds (CON11)
    1. Explain the policy behind the Statute of Frauds
    2. Determine whether a particular agreement is within the Statute of Frauds.
    3. Explain what it means for an oral agreement to be evidenced by a writing for purposes of the Statute of Frauds.
    4. Determine when a particular oral agreement that is not evidenced by a writing is nevertheless enforceable.
  • Defenses (CON12)
    1. Explain how a defense affects the formation of a contract.
    2. Explain why defenses apply to UCC transactions even though the defenses are not found in Code provisions.
  • Void, Voidable and Unenforceable Contracts (CON13)
    1. Distinguish between agreements that are void, voidable, and unenforceable.
    2. Give examples of agreements that are a) void, b) voidable, and c) unenforceable.
  • Illegal Promises (CON14)
    1. Distinguish between an "agreement" and a "contract."
    2. Describe the circumstances in which a court will refuse to enforce an agreement on grounds of illegality.
    3. Appraise whether it is ethical for an attorney to include an illegal provision in a contract he or she is preparing.
  • Lack of Capacity (CON15)
    1. Distinguish between lace of capacity as a matter of law and lack of capacity as a matter of fact.
    2. Explain the rules on whether minors can avoid contracts and the policies behind those rules.
    3. Apply the different tests for lack of mental capacity to particular fact situations.
  • Duress and Undue Influence (CON16)
    1. Apply the elements of duress to particular fact situations.
    2. Determine whether there is undue influence in particular fact situations.
  • Unjust Terms (Unconscionability) (CON17)
    1. State the elements of a claim that a contract or a contract term is unconscionable.
    2. Apply the elements of unconscionability to particular fact situations.
  • Misunderstanding and Mistake (CON18)
    1. Distinguish between mistake and misunderstanding.
    2. Explain why misunderstanding results in no contract being formed.
    3. Explain when a contract is reformed because of a mistake in integration.
    4. Explain the remedy for mistake in performance.
    5. Apply the elements of mutual mistake to particular fact situations.
    6. Distinguish between unilateral mistake and mutual mistake.
    7. Analyze a release to determine whether it is enforceable.
  • Fraud and Misrepresentation (CON19)
    1. Distinguish between tort fraud and contract fraud
    2. Explain what is meant by "innocent misrepresentation" and the remedy for it.
  • Conditions (CON20)
    1. Distinguish between a promise and a condition.
    2. Distinguish between an express condition and an implied condition.
    3. Give examples of the ways in which the harsh effects of a condition can be excused.
  • Mutuality of Obligation (CON21)
    1. Define "mutuality of obligation."
    2. Explain what is meant by "illusory promise."
  • Satisfaction Clauses (CON22)
    1. Distinguish between illusory promises and promises with enforceable satisfaction clauses.
    2. Determine whether a court will apply an objective or subjective standard of satisfaction.
  • The Seal (CON23)
    1. Define "seal."
    2. State the UCC rule on contracts under seal.
    3. Explain the significance of a seal in a jurisdiction that has a statute providing for contracts under seal.
  • Statutes Dispensing With Consideration (CON24)
    1. Distinguish between fact situations where a contract requires consideration and the exceptions where no consideration is required.
    2. Analyze whether a statute dispensing with consideration applies to a particular fact pattern.
  • Implied Terms (CON25)
    1. Distinguish between interpretation and implication.
    2. Explain when a common law court will imply terms.
    3. Give examples of how the UCC gap fillers are used to complete contracts.
  • Good Faith (CON26)
    1. Define good faith.
    2. Give examples of when good faith is required in common law contracts.
    3. Distinguish between the two elements of good faith in the UCC.
  • Warranties (CON28)
    1. Identify a UCC express warranty.
    2. Give examples of the different implied warranties that may be found in a UCC contract.
    3. Determine whether contract language is conspicuous.
    4. Determine whether language is effective to disclaim a UCC implied warranty.
  • Interpretation of Contracts (CON35)
    1. Describe the different tests courts use to determine whether to admit evidence of interpretation.
    2. Explain the difference between objective and subjective meanings.
  • Anticipatory Repudiation and Assurances of Performance (CON36)
    1. Determine when there has been an anticipatory repudiation.
    2. Describe the non-breaching party's remedies when the other party breaches by anticipatory repudiation.
    3. Analyze whether the elements of a demand for adequate assurance of performance have been satisfied in a particular fact situation.
  • Mutual Assent (CON37)
    1. Differentiate between the objective theory of assent and the subjective theory.
    2. Explain the importance of context in determining intent.
    3. Give examples of the parties' intention to be bound or not to be bound by an agreement.
    4. Recognize when a misunderstanding prevents mutual assent.
  • Invitations to Negotiate and other Expressions that are not Offers (CON38)
    1. Distinguish between an offer and a preliminary negotiation.
    2. Determine when an advertisement is an offer.
    3. Determine when price quotes and invitations to bargain are offers.
    4. Explain what constitutes the offer and the acceptance at an auction.
  • Offer (CON39)
    1. Define "offer."
    2. Analyze the words used and the surrounding circumstances to determine whether a person has intended to make an offer.
    3. Explain how a court may supply terms to make an offer more definite.
    4. Determine whether an offer was communicated to the party who purports to accept it.
  • Duration of Offers (CON40)
    1. Determine whether an offer is open at the time the offeree purports to accept it.
    2. Identify the events that can terminate an offer.
    3. Explain when a counteroffer is made by an offeree.
    4. Give examples of situations where an offer is either revocable or not revocable.
  • Option Contracts and Firm Offers (CON41)
    1. Define an "option contract."
    2. Describe how an option contract is formed.
    3. Give an example of a "firm offer" under UCC § 2-205.
  • An Introduction to Contract Remedies (CON42)
    1. Explain where the rules of contract law come from.
    2. Apply the principles of contract remedies to a particular fact situation.
  • Restitution (CON43)
    1. Give examples of when restitution may be awarded where there is no contract.
    2. Give examples of when restitution may be awarded when there is a contract.
    3. Evaluate whether a breaching party may recover in restitution.
    4. Describe how the amount of restitution may be calculated.
  • Express and Implied Contracts (CON44)
    1. Define "implied-in-fact contract," "implied-in-law contract," and "express contract."
    2. Distinguish between implied-in-fact contracts and implied-in-law contracts.
    3. Distinguish between express contracts and implied-in-fact contracts.
    4. Describe the circumstances in which an implied-in-law contract (quasi-contract) arises.
  • Bilateral and Unilateral Contracts (CON45)
    1. Define "unilateral contract" and "bilateral contract."
    2. Describe how an option contract is created when a promisor makes an offer to enter into a unilateral contract.
    3. Give examples to show comprehension of the differences between 1) offers to be accepted by promise, 2) offers to be accepted by performance, and 3) offers to be accepted by either promise or performance.
  • Written Agreement Contemplated v. Written Memorialization (CON46)
    1. Distinguish between a situation where the parties intend that a signed written agreement will merely memorialize a valid oral agreement and a situation where the parties intend not to be bound until they have signed a written agreement.
    2. Evaluate the applicable factors to determine the intention of the parties in the situations described in Outcome 1.
    3. Define "letter of intent."
  • Letters of Intent and Other Formal Preliminary Agreements (CON47)
    1. Explain the concept of "preliminary agreement."
    2. Analyze the language of a preliminary agreement to determine the extent to which each party has made a commitment.
    3. Determine when the parties to a preliminary agreement may have an obligation to negotiate in good faith.
  • UCC Remedies: Seller's Remedies When Buyer is in Breach (CON48)
    1. Distinguish between remedies available when the buyer has the goods and when the seller has the goods.
    2. Explain the formulas for seller's resale remedy and seller's market remedy.
    3. Articulate why there is a special rule for the lost volume seller.
    4. Explain the remedies available when the buyer has given the seller a down payment.
  • UCC Remedies: An Introduction (CON49)
    1. Distinguish between the U.C.C. regulatory rules and the U.C.C. default rules.
    2. Evaluate authority as mandatory or persuasive.
    3. Give examples of how the U.C.C. works in conjunction with the common law.
  • UCC Remedies: Buyer's Remedies When the Seller is in Breach (CON50)
    1. Distinguish between remedies available when the seller has the goods and when the buyer has the goods.
    2. Explain the formulas for buyer's cover remedy and buyer's market remedy.
    3. Articulate when a buyer is entitled to incidental and consequential damages.
    4. Explain the remedies available when the buyer has accepted the goods.
  • Cost of Completion (CON51)
    1. Define the doctrine of "economic waste."
    2. Evaluate whether a plaintiff is likely to recover the cost of completion or the diminution in value.
  • Reliance Damages (CON52)
    1. Distinguish between reliance on a promise where there is no contract and reliance damages for breach of contract.
    2. Apply the elements of Restatement § 90 to fact situations where there is no contract.
    3. Determine which losses the non-breaching party can claim in reliance where there is a contract.
  • Substantial Performance (CON53)
    1. Define substantial performance.
    2. Explain the U.C.C. "perfect tender rule."
    3. Apply the concept of substantial performance to particular fact situations.
  • Liquidated Damages (CON54)
    1. Define liquidated damages.
    2. Describe the circumstances in which a court is likely to enforce a liquidated damages clause.
    3. Evaluate the policy arguments for and against enforcing liquidated damages.
  • Specific Performance (CON55)
    1. Define specific performance.
    2. Explain when a court is likely to award specific performance.
  • Expectation Damages (CON56)
    1. Explain what is meant by expectation damages.
    2. Calculate the expectation damages in a variety of fact situations.
  • Certainty (CON57)
    1. Explain why courts require plaintiffs to prove damages to a reasonable certainty.
    2. Give examples of the ways a plaintiff can make damages reasonably certain.
  • Foreseeability (CON58)
    1. Restate what happened in Hadley v. Baxendale.
    2. Describe what it means that losses are foreseeable.
    3. Explain how a party can shift the risk of a foreseeable loss it would otherwise bear.
  • Mitigation (CON59)
    1. Define the concept of mitigation.
    2. Explain why there is not a "duty" to mitigate.
    3. Apply the concept of mitigation to particular fact situations.
  • Overview and Sources of Contract Law (CON60)
    1. Name the elements of a claim for breach of contract.
    2. Explain the source of the Uniform Commercial Code (UCC) and why it is not uniform.
    3. Distinguish transactions to which the UCC applies from transactions to which the common law applies.
    4. Explain the source of the Restatement (Second) of Contracts.
    5. Apply the concepts of "default rules" and "freedom of contract."
  • Acceptance (CON61)
    1. Describe the elements of an effective acceptance.
    2. Explain the "mirror image" rule.
    3. Distinguish between acceptance by promise, acceptance by performance, and acceptance by promise or performance.
    4. Identify the party who can accept an offer.
    5. Give examples of situations where silence can constitute acceptance.
    6. Explain the effect of a rejection, a counter-offer, and an inquiry.
  • The Mailbox Rule (CON62)
    1. Recall the "Mailbox Rule."
    2. Explain the exceptions to the rule.
    3. Describe how the rule applies to option contracts.
  • Indefiniteness (CON63)
    1. Describe when an agreement with indefinite terms is enforceable under the common law.
    2. Identify the "gap fillers" that make an agreement with indefinite terms enforceable under the UCC.
  • Battle of the Forms (UCC 2-207) (CON64)
    1. Explain the common law "mirror image" rule.
    2. Analyze whether a contract is formed under UCC § 2-207 in different fact situations.
    3. Determine, when a contract is formed under UCC § 2-207, which terms are included in the contract.
  • Formation of Contracts under UCC Article 2 (CON65)
    1. Explain when UCC Article 2 applies to a transaction.
    2. Distinguish between formation of a contract under the common law and formation under Article 2.
    3. Recognize when shipment is a reasonable method of acceptance.
    4. Recognize when a "firm offer" has been made.
    5. Distinguish between modification under the common law and modification under Article 2.
  • Assignment and Delegation (CON66)
    1. Define the vocabulary used in assignment and delegation.
    2. Explain when assignment and delegation are not permitted.
    3. Select appropriate language to draft provisions that prohibit assignment and delegation.
  • Consideration: The Basics of Consideration and the Bargain Theory (CON67)
    1. Explain the meaning of "bargained-for exchange."
    2. Give an example showing how consideration can be for the benefit of a third party.
    3. Explain the concept of "adequacy of consideration."
    4. Define "nominal consideration."
    5. Explain how consideration applies to option contracts.
    6. Give an example of consideration for multiple promises.
  • Accord and Satisfaction (CON68)
    1. Distinguish between accord and satisfaction and other forms of discharge of contractual obligations.
    2. Explain the various forms that consideration for discharge of an obligation can take.
    3. Determine whether offer and acceptance have been complied with in the formation of an accord.
    4. Apply the elements of UCC § 3-311 to a fact situation involving payment by check to determine whether an accord and satisfaction was reached.
    5. Distinguish between a liquidated debt and an unliquidated debt.
    6. Distinguish between an executory accord and a substituted contract.
  • Modification (CON69)
    1. Distinguish between modification and other forms of discharge of contractual obligations.
    2. Explain how the common law pre-existing duty rule applies to modifications.
    3. Determine whether the modification of a contract is enforceable under the modern common law rule.
    4. Determine whether the modification of a contract is enforceable under the UCC rule.
    5. Analyze whether a no-oral-modification clause in a contract is enforceable.
    6. Distinguish between modification and waiver.
    7. Analyze whether a non-waiver provision in a contract is enforceable.
  • Agreements Lacking Consideration: Gift Promises (CON71)
    1. Distinguish between a bargained-for exchange and a gift promise.
    2. Distinguish between a gift promise and a gift.
    3. Explain when charitable promises are enforceable.
  • Agreements Lacking Consideration: Past Consideration and Moral Obligation (CON72)
    1. Define "past consideration."
    2. Give examples of when a moral obligation may be sufficient to support a promise.
    3. Give examples of when a voidable contract becomes enforceable.
  • Consideration: Advanced Issues (CON73)
    1. Distinguish between situations where consideration is bargained-for and situations where it is not.
    2. Explain when there is consideration for release of an invalid claim.
    3. Distinguish between illusory contracts and a) satisfaction clauses, b) implied obligations, and c) output and requirements contracts.
  • CISG Basics: Scope and General Provisions (CON74)
    1. Determine when the CISG applies to a transaction.
    2. Explain how the CISG parol evidence rule differs from the Article 2 parol evidence rule.
  • CISG Basics: Formation (CON75)
    1. Compare and contrast the CISG rules on offer and acceptance with the UCC rules.
  • CISG Basics: Performance (CON76)
    1. Compare and contrast the CISG rules on performance with the UCC rules.
  • Excuse Doctrine: Impossibility, Frustration and Impracticability (CON77)
    1. Distinguish between impossibility, frustration of purpose, and impracticability.
    2. Evaluate situations where the risk of a particular contingency has been allocated to one of the parties either expressly by agreement or impliedly.
    3. Analyze a fact scenario to determine to whether performance has become impossible, impracticable or frustrated.
    4. Determine the appropriate remedy when the obligation of a party has been discharged.
  • Risk of Loss (CON78)
    1. State the default rules for risk of loss in the absence of breach.
    2. State the default rules for risk of loss when the seller or the buyer is in breach.
    3. Demonstrate how the parties can change the default rules by agreement.
  • Installment Contracts (CON79)
    1. Define "Installment Contract" as the term is used in the UCC.
    2. Distinguish between nonconformity in an installment and breach of the whole contract.
    3. Explain why there is an exception to the "perfect tender rule" for installment contracts.
  • Rescission (CON80)
    1. Define rescission.
    2. Distinguish between mutual rescission, rescission by one of the parties, and rescission as a remedy used by a court.
    3. Explain how a court uses principles of restitution when rescinding a contract.
  • Promises, Conditions, Warranties, and Representations (CON81)
    1. Distinguish between a promise, a condition, a warranty, and a representation.
    2. Recognize these concepts when they are used in a contract.
    3. Explain the legal effect of each concept.
    4. Determine which concept to use when drafting a term in a contract.

Corporations

  • Fiduciary Duties: Meinhard v. Salmon (CORP38)
    1. State the majority decision in Meinhard v. Salmon.
    2. Explain the reasoning of the majority decision.
    3. List the major points of the dissent.
    4. Analyze whether the broad fiduciary obligations of Cardozo (majority) are better than the narrower fiduciary obligations of Andrews (dissent)?
    5. Examine the application of Coasean irrelevance.
    6. Examine the role of transaction costs.

Copyright

  • Fixation Requirement (CPY01)
    1. Define the fixation requirement.
    2. Explain the importance of fixation and its requirements.
    3. Define "copies" under the Copyright Act.
    4. Determine whether something is a "material object" under the Copyright Act.
    5. Explain what a "phonorecord" is.
    6. List the rules defining sufficient "fixation in a tangible medium of expression" to trigger copyright protection under the Copyright Act.
  • Joint Works (CPY02)
    1. Distinguish between joint works, collective works, and derivative works.
    2. Define the difference between a joint work and a jointly owned copyright.
    3. Explain when joint work status is determined.
    4. List what we know about a work when it is labeled a joint work.
    5. Explain the rights of the individual authors of a joint work.
    6. Explain what an owner of a joint work can do with a work's exclusive rights.
  • Copyright Duration (CPY03)
    1. Explain the consequence of the dual system of copyright protection that existed before 1978.
    2. Explain the renewal process before and after 1991.
    3. Describe the significance of Stewart v. Abend.
    4. List the four categories of duration.
    5. Calculate the duration of a work in each category of duration.

Criminal Law

  • Suspendatur! (CRIM03)
    1. Review Criminal Law issues addressed in the basic first year course in criminal law.
    2. Distinguish between manslaughter and murder under common law.
    3. Review fact patterns addressing crimes of rape, assault, and incest under the Model Penal Code.
    4. Distinguish between reckless homicide and negligent homicide under the Model Penal Code.
    5. Distinguish between strong and weak arguments for both the prosecution and the defense.
  • The Mens Rea of Purpose (CRIM04)
    1. Define "purpose" according to the Model Penal Code.
    2. Explain the notion of purpose as the actor's "conscious object" to engage in the prohibited conduct or to cause the prohibited result.
    3. Analyze the difference between knowledge and purpose.
    4. Explain the challenges of proving purpose.
    5. Restate some of the rationales for imposing the most severe punishments on the purposeful actor.
  • The Mens Rea of Recklessness (CRIM05)
    1. Define "mens rea of recklessness" under the Model Penal Code.
    2. List the two essential components of the MPC’s definition of mens rea of recklessness.
    3. Discuss those mental states associated with greater and lesser culpability from that of "conscious disregard."
    4. Analyze the nature of the risk at issue in recklessness, including the MPC terms "substantial" and "unjustifiable."
  • The Mens Rea of Negligence (CRIM06)
    1. Define "mens rea of negligence" under the Model Penal Code.
    2. List the two components of the MPC’s definition of mens rea of negligence.
    3. Analyze the concept of "failure to perceive" a risk that should have been perceived.
    4. Express the rationale for imposing punishment only rarely on an actor whose mental state involves no more than the failure to perceive a risk.
    5. Explain the nature of the risk at issue in negligence, including the Code terms "substantial" and "unjustifiable."
    6. Differentiate between the MPC’s objective and subjective perspectives to evaluate an actor’s risky behavior.
  • The Mens Rea of Knowledge (CRIM07)
    1. Define "mens rea of knowledge" according to the Model Penal Code.
    2. Explain the theory of punishment for a requirement that an offender be knowing in her conduct before punishment will be imposed.
    3. Distinguish knowing conduct from conduct that is merely reckless.
    4. List the hierarchy of mens rea under the Model Penal Code.
    5. Recognize the impact of attendant circumstances on an actor’s knowledge.
    6. Analyze the proof of the element of knowledge with permissive inference that the defendant acted "knowingly."
  • Constitutional Limitations: 8th Amendment (CRIM08)
    1. Quote the Eighth Amendment.
    2. Describe the general overview of the Eighth Amendment as it applies to substantive criminal law.
    3. Explain the Eighth Amendment’s scope through the prohibition on cruel and unusual "punishments" not "punishment."
    4. State the importance of Ingraham v. Wright.
    5. Analyze the significance of the proportionality requirement to substantive criminal law.
    6. Explain the significance of the "cruel and unusual punishments" clause as a backbone for the entire law of punishment.
    7. Distinguish the Eighth Amendment’s prohibition on the "infliction" of cruel and unusual punishments, not their imposition.
    8. Discuss the Eighth Amendment's possible and actual reach.
  • Constitutional Limitations: Legality (CRIM09)
    1. Explain the principle of legality: legislativity, prospectivity, specificity, and lenity.
    2. Discuss the issues of legality related to constitutional foundations; applicability to the states; and applicability to the making or the interpretation of criminal laws.
    3. Analyze the applicability to criminal and civil law, and to substantive and procedural criminal law.
  • Presumption of Innocence (Burden of Proof and Presumptions) (CRIM10)
    1. Discuss the constitutional limitations on the assignment of burdens of proof.
    2. Define burden of production.
    3. Define burden of persuasion.
    4. Define what it mean to have proved an element beyond a reasonable doubt.
    5. Identify the creation of evidentiary presumptions.
  • Punishment: Theories (CRIM11)
    1. Recall the two questions that theories of punishment address.
    2. Explain the importance of understanding punishment theories to society.
    3. Explain the four standard theories of punishment: retribution, deterrence, incapacitation, and rehabilitation.
    4. Discuss the basic features of each theory in the context of particular statutory provisions.
    5. Analyze the theories in the context of the law of crimes (substantive criminal law) and the law of punishments (sentencing law).
  • Excuses I: Duress, Entrapment, Mistake (CRIM12)
    1. Discuss the three preconditions of criminal liability, including violation of a criminal statute, absence of justification, and absence of excuse.
    2. Explain the three palatable excuse defenses.
    3. Analyze the two principles of entrapment: subjective entrapment and objective entrapment.
  • Excuses II: Insanity and Infancy (CRIM13)
    1. Explain why insanity and infancy bar the assignment of responsibility on a general incapacity to abide by the criminal law.
    2. Analyze the issue of evidence of mental defect which may be relevant on two issues: voluntariness (actus reus) and mode of culpability (mens rea).
    3. Discuss insanity as a third-level defense, an excuse.
  • Sources of Criminal Law (CRIM14)
    1. Explain the role of the three branches of government in the making of criminal law.
    2. Explain why the model penal code is studied.
  • Actus Reus (CRIM15)
    1. Discuss the act requirement in criminal law.
    2. Identify the four parts of the act requirement: act, voluntariness, omission, and possession.
    3. Analyze the requirement that criminal liability cannot be imposed without some act.
    4. Apply an exception to the act requirement: liability for an omission.
    5. Differentiate between implicit and explicit omission liability.
    6. List two sources of duties, where their neglect can give rise to omission liability.
  • Causation (CRIM16)
    1. Discuss an overview of the concept of causation.
    2. Distinguish between result offenses and conduct offenses.
    3. Analyze the distinction between factual cause and legal cause.
    4. State the Model Penal Code causation standard found in § 2.03.
    5. Explain how the Model Penal Code handles the common law legal fiction of transferred intent.
    6. Analyze the distinction between causation in general and mens rea and attempt.
    7. Research your state’s rule for tying causation explicitly to mens rea with regards to strict liability offenses.
  • Self-Defense (CRIM17)
    1. Identify the four elements of the defense of self-defense.
    2. Explain that a defendant must not be an aggressor for these general principles to apply.
    3. Analyze the Model Penal Code limits on the use of deadly force.
  • Justification Defenses: Excuse Defenses Distinguished (CRIM18)
    1. Discuss the basic distinction between the justification defense and the excuse defense, including differences between the Model Penal Code and modern views.
    2. Identify the three ordered questions bearing on criminal liability.
    3. Explain when self-defense is permissible.
  • Battered Woman's Syndrome (CRIM19)
    1. List the four essential elements of the defense of self-defense.
    2. Discuss the varying circumstances and the issues raised with respect to the possibility of a defendant invoking the defense of self-defense.
    3. Explain the use of experts and jury instructions.
    4. Analyze the defense in situations involving battered husbands, elderly parents, and children.
  • Duty to Retreat (CRIM20)
    1. Explain the common law view and the current status of the duty to retreat.
    2. Analyze the exceptions to the requirement of retreat.
    3. Provide examples of the appropriate instructions to the jury on the duty to retreat.
  • Defense of Others (CRIM21)
    1. Discuss the relationship of the defense of others to old common law defenses.
    2. Contrast the common law rules relating to the defense of others with the Model Penal Code provisions.
    3. Analyze the duty to retreat in the context of the defense of others.
  • Minimum Culpability Requirements Under the Model Penal Code (CRIM22)
    1. Discuss several sections of the Model Penal Code (MPC) § 2.02 relating to minimum culpability requirements.
    2. Identify the MPC rules that require a state of mind as to every material element of an offense.
    3. Describe the terminology of the MPC, including elements, material elements and the various states of mind.
  • Ambiguous Culpability Requirements (CRIM23)
    1. Discuss the default rules for interpreting statutes that have ambiguous culpability requirements.
    2. Describe the general rule, found in § 2.02(4).
    3. Explain that reckless is the minimum culpability if the prescribed state of mind does not extend to a material element.
    4. Explain how the legislature expresses a contrary purpose.
    5. Apply default rules relating to states of mind.
  • Mistake Under the Model Penal Code: Mistake as to Elements of Offenses (CRIM24)
    1. Discuss how ignorance or mistake of fact or law affects an actor's criminal responsibility under the Model Penal Code.
    2. Describe the relationship between the required state of mind and mistake.
    3. Explain how the MPC deals with claims of ignorance and mistake in contrast to the common law.
    4. Apply the MPC rules regarding ignorance of law and mistake as to an element of an offense to any statute.
  • Mistake As to the Law Defining the Offense (CRIM25)
    1. Discuss the relevance of the maxim, "ignorance of the law is no excuse," under the Model Penal Code.
    2. State the limited defense found in Model Penal Code § 2.04(3).
    3. Explain the issue of mistakes or ignorance as to the law defining the offense itself.
    4. Analyze the limited instances which allow a mistake defense as to the law defining the offense.
  • Concurrence (CRIM26)
    1. Define the common law doctrine of concurrence.
    2. Explain the distinction of concurrence from the related doctrines of causation and mistake.
    3. Explain motivational concurrence.
    4. Analyze concurrence as to attendant circumstances.
  • The Mens Rea of Attempts (CRIM27)
    1. State the Model Penal Code’s definition of criminal attempt.
    2. Explain the Model Penal Code’s affirmative defense of renunciation of criminal purpose.
    3. Discuss the law of attempts.
    4. Explain how the punishment of an attempt should compare to that for a completed offense.
    5. Analyze the mens rea for an attempted offense, including the distinction between knowledge and purpose.
  • Accomplice Liability - Actus Reus Requirement (CRIM28)
    1. Discuss the common law actus reus requirement of accomplice liability and how modern rules vary from the common law requirements.
    2. Analyze the common law issues of providing tools and being present regarding accomplice liability.
    3. Identify the three situations in which a person can be regarded as "legally accountable" for the conduct of another, and therefore guilty of complicity under the MPC.
  • Mistake Under the Model Penal Code: Mistake as to Defenses (CRIM30)
    1. Discuss how ignorance or mistake as to an element of a defense is treated under the Model Penal Code.
    2. Analyze the MPC Commentary to explain the rules and policy behind mistake as to defenses.
    3. State the rule of self-defense under MPC § 3.04 and § 3.09.
    4. State the "choice of evils" defense under MPC § 3.02.
    5. Explain the MPC theme of punishing defendants at the level of their personal culpability.
  • Consent (CRIM32)
    1. Describe the theories explaining why American criminal law has difficulty considering consent as a defense.
    2. Discuss two varieties of consent as a defense distinguished by the Model Penal Code.
    3. Identify the basics of the law of (definitional) consent.
    4. Analyze the two varieties of consent: one explicit and specific, the other implicit and general.
  • Introduction to Homicide (CRIM33)
    1. Discuss the distinction between criminal and noncriminal homicide.
    2. Identify the elements of homicide.
    3. Analyze the varying degrees of homicide.
    4. Apply the basic concepts of actus reus, mens rea, and causation.
  • Omissions (CRIM34)
    1. Discuss the concept of criminal culpability for omissions.
    2. Discuss the requirement of the "duty to act."
    3. Analyze the circumstances under which criminal responsibility can be imposed for omissions.
    4. Explain the justifications for imposing punishment for omissions.
  • Accomplice Liability - Definitional Issues (CRIM35)
    1. Quote the common law definitions of the four separate and distinct types of individuals involved in crimes: the principal in the first degree, the principal in the second degree, the accessory before the fact, and the accessory after the fact.
    2. Contrast the common law definitions that applied to accomplices and modern approaches to complicity.
    3. Explain the definitional issues related to accomplice liability under common law and the Model Penal Code.
    4. Explain the legal consequences that attach to those definitional issues.
    5. Distinguish the rules relating to the criminal responsibility of accomplices for a misdemeanor and a felony.
  • Accomplice Liability - Mens Rea (CRIM36)
    1. Discuss the criminal responsibility of accessories by focusing on the mens rea requirement.
    2. Compare the basic mens rea requirements under the common law and the Model Penal Code
    3. Explain what happens when the principal actor's mens rea varies from that of the accomplice.
    4. Analyze the MPC that focuses on whether plaintiff had the "purpose of promoting or facilitating commission of the offense."
  • Homicide (Murder) (CRIM37)
    1. Explain how the crime of homicide was handled under common law.
    2. Discuss how the crime of homicide is handled under the Model Penal Code.
    3. Define malice aforethought under common law and in accordance with common notions.
    4. Analyze how modern statutes alter the common law formulation, and the reasons and justifications for the alterations.
    5. Provide an example from a jurisdiction that divides the crime of murder into degrees.
  • Homicide (Murder by Degrees) (CRIM38)
    1. Examine how some modern statutes divide the crime of murder into degrees to see when and how they apply.
    2. Discuss the types of factors that might be used to aggravate a homicide from second degree murder to first degree murder.
    3. Analyze the elements of premeditation and deliberation used in many states to aggravate a homicide to first degree.
  • Homicide (Unlawful Act Manslaughter) (CRIM39)
    1. Define the crime of manslaughter under common law.
    2. Define the crime of manslaughter under modern criminal statutes.
    3. Define the felony murder doctrine under common law.
    4. Define the unlawful act manslaughter doctrine under common law.
    5. Discuss some of the concerns about the unlawful act manslaughter doctrine.
    6. Analyze how some states limit application of the unlawful act manslaughter doctrine.
  • Homicide (Defining Death and Life) (CRIM40)
    1. Examine the definitions of "death" and "life" for purposes of the law of homicide.
    2. Discuss the concept that homicide is a result crime that cannot be committed unless the death of a person results.
    3. Contrast the two methods for determining when an individual is considered "dead": (1) heartbeat and respiration; and (2) brain dead.
    4. Analyze how modern jurisdictions have modified the common law in various ways regarding an unborn fetus.
  • Homicide (Felony Murder) (CRIM41)
    1. Define murder under common law.
    2. State the mens rea requirement for felony murder.
    3. Compare the application of the felony murder doctrine at common law and under modern codes.
    4. Analyze how modern courts and legislatures have modified or altered the common law approach to felony murder.
    5. Discuss the Model Penal Code’s approach to the felony murder doctrine.
  • Homicide (Causation) (CRIM42)
    1. Analyze the concept of causation (both actual and legal) to determine when, and under what circumstances, a defendant should be criminally accountable for the death of another.
    2. Define a "result" crime.
    3. Examine the Model Penal Code approach to causation, and explore causation issues.
    4. Analyze an essential element of legal causation that involves consideration of whether there are intervening causes (intervening between defendant's conduct and the result).
  • Homicide (Involuntary Manslaughter) (CRIM43)
    1. State the common law definition of manslaughter.
    2. Explain the technical requirements of the common law crime of manslaughter.
    3. Examine the Model Penal Code's reformulation of the crime of manslaughter, as well as other modern statutory reformulations.
    4. Analyze the reasons and justifications for the MPC alterations from the common law.
    5. Compare the crime of involuntary manslaughter with the tort of negligence.
    6. Discuss the mental state required for the crime of involuntary manslaughter.
    7. Apply involuntary manslaughter principles to a fact pattern.
  • Homicide (Causation - Part II) (CRIM44)
    1. Discuss the Model Penal Code's approach to causation.
    2. State the provisions and elements of MPC § 2.03.
    3. Define the "but for" test.
    4. Identify the MPC four basic mental states in relation to the issues of causation.
    5. Analyze the MPC approach to strict liability offenses that is different than for crimes that involve the mens rea of purpose, knowledge, recklessness or negligence.

Criminal Procedure

  • Fourth Amendment Overview (CRMPRO01)
    1. Quote the portion of the Fourth Amendment covering searches and seizures.
    2. List the requirements for a warrant to be validly issued.
    3. Explain the two predicate requirements for application of the Fourth Amendment.
    4. Illustrate when governmental officials act reasonably in searching or seizing without a warrant.

Constitutional Law

  • Marriage and Same-Sex Marriage in Constitutional Law (CST09)
    1. Restate the Supreme Court's analysis in Hollingsworth v. Perry, United States v. Windsor, and Obergefell v. Hodges.
    2. Apply Loving v. Virginia and other Court holdings to new fact patterns.
    3. Explain the legal background leading to Hollingsworth v. Perry.
    4. Explain the legal events leading to United States v. Windsor.
    5. Examine DOMA and the Fifth Amendment's Due Process Clause and the Fifth Amendment's Equal Protection Clause.
    6. List the "four principles and traditions" that the Supreme Court cited in support of its finding in Obergefell v. Hodges.
    7. Distinguish Obergefell v. Hodges from later cases.
  • Incorporation of Constitutional Rights (CST11)
    1. Articulate the constitutional doctrine of "selective incorporation" of provisions of the Bill of Rights as applicable to the states through the Fourteenth Amendment.
    2. Be familiar with which specific provisions in the Bill of Rights have been incorporated through the Fourteenth Amendment.
    3. Articulate and apply the test for incorporation of provisions of the Bill of Rights through the Fourteenth Amendment.
  • Race and Equal Protection (CST12)
    1. Recognize important aspects of the constitutional history before and after the Equal Protection Clause of the Fourteenth Amendment.
    2. Articulate and apply the current standard for evaluating racial classifications.
    3. Articulate and apply the current standard for determining whether an apparently nonracial classification should be evaluated as a racial classification.
  • Affirmative Action and Equal Protection (CST13)
    1. Recognize important aspects of the constitutional development of affirmative action.
    2. Articulate and apply the constitutional doctrine regarding affirmative action racial classifications, especially in the areas of government contracting and education.
    3. Articulate and apply the constitutional doctrine regarding racial classifications as part of the political process, including prohibitions of affirmative action and redistricting of voting districts.
  • Equal Protection and the Federal Government: Reverse Incorporation (CST14)
    1. Articulate and apply the constitutional doctrine of "reverse incorporation" of the Fourteenth Amendment's Equal Protection Clause made applicable to the federal government.

Education Law

  • Student Speech (ED01)
    1. Explain the legal standards that apply to student speech.
    2. Identify which legal standards apply to different types of student speech.
    3. Analyze fact patterns based on the relevant legal standards.

Employment Discrimination

  • Bottom Line Defense (EMPD01)
    1. Define the "bottom line" defense, in the context of employment discrimination theory under Title VII.
    2. State the holding in Griggs v. Duke Power.
    3. State the holding in Connecticut v. Teal.
    4. Analyze when disparate IMPACT analysis or disparate TREATMENT analysis is appropriate.

Evidence

  • Impeachment and Rehabilitation of Witnesses (EVD07)
    1. List instances where judges have discretion to permit wide-ranging cross-examination.
    2. Apply FRE Rule 403.
    3. Explain when extrinsic evidence is permitted.
    4. Define the "independent relevance" test.
    5. Apply FRE Rule 608(b).
    6. Apply FRE Rule 609(a)(2).
    7. Apply FRE Rule 801(d).

Family Law

  • Support Jurisdiction (FAM02)
    1. Discuss the two statutes governing spousal and child support jurisdiction and their respective roles.
    2. Analyze the provisions controlling when a state can exercise jurisdiction over child and spousal support, and apply them to determine proper jurisdiction in a case.
    3. Compare the jurisdictional requirements for initial orders versus modification orders.
  • Child Custody Jurisdiction (FAM10)
    1. Discuss the two statutes governing child custody and visitation jurisdiction and their respective roles.
    2. Analyze when a state can exercise jurisdiction over child custody and visitation, and apply the appropriate rules to determine proper jurisdiction in a case.
    3. Compare the jurisdictional requirements for initial, modification, and emergency child custody and visitation orders.
    4. Discuss some circumstances under which a court might decline to exercise jurisdiction in a child custody case.
  • New Reproductive Technologies or Who's Your Mama? (FAM14)
    1. Discuss the legal theories used when legal parentage of a child resulting from assisted reproductive technology is at issue.
    2. Apply these theories to identify who is a "legal parent" in a variety of assisted reproduction cases.
    3. Analyze the rights and responsibilities of parties to assisted reproduction cases.
  • Constitutional Rights Review for Family Law (FAM15)
    1. Explain the relationship of the Due Process Clauses of the Fifth and Fourteenth Amendments to the doctrine of substantive due process.
    2. Explain substantive due process and the levels of scrutiny courts use for rights that are either fundamental or not fundamental.
    3. Explain the difference between substantive due process and procedural due process.
    4. Define the equal protection doctrine.
    5. Explain why the level of scrutiny often depends upon the classification at issue when applying the equal protection doctrine.
    6. Provide two examples where the First Amendment applies to Family Law issues.
  • Constitutional Aspects of Family Law (FAM19)
    1. Explain the importance of the Fourteenth Amendment to Family Law.
    2. Discuss the argument that marriage is a fundamental right under the Due Process Clause of the Fourteenth Amendment as derived from Loving v. Virginia.
    3. Restate the holding in Obergefell v. Hodges.
    4. Explain the Court's decision in United States v. Windsor.
    5. Distinguish the Court's holdings in Boddie and Sosna.
    6. Diagram the holdings in Meyer, Pierce, Prince, and Yoder, as they relate to parents' constitutional rights.
    7. Debate the conflict between constitutional rights of a minor and the rights of that minor's parent.
    8. Formulate a definition of parent based on court decisions in this lesson.
    9. Explain Buck v. Bell.
    10. Describe the importance of Griswold v. Connecticut.
    11. Differentiate Bowers v. Hardwick from Lawrence v. Texas.
    12. Explain the Court's holdings in Cruzan v. Director, Missouri Dep't of Health and Washington v. Glucksberg.
  • Premarital Agreements (FAM20)
    1. Distinguish between the traditional and contemporary approaches to premarital agreements.
    2. List several uniform sources of law pertaining to premarital agreements.
    3. Distinguish between procedural and substantive unfairness aspects of premarital agreements.
    4. State an example of a premarital agreement involuntarily entered into.
    5. Explain when premarital agreements may be subject to more substantive scrutiny than ordinary contracts.
  • Cohabitation (FAM21)
    1. Discuss the theories of recovery available to unmarried cohabitants and the requirements for each.
    2. Analyze these theories of recovery as applied to cases involving unmarried cohabitants.

Legal Concepts & Skills

  • Coase's Irrelevance 'Theorem' (LCS02)
    1. Explain the theory of Coasean Irrelevance.
    2. Explain why Coasean Irrelevance does not always obtain.
    3. Explain the adjustments individuals would make if there was no contract law.
  • Where Does Law Come From? (LCS04)
    1. List the three branches of the government and types of law that each creates.
    2. Give an example of each branch of the government.
    3. Define the term "separation of powers."
    4. List the powers of each branch of the government.

Legal Research

  • Ohio Legal Research: Secondary Resources (LR100)
    1. List three sources of secondary resource materials.
    2. Describe the purpose of secondary resource materials.
    3. Choose one secondary resource and discuss how to locate it and how to use it.
    4. List secondary resources available on the internet from the Ohio government.
  • Preemption Checking (LR102)
    1. Explain the importance of preemption checking.
    2. Demonstrate how to organize a preemption check.
  • Michigan Legal Research: Primary Resources (LR106)
    1. List sources of primary law.
    2. Explain the organizational structure of the Michigan statutes.
    3. Explain the use of legislative history.
    4. Distinguish the MCLA from the MCLS.
    5. Describe the organizational structure of Michigan courts.
    6. List the basic kinds of materials agencies produce.
    7. Apply Michigan's Uniform System of Citation.
  • Researching and Working with Procedural Forms (LR107)
    1. List both benefits and dangers of using forms.
    2. List several sources for finding relevant forms.
    3. Explain the benefits and dangers of using general procedural forms and jurisdiction specific forms.
  • Iowa Legal Research: Primary Resources (LR108)
    1. List the sources of Iowa primary law.
    2. Describe how search formulations might differ if you are using a full-text source or index or subject headings.
    3. Explain how to track proposed legislation.
    4. List all the sources where the Iowa Constitution can be found.
    5. Discuss the difference between annotated and unannotated sources.
    6. List the three levels of the Iowa Court System.
    7. Explain how to locate Iowa administrative law.
    8. Construct a research strategy using primary resources.
  • Iowa Legal Research: Secondary Resources (LR109)
    1. List different secondary sources.
    2. Explain the value of using a research guide.
    3. Discuss the benefits of using Treatises and practice materials.
    4. Explain how form books can be used.
    5. Create a search strategy using secondary sources.
  • How to Research American Constitutional Law (LR113)
    1. Apply techniques using both traditional print and online resources to research the U.S. Constitution and individual state constitutions.
    2. Locate cases that deal with general legal principles of constitutional law.
    3. Choose the best secondary resource for a particular task when conducting research into American constitutions.
    4. Review the concept of judicial review and find resources that discuss it.
    5. Discuss the amendment process for state constitutions.
  • Minnesota Legal Research: Primary Resources (LR114)
    1. Define primary authority.
    2. List primary source materials for Minnesota.
    3. Explain how to locate a statute in the official code of Minnesota.
    4. Explain why a researcher would use administrative materials.
    5. Describe how to use digests to locate relevant cases for a research problem.
  • How to Research Foreign Constitutions (LR116)
    1. Locate foreign constitutions and relevant cases and secondary resources.
    2. Apply techniques using both traditional print and online resources for finding and researching foreign constitutions.
  • Washington State Legal Research: Secondary Resources (LR117)
    1. List several Washington state secondary resources.
    2. Create a research strategy using secondary state resources.
    3. Explain the use of secondary sources.
  • Preparing for Trial (LR118)
    1. Explain the value of using sample documents.
    2. List the six stages of litigation and some of the elements of each stage.
    3. List at least one resource for each stage of litigation.
  • Illinois Legal Research: Secondary Resources (LR119)
    1. List several secondary resources.
    2. Explain how to update non-electronic versions of resources.
    3. Explain when to use different secondary resources.
    4. Create a research strategy using secondary resources.
  • North Carolina Legal Research: Primary Resources (LR120)
    1. Explain the structure of the State of North Carolina's court system.
    2. List resources available to locate North Carolina case law.
    3. Distinguish between annotated and unannotated codes.
    4. Explain the difference between statutes and regulations.
    5. Create a strategy for research using primary resources using low cost resources.
  • North Carolina Legal Research: Secondary Resources (LR122)
    1. List North Carolina secondary sources available, such as treatises and legal periodicals.
    2. Explain how to find secondary sources for any state law legal issue.
    3. Differentiate the benefits and limitations of various secondary sources covering North Carolina law.
    4. Explain how to navigate through different secondary sources.
  • Bringing it to the Jury & Beyond (LR123)
    1. Discuss legal materials that can be used when dealing with juries.
    2. Explain how to determine how much juries have awarded for past harms.
    3. Identify some resources for finding appropriate jury instructions.
  • Virginia Legal Research: Primary Resources (LR129)
    1. Explain how to locate Virginia statutes.
    2. Describe the court system in Virginia.
    3. Discuss the importance of knowing court rules.
    4. List the court reporters used for each court in Virginia.
    5. Explain how to locate administrative rules.
    6. Create a research plan using primary resources.
  • Wisconsin Legal Research: Primary Resources (LR130)
    1. Define primary legal materials.
    2. Describe where primary resources are located, whether in print or electronically.
    3. Explain the structure of the Wisconsin Court system.
    4. Distinguish Administrative law from judicial decisions.
  • Texas Legal Research: Secondary Resources (LR142)
    1. List four secondary resources.
    2. Explain when to use one secondary resource versus another.
    3. Create a legal research strategy using secondary resources.
  • Alabama Legal Research: Primary Resources (LR143)
    1. Identify some of the primary resources for Alabama primary legal research.
    2. Explain why research of primary resources should begin with the Alabama Constitution.
    3. Discuss how Alabama statutes are enacted and organized.
  • Nebraska Legal Research: Secondary Resources (LR147)
    1. List several secondary resources for Nebraska.
    2. Explain the use of secondary resources in legal research.
    3. Demonstrate how to locate several Nebraska secondary resources.
    4. Construct a research strategy using secondary resources.
  • South Carolina Legal Research: Secondary Resources (LR149)
    1. List several secondary sources.
    2. Describe several methods to locate secondary materials.
    3. Distinguish between a treatise and a practitioner's manual.
    4. Explain how to use secondary sources to locate primary sources.
  • Idaho Legal Research: Primary and Secondary Resources (LR150)
    1. Identify the difference between a primary legal source and a secondary source.
    2. Identify the different types of primary and secondary legal sources in Idaho.
    3. Identify when it is appropriate to use a specific primary or secondary legal source.
    4. Choose the appropriate Idaho primary and secondary legal source(s) for the legal issue(s) you are trying to address.
  • Alaska Legal Research: Primary and Secondary Resources (LR151)
    1. Explain the difference between primary and secondary sources.
    2. Discuss the challenges associated with using Alaska secondary sources.
    3. List the state's primary legal resources.
    4. Choose one primary resource and discuss how to locate it.
  • Alabama Legal Research: Secondary Resources (LR154)
    1. List Alabama secondary sources available, such as treatises and legal periodicals.
    2. Explain how to find secondary sources for any Alabama issue.
    3. Differentiate the benefits and limitations of various secondary sources covering Alabama law.
    4. Explan how to navigate through different secondary sources.
  • Secondary Sources: Practice Centers - The Evolution from Print Looseleaf to Practice Center (LR155)
    1. Define the term Practice Center.
    2. Explain the purpose of each type of looseleaf service.
    3. Construct a research strategy using a Practice Center.
  • Oregon Legal Research: Primary and Secondary Resources (LR156)
    1. Explain the difference between primary and secondary sources.
    2. Explain why the most efficient way to research is to start with secondary sources.
    3. List at least three secondary sources.
    4. Contrast at least one secondary source from another.
    5. List Oregon's primary legal resources.
    6. Choose one primary resource and discuss how to locate it.
  • New Hampshire Legal Research: Primary and Secondary Resources (LR157)
    1. Diagram the structure of the New Hampshire court system.
    2. Explain when secondary sources are a good place to begin legal research.
    3. List New Hampshire specific secondary sources.
    4. Identify the source of New Hampshire primary legal resources.
    5. Explain when to use Legislative history.
    6. Identify a source of the "New Hampshire Supreme Court Rules on Professional Conduct."
  • South Dakota Legal Research: Primary and Secondary Resources (LR158)
    1. Identify the difference between a primary legal source and a secondary source.
    2. Identify the different types of primary and secondary legal sources in South Dakota.
    3. Identify when it is appropriate to use a specific primary or secondary legal source.
    4. Choose the appropriate South Dakota primary and secondary legal source(s) for the legal issue(s) you are trying to address.
  • Delaware Legal Research: Primary Resources (LR159)
    1. Identify the source of Delaware primary law.
    2. Explain when and why each resource should be used.
    3. Distinguish between annotated and unannotated codes.
    4. Create a research strategy using primary resources to resolve a legal problem.
  • District of Columbia Legal Research: Secondary Resources (LR160)
    1. Distinguish primary and secondary sources.
    2. Explain the function of secondary sources.
    3. List several types of legal periodicals.
    4. List the steps in an effective research plan.
    5. Explain the purpose of a treatise.
    6. Distinguish treatises from practice materials.
  • Montana Legal Research: Primary and Secondary Resources (LR162)
    1. Identify the difference between a primary legal source and a secondary source.
    2. Identify the different types of primary and secondary legal sources in Montana.
    3. Identify when it is appropriate to use a specific primary or secondary legal source.
    4. Choose the appropriate Montana primary and secondary legal source(s) for the legal issue(s) you are trying to address.
  • New Mexico Legal Research: Primary and Secondary Resources (LR163)
    1. Identify the difference between a primary legal source and a secondary source.
    2. Identify the different types of primary and secondary legal sources in New Mexico.
    3. Identify when it is appropriate to use a specific primary or secondary legal source.
    4. Choose the appropriate New Mexico primary and secondary legal source(s) for the legal issue(s) you are trying to address.
  • New Jersey Legal Research: Secondary Resources (LR164)
    1. List New Jersey secondary sources available, such as treatises and legal periodicals.
    2. Explain how to find secondary sources for any New Jersey issue.
    3. Differentiate the benefits and limitations of various secondary sources covering New Jersey law.
    4. Explain how to navigate through different secondary sources.
  • Michigan Legal Research: Secondary Resources (LR165)
    1. Demonstrate knowledge and understanding of some distinctive features of each of the major types of secondary sources on Michigan state law discussed in the lesson.
    2. Apply basic skills to construct useful search strings.
    3. Identify the pertinent and relevant information in the resources consulted.
  • Internet Legal Resources - Free Resources (LR18)
    1. List examples of what legal material is available for free online.
    2. Explain when you should consider using the Internet as a research tool.
    3. Describe how to evaluate material you find on the Internet.
    4. List three practical methods for doing legal research on the Internet.
  • Georgia Legal Research: Primary Resources (LR42)
    1. Identify some of the resources for locating Georgia primary legal research, including cases, digests, statutes, administrative materials and court rules.
    2. Explain the process for finding Georgia Session Laws and ways to track bills in the legislature.
    3. Discuss ways to locate ordinances for counties and cities.
  • Arizona Legal Research: Primary Resources (LR48)
    1. Research the Arizona Constitution
    2. Explain the differences between the various Arizona statutory publications.
    3. Demonstrate how to research using the Arizona statutes.
    4. List the types of legislation the Arizona legislature can issue.
    5. Define Arizona municipal laws.
    6. Illustrate how to locate Arizona municipal law.
    7. Demonstrate how to find relevant Arizona cases.
    8. List the types of documents available from Arizona agencies and the Governor.
  • Cost of Legal Research (LR49)
    1. Explain how to avoid common pitfalls of poor research strategy when using Lexis® and Westlaw®.
    2. List several cost-saving alternatives to Lexis® and Westlaw®.
    3. Create an effective and cost-conscious strategy for any research problem.
  • Agency Decisions and Orders (LR57)
    1. Discuss the two chief means an agency uses to inform interested parties of its policies.
    2. Identify some publication sources for finding agency decisions.
    3. Explain when judicial review of agency actions is permitted.
  • The Legal Research Game: Fee or Free Edition (LR58)
    1. Define when it is better to use print versus electronic resources.
    2. Describe several free web-based research resources.
    3. Explain how to evaluate the quality of free resources.
    4. List factors to consider in selecting the most cost effective resource.
  • Georgia Legal Research: Secondary Resources (LR64)
    1. Define what is meant by secondary source material.
    2. List several resources used to find secondary resources.
    3. Distinguish how to use two different secondary resources.
  • Finding International Court of Justice Opinions (LR66)
    1. Describe how to find the decisions of the United Nations' International Court of Justice.
    2. Identify the official reporter of the ICJ decisions and advisory opinions.
    3. Discuss the ICJ's two functions.
  • Medical Research For Attorneys (LR68)
    1. Explain the value of peer-reviewed articles over "open access" articles.
    2. Distinguish between medical research and health law research.
    3. List three types of background sources to consult before beginning a search of medical journals.
    4. List three sources of reliable medical and health literature.
    5. Identify a source for useful drug information.
    6. Create a strategy for researching a medical issue.
  • Nebraska Legal Research: Primary Resources (LR69)
    1. Have a working knowledge of the legislative and judicial processes in Nebraska.
    2. Explain how the unicameral process works in Nebraska and how it differs from bi-cameral legislative bodies.
    3. Identify Nebraska primary resources generated from the legislative and judicial branches.
    4. Discuss how to properly update Nebraska primary sources.
  • Washington State Legal Research: Primary Resources (LR71)
    1. Explain the structure of the State of Washington's government.
    2. List sources for Washington case law.
    3. Distinguish between annotated and unannotated codes.
    4. Explain the difference between statutes and regulations.
    5. Create a strategy for research using primary resources.
  • Wyoming Legal Research: Primary and Secondary Resources (LR73)
    1. List several primary and secondary legal sources in Wyoming.
    2. Explain the Wyoming court system.
    3. Define bicameral.
    4. Explain how to construct a legislative history.
    5. Explain how to construct a search of current regulations from Wyoming state agencies.
    6. Discuss how to locate instances of ethics violations.
    7. Describe the use of secondary resources in research.
  • Arizona Legal Research: Secondary Resources (LR74)
    1. Identify several sources of secondary research.
    2. Create a research strategy using secondary resources.
    3. Explain the differences between types of practice materials.
  • Ohio Legal Research: Primary Resources (LR78)
    1. Identify primary source materials.
    2. Describe the structure of the Ohio judicial system.
    3. Explain where judicial decisions are published.
    4. Discuss how a bill becomes a law in Ohio.
    5. Explain the two major rulemaking procedures in Ohio.
    6. Contrast the official with the annotated administrative code.
    7. Analyze how to structure a research assignment using primary resources.
  • Florida Legal Research: Secondary Resources (LR85)
    1. Distinguish primary from secondary legal resources.
    2. List important secondary resources for Florida.
    3. Explain the limitations of using formbooks.
    4. Explain the value of practice materials.
    5. Plan an effective research strategy using secondary resources.
  • Utah Legal Research: Primary and Secondary Resources (LR87)
    1. List the sources of primary law in Utah.
    2. Distinguish between the Laws of Utah and the Utah Code.
    3. Explain the Utah court system.
    4. Explain how to conduct a search using the Utah Administrative Code.
    5. Discuss how to conduct legislative history research in Utah.
    6. List several sources for Utah secondary resources.
    7. Create a research strategy using Utah legal resources.
  • Current Awareness & Alerting Services (LR94)
    1. List several current awareness tools.
    2. List several alerting services.
    3. Explain the purpose of using alerting services.
    4. Discuss how current awareness tools are used in law practice.
  • Louisiana Legal Research: Secondary Resources (LR95)
    1. Explain some of the differences between the civil law practiced in Louisiana and the common law practiced in the other 49 states.
    2. List three secondary sources.
    3. Discuss how two secondary sources would be used.
    4. Create a search starting with secondary sources.
    5. Discuss the importance of treatises that are substantive, analytical and theoretical treatments of legal topics and how to find them.
    6. Analyze practice guides as a secondary resource that may contain forms, evidence rules, rules of procedure in jurisdictions, and explain how the law has been interpreted.
  • South Carolina Legal Research: Primary Resources (LR97)
    1. Explain why the South Carolina Constitution is a key component of South Carolina legal research.
    2. Discuss how local ordinances can compliment but not conflict with state laws.
    3. Review why all legal research materials must be consistently updated to ensure their continued validity and currency.
    4. Create a research strategy using primary legal resources.
  • California Legal Research: Ballot Measures (LR99)
    1. Define the terms ballot measure, ballot pamphlet, initiative, and referendum.
    2. List the three types of ballot measures in California.
    3. Describe the lifecycle of a ballot measure.
    4. Research, analyze and correctly interpret a ballot measure.

Law School Success

  • IRAC (LSS01)
    1. Identify the components of IRAC.
    2. Classify what belongs in each section of IRAC.
    3. Identify strong and weak examples of issue statements, rules, applications, and conclusions.
    4. Compose basic legal analysis in written IRAC form.
  • Creating Study Aids (LSS02)
    1. Understand the relationship between self-regulated learning, metacognition, and Bloom's taxonomy and your learning.
    2. Create study aids to help you remember, understand, apply, analyze, evaluate and create important law school concepts.
    3. Reflect on your learning.
  • Analysis 1: Thinking Like a Lawyer (LSS04)
    1. Explain the concept of "thinking like a lawyer."
    2. Apply analytical skills to their reading, briefing, and eventually essay writing.
  • Multiple-Choice Questions: Wrong Answer Pathology (LSS11)
    1. Identify the correct answer in a multiple-choice question.
    2. Explain why wrong answer choices are incorrect.
  • Case Briefing (LSS13)
    1. Identify different parts of a case brief.
    2. Categorize different parts of a judicial opinion into a case brief.
    3. Restate the legally significant facts from a case.
    4. Restate the legal rules in a case.
    5. Identify or construct the holding of the opinion.

Legal Writing

  • Drafting with 'And' and 'Or' (LWR04)
    1. Evaluate whether "and" and "or" are used ambiguously in the terms of a contract.
    2. Select the appropriate language to draft contract terms that express the intended meaning using "and" and "or."
  • Drafting Contracts Using 'Shall', 'May' and 'Must' (LWR05)
    1. Evaluate whether "shall," "may," and "must" are used properly in the terms of a contract.
    2. Select the appropriate language to draft contract terms that express the intended meaning using "shall," "may," and "must."

Legal Research

  • Legal Research 101: The Tools of the Trade (LWR08)
    1. List the sources of primary authority.
    2. Distinguish between mandatory and persuasive authority.
    3. Explain the use of secondary source material.
    4. Create an example of a search strategy using primary and secondary resources.
    5. Discuss the importance of updating legal research.
    6. Explain how legal authority is created.
    7. List the basic elements of legal citation format.

Legal Concepts & Skills

Legal Research

  • How to Research Federal Legislative History (LWR14)
    1. Discuss federal legislative history of a statute or Act codified in the United States Code that refers to the documents created at each stage of the legislative process.
    2. Identify some of the documents that comprise legislative history.
    3. Explain how a bill that is introduced in Congress becomes enacted law.
  • Rulemaking: Federal Register and CFR (LWR19)
    1. Explain how regulations are promulgated and updated.
    2. Describe the relationship administrative law has with the other branches of government during the rulemaking process.
    3. Define rulemaking.
    4. Explain the relationship between the administrative process and Executive Orders.
    5. List information included in the Federal Register.
    6. Explain differences between the U.S. Code and the Code of Federal Regulations.
    7. Create a research plan for locating relevant regulations for any legal issue.

Legal Writing

  • Punctuation and Grammar Basics for Students (LWR26)
    1. Explain why correct grammar and correct punctuation are important in legal writing.
    2. Apply the three basic rules for using apostrophes.
    3. Apply the five basic rules for using commas.
    4. Apply the three basic rules for using quotation marks.
    5. Distinguish between independent and dependent clauses.
    6. Apply the four basic rules for using semicolons.
    7. Explain how to avoid run-on sentences.

Legal Research

  • Introduction to Secondary Resources (LWR35)
    1. Recognize when to use secondary resources when conducting legal research.
    2. Describe the major types of secondary resources and choose which are best suited for different types of research tasks.
    3. Compare the advantages and disadvantages of print versus online secondary resources.
  • Using the Restatements of the Law (LWR38)
    1. Explain what the Restatements of the Law are and why you would want to use them for legal research.
    2. Describe the major features of the Restatements, including rules, comments, illustrations, and appendixes.
    3. Apply methods to search the Restatements by subject, both in print and online.
    4. Use the Restatements to find cases.
  • Legal Encyclopedias (LWR40)
    1. Recognize when one might want to use a legal encyclopedia in legal research.
    2. Describe the features of the two major encyclopedias about American law in general, state legal encyclopedias, and on-line legal encyclopedias.
    3. Use legal encyclopedias for legal research tasks.

Legal Writing

Property Law

  • Problems in Property Law Series I (PPL01)
    1. Recognize which legal principles and precepts relate to various factual situations.
    2. Compare the related legal principles and precepts.
    3. Apply major property related legal principles and precepts to factual situations, to ascertain the most probable resolution to the problems presented.
    4. Assess the student’s substantive strengths and weaknesses in Property.
  • Problems in Property Law Series II (PPL02)
    1. Recognize which legal principles and precepts relate to various factual situations.
    2. Compare the related legal principles and precepts.
    3. Apply major property related legal principles and precepts to factual situations, to ascertain the most probable resolution to the problems presented.
    4. Assess the student’s substantive strengths and weaknesses in Property.
  • Problems in Property Law Series III (PPL03)
    1. Recognize which legal principles and precepts relate to various factual situations.
    2. Compare the related legal principles and precepts.
    3. Apply major property related legal principles and precepts to factual situations, to ascertain the most probable resolution to the problems presented.
    4. Assess the student’s substantive strengths and weaknesses in Property.
  • Basic Future Interests: The Concept of "Future Interest" - Lesson 1 (PPL05_01)
    1. Define the basic concept of future interests under American common law.
    2. List the key characteristics of modern future interests.
    3. Recognize various future interests based on the words that create them.
    4. Classify future interests in the grantor (reversion, possibility of reverter, and right of re-entry).
    5. Classify future interests in someone other than the grantor (remainder and executory interest).
    6. Compare the rights of future interest holders with those of present interest holders.
  • Interpreting the Language of Conveyances (PPL07)
    1. Recognize when the "granting language" in a conveyance is not an adequate source for interpreting a grant’s meaning.
    2. Identify the most common interpretation techniques for reading grants.
    3. Apply the most common interpretation techniques to the ambiguous language of grants.
  • Recording Acts (PPL09)
    1. Recall what a recording act is.
    2. Explain the functions a recording act serves.
    3. Identify the kinds of interests recording acts cover.
    4. Identify what types of persons may claim the protection of a recording act.
    5. Identify the three types of recording acts used in American jurisdictions.
    6. Explain the differences between the three types of recording acts used in American jurisdictions.
    7. Apply a recording act to resolve conflicting claims to the same land.
  • Adverse Possession: Hostile Possession or Possession Under Claim of Right (PPL10)
    1. Recall the purpose served by the "hostile/under claim of right" requirement.
    2. Express the significance of "permission to occupy land" under the adverse possession doctrine.
    3. Explain the legal standards by which differing courts have evaluated the hostility of a possessor's claim, either by reference to their actions (objectively), or their state of mind (subjectively), or both.
  • Adverse Possession: Open and Notorious Possession (PPL11)
    1. Discuss the rationale behind the "open and notorious" requirement.
    2. Relate how courts have applied the "open and notorious" requirement in such varied settings as boundary line encroachments, subsurface rights, and "open lands".
    3. Explain how the "open and notorious" requirement relates to the other elements of the common law adverse possession rule.
  • Tenancy in Common (PPL12)
    1. Define what a tenancy in common is.
    2. Describe how one creates a tenancy in common.
    3. State the general rights of each tenant in common.
    4. Explain how a tenancy in common differs from a joint tenancy.
  • Distinction between Real Property and Personal Property (PPL13)
    1. Define property.
    2. Define real property.
    3. Define personal property.
    4. Explain the consequences of attaching things to land.
    5. Explain the consequences of severing things from land.
    6. Define fixtures.
    7. Explain the significance of fixtures.
    8. State examples of intangible property classified as real or personal property.
    9. Describe the settings in which the distinction between real and personal property matters.
  • Fee Simple Absolute (PPL14)
    1. Define what constitutes an estate in land.
    2. Identify all the legal characteristics of a fee simple absolute.
    3. State what is necessary to create a fee simple absolute.
    4. List the characteristics of the fee simple absolute.
  • Adverse Possession: An Introductory Lesson (PPL15)
    1. Define adverse possession.
    2. Explain the historical origins of adverse possession.
    3. Explain the policy justification of modern adverse possession.
    4. Discuss the common law standards to establish title by adverse possession.
    5. Discuss the modern statutory standards to acquire title by adverse possession.
  • Easements Defined (PPL16)
    1. Define what an easement is.
    2. Define what an express easement is.
    3. Define what a non-express easement is.
    4. Define what an affirmative easement is.
    5. Define what a negative easement is.
    6. Explain the general rights of an easement owner.
    7. Explain the obligations of the owner of the land on which an easement is placed.
    8. Describe the typical scenario in which the need for an easement arises.
    9. Identify alternative options to creating an easement.
  • Negative Easements - In Contrast with Affirmative Easements (PPL17)
    1. Define an affirmative easement.
    2. Define a negative easement.
    3. Define an appurtenant easement.
    4. Define an easement in gross.
    5. Identify the four traditional negative easements.
    6. Identify the three modern negative easements.
    7. Explain how a negative easement typically is created.
    8. Explain the options available to the owner of land who wishes to restrict certain uses of adjacent land.
    9. Recognize the potential legal consequences resulting from exercising each available option.
  • Express Easements (PPL18)
    1. Identify the requirements for the creation of express easements.
    2. Explain the role of the statute of frauds in the creation of express easements.
    3. Relate the methods by which one may create express easements.
    4. Differentiate between express easements by grant and express easements by reservation.
    5. Assess the rights, if any, of a third party for whom the grantor under a deed of land purports to reserve an easement.
  • Easements Appurtenant and In Gross (PPL19)
    1. Define the following terms: easement appurtenant and easement in gross.
    2. Distinguish between who is entitled to the benefits associated with an easement appurtenant and an easement in gross.
    3. Differentiate between the uses associated with an easement appurtenant and an easement in gross.
    4. Contrast the easement rights of subsequent transferees from the original easement owners of an easement appurtenant and an easement in gross.
  • Adverse Possession: Continuous and Exclusive Possession for the Statutory Period (PPL20)
    1. Define exclusive possession.
    2. Distinguish exclusive possession from nonexclusive possession.
    3. Define continuous possession.
    4. Explain the statutory period and its use in adverse possession cases.
    5. Explain what conduct by the possessor or the true owner is sufficient enough to interrupt the continuity of possession.
    6. Assess when the continuity of adverse possession has occurred.
    7. Explain the extent to which the applicable statutory period may be "tolled."
    8. Explain the extent to which successive periods of adverse possession may be "tacked" together to satisfy the applicable statutory period.
  • Joint Tenancy (PPL21)
    1. Define the following terms: joint tenancy and right of survivorship
    2. Define the unities of time, title, interest and possession.
    3. Explain how modern statutes treat joint tenancies.
    4. Discuss how parties may lawfully terminate joint tenancies.
    5. Analyze the resulting relationships upon the termination of a joint tenancy.
    6. Compare the effect the right of survivorship has on a deceased joint tenant’s interest and that of a survivor.
  • Adverse Possession: Color of Title and Constructive Adverse Possession (PPL22)
    1. Define "color of title" in the context of adverse possession.
    2. Distinguish between claims of possession under color of title and claims of possession without color of title.
    3. Explain the effect color of title has in some states on determining the statutory period for adverse possession.
    4. Define constructive adverse possession.
    5. Explain the significance of color of title as a prerequisite for a claim of title by constructive adverse possession.
  • Landlord and Tenant: An Introductory Lesson (PPL23)
    1. Define the following terms: Leasehold, Lease, Landlord a/k/a Lessor, Tenant a/k/a Lessee, Rent, Accrual of Rent.
    2. Define the following tenancies/leasehold estates: Tenancy for Years, Periodic Tenancy, Tenancy at Will, Tenancy at Sufferance,
    3. Define the following terms: Sublease, Sublandlord a/k/a Sublessor, Subtenant a/k/a Sublessee, Prime Lease a/k/a Main Lease.
    4. Identify the three main reasons leases typically are valuable to the parties.
    5. Explain and compare the contract theory and conveyance theory as applied to the landlord-tenant relationship.
  • Tenancy By the Entirety (PPL24)
    1. Define Tenancy by the Entirety.
    2. List the critical components of Tenancy by the Entirety.
    3. Report how modern jurisdictions treat Tenancy by the Entirety.
    4. Explain how a Tenancy by the Entirety is legally terminated.
  • Gifts I: Inter Vivos Gifts (PPL25)
    1. Define the following terms: gift, inter vivos gift, delivery, acceptance.
    2. Identify the elements of a successful inter vivos gift.
    3. Explain donative intent.
    4. Discuss the circumstances under which the delivery requirement might be excused by the courts.
    5. Explain effective delivery to a third party (escrow).
    6. Compare the effects of a conditional gift and an unconditional gift.
  • Estate in Fee Tail (PPL26)
    1. State the characteristics of the traditional fee tail.
    2. Describe the characteristics of the fee tail in those states which continue to recognize fee tail today.
    3. Explain modern statutory treatment of attempts to create a fee tail in states which no longer recognize that estate.
  • Landlord and Tenant: Tenancy for Years (PPL27)
    1. Define a tenancy for years.
    2. Discuss the choices as to the length of the tenancy for years.
    3. Examine the limits on the parties' choice as to duration of the term.
    4. Explain the requirement that the term have a definite ending date.
    5. Analyze the impact of uncertainty as to the term.
    6. Examine the treatment of a lease to commence in the future.
    7. Plan the termination of a tenancy for years.
    8. Analyze the impact of renewal terms in the lease.
  • Landlord and Tenant: Statute of Frauds (PPL28)
    1. State the basic requirements of the statute of frauds.
    2. Identify the terms of a lease that must comply with the statute of frauds.
    3. Examine the treatment of alleged oral terms by courts when there is a written lease.
    4. Explain the doctrine of part performance and equitable estoppel as means to enforce an oral lease.
    5. Discuss permissible oral leases (statutory exception for short-term leases).
    6. Express the effect upon the parties when a tenant takes possession under an invalid oral arrangement;
    7. Describe the features of the conveyance section and contracts section of the statute of frauds.
    8. Apply the features of the conveyance section and contracts section of the statute of frauds.
  • Covenants, Equitable Servitudes and Restrictions 2: Determining the Validity and Scope (PPL56)
    1. Recall the criteria utilized to determine whether a restriction is invalid.
    2. Report the elements to consider in order to determine whether a restriction offends public policy.
    3. Recognize the bases on which one might find that a restriction violates the common law.
    4. Name the types of statutory and regulatory schemes that might be considered in determining a restriction’s validity.
    5. Discuss how a court determines whether a restriction applies to allegedly restricted behaviors.
  • Covenants, Equitable Servitudes and Restrictions 3: Who Has the Right to Enforce Covenants and Equitable Servitudes? (PPL57)
    1. Define who qualifies as an original promisee.
    2. Identify which parties other than an original promisee might have the right to enforce a restriction.
    3. Describe who qualifies as a successor to the original promisee.
    4. State the criteria necessary for a successor to have the right to enforce the restriction.
    5. Define a third party to be considered for enforcing a restriction.
    6. Explain the criteria needed for a third party to have the right to enforce a restriction.
    7. Define a reciprocal negative easement/covenant.
    8. Define the following key elements as they relate to determining who has the right to enforce covenants/promises: Horizontal Privity; Intent; Touch and Concern; Vertical Privity; and Notice.
  • Covenants, Equitable Servitudes and Restrictions 4: Against Whom May One Enforce the Promise? (PPL58)
    1. Define who qualifies as an original promisor.
    2. Identify which parties other than an original promisor might qualify as one against whom a restriction might be enforced.
    3. Describe who qualifies as a successor to the original promisor.
    4. Identify the elements necessary for the burden to be enforceable at law against someone who is not the original promisor.
    5. Identify the elements necessary for the burden to be enforceable in equity against someone who is not the original promisor.
    6. Define the following key elements as they relate to determining against whom there is a right to enforce covenants/promises: Horizontal Privity; Intent; Touch and Concern; Vertical Privity; and Notice.
  • Covenants, Equitable Servitudes and Restrictions 5: Defenses to Enforcement (PPL59)
    1. Name the most likely sources from which one might find defenses to the enforcement of covenants, equitable servitudes and restrictions.
    2. Relate which defenses might arise from the parties’ intentions.
    3. Recall which defenses might arise from contract related law.
    4. Cite which defenses might arise from property related law.
    5. Explain which defenses might arise from equity.
  • Future Interest Rules (PPL60)
    1. Identify the key aspects of the Merger Rule.
    2. Define the Merger Rule.
    3. Discuss the exceptions to the Merger Rule.
    4. Recognize how the Merger Rule operates.
    5. Identify the key aspects of the Rule in Shelly’s Case.
    6. Identify the requirements for the Rule in Shelly’s Case to apply.
    7. Recognize how the Rule in Shelly’s case operates.
    8. Identify the key aspects of the Doctrine of Worthier Title.
    9. Define the Doctrine of Worthier Title.
    10. Discuss the exceptions to the Doctrine of Worthier Title.
    11. Recognize how the Doctrine of Worthier Title operates.
  • Covenants of Title and Types of Deeds (PPL63)
    1. List the six types of covenants that have evolved under the common law.
    2. Explain the distinction between present and future convenants and when each is breached.
    3. Describe title covenants that are found in modern deeds, the protections they provide, and the types of deeds in which those covenants are found.
  • Finders of Personal Property (PPL64)
    1. Restate the elements necessary for one to become a finder of personal property.
    2. State the elements of abandoned property.
    3. Relate the elements of lost property.
    4. Evaluate the potential application of statutory changes to the common law regarding finders.
    5. Explain treasure trove and its application in the United States.
    6. Assess the relative rights of finders, owners and other competing parties.
  • Bailments (PPL65)
    1. Define a bailment.
    2. Identify the different types of bailments.
    3. Demonstrate how to create a bailment.
    4. Explain the diifferent types of bailments.
    5. Explain the rights and duties of parties to bailments.

Professional Responsibility

  • Judicial Ethics and Conduct - Chapter 2 Review Questions (PR18)
    1. State the language of Canon 1.
    2. List two actions that could create the appearance of impropriety.
    3. Provide an example of a judge's improper demeanor on the bench.
    4. State an example of a judge's noncompliance with the law off the bench.
  • Judicial Ethics and Conduct - Chapter 3 Review Questions (PR19)
    1. State the language of Canon 2.
    2. List two examples of civic involvement that a judge cannot engage in outside of her judicial duties.
    3. Explain the standards of behavior that the judge must hold others to in his courtroom.
    4. Explain how a judge must treat comments about pending cases made by the attorneys outside of the courtroom.
    5. Describe a judge's responsibility if he believes that another judge has a problem with substance abuse.
  • Judicial Ethics and Conduct - Chapter 4 Review Questions (PR20)
    1. List examples of ex parte communications.
  • Judicial Ethics and Conduct - Chapter 5 Review Questions (PR21)
    1. State the standard for recusal.
    2. Explain how the appearance of impropriety may (or may not) impact a judge's decision to recuse herself from a case.
    3. Explain when it is proper to allow the lawyers to waive any potential objection to a judge hearing a case.
    4. List examples of permissible judicial bias.
  • Judicial Ethics and Conduct - Chapter 6 Review Questions (PR22)
    1. Provide examples of extrajudicial organizations that a judge may not belong to.
    2. Provide examples of when a judge cannot serve as a character witness.
    3. Define who a judge may represent in a lawsuit.
    4. Explain the limits of statements that a judicial candidate can make during her campaign.

Real Estate Transactions

  • Purchase Options: Their Uses in Real Estate Transactions (RE07)
    1. Demonstrate a knowledge of substantive legal doctrine fundamental to the uses of options in real estate transactions.
    2. Identify legal issues and apply legal reasoning and analysis to determine in a logical and structured manner the appropriate uses of options in real estate transactions.
    3. Communicate the legal reasoning and analysis regarding the uses of options in real estate transactions.
    4. Demonstrate a proficiency in reading critically the materials related to the uses of options in real estate transactions.
  • Letters of Intent in Real Estate Transactions (RE09)
    1. Identify what constitutes a letter of intent.
    2. Explain why letters of intent are used in real estate transactions.
    3. Discuss how letters of intent are used in real estate transactions.
    4. Discuss what might a court interpret a letter of intent to be.
    5. Relate the dangers of using letters of intent in real estate transactions.
    6. State how one might avoid the dangers of using letters of intent in real estate transactions.

Remedies

  • Equitable Remedies - An Overview (REM02)
    1. Identify the main categories of equitable remedies.
    2. Give examples of the purposes served by the equitable remedies.
    3. Distinguish between rescission and reformation.
  • Characterizing Remedies (REM03)
    1. Identify the characteristics of equity.
    2. Discuss some reasons why it matters whether an action is characterized as legal or equitable.
    3. Analyze how the characterization of a particular remedy as legal or equitable can affect litigation.
  • History of Equity (REM04)
    1. Define a writ.
    2. Discuss why the powerless in society would have been without effective remedies were it not for the Chancellor's equitable powers.
    3. Explain the flexibility that Chancery had.
    4. Analyze how the system of rules and remedies that grew out of the historical Chancery court we know today as Equity.
  • Compensatory Damages: Terminologies and Basic Concepts (REM05)
    1. Define the legal remedy of damages.
    2. Distinguish compensatory damages from other categories of damages.
    3. Analyze the difference between "general" versus "special" damages.
    4. Discuss the impact when damages are categorized as "pecuniary" or "non-pecuniary."
  • The Equitable Defense of Laches (REM06)
    1. Define laches.
    2. State the policy reasons that support the laches defense.
    3. List the elements of the laches defense.
    4. Explain the relationship between unreasonableness of delay and prejudice.
  • Unclean Hands (REM07)
    1. Explain the analytical framework of the unclean hands defense.
    2. Discuss the type of misconduct that must exist for the defense to apply.
    3. Analyze the issues of whether the misconduct relates to the acquisition of the right being asserted.
    4. Define collateral wrongdoing.
    5. List exceptions to unclean hands defense.
  • Irreparable Injury (REM08)
    1. Define the critical question in most "irreparable injury" cases.
    2. Explain under what circumstances courts are reluctant to grant specific performance.
    3. Analyze the issues of "irreparable injury" when plaintiff must bring a multiplicity of lawsuits to vindicate his rights.
  • The Policy Debate over Attorney's Fees Rules (REM09)
    1. Define the American Rule for attorney’s fees.
    2. Distinguish the American Rule from the English Rule.
    3. Analyze the policy reasons that support each rule.
  • Tracing (REM10)
    1. State the most common approaches to tracing of property used in various settings.
    2. Discuss some methods to follow a client's property and funds through various transactions.
    3. Identify the general prerequisites for the legal in-specie remedy of replevin and other equitable restitutionary remedies.
    4. Discuss two main approaches to tracing funds into and out of commingled accounts.
  • Equitable Discretion (REM12)
    1. Explain why courts might decide to deny equitable relief.
    2. Discuss the problem of continuing supervision, as courts decide whether to grant equitable relief.
    3. Analyze situations in which the court weighs the impact on the public in granting injunctive relief.
  • Equitable Protection of Restitution: The Accounting for Profits (REM13)
    1. Contrast the underlying principles of restitution with unjust enrichment.
    2. List the four equitable tools that courts use to protect the right to restitution.
    3. List the elements of restitution.
    4. Explain situations where damages are superior to restitution.
    5. Explain situations where restitution can be a preferable alternative to damages.
    6. Discuss accounting for profits where the defendant is involved in an ongoing business practice which has somehow made use of the plaintiff's property to turn a profit.
    7. Analyze the apportionment defense that allows the defendant to establish that some portion, if not all, of the profits was attributable to factors other than the wrongful conduct.
  • Interests Protected (REM14)
    1. Describe the three main categories of "interests" that may be asserted in any damages case, depending upon the type of injury, as well as the individual circumstances involved.
    2. Discuss the purpose of the expectancy (or expectation) interest.
    3. Discuss the purpose of the reliance interest.
    4. Discuss the purpose of the restitution interest.
    5. Explain how the three categories of interests are interrelated.
  • Preliminary Injunctive Relief (REM15)
    1. Explain the distinction between equitable remedies and legal remedies.
    2. Describe when and why preliminary injunctive relief is granted.
    3. Contrast the two different types of preliminary injunctions: the temporary restraining order (a/k/a "TRO" or "restraining order") and the preliminary or temporary injunction.
    4. List the five factors courts require of plaintiffs to grant preliminary relief.
    5. Explain the distinction between prohibitory and mandatory injunctions.
  • Framing Injunctions (REM16)
    1. Discuss why injunctions must be framed with "specificity" and with "reasonable detail."
    2. Explain why a court always has discretion to deny relief even when the plaintiff is suffering immediate and irreparable injury.
    3. Analyze ways in which attorneys are allowed to participate in the process of drafting the decree.
  • Equitable Protection of Restitution: The Constructive Trust and Equitable Lien (REM17)
    1. Define constructive trust.
    2. Define an equitable lien.
    3. Explain when constructive trusts and equitable liens are available.
    4. Discuss constructive trust as an equitable remedy.
    5. Analyze the purpose of equitable lien as an equitable remedy.
  • Election of Remedies Doctrines (REM18)
    1. Identify the most common areas of law in which you will see the doctrine of election of remedies.
    2. Analyze the underlying principles that drive the doctrine of election of remedies.
    3. Describe situations in which the election may occur.
    4. Explain issues of inconsistent remedies, overlapping remedies and contractual or statutory election of remedies.
  • Contempt Overview (REM19)
    1. Describe the functions of both criminal and civil contempt.
    2. List the four types of contempt.
    3. Explain the function of each of the four types of contempt.
    4. Explain the importance of distinguishing between the four types of contempt.
    5. List the requirements for each type of contempt.
  • Non-Economic Damages: Proof and Argument (REM20)
    1. Explain the prerequisites for recovering non-economic damages.
    2. List evidentiary challenges in proving pain and suffering damages.
    3. Explain the various methods of arguing damages to a jury.
    4. State an example to show that the measurement and proof of damages is subjective and to a degree speculative.
    5. List the kinds of documentary evidence that might provide more "objective" evaluation of the plaintiff's claims of pain and suffering.
  • Adjustments for Present Value and Future Inflation (REM21)
    1. Define the term present value.
    2. Explain the meaning of each variable in the formula PV = FV x 1/(1 + r)n used to calculate present value.
    3. Explain the concept of the time value of money.
    4. Discuss the rationale for making present value adjustments of future pecuniary losses.
    5. Define the term future earnings.
    6. Explain the importance of calculating the present value of a future income stream.
    7. Discuss the general guidelines for making present value adjustments to damage awards.
    8. Define price inflation, as the term is used to determine adjustments for future inflation.
    9. State the importance of the Supreme Court decision in Jones & Laughlin Steel Corp. v. Pfeifer on making adjustments to any damage award.
    10. Analyze the three different methodologies from Jones & Laughlin Steel Corp. v. Pfeifer that can be used to adjust any future pecuniary damage award.
  • Restitution: Unjust Enrichment (REM22)
    1. Discuss the importance of the 1760 case Moses v. MacFerlan.
    2. State the definition of restitution from the Restatement of Restitution.
    3. Analyze the term "unjust enrichment," that depends heavily on factual context.
    4. Explain the two questions courts ask in restitution cases.
    5. Discuss how in determining whether an unjust enrichment has occurred, a court is making a policy judgment about what is fair.
    6. Explain the underlying principle of unjust enrichment.
  • Recovery of Attorneys Fees (REM23)
    1. Explain the "American Rule."
    2. Analyze some of the exceptions to the "American Rule."
    3. Explain when a party may be required to pay attorney’s fees as damages rather than costs.
    4. Discuss some of the policy reasons for fee-shifting.
    5. Discuss a problem with the "American Rule" that presents a risk that individuals will misuse the legal system.
  • Defamation Remedies (REM29)
    1. Define libel and slander.
    2. List the allegations that would result in a finding of slander per se under common law.
    3. Analyze the remedies available to plaintiffs in defamation actions.
    4. Explain how a public official or a public figure requires the plaintiff to prove that the defendant acted with "actual malice" in publishing the defamatory statements.
    5. Analyze the importance of the 1964 Supreme Court case New York Times Co. v. Sullivan.
    6. Discuss the standard of proof for private defamation plaintiffs.
    7. Apply the rules of the three Supreme Court decisions, New York Times, Gertz, and Dun.
  • In Personam Remedies (REM31)
    1. Define in personam.
    2. Explain the basic distinction between so-called in personam decrees and monetary judgments.
    3. Discuss how in personam decrees are enforceable through the remedy of contempt.
    4. Provide an example illustrating why in personam remedies are awarded on a discretionary basis.
    5. Analyze some of the policy reasons for continuing to distinguish between in personam decrees and monetary judgments.
  • Injunctions Against Speech I [Judicial Orders (frequently Injunctions) & Speech] (REM32)
    1. Discuss the concept of prior restraints of speech, particularly in the context of defamation, national security, and obscenity.
    2. Analyze the conflict between court orders ("gag orders") and speech.
    3. Explain why courts have been more inclined to permit orders and restrictions on obscenity.

Contracts

  • ITT v LTX. An Interactive Exploration of UCC Article 2 (SAL01)
    1. Analyze how the elements of a claim for breach of contract are satisfied by facts.
    2. Appraise the choices made by attorneys in litigating a contracts case, and how the different levels of courts respond to their arguments.
    3. Demonstrate how the elements of a breach of warranty claim are satisfied.
    4. Give examples of how the rules of UCC Article 2 and the common law of contracts are exemplified in contract warranty litigation.

Securities

  • Resales of Securities Under Rule 144 (SEC08)
    1. Apply the main requirements of Rule 144 to determine whether a sale fits within the Rule 144 exemption.
    2. List the requirements to use Rule 144.
    3. Define the term "affiliate."
    4. Explain when a holding period applies to sales.
    5. Explain when there is a limit on the amount of securities that can be sold.
    6. List the three types of transactions under which securities must be sold.
    7. Describe when a seller must file a notice of sale.
  • Rule 701 and Compensatory Benefit Plans (SEC09)
    1. Apply the main requirements of Rule 701 to determine if offers and sales fit within the exemption.
    2. List the requirements that Rule 701 imposes in order for a compensatory benefit securities plan to avoid registration.
  • Regulation D: The Rule 504 Exemption (SEC10)
    1. List the three types of companies that are excluded from using the Rule 504(a) exemption.
    2. List two of the requirements from Rule 504(b)(1) that are necessary to qualify for the exemption.
    3. Describe the purpose of Rule 502(c) and any of its exceptions.
    4. Define the resale restrictions in Rule 502(d).
    5. Explain the function of Rule 508.
    6. Apply the main requirements of Rule 504 to determine if offers and sales fit within the exemption.
  • Regulation D: The Rule 506(b) and 506(c) Exemptions (SEC11)
    1. Explain the history of the development of the Rule 506(b) exemption.
    2. List the Rule 506(b) requirements.
    3. List the Rule 506(c) requirements
    4. Define what constitutes a single offering.
    5. Apply the main requirements of Rule 506(b) and Rule 506(c) to determine if offers and sales fit within either exemption.
  • An Introduction to the Federal Crowdfunding Exemption: Part 1 (SEC12)
    1. Apply the basic requirements of the exemption to determine if it is available to a particular offering.
    2. Explain how crowdfunding offerings work.
    3. Apply the offering amount limitation.
    4. Explain which issuers are eligible to use the exemption.
    5. Discuss and apply the restrictions applicable to crowdfunding investors.
    6. Restate the limitations on crowdfunding intermediaries and how they must conduct offerings pursuant to the exemption.
    7. Describe the disclosure requirements of the exemption.
    8. Apply the resale restrictions applicable to crowdfunded securities.
    9. Understand the protection available for insignificant deviations from the exemption's requirements.
  • An Introduction to the Federal Crowdfunding Exemption: Part 2 (SEC13)
    1. Apply the basic requirements of the exemption to determine if it is available to a particular offering.
    2. Explain how crowdfunding offerings work.
    3. Apply the offering amount limitation.
    4. Explain which issuers are eligible to use the exemption.
    5. Discuss and apply the restrictions applicable to crowdfunding investors.
    6. Restate the limitations on crowdfunding intermediaries and how they must conduct offerings pursuant to the exemption.
    7. Describe the disclosure requirements of the exemption.
    8. Apply the resale restrictions applicable to crowdfunded securities.
    9. Understand the protection available for insignificant deviations from the exemption's requirements.

Tax Law

Torts

  • Intent One: The Use of Intent in Tort (TRT01)
    1. Explain the Restatement of Torts concept of intent.
    2. Analyze issues involving intent, including the requisite state of mind, and knowledge of consequences of harmful contact.
    3. Discuss why the issues of specificity of person and intent must be simultaneous with the act.
  • Intentional Torts and Defenses (TRT04)
    1. Define "intent," including transferred intent and mistake, and the requirements of an intentional tort.
    2. Analyze the elements of the intentional torts of battery, assault, false imprisonment and intentional infliction of emotional distress.
    3. Describe and analyze the torts against property.
    4. Discuss the intentional tort defenses.
  • Negligence Elements and Defenses (TRT05)
    1. Explain the traditional elements of negligence.
    2. Analyze the general elements of duty and breach of duty, including res ipsa loquitur.
    3. Describe the issues involved in causation and damages.
    4. Discuss negligence defenses, including contributory negligence, assumption of risk, immunities and the statutes of limitations.
  • Reasonable Person (TRT06)
    1. Identify the basic definitions necessary to understand the concept of a reasonable person.
    2. List the three parts of duty.
    3. Explain why understanding the concept of a reasonable person is important.
    4. Explain why the duty required by negligence is an objective standard.
    5. Discuss the role of the jury in determining whether the standard of a reasonable person has been met.
    6. Define custom.
    7. Analyze the role of custom in the reasonable person standard.
  • Comparative Fault (TRT07)
    1. Explain three main types of comparative fault systems.
    2. Analyze when and how the different systems lead to different results, especially to aggregation of multiple defendants' fault.
    3. Discuss in what respects the plaintiff's conduct is being compared with the defendant's conduct.
  • General Concepts of Damages in Torts (TRT08)
    1. Discuss the structure, function, and terminology of the law of damages in torts cases.
    2. Define general damages.
    3. Define special damages.
    4. Define nominal damages.
    5. Distinguish the concepts of general, special and nominal damages.
    6. Analyze the problems of measurement of damages.
  • Children and Others of Diminished Capacity (TRT09)
    1. Discuss the traditional negligence standard of care for children.
    2. Analyze the exceptional circumstances of when the adult standard applies to children.
    3. Identify the special, clearly defined categories of people who have different standards of care.
  • Battery Basics (TRT10)
    1. Define the elements of battery, including intent, harmful contact and damages.
    2. Apply the elements of battery to some common fact situations.
    3. Analyze common misconceptions about battery.
  • Causation in Fact (TRT11)
    1. Recall the two concepts of causation.
    2. Discuss the difference between cause in fact and legal or proximate cause.
    3. List the two tests that courts use to determine whether cause in fact has been established.
    4. Analyze issues relating to concurrent cause problems.
    5. Quote the "but for" test from the Restatement (Third) of Torts.
    6. Quote the "substantial factor" test from the Restatement (Third) of Torts.
    7. Identify problems in identifying which harm was caused to the plaintiff by multiple negligent defendants.
  • Battery Puzzlers (TRT12)
    1. Review briefly the elements of the tort of battery.
    2. Analyze the nature of intent.
    3. Apply the principles of the old tort of battery to today's new fact situations, such as second-hand smoke and crowded subway cars.
  • General Professional Standard (TRT13)
    1. Discuss the typical and usual standard of care of professionals.
    2. Explain the standard of care confronting attorneys as professionals.
    3. Analyze the issues that involve locality, skill and custom.
  • Occupiers' Liability to Trespassers (TRT14)
    1. Discuss issues involved with the liability of occupiers of premises to trespassers on those premises.
    2. Analyze who is a trespasser.
    3. Analyze the duty owed by occupiers to trespassers.
    4. Compare the duty owed to child trespassers with that owed to adult trespassers.
  • Damages for Harms to Real Property (TRT15)
    1. Explore how courts provide compensation to plaintiffs for harm to their real property.
    2. Analyze the type of interest in the property that has been invaded by the defendant's harmful conduct and the extensiveness of the harm.
    3. Consider the soundness of rules of damages in the various contexts.
  • Civil and Criminal Statutes (TRT16)
    1. Explain additional ways in which the standard of conduct may be determined in addition to the "reasonable person."
    2. Discuss when a civil or criminal statute can be used as the standard of care in negligence cases.
    3. Recall an example of a statute with a civil penalty.
    4. List the elements from the Restatement (Second) of Torts defining how a court may adopt a standard of conduct.
    5. Analyze some of the issues in the Dram Shop cases.
  • Proof of Causation in Fact (TRT17)
    1. Explain the plaintiff's burden of proof with respect to the element of cause in fact.
    2. Describe evidentiary burdens of proof in relation to the use of direct and circumstantial evidence.
    3. Analyze issues in problems of proving who or what caused the plaintiff's harm.
  • Assault (TRT18)
    1. Review the elements of the tort of assault, including intent and causing plaintiff apprehension of an imminent harmful or offensive body touching.
    2. Apply the law of assault to unusual fact situations.
  • Fundamentals of Damages for Harms to Personal Property (TRT20)
    1. Discuss the general principles and basic measures of damages recoverable for harms to personal property.
    2. Explain the three interests in personal property that the law of damages in torts seeks to protect.
    3. Analyze the methods by which the trier of fact could determine the amount of money as compensation for harm.
  • Damages for Harms to Possessory Interests in Personal Property (TRT21)
    1. Define "ascertainable value."
    2. Explain the relevance of ascertainable value to the issue of whether prejudgment interest on the value of the chattel should be included as damages.
    3. Explain how to measure the value of chattels which have fluctuating value.
    4. Discuss rental value as a measure of loss of use.
    5. Explain the recoverability of damages for emotional distress for the deprivation.
    6. Analyze the rules and principles that apply to attempts by owners of personal property to obtain compensation for invasions of their possessory interest in that property.
    7. Explain that damages may vary according to whether the deprivation of possession is permanent or temporary.
  • Damages for Harms to Interest in Use and Enjoyment (TRT22)
    1. Discuss the interest in "use and enjoyment."
    2. Discuss how courts consider the cost of renting a substitute.
    3. Explain whether inconvenience is recoverable as damages.
    4. Analyze the basic and specific measures of damages recoverable for tortious injuries to the interest in use and enjoyment of personal property.
    5. Explain several methods used by the courts for valuing the interest.
  • Damages for Harms to Interests in Physical Integrity of Personal Property (TRT23)
    1. Discuss the basic and specific measures of damages recoverable in torts for harms to the interest in maintaining the physical integrity of personal property.
    2. Analyze the basic "diminution of value rule" to determine damages.
    3. Explain the problems that face the courts when the "value to the owner" is the measure of damages.
  • The Role of the Jury in Torts Cases (TRT25)
    1. Explain the roles of judge and jury in deciding a torts case.
    2. State why a defendant would want to keep a case away from the jury.
    3. Discuss some procedural devices designed to keep the case away from the jury.
    4. Analyze when a question is for the judge to decide and when it must be left for the jury to decide.
  • Intentional Infliction of Mental Distress (TRT27)
    1. Discuss the elements of the tort of intentional infliction of emotional distress, including outrageous conduct with intent to cause severe distress.
    2. Review the requirement that plaintiff must suffer extreme mental distress.
    3. Analyze the difference between outrageous conduct and ill-conceived practical jokes.
  • False Imprisonment (TRT28)
    1. Discuss the elements of the tort of false imprisonment.
    2. Analyze the issues of whether the person imprisoned must be aware of the confinement at the time.
    3. Define the element of confinement.
  • Liability for Defectively Designed Products (TRT29)
    1. Explain the difference between defectively designed and defectively manufactured products.
    2. Explain and compare the two predominant tests for determining whether a product is defectively designed.
    3. Discuss how the two tests work differently.
    4. Analyze impact of warnings, including a consideration of the learned intermediary doctrine.
  • Occupier's Liability to Invitees and Licensees (TRT31)
    1. Explain the difference between invitees and licensees
    2. Analyze the duty owed by an occupier to each category of entrant - invitee and licensee.
    3. Discuss why some states have abandoned the distinction between licensee and invitee and now treat both types of entrant in the same way.
  • Res Ipsa Loquitur (TRT32)
    1. Define the doctrine of res ipsa loquitur.
    2. Discuss the circumstances when the doctrine, res ipsa loquitur, applies.
    3. Explain how common carriers are covered.
    4. Analyze how the doctrine is explained to a jury.
  • Multiple Defendants (TRT34)
    1. Discuss the rules governing the liability of multiple defendants in torts cases.
    2. Examine the issues of joint and several liability and the rules governing contribution between tortfeasors.
    3. Analyze how liability is allocated among multiple tortfeasors.
  • Liability for Defectively Manufactured Products (TRT35)
    1. Explain the difference between defectively designed and defectively manufactured products.
    2. Discuss who can be strictly liable for a defectively manufactured product.
    3. Explain what kinds of products attract strict liability.
    4. Analyze the question of proof that the defect in the product was the proximate cause of the harm that the plaintiff suffered.
  • Strict Liability: Abnormally Dangerous and Ultrahazardous Activities (TRT36)
    1. Define the concept of strict liability.
    2. Explain the basic limitations on strict liability for abnormally dangerous and ultrahazardous activities.
    3. Analyze how the traditional negligence defenses work with strict liability.
  • Strict Liability and Animals (TRT37)
    1. Discuss issues that arise with both trespassing animals and attacking animals.
    2. Explain the limitations on recovery for these types of cases.
    3. Analyze the issue that the harm must be within the dangerous propensities that makes the animal wild or a known dangerous domestic animal in order for strict liability to apply.
  • Contributory Negligence and Last Clear Chance (TRT38)
    1. Define contributory negligence.
    2. List some of the rationale of contributory negligence.
    3. Explain how contributory negligence is applied.
    4. Discuss the doctrine of last clear chance that negates the effect of plaintiff's contributory negligence, and results in plaintiff's full recovery.
  • Consent as a Defense to Intentional Torts (TRT39)
    1. Discuss how consent is determined to exist.
    2. Analyze how the courts have use the concept of consent in balancing the competing interests of the plaintiff and the defendant in relation to policy goals.
    3. Review the issues of consent in fact and apparent consent.
  • Assumption of Risk (TRT40)
    1. Discuss the defense of assumption of risk - express and implied - in negligence actions.
    2. Analyze the difference between assumption of risk and contributory negligence.
    3. Explain how the switch to comparative negligence has also affected assumption of risk.
  • Damages for Personal Injuries (TRT41)
    1. Define the purpose behind the damages remedy.
    2. Discuss the general principles and basic measures governing the remedy of damages for personal injuries.
    3. Explain issues arising in the application of the damages remedy to restore the injured person's interests in preserving bodily integrity, mental integrity, and the person’s ability to pursue a livelihood.
    4. Analyze some of the problems in seeking to fulfill the objective of returning injured plaintiffs as close as possible to the position they enjoyed immediately prior to sustaining the injury.
  • Intervening Cause (TRT42)
    1. Analyze when and why an event that intervenes between the defendant's negligence and the plaintiff's injury may relieve the defendant of liability for the injury.
    2. Discuss whether a subsequent event would be one of the risks the defendant should have foreseen when breaching the duty of care in the circumstances.
    3. Explain the circumstances in which suicide may be a supervening cause.
  • Damages for Injuries That Cause Death (TRT43)
    1. Discuss common law rules and various statutory approaches governing recovery of damages for injuries resulting in death.
    2. Distinguish the different interests addressed by survival statutes and wrongful death statutes.
    3. Analyze how to calculate damages under survival statutes and wrongful death statutes.
    4. Explain the limitations upon recovery that such statutes are likely to contain.
    5. Construct a statutory provision to address a problem of coordination between survival and wrongful death statutes.
  • Conversion (TRT46)
    1. Discuss the elements of the tort of conversion, that is, the intentional interference with personal property.
    2. Analyze components of the tort, including interest, invasion, conduct and remedy.
    3. Apply the theory of conversion to various situations.
  • Trespass to Chattels (TRT47)
    1. Discuss the law of torts that enables a person to obtain compensation for wrongful interference with personal property.
    2. Analyze the concepts of interests, invasion, conduct and remedy.
    3. Apply the theory of trespass to chattels to various situations.

Wills & Trusts

  • Intestacy and Descendants (WT08)
    1. Define Strict Per Stirpes, Modern Per Stirpes and Per Capita by Representation.
    2. Apply the three main ways to define representation: Strict Per Stirpes, Modern Per Stirpes, and Per Capita by Generation (also known as the Uniform Probate Code (UPC)