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PODCAST

Law School

The Law School of America

The Law School of America podcast is designed for listeners who what to expand and enhance their understanding of the American legal system. It provides you with legal principles in small digestible bites to make learning easy. If you"re willing to put in the time, The Law School of America podcasts can take you from novice to knowledgeable in a reasonable amount of time.

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All Episodes

00:22:52

Contract Law Lecture Two: Contract Interpretation,...

Law School ·

2025/05/08

This lecture text explores contract interpretation, discussing how courts determine the meaning of agreements using the plain meaning rule and extrinsic evidence, such as course of performance, course of dealing, and usage of trade, while also considering the parol evidence rule. It then differentiates performance obligations under common law and the U.C.C., contrasting substantial performance with the perfect tender rule, and introducing the concept of conditions. The material further explains

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00:13:06

Contract Law Lecture Two: Contract Interpretation,...

Law School ·

2025/05/07

This lecture explores the principles of contract interpretation, performance obligations, breach of contract, and the rights of third parties. It covers how courts interpret contracts, the significance of performance standards under common law and UCC, the implications of breach, and the conditions under which performance may be excused. The lecture emphasizes the importance of understanding these concepts for effective contract law practice.TakeawaysCourts interpret contracts to reflect the

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00:26:58

Contract Law Lecture One: Contract Formation /...

Law School ·

2025/05/06

This conversation delves into the fundamental aspects of contract formation, exploring the essential elements such as mutual assent, offer and acceptance, consideration, capacity, and legality. It also discusses various defenses that can affect the enforceability of contracts, providing a comprehensive overview for those preparing for law school exams or practicing in the field.TakeawaysContract formation is critical for law students and practitioners.Mutual assent is essential for a valid

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00:14:41

Contract Law Lecture One: Contract Formation (Part 1...

Law School ·

2025/05/05

This lecture provides a foundational overview of contract formation, outlining the essential elements required for a legally binding agreement. It explains that a contract necessitates mutual assent, typically through offer and acceptance, along with consideration, representing the bargained-for exchange. The discussion also covers the importance of legal capacity and lawful purpose, while further detailing various defenses that can prevent contract enforcement, such as fraud, duress, and the

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00:26:31

Torts Law Lectures Summary

Law School ·

2025/05/04

Harmful contact results in actual injury or pain, while offensive contact is contact that would offend a reasonable person's sense of personal dignity.The core requirement for intent in intentional torts is acting with the purpose of causing a specific consequence or knowing with substantial certainty that the consequence will result. It does not require malice.If a defendant intends to throw a rock at Person A (assault) but instead throws it onto Person B's land without permission, the

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00:28:14

Torts Lecture Three: Defamation, Privacy Torts,...

Law School ·

2025/05/03

The four essential elements of common law defamation are: (1) a defamatory statement, (2) the statement was "of or concerning" the plaintiff, (3) the statement was published to a third party, and (4) the plaintiff suffered damages as a result.Libel is defamation in written or other tangible form and is generally actionable without proof of special damages. Slander is spoken defamation and typically requires proof of special damages unless it falls under the category of slander per

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00:16:18

Torts Lecture Three: Defamation, Privacy Torts,...

Law School ·

2025/05/02

This lecture comprehensively explores four distinct areas of tort law. Defamation protects reputation from false statements, outlining its elements and constitutional limitations. The four privacy torts—intrusion upon seclusion, appropriation, public disclosure of private facts, and false light—safeguard personal autonomy and identity. Economic torts, including interference with contracts and prospective advantage, address wrongful interference with business relationships. Finally, vicarious

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00:25:07

Torts Lecture Two: Negligence and Strict Liability...

Law School ·

2025/05/01

To establish a prima facie case of negligence, a plaintiff must prove duty, breach, causation (both actual and proximate), and damages. These four elements demonstrate that the defendant had an obligation, failed to meet that obligation, and that failure directly and foreseeably caused the plaintiff to suffer actual harm.The Cardozo view of duty, primarily from Palsgraf, holds that a defendant only owes a duty to those persons within the zone of foreseeable harm resulting from their conduct. In

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00:16:18

Torts Lecture Two: Negligence and Strict Liability....

Law School ·

2025/04/30

This lecture on torts law explains the fundamental principles of negligence, outlining its four core elements: duty, breach, causation, and damages, alongside related doctrines such as res ipsa loquitur and negligence per se. The text details various standards of care and methods for establishing breach, including the Hand formula. It further analyzes causation and the requirement of actual harm for negligence claims. Finally, the lecture transitions to strict liability, discussing its application

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00:21:50

Torts Lecture One: Intentional Torts, Privileges, and...

Law School ·

2025/04/29

Intentional torts require a volitional act by the defendant and a specific intent to cause harm or offensive contact, or knowledge with substantial certainty that such a consequence will result. This purposeful interference distinguishes them from the unintentional nature of negligence and the focus on the act itself in strict liability.Harmful contact in battery refers to contact that results in physical injury or pain to the plaintiff. Offensive contact, on the other hand, is contact that would

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00:14:24

Torts Lecture One: Intentional Torts, Privileges, and...

Law School ·

2025/04/28

This lecture provides a foundational overview of intentional torts, which require a volitional act and specific intent to cause harm or offensive contact, distinguishing them from negligence. It meticulously defines core intentional torts such as battery, assault, false imprisonment, intentional infliction of emotional distress, trespass to land, trespass to chattels, and conversion, highlighting their key elements and frequently tested nuances. The lecture also comprehensively examines

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00:38:51

Principles of Criminal Liability (Criminal Law Summary)

Law School ·

2025/04/27

Elements of a Crime: A crime generally has two components: the actus reus, the physical or external part, and the mens rea, the mental or internal feature. The actus reus generally includes a voluntary act that causes social harm. Causation links the voluntary act to the social harm. The requirement of a voluntary act is generally an implicit element of criminal statutes supported by common law. In exceptional cases, an omission (failure to act when there is a legal duty) can serve as the basis for

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00:21:03

Criminal Law – Lecture Three: Defenses to Criminal...

Law School ·

2025/04/26

A justification defense claims that the defendant's conduct was lawful under the circumstances, while an excuse defense concedes the wrongfulness of the act but argues the defendant should not be held criminally responsible. An example of justification is self-defense; an example of excuse is insanity.The core elements of self-defense include an actual and reasonable belief that the use of force was necessary to prevent the imminent use of unlawful force by another. Deadly force is permissible

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00:14:49

Criminal Law – Lecture Three: Defenses to Criminal...

Law School ·

2025/04/25

This lecture provides a comprehensive overview of defenses to criminal liability, categorizing them into justifications, where the act is deemed lawful, and excuses, where responsibility is negated due to factors like incapacity or coercion. It explores specific justification defenses such as self-defense and necessity, and excuse defenses including insanity and duress, detailing their legal standards and variations. The lecture also examines procedural and constitutional limitations, like due

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00:19:19

Criminal Law – Lecture Two: Inchoate Offenses and...

Law School ·

2025/04/24

Inchoate offenses are "incomplete" crimes that involve steps taken toward committing another crime, even if the final harmful result never occurs. The three main types discussed are attempt, solicitation, and conspiracy.The two primary elements required for attempt are the intent to commit a specific crime and an overt act that constitutes a substantial step toward its commission. The mental state requires a specific intent to achieve the prohibited result.The proximity test for attempt

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00:13:18

Criminal Law – Lecture Two: Inchoate Offenses and...

Law School ·

2025/04/23

This lecture on criminal law explores the crucial concepts of inchoate offenses, which are incomplete crimes like attempt, solicitation, and conspiracy. It then transitions to specific crimes against persons, such as varying degrees of homicide, assault, battery, kidnapping, and rape, detailing their distinct elements. Finally, the lecture examines various property crimes, including larceny, embezzlement, false pretenses, robbery, burglary, and arson, highlighting the legal differences between these

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00:13:46

Criminal Law – Lecture One: General Principles and...

Law School ·

2025/04/22

The primary objectives of criminal law include deterrence (general and specific), incapacitation, retribution, rehabilitation, and defining societal norms. Unlike civil law, which aims to compensate a wronged party, criminal law operates on behalf of the state to prosecute and punish wrongful acts in the communal interest.Felonies are typically punishable by death or imprisonment for more than one year, while misdemeanors are lesser offenses usually punishable by a fine or incarceration for less

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00:13:28

Criminal Law – Lecture One: General Principles and...

Law School ·

2025/04/21

This lecture note from a criminal law course introduces fundamental concepts necessary for understanding criminal liability. It explores the purposes of criminal law, including deterrence and retribution, and classifies crimes based on severity and inherent wrongfulness. The note further details the essential elements of a crime, specifically the physical act (actus reus) and the mental state (mens rea), along with principles of causation and concurrence. Finally, it outlines different forms of

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00:30:28

Federal Civil Procedure: Review and Summary

Law School ·

2025/04/20

The purpose of personal jurisdiction is to ensure that a court has the authority to compel a defendant to appear and litigate in a particular forum. This authority is constitutionally grounded in the Due Process Clause of the Fourteenth Amendment, which requires that a defendant have sufficient connections with the forum state.General personal jurisdiction exists when a defendant's contacts with the forum state are so systematic and continuous that they can be sued there for almost any matter,

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00:24:18

Civil Procedure — Lecture Three: Trial, Post-Trial...

Law School ·

2025/04/19

The Seventh Amendment guarantees the right to a jury trial in federal civil cases for legal claims, primarily those seeking monetary damages (e.g., torts, contract breaches), as opposed to equitable remedies like injunctions or specific performance.Voir dire is the process of questioning potential jurors to ensure an impartial jury. Challenges for cause allow dismissal for demonstrated bias, while peremptory challenges permit a limited number of removals without stating a reason, though they cannot

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1,806 results

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