Sum and Substance Audio Tape Series

ADMINISTRATIVE LAW

Tape 1

Side 1: Introduction; Separation of Powers; Classification of Agencies; Rule-Making; Adjudicative and Investigative Actions; POWER Issues; Rule-Making Power: Delegation Doctrine.

Side 2: Delegation Doctrine (cont.); Ultra Vires Actions; Delegation Doctrine in States, Adjudicative Power, Legislative Control.

Side 1: Legislative Control (cont.); Control by Executive; FOIA; PROCEDURE Issues; Sources of Administrative Procedure; Rule-Making Procedure; Public Participation, Adjudicative Procedure.

Side 2: Adjudicative Procedure (cont.): Due Process, Classification of Issues; Trial Type Hearings; Adjudicative Process; Administrative Law Judge; Stare Decisis; Res Judicata.

Side 1: Res Judicata (cont.); Collateral Estoppel; Power to Stay Proceedings; Investigative Procedure; JUDICIAL REVIEW Issues; Common Law Writs; Declaratory Judgement; Statutory Provisions; Review Upon Enforcement; Power to Stay Proceedings; Sovereign Immunity; Amendment XI; Statutory Limitations.

Side 2: Standing; Ripeness; Exhaustion of Administrative Remedies; Primary Jurisdiction; Scope of Judicial Review; Review of Adjudication.

Side 1: Scope of Judicial Review (cont.); Review of Rule Making; Review of Discretionary Action; Conclusion.

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AGENCY & PARTNERSHIP

Tape 1

Side 1: Types of Entities Involved; Master-Servant Elements; Internal Rights and Duties; Loaned Servant Doctrine; Independent Contractors.

Side 2: Scope of Employment.

Side 1: Scope of Employment (cont.); Rights of Third Parties; Capacity, Authority and Apparent Authority; Types of Principle and Agents; Principle Agent Status; Internal Rights and Duties.

Side 2: Rights of Third Parties; Piercing the Corporate Veil; Inherent Agency Power; Undisclosed Principles.

Side 1: Ratification; Termination of Agency.

Side 2: Modern Attacks and Ancient Interpretations; Uniform Unincorporated Non-Profit Association Act.

Side 1: Addendum: Loaned Servant Doctrine; Modern Cases and Common Law Agency; Scope of Employment; Employment Relationships Under Social Legislation.

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ANTITRUST

Tape 1

Side 1: Introduction; Exemptions.

Side 2: Exemptions (cont.); Horizontal Restraints; Per Se Treatment.

Side 1: Per Se Treatment (cont.); Conspiracy; Rule of Reason Analysis.

Side 2: Rule of Reason Analysis (cont.); Boycotts; Vertical Restraints; Resale Restrictions.

Side 1: Vertical Agreement; Exclusive Dealings; Patents.

Side 2: Patents (cont.); Settlements; General Electric Doctrine; Market Definition & Market Power; Monopolization.

Side 1: Monopolization (cont.); Mergers; Horizontal Mergers.

Side 2: Horizontal Mergers (cont.); Vertical Mergers; Conglomerate Mergers; Robinson Patman Act.

Side 1: Robinson Patman Act (cont.).

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BANKRUPTCY

Tape 1

Side 1: Debtor/Creditor Relationship Before Bankruptcy. The Commencement Conversion; Dismissal and Reopening of Bankruptcy Proceedings.

Side 2: The Commencement, Conversion, Dismissal and Reopening of Bankruptcy Proceedings (cont.); Property of the Estates.

Side 1: Property of the Estates (cont.). Secured, Priority and Unsured Claims; The Automobile Stay; Avoiding Powers.

Side 2: Avoiding Powers (cont.).

Side 1: Executory Contracts and Other Incomplete Transactions; The Bankruptcy Discharge.

Side 2: The Protection of Exempt Property; Chapter 13 Proceedings.

Side 1: Chapter 13 Proceedings (cont.); Chapter 11 Proceedings.

Side 2: Proceedings (cont.); Bankruptcy Jurisdiction and Procedure.

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CIVIL PROCEDURE

Tape 1

Side 1: Introduction; The Clusters of Procedure; An Outline of the Jurisdiction Cluster: Federal Question Jurisdiction; Diversity of Citizenship; Complete Diversity.

Side 2: Complete Diversity (cont.); Amount in Controversy; Aggregration; Jurisdiction over the Person; Traditional Bases of Jurisdiction.

Side 1: Long Arm Statutes; Constitutional Principles; Illustrative Application; Jurisdiction Based on Property.

Side 2: Jurisdiction Based on Property (cont.); Territoriality; Federal Court Jurisdiction; Notice and Opportunity to be Heard; Service of Process; Venue Principles; Transfer of Venue; Form Non Conveniens.

Side 1: Forum Non Conveniens (cont.); Removal; Waiver of Defenses; The Erie Doctrine; Erie v. Tompkins; Guarantee Trust v. York; Byrd v. Blue Ridge; Hanna v. Plummer; Walker v. Armco Steel; Klaxon and Day; Inverse Erie; Pleading-Overview.

Side 2: Pleading (Particularity of); Special Pleading Rules; Amendment of Pleadings; Relation Back of Amendments; Sanctions; Joinder-Overview; Joinder of Claims; Permissive Joinder of Parties; Complusory Joinder of Parties.

Side 1: Compulsory Joinder of Parties (cont.); Counterclaims; Cross Claims; Third Party Claims; Class Actions.

Side 2: Class Actions (cont.); Discovery-Overview; Scope of Discovery.

Side 1: Scope of Discovery (cont.); Discovery Devices; Hickman v. Taylor; 1993 Amendments; Summary Judgement; Trial-Overiew; Jury Trial.

Side 2: Jury Trial (cont.); Beacon Treaties; Curtis v. Loether; Post Trial Motions-Overview; New Trial Motions; Partial New Trial Motions; Bifurcation; Conditional New Trial.

Side 1: Conditional New Trial (cont.); Directed Verdict Motions; Motions for JNOV; Appeals-Appealability and Scope of Review; Former Adjudication-Overview; Res Judicata.

Side 2: Res Judicata (cont.); Collateral Estoppel; Who is Bound by Former Adjudication.

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COMMERCIAL PAPER & PAYMENT LAW

Tape 1

Side 1: Introduction; Types of Negotiable Instruments; Elements of Negotiability; Negotiation of the Instrument; Becoming a Holder-In-Due Course.

Side 2: Becoming a Holder-In-Due-Course (cont.); Rights of a Holder-In-Due-Course; Real and Personal Defenses; Jus Tertii; Effect of Instrument on Underlying Obligation; Contracts of Maker and Endorser.

Side 1: Contracts of Maker and Endorser (cont.); Obligations of Drawer and Drawee; Suretyship; Signatures by an Agent; Introduction to Article 4.

Side 2: Banks and Their Customers; Properly Payable Rule; Wrongful Dishonor; Stopping Payment; Death of Customer; Subrogation; Bank Statements.

Side 1: Contract of Deposit; Offset; Check Collection; Final Payment; Expedited Funds Availability Act; Delays; Forgery of the Payee's Name.

Side 2: Conversion; Forgery of Drawer's Name; Alterations; Imposter Rule; Negligence Rule; Wire Transfers; Electronic Fund Transfers Act; Summary.

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COMMUNITY PROPERTY

Tape 1

Side 1: Definition of Separate & Community Property; Exchange Rule; Inception of the Right Theory; Definition of "Separation"; Quasi-Marital Property; Marvin v. Marvin; Quasi-Community Property; Transmutation.

Side 2: Presumptions and How to Rebut Them; Commingling; Family Expense Presumption; Pereira-Van Camp Issues; Unauthorized Gifts.

Side 1: Apportionment and Reimbursement; Liability for Various Types of Debts; Disposition of Community Property on Dissolution of Marriage.

Side 2: Exception to Equal Division Requirement; Disposition of Property on Legal Separation; Disposition of Community Property at Death of a Spouse; Preemption of Federal Statutes.

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CONFLICT OF LAWS

Tape 1

Side 1: Introduction; What is a Conflict; History and Sources of Law; Domicile; Jurisdiction; In General; In Personam.

Side 2: Jurisdiction (cont.); In Rem...; Quasi in Rem; Court Competence; Notice; Forum Non Conveniens; Transfer/ Federal Courts; Choice of Law; Foreign Cause of Action; Choice/Tort and Contract.

Side 1: Choice of Law (cont.); "Escape Devices"; Most Significant Relationship (Center for Gravity)/Tort.

Side 2: Choice of Law (cont.); Government Interest Analysis/Tort; Choice of Law/Contract; Statutes of Fraud; Usury; Workers Compensation Awards.

Side 1: Choice of Law (cont.): Property (Immovable and Movable); Trusts, Wills and Estates; Agency Partnerships and Corporations.

Side 2: Choice of Law (cont.); Domestic Relations Law; Recognition of Judgements; Foreign Country Judgements/Comity.

Side 1: Judgement (cont.); Domestic Judgements/Fall Faith and Credit; Review of Judgements; Modifiable Judgements.

Side 2: Judgements (cont.): Defenses to Recognition and Enforcement; Federal/State (Erie) Problems; Constitutional Limitations on Choice of Law; International Conflicts; Conclusion.

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CONSTITUTIONAL LAW

Tape 1

Side 1: Powers of Government; Powers of the Federal Courts-Judicial Review; Limits on the Powers of Federal Courts; Jurisdictional Limits.

Side 2: Jurisdictional Limits (cont.); The Eleventh Amendment; Abstention; Justiciability Limits; "Cases and Controversies"; The Doctrine of Standing.

Side 1: Justiciability Limits (cont.); Standing; Ripeness; Mootness; Political Questions.

Side 2: Justiciability Limits (cont.); Powers of the President; Domestic Powers; Commander in Chief Powers; Foreign Affairs Powers; Executive Privileges and Immunities.

Side 1: Executive Powers and Immunities (cont.); Powers of Congress; The Necessary and Proper Clause; The Commerce Clause.

Side 2: Powers of Congress (cont.); Federalism; The Relationship of the Stated to the National Government; Individual Liberties; The State Action Doctrine.

Side 1: The State Action Doctrine (cont.); Due Process of Law; Substantive Due Process; Economic Substantive Due Process; The Takings Clause Alternative.

Side 1: Fundamental Personal Rights (cont.); Procedural Due Process.

Side 2: Affirmative Action (cont.); Alienage; Gender and Illegitimates Discrimination; Fundamental Rights Equal Protection; Why Classifications are not Subject to Heightened Review.

Side 1: First Amendment-Freedom of Expression; Content Control of Speech; Categories of Unprotected or Less-Protected Speech.

Side 2: Freedom of Expression (cont.); Time; Place and Manner Control; Vagueness; Overbreath and Prior Restraint; Speech in Special Contexts; 1st Amendment-Establishment/Free Exercise Clauses.

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CONSUMER LAW

Tape 1

Side 1: Fair Credit Reporting Act (Part 1): Equal Credit Opportunity Act.

Side 2: (Part 2) Equal Credit Opportunity Act; Usuary, Truth in Lending Act-Scope; Credit Cards.

Side 1: Truth in Lending; Finance Charge & APR; Disclosures: Open End; Fair Credit Billing Act; Disclosures: Close End; High Rate/High Fee Mortgages.

Side 2: Reserve Mortgages; Credit Advertising; Rescission; Credit Insurance; Remedies.

Side 1: Consumer Leasing Act; Electronic Fund Transfer Act; FTC Credit Practices Rule; FTC Door-to-Door Sales Rule; State Deceptive Practices Statutes; Federal Odometer Act.

Side 2: Federal Odometer Act (cont.); Fraud; Debt Collection Torts; Fair Debt Collection Practice Act; Conclusion.

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CONTRACTS

Tape 1

Side 1: Introduction; Offer and Acceptance (Part 1).

Side 2: Offer and Acceptance (Part 2); Consideration: Definition, Sufficiency, Adequacy, Forbearance.

Side 1: Past Consideration; Pre-Existing Duty Rule; Payment-in-Full Checks; Promissoy Estoppel; Statute of Frauds (Part 1).

Side 2: Statute of Frauds (part 2); Parol Evidence Rule; Mistake (Part 1).

Side 1: Mistake (Part 2); Fraud; Duress; Undue Influence; Illegality; Incapacity.

Side 2: Unconscionability; Impossibility; Conditions and Promises.

Tape 1: Anticipatory Repudiation; Third Party Beneficiaries; Assignment and Delegation (Part 1).

Side 2: Assignment and Delegation (Part 2); Remedies.

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COPYRIGHT LAW

Tape 1

Side 1: Constitution; Patents and Property Ownership Distinguished; Subject Manner of Copyright; Duration and Renewal; Ownership and Transfer.

Side 2: Formalities; Introduction.

Side 1: Notice; Registration and Deposit; Infringement; Overview, Reproduction and Derivative Works; Public Distribution; Public Performance and Display.

Side 2: Exemptions; Fair Use.

Side 1: Fair Use (cont.); Photocopying; Remedies; Preemption of State Law.

Side 2: Preemption (cont.); Review Questions and Analysis.

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CORPORATIONS

Tape 1

Side 1: Formation; Defective Incorporation; Piercing the Corporate Veil Choice of Law; Equitable Subordination of Loan.

Side 2: Governance Within Corporation; Shareholder Powers; Board of Directors; Structure, Formalities for Business, Committees; Officers; Authorities.

Side 1: Shareholder Voting; Shareholder Meetings; Straight vs. Cumulative Voting Staggered and Classified Boards of Directors; Removal of Directors; Federal Proxy Rules.

Side 2: Close Corporations; Super Vote and Quorum Requirements; Shareholders Voting Agreements; Limiting Discretion of Directors; Close Corporation Statutes; Involuntary Dissolution; Fiduciary Obligations.

Side 1: Duties of Care and Loyalty; Business Judgement Rule; Duty of Care; Duty of Loyalty.

Side 2: Special Fuduciary Duties; Defining Control; Executive Compensation; Usurption of Corporate Opportunity.

Side 1: Controlling Stockholders; Defining Control; Sale of Control; Sale of a Corporate Office; Promoters: Secret Profit of Promoters, Duty of Promoters to Deal Fairly.

Side 2: Derivative Suit Procedures; Defined, Standing, Demand of Directors, Special Litigation Committee, Security of Expense Statutes; Award of Attorney's Fees.

Side 1: Insider Trading; Debate Surrounding Insider Trading, Common Law "Special Facts" Doctrine, Common Law Right of Corporation, Section 10(b) and Rule 10b-5: Insiders, Misappropriators, Tippors, Tippees; Short-Swing Profits Under Section 16(b).

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CRIMINAL LAW

Tape 1

Side 1: Introduction; Sources and Nature of Criminal Law; Theories of Punishment; Actus Reus.

Side 2: Actus Reus (cont.); Mens Rea.

Side 1: Mistake of Fact; Mistake of Law; Causation (actual).

Side 2: Causation (proximate); Defenses: In General; Self-Defense; "Battered Woman Self-Defense".

Side 1: Defenses-of-Others; Defenses of Property/Habitation; Law Enforcement Defenses; Necessity.

Side 2: Duress; Intoxication; Insanity; Diminished Capacity.

Side 1: Murder.

Side 2: Murder (cont.); Manslaughter; Rape.

Side 1: Rape (cont.); Larceny; Embezzlement; False Pretenses; Criminal Attempt.

Side 2: Criminal Attempt (cont.); Solicitation; Conspiracy; Accomplice Liability.

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CRIMINAL PROCEDURE

Tape 1

Side 1: Introduction Retroactivity; Harmless Error; Incorporation.

Side 2: Fourth Amendment Introduction; Issue Checklist,"Persons, Houses, Papers, Effects"; Katz "Search" Doctrine; Surveillance of Conversations.

Side 1: Open Fields Doctrine; Bank Records Surveillance Pen Registers; Aenai; Surveillance; Seizure of Property; Probable Cause

Side 2: Probable Cause (cont.); Search Warrants; Arrest Warrants; Search Warrant Exception; Exigency.

Side 1: Search Warrant Exceptions (cont.); Incident to an Arrest; Cars and Containers; Inventories.

Side 2 Search Warrant Exceptions (cont.); Plain View and Touch; Consent; Brief Detentions and Pat-Downs (Terry v. Ohio).

Side 1: Search Warrant Exceptions (cont.); Weapons Searches of Autos; Protective Sweeps of Homes; Brief Detention of Property; Sobriety Checkpoints; Public School Searches; Drug Testing; Standing to Consent Searches; Exclusionary Rule; In Geneva.

Side 2: Exceptions to Exclusionary Rule; Fruit-of-the Poisonous-Tree Doctrine; Entrapment; Interrogations: Introduction; Interrogation: Due Process Clause and Fifth Amendment.

Side 1: Interrogations: Miranda v. Arizona.

Side 2: Interrogations: Right to Counsel; Pre-trial. Identification Procedures; Trial Right to Counsel; Pre-Trial Identification Procedures; Trial; Right to Counsel.

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DISPUTE RESOLUTION & NEGOTIATION

Tape 1

Side 1: Introduction to Dispute Resolution; Dispute Resolution.

Side 2: Dispute Resolution.

Side 1: Negotiation I.

Side 2: Negotiation I.

Side 1: Negotiation II.

Side 2: Negotiation II.

Side 1: Negotiation Preparation.

Side 2: Negotiation Preparation.

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ENVIRONMENTAL LAW

Tape 1

Side 1: Introduction; Four Difficulties in Studying Environmental Law; Nuisance Law; Public and Private Nuisance; Substantiality of the Hurt.

Side 2: Nuisance Law (cont.); Land-Use Aspects of Nuisance Law; Technological and Operational Adjustments; Impact of Statutes; Remedies.

Side 1: Remedies (cont.); Nuisance-Law Elaborations; Federal Common Law of Nuisance; Trespass; Strict Liability for Abnormally Dangerous Activities; State Environmental Protection Acts.

Side 2: State Environmental Protection Acts (cont.); Public Trust Doctrine; Takings; SLAAP Suits; Whistleblower Protection Statutes; Hazardous Waste Laws (EPCRA and CERCLA).

Side 1: CERCLA (con.); Response Cost Actions (Section 107) (5-4-4-3 Rule).

Side 2: Response Cost Actions (cont.); Resource Conservation and Recovery Act (RCRA); Administrative Law and Environmental Law; Hard Look Doctrine.

Side 1: Hard Look Doctrine (cont.); National Environmental Policy Act; Summary and Theory; Reasons for Success; Doctrinal Hearings; Whether EIS is Required.

Side 2: Whether EIS is required (cont.); What: Content of the EIS; When: Statement Training.

Side 1: When: Statement Training (cont.); Endangered Species Act; Marine Mammal Protection Act; Pollution Statutes; Eight Criticisms of the Pollution Laws.

Side 2: Eight Criticisms of the Pollution Laws (cont.); Clean Water Act; Historical Background; Statements of Purpose and Definitions; NPDES Permit Program; Water Quality Standards; (WQS's); Enforcement: Citizen Suits.

Side 1: Enforcement: Citizen Suits (cont.); Section 404: Dredge and fill; Top Ten Issues for Indian Tribes; Top Ten Issues for National Defense/Post Cold War; Safe Drinking Water Act; Oil Pollution Act of 1990; Clean Air Act; Toxic Substance.

Side 2: Toxic Substance (cont.); Federal Insecticide, Fungicible and Rodenticide Act (FIFRA); Toxic Substances Control Act; Conclude: Top Ten Legal Environmental Issues Today.

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EQUITABLE REMEDIES

Tape 1

Side 1: General Background; Injunction; Adequacy of Legal Remedy.

Side 2: Interests Protectable by Equitable Remedies.

Side 1: Balancing the Equities; Equitable Defenses.

Side 2: Equity Procedure; Territoriality; Persons Bound; Contempt; Modification.

Side 1: Contract Remedies; Specific Performance.

Side 2: Rescission; Reformation; Constructive Trust; Equitable Lien; Sample Problem.

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Side 1: Introduction; Evolution and Constitutionality; Rates and Progressivity; Community Property; Marital Property; Unification of the Transfer Taxes; the Unlimited Marital Deduction; the Generation Skipping Tax.

Side 2: Introduction to the Three Transfer Taxes; Outline of the Estate Tax, Gift Tax and Generation Skipping Tax.

Side 1: What are Taxable Transfers? (cont.); Estate and Gift Tax; Future Interests; "Property"; Time of Gift.

Side 2: What are Taxable Transfers? (cont.); Donative Intent and Consideration; Gift Tax; Divorce; Property Settlements; Marital Property Rights as "Consideration"; Estate Tax.

Side 1: Application of the Estate Tax to Transfers During Life; Incomplete Transfers; Retained Powers and Rights.

Side 2: Transfers During Life (cont.); Special Valuation Rules and "Estate Freezes".

Side 1: Transfers During Life (cont.); Adequate and Full Consideration; Gift Tax Consequences; Jointly-Owned Property and Community Property; Life Insurance - Estate and Gift Tax.

Side 2: Life Insurance-Estate and Gift Tax (cont.); Annuities; Employee Death Benefits; Powers of Appointment.

Side 1: Powers of Appointment (cont.); Release; Lapse; Exercise; Inclusion and Valuation.

Side 2: Valuation (cont.); Exemptions and Exclusions; Gift of Future Interests; Gifts to Minors; Deductions and Computing the Taxable Estate; the Marital Deductions.

Side 1: Deductions and Computing the Taxable Estate (cont.); the Marital Deductions (cont.); Split Gifts (the Terminable Interest Rule).

Side 2: The Marital Deductions (cont.); Estate and Gift Tax Credits; Liability and Payment of the Taxes; Unified Credit; International; Conclusion.

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EVIDENCE

Tape 1

Side 1: Overview; Lawyer, Judge, Jury Functions; Objections; Relevancy; Discretionary Exclusion.

Side 2: Discretionary Exclusion (cont.); Subsequent Remedial Measures; Offers to Compromise; Medical Expenses; Liability Insurance.

Side 1: Character Evidence; Other Crimes Evidence.

Side 2: Other Crimes Evidence (cont.); Habit; Hearsay Defined.

Side 1: Hearsay Defined (cont.); Hearsay Exceptions

. Side 2: Hearsay Exceptions (cont.); Confrontation Clause.

Side 1: Confrontation Clause (cont.); Competency; Direct and Cross Examination; Impeachment.

Side 2: Impeachment (cont.); Opinions and Expert testimony.

Side 1: Opinions and Expert Testimony (cont.); Authentication; Best Evidence Rule; Privileges.

Side 2: Privileges (cont.); Judicial Notice; Presumptions.

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EXAM SKILLS: ESSAY WRITING

Tape 1

Side 1: The Law School Essay Exam: Nature of the Exam; Students' Obligations in Responding to the Exam; 3 Skills Required to be a Successful Essay Writer; How Law Professors Construct Essay Exams.

Side 2: System for Understanding the Law; Importance of Law; Knowledge in Responding to Essay Exams; System for Understanding the "Big Picture".

Side 1: How to be a Successful Essay Writer: General Guidelines About Law School Finals.

Side 2: How to be a Successful Essay Writer (cont.); System for Answering Essay Questions; Illustration of Techniques by Analyzing Two Essay Questions; How to Practice at Home to Improve Skills.

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EXAM SKILLS: MULTIPLE CHOICE & MBE

Tape 1:

Side 1: Purpose of M/C Examination; Exams: Essay; M/C and the MBE; Examiners' Rules of Construction; Structure of M/C Items; Distractors and Foils; Playing the Right Role: Judge, Advocate, Scholar.

Side 2: Timing Approach; Variations; Selecting the Correct Answer; Preparing for the Exam; Messages on the Astral Plane.

EXAM WRITING: ESSAY

Side 1 and 2: Exam Writing--Essay.

Side 1 and 2: Exam Writing--Essay.

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EXAM WRITING: OBJECTIVE

FAMILY LAW

Tape 1

Side 1: National Scope of Family Law, Marital Relationship, Consequences of Marriage Formality and Solemnization; Common Law Marriage; Impediments.

Side 2: Impediments (cont.); Marriage Conflict of Law; Non-Marital Relationship; Law of Names; Void and Voidable Marriages; Marital Breakdown; Annulment and Defenses; Divorce-Fault and No Fault.

Side 1: Divorce Defenses; Separation; Jurisdiction for Divorce; Migratory Divorce. Full Faith and Credit; Temporary Orders, Economic Aspects of Marital Breakdown; Property Division; Community Property Principles; Equitable Distribution.

Side 2: Property Division (cont.); Marital Separate Property; Types of Property Interests; Equitable Reimbursement.

Side 1: Property Divisions (cont.); Alimony; Modification and Termination of Alimony; Child Support; Health Insurance; Enforcement of Orders; Antenupial Agreements.

Side 2: Antenuptial Agreements (cont.); Postnuptial Agreements; Separation and Settlement Agreements; Custody Jurisdiction and Awards; Modification of Custody; Visitation Rights; Termination of Parental Rights; Adoption.

Side 1: Illegitimacy; Paternity Actions.

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FEDERAL INCOME TAX

Tape 1

Side 1: Introduction Administrative Appeals; Audit Process; 30 and 90-day Letters; US Tax Court Definition: Statute of Limitation; Tax Formula; Gross Income; Source of Income; Realization.

Side 2: Realization (cont.); Form of Receipt; Exclusion; Gifts/Inheritances; Personal Injuries.

Side 1: Personal Injuries (cont.); Tax Basis Rules; Amount Realized; Adjusted Basis; Co-Ownership Property.

Side 2: Divorce Tax Rules; Property Settlements; Alimony; Child Support; Assignment of Income; Earnings.

Side 1: Assignment of Income (cont.); Property; Timing of Assignment; Tax Avoidance; Kiddie Tax; Series EE Savings Bonds; Trust and Guardianships.

Side 2: Business Deductions; "Ordinary and Necessary"; Expense v. Capital Outlay; Investment Deduction; Two-Prong Test for Deductions.

Side 1: Passive Losses; Trade or Business Activity; Material Participation; Exceptions; Interest Deductions.

Side 2: Capital Gains and Losses; Tax-Deferred Sales/Exchanges.

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FUTURE INTERESTS

Tape 1

Side 1: Future Interests.

Side 2: Future Interests (cont.); Future Interest Doctrines.

HOW TO WIN AT LAW SCHOOL

Tape 1

Side 1: The Culture of Legal Education; How to Approach Any Subject; How to Brief Cases; What to Do in Class Examination-Preparation.

Side 2: Examination-Techniques; Social and Romantic Implication of Law School; Conclusion.

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INSURANCE LAW

Side 1: Introduction; Prejudgments and Myths; Court Decisions; Unique Product; Origins; Definitions; Indemnity Principle; Coordination With Tort Law; Subrogation; Insurable Interest; Life Insurance.

Side 2: Life Insurance (cont.); Property Insurance; Time of Insurance Interest.

Side 1: Court Interpretations of Policies; Contract Law; Contra Proferentum; Exaggerated Contra Proferentum; Doctrine of Reasonable Expectation; "Hionis" Approach.

Side 2: Court Interpretations (cont.); Insurer's Defenses; Statutory Counter-Defenses; Increase of Risk Statute; Contribute to Loss Statute.

Side 1: Contribute to Loss Statute (cont.); "Stipcich" Rule; Limitations of Coverage; Duty to Defend.

Side 2: Duty to Defend (cont.); Remedies; Non-Waiver Agreement; Reservation of Rights Letter; Declaratory Judgment Action; Conflict of Interest; "cumbersomely" counsel.

Side 1: "Cumins" Counsel (cont.); Bad Faith Causes of Action; Third-Party Insurance; Tort Theory.

Side 2: Tort Theory (cont.); Remedies; Excess Insurer; First-Party Insurance; Tort Theory Remedies.

Side 1: Bad Faith Causes of Action (cont.); Against Insured; Comparative Bad Faith; Insure's Duty of Cooperation; Life Insurance; Term Insurance; Whole Life Insurance.

Side 2: Whole Life Insurance (cont.); Universal Life Insurance; Participatory v. Non-Participatory; Industrial Life Insurance; Annuities; Incontestability Clause; Application.

Side 1:Incontestability Clause (cont.); Coordination of Benefits Clause; Other Insurance: Clause.

Side 2: "No-Action" Clause; Loan Receipts; No-Fault Insurance; Uninsured Motorist Coverage; Underinsured Motorist Coverage.

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INTELLECTUAL PROPERTY

Tape 1

Side 1: Introduction; Pedagogy; Unfair Competition, Misappropriation; Passing Off; Intro to Trademark Law; Types of Trademarks; Distinctiveness; Secondary Meaning; Marks Precluded from Registration; Geographic Terms.

Side 2: Geographic Terms (cont.); Immoral or Scandalous Marks; Prior Use of the Mark; Product or Container Shapes; Aesthetic Functionality; Colors; Trade Dress; Ownership; Use Under Common Law; Lanham Act Registration.

Side 1: Common Law Trademark Rights; Natural Expansion Doctrine; Rights Under Lanham Act; Incontestability; Infringement; Likelihood of Confusion; The Polaroid Factors; Fair Use; Parodies; Comparative Advertising; Reconditioned Goods; Abandonment.

Side 2: Abandonment (cont.); Remedies; Grey Market Goods; Dilution; Closing Thoughts on Trademark Law; The Right of Publicity; Protection of Submitted Ideas; Introduction to Copyright Law; The Subject Matter of Copyright; Originality; Fixation.

Side 1: Ideas; Processes and Procedures; Categories of Authorship; Pictorial, Graphic and Sculptural Works; Separability; Sound Recordings; Architectural Works; Compilations; Derivative Works; Copyright Formalities; Publication; Notice; Deposit; Registration; Ownership; Joint Works; Works Made for Hire; Transfer of Copyright; Compulsory Licenses.

Side 2: Compulsory Licenses (cont.); The Exclusive Rights; Reproduction; Adaptation; Distribution; Public Performance; Display; Moral Rights; Attribution; Integrity; Duration of Copyright; Termination of Transfers; Infringement; The Subtractive Approach; The Total Concept and Feel Approach; Fragmented Literal Similarity.

Side 1: Fragmented Literal Similarity (cont.); Comprehensive Nonliteral Similarity; Indirect Infringement; Computer Programs; Fair Use; Parodies; Remedies; Closing Thoughts on Copyright Law; Semiconductor Chip Protection Act; Vessel Hull Design Protection Act; Introduction to Trade Secret Law; Secrecy; Value.

Side 2: Breach of Confidential Relationship; Improper Means of Acquisition; Remedies; Non-Competition Agreements; Introduction to Patent Law; Subject Matter; Biotechnology; Computer Programs; Methods of Doing Business; Utility; Novelty; Public Use Bar.

Side 1: Public Use Bar (cont.); On Sale Bar; Experimental Use; Abandonment; Delayed U.S. Filing; Prior Invention; Priority; Interferences; Conception; Reduction to Practice; Diligence; Corroboration; Patent Award to the Second Inventor.

Side 2: Derivation; Anticipation; Inherency; Nonobviousness; Analogous Arts; The Graham Factors; The Secondary Considerations.

Side 1: Enablement; Written Description; Best Mode; The Claims; Prosecution; Inventorship; PTO Procedures; Continuing Applications; Foreign Priority; Patent Term; Reissue; Reexamination; Patent Enforcement; Literal Infringement; Doctrine of Equivalents.

Side 2: Doctrine of Equivalents (cont.); The All Elements Rule; Prosecution History Estoppel; Prior Art Limitations; Indirect Infringement; Defenses; Inequitable Conduct; Laches; Estoppel; Shop Rights; Reverse Doctrine of Equivalents; Remedies; Reasonable Royalties; Lost Profits; Marking; Design Patents; Plant Patents; Closing Thoughts on Patent Laws; Preemption; Closing Thoughts on Intellectual Property.

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INTENSIVE EXAM WRITING (ESSAY) SEMINAR with workbook

Tape 1

Side 1: Introduction; Rules and Elements; How to Read Cases; The Basics; More on Cases: The Importance of Facts; More on Cases: The Rule in Light of the Facts.

Side 2: More on Cases: The Rule in Light of the Facts (cont.); Case Briefing: What to Do And What Not to Do; Preparing a Course Outline.

Side 1: Preparing a Course Outline (cont.); "I Don't Understand What My Professor Is Doing In Class"; The Law School Trap; Law School Essay Exams: An Overview; Reading a Law School Essay Examination Question; Categorizing the Issues.

Side 2: Categorizing the Issues (cont.)

Side 1: Preparing a "Scratch" Outline; Essay Writing: an Overview of the "IRAC" (and "IRRAC") Method; Using IRRAC to Answer a Simple Analysis Issue.

Side 2: Using IRRAC to Answer a Simple Analysis Issue (cont.)

Side 1: Using IRRAC to Answer a Complex Analysis Issue; Using IRRAC to Answer a Rule/Counter-Rule Issue; Using IRRAC to Answer a Combination Issue.

Side 2: Using IRRAC to Answer a Combination Issue (cont.); Answering a "Non-Issue" Issue; Sample Exams; Making Assumptions; Final Thoughts and Maxims for Success.

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INTERVIEWING WITH LAW FIRMS

Tape 1

Side 1: Introduction; The Resume; Preparing For the Interview; The Interview Process.

Side 2: The Interview Process (cont.); The Substance of the Interview; Writing Samples; Conclusion.

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JURISPRUDENCE

Tape 1

Side 1: Introduction; What is Jurisprudence?; Why Should Jurisprudence Be Studies? Examples of "Hard Cases" in Law and Legal Theory...

Side 2: The Oldest Theory: Natural Law; Classical Greek and Roman Natural Law; Medieval Natural Law; The Influence of Morality on Law.

Side 1: The Evolution of Natural in the Enlightenment; the Discovery of Legal "Values"; The Farmers' Use of Natural in the Constitution.

Side 2: Classical Positivism-Law as Authority; Analytic Positivism-Case Analysis.

Side 1: Rhetoric; Computer in Law; Historical Approaches to Law.

Side 2: The Impact of American Realism; Focus on Judicial Behavior.

Side 1: Sociological Jurisprudence; Economic Analysis of Law; Critical Legal Studies.

Side 2:Synthesis of Material; Hart-Devlin Debate; Dworkin-Hart Debate; Thomas Aquinas; Conclusion.

Side 1: Supplement: Critical race Theory; Feminist Jurisprudence; Law and Literature Approaches; Bioethics and the Law; A Second Look at Economic Analysis; Exam and Term Paper Writing Techniques.

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LAND USE

Tape 1

Side 1: Introduction; Study Hints; Land Use Reg. Power.

Side 2: Zoning Principles and Procedures.

Side 1: Subdivision Regulation; State and Local; Comprehensive Planning; Growth Management.

Side 2: Growth Management (cont.); Infrastructure Finance; Constitutional Issues.

MOOT COURT SUCCESS

Tape 1

Side 1: Demonstration Argument: Introduction to Moot Court; Preparing Mentally; Mastering the Record; Researching the Issues; Writing the Brief

Side 2: Writing the Brief (cont.); Defocusing and Refocusing; Rehearsing the Oral Argument; The Art of Persuasion; Oral Argument Components.

Side 1: Rehearsing the Oral Argument (cont.); Executing the Oral Argument.

Side 2: Executing the Oral Argument (cont.); Handling Questions; Dealing with Judges and Justices; Evaluating and Rewarding; Summary and Conclusion.

Side 1: More Demonstration Arguments.

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Side 1: Uniform Partnership Act; Definitions; Relationships of Partners; Duties and Authority; Formal and Informal Accounting; Equitable Remedies.

Side 2: Assignability of Interests; Dealing With Third Parties; Contract and Tort Liability; Agency Aspects; Tenancies and Tort Liability; Agency Aspects; Tenancies in Partnerships.

Side 1: Tenancies in Partnership (cont.); Problems With Real Estate; Title; Dissolution of the Partnership; Continuation of the Business.

Side 2: Continuation of the Business (cont.); Rights of Withdrawing/Retiring; Deceased Partners; Winding-Up; Order of Pay-Off; Credit Priorities Under the U.P.A..

Side 1: Uniform Limited Partnership Act of 1916; Rights and Liabilities of Limited Partners; Revised U.L.P.A. of 1916; Limited Liability Companies.

Side 2: Addendum: Limited Liability Companies (cont.); Limited Liability; Limited Partnerships; Limited Partnership Association; Revised Uniform Partnership Act of 1994.

Side 1: Revised Uniform Partnership Act of 1994(cont.); Transfers of Interest; Dissociation of Partnership; Dissolution of Partnership.

Side 2: Dissolution of Partnership (cont.); Definitions; Conversion; Merger.

PRODUCT LIABILITY

Tape 1

Side 1: Introduction: Foundations of Issues; Bases of Liability; Intentional Tort: Battery; Intentional Infliction of Emotional Distress; Negligence; Duty of Reasonable Care; Breach; Res Ipsa Loquitur; Violation of Statute.

Side 2: Violation of Statute (cont.); Breach of Warranty: Express Warranty Implied Warranty of Merchantability; Fitness for Buyers Particular Purpose; Misrepresentation.

Side 1: Misrepresentation (cont.); Common Law Misrepresentation; Restatement (2nd) of Torts 402 B; Strict Product Liability.

Side 2: Strict Product Liability (cont.); Proximate Cause: Factual Cause; Legal Cause; Intervening Causes; Damage; Affirmative Defenses: Plaintiff's Negligence; Assumption of the Risk; Vicarious Liability; Respondeat Superior; Joint Enterprise; Examination Approaches.

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PROFESSIONAL RESPONSIBILITY

Tape 1

Side 1: MPRE Exam; Lawyer-Client Relationship-Formation/Withdrawal.

Side 2: Decision Making/Vicarious Responsibility; Competency/Malpractice.

Side 1: Zealous Advocacy-Abuse of Process, Lying and Deceit, Candor.

Side 2: Zealous Advocacy-Improper Influence, Disruptive Conduct; Confidentiality.

Side 1: Confidentiality (cont.); Conflicts of Interest.

Side 2: Conflicts of Interest (cont.); Fees and Business.

Side 1: Acquisition of Clients-Advertising; Solicitation.

Side 2: Code of Judicial Conduct.

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REAL PROPERTY

Tape 1

Side 1: Introduction Study Techniques; Exam Taking Hints; Fragmentation of Ownership; Tenure.

Side 2: Tenure (cont.); Estates in Land: Fee Simple; Fee Tail; Life Estate.

Side 1: Estates in Land (cont.) Defeasible Estates; Future Interests; Reversions; Possibilities of Reverter; Rights of Re-entry.

Side 2: Future Interests (cont.); Vested and Contingent Remainders; Executory Interests.

Side 1: Future Interest Doctrines and Rules: Doctrine of Destructibility of Contingent Remainders, Merger, Rule in Shelleys Case; Doctrine of Worthier Title; Rule Against Perpetuities.

Side 2: Rule Against Perpetuities (cont.); Restraints on Alienation; Personal Property Estates and Future Interest; Concurrent Estates.

Side 1: Accountability of Co-Tenants; Marital Property Interests; Trivia Questions; Landlord and Tenant: Non Free Hold Estates; Leases.

Side 2: Landlord and Tenant; Leases (cont.); Sublease and Assignment; Contract Principle; Waste; Fixture; Trivia Answers.

Side 1: Acquisition of Title; Adverse Possession; Prescription; Broker Listing Agreements; Land Sales Contracts; Statutes of Frauds; Implied Provisions; Risk of Loss (Equitable Conversion).

Side 2: Land Sales Contracts (cont.); Marketable Title; Type of Deed; Merger by Deed; Duty to Disclose; Implied Warranty of Marketability; Deeds; Formalities; Delivery; Covenants of Title.

Side 1: Deeds-Covenants of Title (cont.); The Recording System; Recovering Acts; Priorities; Chain of Title.

Side 2: Recording Acts-Chain of Title (cont.); Recording System Reforms; Curative Acts of Title Standards; Marketable Title Acts; Nonpossessory Controls; Easements and Profits; Licenses; Real Covenants; Equitable Servitude.

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SALE AND LEASE OF GOODS

Tape 1

Side 1: Scope of U.C.C.; Article 2 (sales); Article 2A (leases); U.N. Treaty on the Sale of Goods; Offer and Acceptance.

Side 2: Warranties.

Side 1: Magnusson-Moss Warranty Act; Warranties for Leases and International Transactions; Terms of the Contract; Unconscionability; Identification; Risk of Loss (no Breach); Perfect Tender Rule.

Side 2: Cure; Acceptance; Rejection; Revocation Acceptance; Risk of Loss (Breach); Impossibility.

Side 1: Impossibility (cont.); Remedies; Anticipatory Repudiation.

Side 2: Anticipatory Repudiation (cont.); Remedies in Leases and International Transactions; Statute of Limitations; Letters of Credit.

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SECURED TRANSACTIONS

Tape 1

Side 1: Basic Concepts and Definitions.

Side 2: Types of Collateral; Understanding Article 9.

Side 1: Pitfalls and Traps; The Mechanics of Perfection; Priorities.

Side 2: More on Priorities; Default Options; Scope of Article 9.

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SPORTS LAW

Tape 1

Side 1: Introduction to Sports Law Structure of Sports in the U.S.; Amateurism; Private Associations; The NCAA; State Action; Constitutional Issues; Analysis of Constitutional Questions.

Side 2: Title IX and Gender Discrimination in Amateur Athletics; Antitrust Law and Amateur Athletics (Sherman Act 1).

Side 1: Structure of Professional Sports; Labor Law Applied to Team Sports; The Antitrust Labor Exemption; Brown v. NFL; Team Issues; Sale and Relocation.

Side 2: Monopolies; (Sherman Act & 2); USFL v. NFL; Commissioners; Athlete Representation; Contract Terms and Causes; Torts and Sports; Medical Malpractice and Team Doctors.

Side 1: Product Liability; Defamation; Privacy Issues; False Light; Contract Interference; Anti-Tampering; Criminal Liability; Drug Testing; Conclusion.

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THE TEN COMMANDMENTS FOR LAW SCHOOL SUCCESS

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TORTS

Tape 1

Side 1: Introduction; Issue Foundation; International Torts Against the Person: Battery, Assault, False Imprisonment.

Side 2: False Imprisonment (cont.); Intentional Infliction of Emotional Distress, Affirmative Defenses; Trespass to Land; Trespass to Chattel; Conversion.

Side 1: Conversion (cont.), Affirmative Defenses: Public/Private Necessity; Consent; Negligence

Side 2: Negligence (cont.): Breach; Proximate Cause

Side 1: Proximate Cause (cont.); Joint Tortfeasors; Damages: Nominal, Punitive, Compensatory; Surviving Personal Injury Actions; Wrongful Death; Wrongful Birth/Life.

Side 2: Strict Liability; Affirmative Defenses to Negligence and Strict Liability; Vicarious Liability; Interference with Economic Advantage.

Side 1: Nuisance; Misuse of Judicial Process; Products Liability; Negligence, Warranty.

Side 2: Products Liability (cont.); Defamation; Invasions of Privacy.

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TRUSTS

Tape 1

Side 1: Introduction and Trust Uses; Trust Intent; Separation of Legal and Equitable Title; Trusts vs. Other Legal Relationships.

Side 2: Express Trust Creation; Consideration; Statute of Frauds; Rule Against Perpetuities; Trust Purposes, The Settlor, Trust Property, The Trustee, the Beneficiary.

Side 1: The beneficiary (cont.); Spendthrift, Discretionary, Support and Charitable Trusts.

Side 2: Pour Over Wills; Life Insurance Trusts; Trust Administration: Standard of Care, Investments, Trustee Powers, Trust Distributions.

Side 1: Delegation of Duties; Duty of Loyalty; Contract and Tort Liability of Trustee; Principal and Income; Accounting; Trustee Compensation; Court Modification of Trusts.

Side 2: Modification and Termination of Trusts; Trust Enforcement; Remedies: Against Trustee, Involving Trust Property, Against 3rd Parties, Enforcing Charitable Trusts, Barring of Remedies; Trust Accounts, Resulting and Constructive Trusts.

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WILLS AND SUCCESSION

Tape 1

Side 1: Introduction and Overview; Interstate Succession.

Side 2: Interstate Succession (cont.).

Side 1: Wills Introduction; Will-Execution.

Side 2: Will Execution (cont.); Changing Conditions After Will Execution.

Side 1: Changing Conditions After Will Execution (cont.); Will Revocation.

Side 2: Will Revocation (cont.); Will Interpretation and Construction; Will Drafting; Survival; Will Contests.

Side 1: Will Contests (cont.); Undue Influence; Duress; Fraud; Mistake; Remedies; Preventing Will Contests.

Side 2: Estate Administration; Probate Avoidance.

Side 1: Probate Avoidance (cont.); Disability Planning; Death Planning; Estate and Gift Tax Overview.

Side 2: Estate and Gift Tax Overview (cont.); The Estate Plan-Putting It All Together; Examination Advice.

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WINNING AT MOOT COURT

Tape 1

Side 1: Introduction; Preparing Mentally; Mastering the Record; Researching the Issues.

Side 2: Rehearing the Oral Argument (cont.); Executing the Oral Argument.

Side 1: Rehearsing the Oral Argument (cont.); Executing the Oral Argument.

Side 2: Executing the Oral Argument (cont.); Evaluating and Rewarding; Conclusion.

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