This lesson is designed to teach you the terms, i.e., the words of art, you will need to understand if you are studying Article 3 of the UCC which governs negotiable instruments. It may be used as an introduction to these concepts or as a review or reinforcement of them.
This lesson is designed to be used either as an introduction or as a review of the parties who are involved with negotiable instruments governed by Article 3 of the Uniform Commercial Code. This lesson will teach you to identify the various players who are involved in the use of negotiable instruments. It can be used to introduce you to these players, help you sort them out, or to reinforce what you already understand.
Credit cards allow the cardholder to make purchases without using cash since the purchases are made with debt. The terms of the lending arrangement are governed by the agreement between the cardholder and the issuer, but federal regulations play an important part. In this lesson we will look at issuance of credit cards, disclosure requirements, use of credit cards, and the risk of error and loss on credit cards.
Bank debit cards (sometimes called bank cards or ATM cards) may look like credit cards, but they do not typically have the same features or provide the same protections against loss. Debit cards are associated with a checking (or savings) account owned by the customer. In this lesson we will look at issuance of debit cards, disclosure requirements, imposition of overdraft fees, and the handling of errors and losses on debit cards.
A letter of credit is a document that operates as a payment method whereby parties doing business can enhance the likelihood of payment (typically for goods) through obtaining a form of payment guaranty from a financial institution. In this lesson we will look at the rules governing letters of credit, namely UCC Article 5 and the Uniform Customs and Practices 600. In particular, we will look at how these rules help in the resolution of pre and post honor disputes concerning letters of credit.
The goal of this lesson is to introduce the basic documents involved in a letter of credit transaction by studying one particular transaction.
This lesson is designed to introduce the student to the role of the mortgage note and the applicable law. This should be of interest to students studying real estate and to students studying negotiable instruments. If you are not already familiar with negotiable instruments, you should go through the CALI lesson entitled "What's a Negotiable Instrument" before trying this lesson. It will focus on the 1990 version of the UCC because that is the law in most states.
This is an advanced lesson that requires an understanding of the basics of negotiable instruments. Before doing this lesson you should at least know what a negotiable instrument is, the significance of it being a negotiable instrument, who can enforce a negotiable instrument, who is a holder in due course, and the benefits of being a holder in due course, subjects covered in other lessons.
This is the sixth in a series of lessons, by this author, covering the basics of negotiable instruments law. It explains the obligations that one incurs by becoming a party to a negotiable instrument, whether as a maker, drawer, indorser, or acceptor.
This lesson can be used to introduce you to the benefits of being a holder in due course or to reinforce your knowledge if you have already received an introduction elsewhere.
It is suggested that you complete the lesson, "What is a Negotiable Instrument" before doing this lesson.
This lesson addresses two questions: (1) What is a negotiable instrument? (2) Why does it matter if something is a negotiable instrument? This lesson can be used to introduce you to the topic of negotiable instruments and to these two subjects. It can also be used to review and reinforce knowledge you have already acquired.
This lesson is designed to teach you how to figure out whether a person is a Holder in Due Course. It can be used as an introduction or for reinforcement. It would be best if you did the following lessons before this one: What is a Negotiable Instrument; Travel of a Negotiable Instrument; and The Cast of Characters in Negotiable Instruments.
This lesson will teach you the sometimes confusing rules governing negotiation of instruments under Article 3 of the UCC. Among other things, you will learn what one needs to do to become a holder of an instrument, how instruments are negotiated, and what is necessary for an effective indorsement. If you are already familiar with this material, the lesson can be completed quickly, giving you a good pre-exam review and pointing out any weaknesses in your knowledge.
The topic of this podcast is the basic concepts related to payment systems. In particular, this podcast will introduce some of the payment systems, many of which you probably use regularly. At the conclusion of this podcast, you should be able to (1) identify some of the primary payment systems in the United States; and (2) identify some of the statutory and other rules governing these systems.
This podcast will introduce you to the protection afforded a holder in due course from defenses to payment arising from personal defenses. As holder in due course doctrine arises under Article 3 of the Uniform Commercial Code, this topic deals with instruments, typically paper checks and promissory notes. Importantly, holders in due course doctrine, especially the benefits, are tested by a number of states on the bar examination. This podcast primarily addresses defenses set forth in § 3-305, which you should read carefully.
This podcast discusses the real defenses that can be asserted by an obligor against a holder in due course seeking payment on an instrument. As holder in due course doctrine arises under Article 3 of the Uniform Commercial Code, this topic deals with instruments, typically paper checks and promissory notes. Importantly, holders in due course doctrine, especially its benefits and limitations, are tested by a number of states on the bar examination. This podcast primarily addresses defenses set forth in § 3-305, which you should read carefully.
The topic of this podcast is to introduce the basic attributes of credit cards and how the payment system handles error and fraud. At the conclusion of this podcast, you should be able to (1) identify the primary parties associated with credit card transactions; and (2) identify the applicable legal rules and the defenses of unauthorized charges, billing errors, and contractual defenses.
The topic of this podcast is to introduce the basic attributes of debit cards and how the payment system handles error and fraud. Debit cards are governed by the rules of the federal government’s Consumer Financial Protection Bureau (CFPB) contained in Regulation E. This podcast discusses Regulation E, including issuance of debit cards, disclosures, liability for unauthorized transactions, and even overdraft protection.
The topic of this podcast is the relationship between the liability that parties have on an underlying contractual obligation and an instrument that is taken as payment for the same obligation, including using an instrument to achieve an accord and satisfaction as to a contractual dispute. For example, an individual enters into a contract for a large item such as a car and takes out a loan for payment, signing a promissory note.
This podcast addresses three situations where employers have responsibility for employee fraud related to instruments: (1) where there is a fraudulent indorsement on an instrument either sent to the employer or issued by the employer; (2) where the employee has fraudulently caused the issuance of instruments by the employer; and (3) where the employer has been negligent. This topic also deals with instruments, typically paper checks and promissory notes.
The topic of this podcast is: (1) when a person that takes an instrument from a fiduciary has notice of the breach of fiduciary duty; and (2) when a representative is bound individually on an instrument. This podcast covers the rules of §§ 3-307 and 3-402. These topics are often covered on exam questions.
The topic of this podcast is to address the liability that arises when there is a fraudulent signature on an instrument, as well as the effect of alterations and negligence. These rules are covered in Article 3 of the Uniform Commercial Code, which is tested in a number of states on the bar exam.
The topic of this podcast is who a holder is, how someone becomes a holder, and why it is important. This topic deals with instruments, typically paper checks and promissory notes. While we might not use instruments frequently, checks and promissory notes are still used in many transactions, particularly larger ones. Moreover, financial fraud remains a problem for attorneys who might be the victim of it themselves or need to counsel clients with respect to enforcement of an instrument.
The topic of this podcast is who has responsibility for losses involving imposters and fictitious payees. This topic deals with instruments, typically paper checks and promissory notes. Most individuals don’t use paper checks very often, but checks and promissory notes are still used in many transactions, particularly larger ones. Moreover, financial fraud remains a problem. Not only is this a practice issue, but imposters and fictitious payees are covered in Article 3 of the Uniform Commercial Code, which is tested by a number of states on the bar examination.
The topic of this podcast is when a party that has suffered a loss can shift the loss to another party who indorsed the instrument or who either transferred or presented an instrument for payment. This is important because oftentimes an examination question will simply ask who is liable, which often involves analysis of whether a liable party can shift liability to others. This podcast primarily covers the rules of §§ 3-415 - 3-417.
The topic of this podcast explains what an indorsement is, the different types of indorsements and why they can be important. Indorsements are covered in Article 3 of the Uniform Commercial Code, which is tested by a number of states on the bar examination. At the conclusion of this podcast, you should be able to (1) identify the different types of indorsements and describe how to use them; and (2) explain the reason why indorsements are important.
The topic of this podcast is the obligations and rights of accommodation parties and accommodated parties under Article 3 of the Uniform Commercial Code (U.C.C.), including issues that arise with respect to the settlement of the obligation of the primary obligor. Guarantee transactions present themselves frequently in practice and, because issues can arise under Article 3, the issue sometimes comes up on the bar examination in terms of liability. The primary code provisions covered in this podcast are §§ 3-419 and 3-605. Important terminology will also be discussed.
This podcast discusses the basics of who is liable on a negotiable instrument and to whom. Why is this important? Oftentimes an examination question will simply ask who’s liable. It is important to use the correct legal terminology when describing responsible parties and claims and to organize claims either by responsible party or the party making the claim. In this podcast we will look at responsibility of drawers, makers, drawee banks, depository banks, indorsers, transferees and presenters.
The topic of this podcast is the different basic vocabulary and parties you may see when considering a negotiable instrument under Article 3 of the Uniform Commercial Code. Article 3 is tested on a number of bar examinations. It is always important to correctly identify the transaction and its parties when considering an instrument. An understanding of the basic vocabulary and parties will help you not only use the correct terminology, but also to understand the role of the parties.
The topic of this podcast is the basics of who can bring which claims on a negotiable instrument and against whom. This is important because oftentimes an examination question will simply ask who is liable. But in practice and sometimes on an examination you will have to answer as to the right of recovery of a specific party. You might also need to discuss which parties will ultimately get stuck with the loss. This podcast will look at claims that might be made by a drawer, maker, drawee bank (sometimes called a payor bank), depositary bank, transferee, and payee.
This podcast asks who has the right to enforce a negotiable instrument. The podcast will also discuss enforcement of lost, destroyed, or stolen instruments. Correct terminology is important and this podcast covers terms such as holder, negotiation, person entitled to enforce (PETE), presentment, and dishonor.
The topic of this podcast is who is a holder in due course, how someone becomes a holder in due course, and why it’s important. This podcast will explain the distinction between the process of becoming a holder and a holder in due course. Like other podcasts in the Payment Systems series, this one also deals with instruments, typically paper checks and promissory notes. While we might not use instruments frequently, checks and promissory notes are still used in many transactions, particularly larger ones.
This lesson introduces the student to the doctrine and processes involved in interpreting state and federal statutes. Statutes are a critical part of every substantive area of the law, so this is important background for every student, legal professional, lawyer and judge.