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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

00:20:07

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

Law School ·

2025/04/18

This lecture provides a thorough overview of the concluding phases of federal civil litigation, starting with the fundamental right to a jury trial and the selection process. It then details the structured progression of a trial, including opening statements, presentation of evidence, closing arguments, and jury instructions. The lecture further explains post-trial motions, such as judgments as a matter of law and requests for a new trial, which serve as critical checks on trial outcomes. Finally,

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00:15:20

Civil Procedure — Lecture Two: Discovery, Pretrial...

Law School ·

2025/04/17

The primary purpose of discovery is for parties to exchange information and evidence before trial, ensuring fairness and preventing "trial by ambush" by requiring both sides to have access to relevant facts and witnesses.The three key elements are relevance to a party's claim or defense, non-privileged matter, and proportionality to the needs of the case; proportionality involves balancing factors like the importance of issues, the amount in controversy, access to facts, and the burden of

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00:19:14

Civil Procedure — Lecture Two: Discovery, Pretrial...

Law School ·

2025/04/16

This lecture provides an overview of key pretrial procedures in civil litigation, focusing on discovery, case management, and summary judgment. Discovery is explained as the formal process for exchanging information and evidence between parties to prevent trial surprises. The lecture details various discovery tools, such as depositions and interrogatories, and emphasizes the importance of proportionality and mandatory disclosures. Subsequently, it covers case management and pretrial conferences,

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00:26:03

Civil Procedure — Lecture One: Jurisdiction, Venue,...

Law School ·

2025/04/15

Short-Answer QuizWhat is the fundamental purpose of personal jurisdiction, and what constitutional provision provides its basis?Personal jurisdiction ensures a court has the authority to compel a defendant to appear and litigate in the forum. Its constitutional basis lies in the Due Process Clause of the Fourteenth Amendment, preventing individuals from being unfairly haled into court in distant or unconnected locations.Explain the difference between general and specific personal jurisdiction,

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00:16:37

Civil Procedure — Lecture One: Jurisdiction, Venue,...

Law School ·

2025/04/14

This lecture on federal civil procedure outlines the initial stages of litigation. It begins by explaining jurisdiction, focusing on the court's power over parties (personal jurisdiction) and the types of cases it can hear (subject matter jurisdiction). The discussion then moves to venue, detailing where a case should be properly filed for trial. The lecture further examines pleadings, covering the initial complaint and the defendant's response, including motions and answers. Finally, it addresses

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00:24:25

Privacy Torts — Intrusion, Appropriation, and False...

Law School ·

2025/04/13

The two core elements for intrusion upon seclusion are: (1) the defendant intentionally intruded, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns; and (2) the intrusion would be highly offensive to a reasonable person.Physical intrusion involves a tangible invasion of a private space, such as breaking into someone's home. Nonphysical intrusion involves less tangible but still invasive conduct, like wiretapping a phone line or using a drone to

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00:14:32

Privacy Torts — Intrusion, Appropriation, and False...

Law School ·

2025/04/12

PRIVACY TORTS — INTRUSION, APPROPRIATION, AND FALSE LIGHTAmerican tort law recognizes a set of privacy torts designed to protect individuals from unjustified invasions into their personal lives. These include intrusion upon seclusion, appropriation of name or likeness, and false light, each addressing different forms of harm.Intrusion upon Seclusion focuses on protecting a person’s right to be left alone. The tort is established when a defendant intentionally invades a plaintiff’s private affairs in

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00:20:26

Contract Law Fundamentals – Formation,...

Law School ·

2025/04/11

The objective theory of contracts states that a party's intention to enter into a contract is judged by outward, objective manifestations (words and conduct) as interpreted by a reasonable person in the offeree's position, rather than the party's secret, subjective intentions. This differs from a purely subjective approach, which would focus on what the parties actually thought, potentially leading to uncertainty and difficulty in enforcement.The common law mirror image rule requires

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00:11:58

Contract Law Fundamentals – Formation,...

Law School ·

2025/04/10

Contract Law Fundamentals – Formation, Enforceability, and PerformanceThis lecture provides a comprehensive overview of contract law, a core subject in both law school and bar exam preparation. It examines how legally enforceable agreements are formed, what makes them valid or voidable, how obligations are performed or breached, and what remedies are available.FormationContract formation requires:Offer: A clear and definite promise showing willingness to enter into an agreement.Acceptance:

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00:17:13

Estoppel: Principles of Consistency and Reliance in...

Law School ·

2025/04/09

Estoppel is a legal principle that prevents a party from asserting a claim or fact that contradicts a previous statement or agreement. Its primary goal is to ensure fairness and consistency in legal proceedings by preventing parties from deceiving or harming others who have relied on their earlier representations.Estoppel originated in the early equitable jurisdiction of common law courts. Judges of equity developed it as a remedy to prevent injustices that would occur if strict adherence to common

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00:18:40

Estoppel: Principles of Consistency and Reliance in...

Law School ·

2025/04/08

This lecture explores the legal doctrine of estoppel, a principle that prevents a party from asserting a position that contradicts one they previously took, especially when another party has relied upon that initial position to their detriment. Rooted in fairness and justice, estoppel doctrines aim to uphold consistency and prevent parties from acting in bad faith by shifting their legal stance after inducing reliance.The lecture provides a comprehensive examination of various forms of estoppel,

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00:22:28

Res Judicata in Civil Procedure: Principles and...

Law School ·

2025/04/07

"Res judicata" literally means "a matter judged." The fundamental principle it represents is that parties are precluded from re-litigating claims or issues that have already been resolved by a final judgment from a court with proper authority.Claim preclusion bars the reassertion of the same cause of action between the same parties after a final judgment on the merits. Issue preclusion, on the other hand, prevents parties from re-litigating specific factual or legal issues that were actually

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00:13:56

Res Judicata in Civil Procedure: Principles and...

Law School ·

2025/04/06

Res Judicata – Claim and Issue PreclusionRes judicata is a doctrine in civil procedure that prevents parties from re-litigating matters that have already been finally decided in previous judicial proceedings. It encompasses two primary sub-doctrines: claim preclusion and issue preclusion, also known as collateral estoppel.Claim PreclusionClaim preclusion bars the same parties—or those in legal privity—from bringing a subsequent lawsuit arising from the same transaction or occurrence after a final

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00:14:50

Innocent Until Proven Guilty: Unpacking the...

Law School ·

2025/04/05

Key Themes and Important Ideas:1. Foundational Importance:The presumption of innocence is presented as a "vital safeguard that underpins the entire criminal justice system" and "serves as the bedrock of our legal protections."It ensures that "the burden remains on the state to prove its case and that no person is punished without a clear, evidentiary demonstration of guilt."2. Historical Roots:The concept has origins in ancient legal traditions, including Roman law, where the state's responsibility

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00:17:29

Innocent Until Proven Guilty: Unpacking the...

Law School ·

2025/04/04

In this in-depth lecture, we journey through the evolution of the presumption of innocence—a cornerstone of criminal law that insists an accused is innocent until proven guilty beyond a reasonable doubt. We explore its historical origins, its enshrinement in constitutional and international human rights frameworks, and its practical application in the courtroom. Discover how this fundamental principle shapes the roles of prosecutors, defense attorneys, and judges, and learn about the challenges

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00:20:41

Sovereign Immunity Uncovered: The Government’s Legal...

Law School ·

2025/04/03

Main Themes and Important Ideas:1. Definition and Core Principle:Sovereign immunity is a legal doctrine stating that the state (or sovereign) cannot be sued without its consent.It is rooted in the historical maxim "the king can do no wrong," reflecting the idea of the sovereign's immunity from legal liability in their own courts.The doctrine has evolved from its absolute form to a more nuanced concept in modern legal systems.Quote: "Sovereign immunity is a legal doctrine that

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00:16:26

Sovereign Immunity Uncovered: The Government’s Legal...

Law School ·

2025/04/02

In this in-depth lecture, I unpack the doctrine of sovereign immunity—its historical origins, constitutional foundations, and practical implications for modern litigation. Join me as I explore how this principle evolved from the age-old maxim "the king can do no wrong" to its contemporary role in balancing governmental accountability with protection from unwarranted lawsuits. Whether you're a law student, legal professional, or simply curious about how government actions are shielded from

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00:25:16

Discovery Decoded: Unraveling Civil Procedure’s Key...

Law School ·

2025/04/01

I. Discovery: The Cornerstone of Fact-FindingThe lecture begins by establishing discovery as a critical, foundational stage in civil litigation, going beyond a mere preliminary step.Key Ideas:Fact-Finding and Transparency: Discovery is the "fact‐finding stage where both parties exchange information to ensure that each side has access to the facts necessary for a fair trial." It aims to replace "trial by ambush" with a system emphasizing "transparency and

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00:17:28

Discovery Decoded: Unraveling Civil Procedure’s Key...

Law School ·

2025/03/31

In this comprehensive lecture, we dive deep into the discovery process—a cornerstone of civil litigation. Join me as we break down the essential elements of discovery, from mandatory initial disclosures and depositions to interrogatories, requests for production, and the evolving realm of e-discovery. This session highlights the strategic importance of uncovering evidence while navigating privileges and limitations that shape modern litigation. Perfect for law students and legal professionals alike,

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00:26:51

Trust and Estate Law: Summary, Review and Exam Tips

Law School ·

2025/03/30

This is an overview and summary of trusts and estates law, focusing on the creation and types of trusts, trustee duties, probate and estate administration, tax planning, and wills/intestacy.Trusts are a way to manage assets during life and after death. A trust requires a settlor, trustee, beneficiaries, intent, and trust property. Trusts can be revocable or irrevocable, testamentary or inter vivos. Trustees have fiduciary duties to beneficiaries, including loyalty, prudence, impartiality, and

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1,806 results

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