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Charles B. Sears Law Library SUNY Buffalo Law School

Sum & Substance Law School Audio CD Series

Sum & Substance CDs circulate for seven days on a first-come-first-served basis.If you have any questions please consult the Koren AV Center located on the 5th floor of the Law Library at 645-2045

PDF file that can be printed out and/or saved.

BANKRUPTCY

David Epstein and Steve Nickles. 2006. 10 copies
Law Koren KF 1524 .E673 2006
6.75 hours, quick reference indexing

Disc 1:

Basic Overview of State Debtor-Creditor Law
Introductory Comments to Students
First Question: What is Bankruptcy?

Disc 2:

First Question: What is Bankruptcy? (continued)
Second Question: Where Do Lawyers Do Bankruptcy Law?
Third Question: How Does an Individual Bankruptcy Case Begin?

Disc 3:

Fourth Question: How Does a Business Bankruptcy Case Begin?
Fifth Question: What are the Immediate Legal Consequences of a Bankruptcy Filing?
Sixth Question: What Happens During a Chapter 7 Case?

Disc 4:

Seventh Question: What Happens During a Chapter 13 Case?
Eighth Question: What Happens During a Chapter 11 Case?

Disc 5:

Ninth Question: What Does a Law Student Need to Know About Fraudulent Transfers and Obligations?
Tenth Question: What Does a Law Student Need to Know About Preferences?

Disc 6:

Tenth Question: What Does a Law Student Need to Know About Preferences? (continued)
Eleventh Question: What Does a Law Student Need to Know About Possible Bankruptcy Treatment of Leases and Other Executory Contracts?

Return To Table of Contents

CIVIL PROCEDURE

Arthur R. Miller. 2010. 9 copies
Law Koren KF 8840 .M55 2010
11.25 hours, quick reference indexing

Disc 1:

Introduction
The Clusters of Procedure
An Outline of the Jurisdiction Cluster
Federal Question Jurisdiction
Diversity of Citizenship
Complete Diversity

Disc 2:

Complete Diversity (continued)
Amount in Controversy
Aggregation
Supplemental Jurisdiction
Personal Jurisdiction
Traditional Bases of Jurisdiction
Long Arm Statutes

Disc 3:

Constitutional Principles
Illustrative Applications
Jurisdiction Based on Property

Disc 4:

Territoriality
Federal Court Jurisdiction
Notice and Opportunity to be heard
Service of Process
Venue Principles
Transfer of Venue
Forum Non Conveniens
Removal
Waiver of Defenses

Disc 5:

The Erie Doctrine
Inverse Erie
Pleading-Overview and Particularity of
Special Pleading Rules
Amendment of Pleadings
Relation Back of Pleading

Disc 6:

Relation Back of Pleadings (continued)
Sanctions
Joinder-Overview
Joinder of Claims
Permissive Joinder of Parties
Compulsory Joinder of Parties
Counterclaims
Cross Claims
Third Party Claims
Class Actions

Disc 7:

Class Actions (continued)
Interpleader Intervention
Discovery-Overview
Scope of Discovery
Discovery Devices
Hickman v. Taylor
1993 Amendments

Disc 8:

Summary Judgment
Trial-Overview
Jury Trial
Beacon Theaters
Curtis v. Loether
Post Trial Motions – Overview
New Trial Motions
Partial New Motions
Conditional New Trial
Bifurcation

Disc 9:

Directed Verdict Motions
Motions for JNOV
Appeals – Appealability and Scope of Review
Former Adjudication – Overview
Res Judicata
Collateral Estoppel
Who is Bound by Former Adjudication

Return To Table of Contents | See Gilbert's Version

COMMERCIAL PAPER & PAYMENT LAW

Douglas Whaley. 2008. 6 copies
Law Koren KF 957 .W43 2008
6 hours, quick reference indexing

Disc 1: Negotiability
Negotiation
Holders in Due Course – Definition
Shelter Rule

Disc 2:

Real and Personal Defenses
Jus tertii
Liability on the Instrument – The Underlying Obligation
Obligations of the Maker
Indorser
Surety
Drawer and Drawee
Personal Liability of Agents
Bank Accounts

Disc 3: Properly Payable Rule
Wrongful Dishonor
Stopping Payment
Stale Checks
Death of Customer
Bank Statement Examination
Setoff Against Account
Bank Collection – Availability of Deposits
Final Payment
Chargeback
Delays
Wrongdoing and Error

Disc 4: Forgery of Payee's Name
Conversion
Forgery of the Drawer's Name
Alterations
Validation of the Wrongdoing
Impostor Rule
Employer Responsibility for Employees
Negligence
Ratification
Double Forgeries
Electronic Banking – Wire Transfers and Article 4-A
Consumer Credit and Debit Cards

Disc 5:

Review Lecture

Return To Table of Contents | See Gilbert's Version

COMMUNITY PROPERTY

Gail Boreman Bird. 1998. 1 copy
Law Koren KF 526 .B57 1998
5 Hours, quick reference indexing

Disc 1:

Introduction
Definitions
Basic Principles
Classification Process
Joint Tenancy
Selected Classification Problems
Commingled Funds

Disc 2:

Commingled Funds (continued)
Business Profits
Loans and Credit Acquisitions
Installment Acquisitions
Improvements
Employment Related Benefits

Disc 3:

Personal Injury Damages
Review of Classification
Limitations on Classification
Quasi-Community Property
Management and Control Restrictions
Remedies for Violation

Disc 4:

Creditors' Rights
Division and Distribution of Community Property at Dissolution
Death of a Spouse
Testamentary Rights
Intestate Succession
Examination Question Analysis

Return To Table of Contents

CONFLICT OF LAWS

Thomas Fischer. 2007. 6 copies
Law Koren KF 411 .F57 2007
4.7 Hours, quick reference indexing

Disc 1:

History of Conflict
Domicile
Jurisdiction
In Personam
In Rem, Quasi In Rem
Notice
Forum Non Conveniens
Party Choice
Foreign Causes of Action

Disc 2:

Three Choice Methodologies
Vested Rights Choice/Tort and Contract
"Escape Devices"
Most Significant Relationship/Tort
Governmental Interest Analysis/Tort
Choice of Laws/Contract
Statutes of Frauds
Usury

Disc 3:

Worker's Compensation Awards
Property
Trusts
Succession
Wills and Estates
Agency
Partnerships
Corporations
Domestic Relations Law
Recognition of Judgments/Foreign/Comity/Domestic/Full Faith and Credit
Modifiable Judgments

Disc 4:

Review of Judgments
Defenses to Recognition and Enforcement
Federal/State (Erie) Problems
Constitutional Limits on Choice of Law
International Conflicts

Disc 5:

Synopsis Disk

Disc 6:

Handout Disk

Return To Table of Contents | See Gilbert's Version

CONSTITUTIONAL LAW

Mary Cheh. 2008. 10 copies
Law Koren KF 4550 .C42 2008
12.25 Hours, quick reference indexing

Disc 1:

Powers of the Federal Courts
Article III
Congressional Control of Jurisdiction
The Exceptions of Power
Cases and Controversies
The Doctrine of Standing

Disc 2:

Ripeness and Mootness
Political Questions
Advisory Opinions and Abstract Questions
Rules of Self Restraint

Disc 3:

Executive Powers
Non-Delegation Doctrine
Legislative Veto
Power of Appointment and Removal
Power to Pardon
Commander in Chief Powers
Foreign Affairs Powers
Executive Privileges and Immunities

Disc 4:

Powers of Congress
The Necessary and Proper Clause
The Commerce Power
Federalism: Limits on Commerce Power, Relationship of States to National Government
Spending Power and the Power to Tax
Power of Congress to Enforce Fourteenth Amendment

Disc 5:

States, Federalism and Constitutional Limits on State Powers
Express Limits on State Powers
Supremacy of Federal Law
The Negative Commerce Clause
The Market Participation Doctrine
Individual Liberties: The State Action Doctrine

Disc 6:

Individual Liberties: the State Action Doctrine (cont'd)
The 14th Amendment Privileges and Immunities of National Citizenship
The 2nd Amendment and the Right to Bear Arms
Due Process of Law, The Incorporation Debate
Substantive Due Process: Economic and Personal Rights

Disc 7:

Procedural Due Process
Equal Protection of the Law
The Purpose to Discriminate Requirement
The Rational Basis Test

Disc 8:

Why Deferential Review for Economic and Social Discrimination
Strict and Intermediate Scrutiny
Strict Scrutiny and Racial Discrimination
Affirmative Action
Other Classifications of Discrimination
Disc. based on Alienage
Gender Disc.
Dis. based on Illegitimacy

Disc 9:

Fundamental Rights, Equal Protection
Freedom of Expression
Vagueness, Overbreadth and Prior Restraint
Content Control of Speech
Time, Place and Manner Controls
Special Categories of Content
Incitement, Fighting Words, Obscenity

Disc 10:

Defamatory Speech
Commercial Speech
Public Forums
Special Populations: Government Employees, Students in School
1st Amendment and the Religion Clause

Return To Table of Contents | See Gilbert's Version

CONTRACTS

Douglas Whaley. 2007. 16 copies
Law Koren KF 801 .W49 2007
5.5 Hours, quick reference indexing

Disc 1:

Offer and Acceptance

Disc 2:

Consideration

Disc 3:

Statute of Frauds
Parol Evidence Rule

Disc 4:

Mistake
Fraud
Duress and Undue Influence
Illegality
Incapacity
Unconscionability
Impossibility

Disc 5:

Conditions and Promises
Anticipatory Repudiation
3rd Party Beneficiaries

Disc 6:

Assignments
Remedies

Disc 7:

Synopsis Disk

Return To Table of Contents | See Gilbert's Version

CORPORATIONS

James D. Cox. 2008. 10 copies
Law Koren KF 1414 .C692 2008
8.3 Hours, quick reference indexing

Disc 1:

Types, Characteristics of Business Organizations
Formation
Articles of Incorporation: Content and Filing
Defective Formation
Pre-Incorporation Contracts
Piercing Corporate Veil
"Deep Rock" Doctrine
Corporate Governance

Disc 2:

Board of Directors Procedures
Shareholder Powers
Authority of Officers
Why Delaware?
Close Corporations
Unique Characteristics
Super Quorum and Voting Provisions
Voting Arrangements
Modern Close Corporation Enabling Status
Share Transfer Restrictions

Disc 3:

Share Transfer Restrictions
Dissolution
Unique Fiduciary Duties in Close Corporations
Proxy Voting
State Law
Federal Law – Section 14(a)
Reimbursement of Proxy Expenses
Purpose of the Corporation
Shareholder Primacy
Charitable Giving
Other Constituency
Duty: Creditors?, Care

Disc 4:

Attentiveness
Rational Basis
Reasonable Investigation
Compliance Systems
Criminal Violations
Immunity Shield
Duty of Loyalty
Bad Faith
Conflicts of Interest/Self Dealing
Usurpation of Corporate Opportunity
Controlling Stockholder
Control Defined
Exercise of Influence
Sale of Control
Sale of Corporate Office
Derivative Suit Procedures
Direct vs. Corporate Cause of Action
Standing

Disc 5:

Demand Requirement
Special Litigation Committee
Recovery
Section 10(b) and Rule 10B-5: Antifraud Provision
Insider Trading
State Law
Antifraud Provisions
Short-Swing Profits under Section 16(b)
Issuance of Shares
Authorized Stock
Eligible Consideration
Quantity of Consideration/Par Value
Preemptive Right

Disc 6:

Dividends and Share Purchases
Surplus and Solvency Tests
Model Business Corporation Act Scheme
Repurchase of Shares
Nimble Dividends
Acquisition Procedures
Sale of Assets
Merger
Appraisal Remedy
Tender Offer-Williams Act Amendments
Freeze-Out Mergers
Defensive Maneuvers
Unocal Doctrine
"Revlon Moment"
Blasius Holding

Disc 7:

Overview Segment

Return To Table of Contents | See Gilbert's Version

CRIMINAL LAW

Joshua Dressler. 2010. 10 copies
Law Koren KF 9219 .D738 2010
7.9 Hours, quick reference indexing

Disc 1:

Introduction to Criminal Law
Theories of Punishment
Legality
Elements of a Crime
Voluntary Act or Omission
Social Harm
Mens Rea and Strict Liability

Disc 2:

Mens Rea and Strict Liability (continued)

Disc 3:

Causation
Defense to Crime – Self Defense
Defense of Third Parties
Defense of Property
Law Enforcement

Disc 4:

Necessity
Duress
Intoxication
Insanity
Diminished Capacity
Criminal Homicide – General Definitions

Disc 5:

Murder
Manslaughter

Disc 6:

Rape – Actus Reus: Force and Resistence
Mens Rea: Mistake of Fact
Theft Crimes – Larceny
Embezzlement
False Pretenses
Inchoate Offenses – Criminal Attempt

Disc 7:

Inchoate Offenses – Criminal Attempt (continued)
Solicitation§
Conspiracy
Complicity

Return To Table of Contents | See Gilbert's Version

CRIMINAL PROCEDURE

Joshua Dressler. 2010. 8 copies
Law Koren KF 9619 D73 2010
8 hours, quick reference indexing

Disc 1:

Retroactivity Doctrine
Harmless Error Doctrine
Incorporation Doctrine
4th Amendment Overview
Text Explained
"Persons, Houses, Papers, Effects"
"Search"

Disc 2:

"Search" (continued)
Seizure of Property
Probable Cause
Search Warrants and their Executions

Disc 3:

Arrest Warrants
Search Warrant Exceptions: Exigent Circumstances, Search Incident to Lawful Arrest, Cars and Containers Therein, Inventory Searches, Plain View

Disc 4:

Search Warrant Exception (continued): Consent, Terry v. Ohio Doctrine

Disc 5:

Search Warrant Exception (continued): Special Needs
4th Amendment Standing
4th Amendment Exclusionary Rule
Entrapment

Disc 6:

Police Interrogations: Due Process Clause, Miranda v. Arizona
"Custodial Interrogation"
Waiver
Exception to Miranda

Disc 7:

Police Interrogations (continued): 6th Amendment Right to Counsel
Pre – Trial Identification Procedures
Right to Counsel at Trial

Return To Table of Contents | See Gilbert's Version

ENTERTAINMENT LAW

Sherri Burr. 2008. 6 copies
Law Koren KF 4290 .B87 2008
6.5 Hours, quick reference indexing

Disc 1:

Intellectual Property Law
The Law of Ideas
Copyright History, Requirements, Notice, Registration, Deposit, Ownership
Moral Rights
Bundle of Economic Rights
Copyright Infringement

Disc 2:

Infringements: Film, TV, Music, Publishing, Game
Global Piracy
Fair Use
Copyright Remedies
Trademarks
Merchandising: Film, Television, Music

Disc 3:

Patent Law
Trade Secrets
Credits and Compensation
Credits Introductory Remarks
Credits: Film, Television, Music
Compensation Introductory Remarks
Film and Television Compensation
Gross v. Net Compensation

Disc 4:

Pay or Play Provisions
Music Compensation
Contracts Intro. Remarks
Film contracts
Insurance Contracts
Actor Contracts
Writer Contracts
Director Contracts
Television Contracts
Music Contracts
Bank Partnership Agreements
Band-Agent Agreements
Band-Management Agreements
Publishing Contracts
Manuscript Clause
Copyright Issues in Publishing Contracts
Royalty Provisions
Accounting Provisions
Warranties
Expenses
Permissions and Fair Use
Assignment
Print on Demand and Internet Sales

Disc 5:

Representation Intro. Remarks
Agents
Managers
Lawyers
Unions Intro. Remarks
Screen Actors Guild
Writers Guild of America
Producers Guild
IATSE
American Federation of Musicians
AFTRA and Actors' Equity Association

Disc 6:

Censorship
Film Censorship
Television Ratings
FCC
Indecency Regulations
Music Ratings and Violence
Internet Ratings
Game Ratings
Closing Remarks

Return To Table of Contents

EVIDENCE

Steven J. Goode. 2008. 9 copies
Law Koren KF 8935 .G66 2008
8.8 hours, quick reference indexing

Disc 1:

What is the Law of Evidence
Basic Areas of Evidence Law
Role of Lawyer
Jury and Judge Objections
Timeliness and Specificity Requirements
Motions in Limine
Preserving Error for Appeal
Origin of the Federal Rules of Evidence
Relevancy
Definition of Relevancy
Direct and Circumstantial Evidence
Conditional Relevancy
Discretionary Exclusion
Reasons for Excluding Relevant Evidence
Legal vs. Logical Relevancy
Similar Happening Evidence
Statistical Evidence
Photographs, Reenactments and Demonstrations
Standard of Care

Disc 2:

Subsequent Remedial Measures
Offers to Compromise and Compromises
Offers to Pay Medical Expenses
Liability Insurance
Character Evidence
Character: An Essential Element of Claim or Defense
Character: To Prove Conforming Conduct
Other Crimes Evidence
Motive

Disc 3:

Identity
Absence of Mistake or Accident
Intent
Common Plan or Scheme
Opportunity
Preparation
Procedural Issues
Habit
Hearsay Defined

Disc 4:

Hearsay Exceptions
Mnemonic
Admission By Party Opponent
Declaration Against Interest
Dying Declarations
Former Testimony
Forfeiture
Definition of Unavailability
Excited Utterance
Present Sense Impression
State of Mind
Statements for Medical Diagnosis or Treatment

Disc 5:

Business Records
Public Records
Learned Treatises
Identification
Residual
Confrontation Clause
Witness
Competency
Direct and Cross Examination
Impeachment

Disc 6:

Rehabilitation
Prior Consistent Statements
Opinion and Expert Testimony
Lay Opinions
Expert Witness
Ultimate Issue Rule

Disc 7:

Authentication
Best Evidence Rule
Privileges
Elements of Communication Privileges
Attorney-Client Privilege

Disc 8:

Doctor-Patient and Psychotherapist Patient Privilege
Privilege for the Clergy
Marital Communication Privilege
Marital Testimony Privilege
Judicial Notice
Presumptions

Return To Table of Contents | See Gilbert's Version

FAMILY LAW

Marc G. Perlin. 2006. 10 copies
Law Koren KF 505 .P47
4.2 hours, quick reference indexing

Disc 1:

National Scope of Family Law
Coverage of Recording
Marital Relationship
Consequences of Marriage
Formalities
Covenant Marriage
Marriage Ceremony
Common Law Marriage
Proxy Marriage
Impediments
Same-Sex Marriage
Marriage and Conflict of Laws
Civil Unions and Domestic Partnerships
Non-Marital Relationships
Law of Names
Marital Breakdown
Void and Voidable Marriages
Annulment and Defenses

Disc 2:

Divorce: Fault and No-Fault
Divorce Defenses
Separation
Jurisdiction for Divorce
Migratory Divorce/Full Faith and Credit
Divorce Procedure
Foreign Country Divorces
Economic Aspects of Marital Breakdown
Temporary Orders
Property Division
Community Property Principles
Equitable Distribution
Marital and Separate Property
Types of Property Interests

Disc 3:

Equitable Reimbursement
Alimony
Modification and Termination of Alimony
Child Support
Health Insurance
Modification of Child Support
Enforcement of Orders
Antenuptial Agreements
Postnuptial Agreements
Separation and Settlement Agreements
Custody Jurisdiction

Disc 4:

Custody Awards
Shared Custody
Custody to Third Persons
Modification of Custody
Removal from the State
Visitation Rights
Termination of Parental Rights
Adoption
Children Born Outside of Marriage
Paternity Actions
Law School Exam Hints: Hypothetical Q & A

Return To Table of Contents | See Gilbert's Version

FEDERAL INCOME TAX

Frank J. Doti. 2004. 6 copies
Law Koren KF 6369 D68 2004 (4)
5.2 hours, quick reference indexing

Disc 1:

Administrative Appeals
Audit Process
30/90 Day Letter
US Tax Court Petition
Statute of Limitations
Tax Formula: What is taxable income?
Gross Income
Commissioner v. Glenshaw Glass
Sources of Income
Cesarini v. US
...Realization
Old Colony v. Commissioner
Form of Receipt
Exclusions
Gifts/Inheritances
Commissioner v. Duberstein
Wolder v. Commissioner

Disc 2:

Personal Injury Award
1997 Amendments
Roemer v. Commissioner
US v. Burke & Commissioner v. Schleier
Punitive Damages
Hypothetical Exam Tips
Tax Basis Rules
Amount Realized
Adjusted Basis
Purchase = Cost
Exchange = Fair Market Value
Gift = Donor's Basis
Inheritance = Fair Market Value
Co-Ownership Property
Divorce Tax Rules
Property Settlements / US v. Davis
Code § 1041

Disc 3:

Alimony
Child Support
Assignment of Income
Earnings / Lucas v. Earl
Property
Helvering v. Horst
Timing of assignment / Salvatore v. Commissioner
Tax Avoidance / Stranahan v. Commissioner
Kiddie Tax
Series EE Savings Bonds

Disc 4:

Trust and Guardianships
Business Deductions
"Ordinary and Necessary"
Expense v. Capital Outlay
Midland Empire Packing Co. v. Commissioner
Higgins v. Commissioner
Investment Deductions
Two-Prong Test for Deductions
Passive Losses
Trade or Business Activity
Material Participation
Exceptions: Real Estate Professional

Disc 5:

Rental Real Estate
Interest Deductions
Trade or Business
Consumer Debt
Qualified Residences
Passive Loss Activity
Investment Portfolio
Capital Gains and Losses
Computations
Code 1211 § Limitation
Tax-Deferred Sales / Exchanges
Like-Kind Exchange
Principal Residence Sale

Return To Table of Contents | See Gilbert's Version

FIRST AMENDMENT

Russell L. Weaver. 2006. 10 copies
Law Koren KF 4770 W43 2006
8.75 hours, quick reference indexing

Disc 1:

Freedom of Speech
Advocacy of Illegal Action
Content-Based Restrictions on Speech
The "Fighting Words" Doctrine
Defamation
Emotional Distress
Invasion of Privacy
Obscenity

Disc 2:

Offensive Speech
Child Pornography
Pornography as Discrimination Against Women
Commercial Speech
Hate Speech
Campaign Finance

Disc 3:

Overbreadth and Vagueness
The Prohibition Against Prior Restraints, Licensing
Injunctions
Content-Neutral Speech, Restrictions, Public Forum Doctrine
O'Brien and other Time, Place, and Manner Restrictions

Disc 4:

Technology and the 1st Amendment
The Press Clause
Does the Constitution Grant the Press a Preferred Position?
Access to Judicial Proceedings
The Press and Due Process
Prior Restraints
Freedom of Expression and Compelled Speech, The Right of Association

Disc 5:

Compelled Speech
Government as Employer, Educator, and Funder (rights of employees)
Student Free Speech Rights
Gov. Funding of Speech
The Religion Clauses
The Establishment Clause

Disc 6:

Financial Aid to Religion, Early Cases
The Lemon Test and Doctrinal Turmoil
Agostini & Mitchell
School Vouchers
School Prayer
Curricular Issues

Disc 7:

Official Acknowledgement
Establishment-Free Exercise and Free Speech Tensions
The Free Exercise Clause
Burdens on Religion, Early Cases
Sherbert, Yoder, and Heightened Review
Modern Cases (Smith and Lyng)
Discrimination Against Religion Return To Table of Contents

INTELLECTUAL PROPERTY

John R. Thomas. 2000. 1 copy
Law Koren KF 2979 T46 2000
7.5 hours, quick reference indexing

Disc 1:

The Pedagogy of Intellectual Property
Unfair Competition
Misappropriation
Passing Off
Intro. to Trademark Law
Types of Trademarks
Distinctiveness
Secondary Meaning
Marks Precluded from Registration
Geographic Terms
Immoral or Scandalous Marks
Prior Use Marks
Product or Container Shapes
Aesthetic Functionality
Colors
Trade Dresses
Ownership
Use Under the Common Law

Disc 2:

Use Under the Common Law cont'd
Lanham Act Registration
Common Law Trademark Rights
National Expression Doctrine
Rights Under the Lanham Act
Incontestability
Infringement
Likelihood of Confusion
The Polaroid Factors
Fair Use
Parodies
Comparative Advertising
Reconditioned Goods
Abandonment
Remedies
Grey Market Goods

Disc 3:

Dilution
Closing Thoughts on Trademark Laws
The Right to Publicity
Protections of Submitted Ideas
Copyright
Originality
Fixation
Ideas, Processes and Procedures
Categories of Authorship
Pictorial, Graphic and Sculptural Works
Separability
Sound Recording
Architectural Works
Compilations
Derivative Works
Copyright Formalities
Publication
Notice
Deposit
Registration
Ownership
Joint Works
Works Made for Hire
Transfer of Copyrights
Compulsory Licenses

Disc 4:

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
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

Disc 5:

Trade Secret Law
Secrecy
Value
Breach of Confidential Relationship
Improper Means of Acquisition
Remedies
Non-Competition Agreements
Patent Law
Subject Matter
Biotechnology
Computer Programs
Methods of Doing Business
Utility
Novelty
Public Use Bar
On Sale Bar
Experimental Use
Abandonment
Delayed US Filing
Prior Invention

Disc 6:

Priority
Interferences
Conception
Reduction of Practice
Diligence
Corroboration
Patent Award to the Second Inventor
Derivation
Anticipation
Inherency
Nonobviousness
Analogous Arts
The Graham Factor
The Secondary Consideration
Enablement
Written Description
Best Mode
The Claims

Disc 7:

Prosecution
Inventorship
PTO Procedures
Continuing Applications
Foreign Property
Patent Term
Reissue
Reexamination
Patent Enforcement
Literal Infringement
Doctrine of Equivalents
The All Elements Rule
Prosecution History
Estoppel
Prior Art Limitations
Indirect Infringement Defenses
Inequitable Conduct
Laches
Shop Right
Reverse Doctrine of Equivalents
Remedies
Reasonable Royalties
Lost Profits
Marking
Design Patents
Plant Patents
Preemption
Summation: Patent Law, Intellectual Property

Return To Table of Contents

INTERNATIONAL LAW

Sherri Burr. 2006. 4 copies
Law Koren KZ 3410 B87 2006
7.5 hours, quick reference indexing

Disc 1:

States – 4 Criteria
Variety of States
Acquisition of Territorial Sovereignty
State Succession
Recognition of States
Recognition of Governments
Sources of International Law – Treaty Law

Disc 2:

Customary Law
General Principles of Law
Jus Cogens Norms
Teachings of Publicists
Equity
Soft Law
International Organizations – The UN and its Specialized Organs
The General Assembly
The Security Council
UN Secretariat
The Economic and Social Council
The Trusteeship Council

Disc 3:

International Court of Justice
The UN System
Non-Governmental International Organizations
Intergovernmental Companies and Producer Associations
Individuals – Rights of Individuals
Nationality
International Legal Responsibility of Individuals
International Criminal Court
Extradition
Terrorists
Human Rights

Disc 4:

International Jurisdictions, Conflicts, and Immunities – ICJ Jurisdiction
State Jurisdiction
Jurisdiction Over Vessels and Objects
Conflicts of Law
Foreign Sovereign Immunity
Diplomatic and Consular Immunity
International Dispute Settlement – Peace as a Goal

Disc 5:

State Obligations – Negotiation, Enquiry and Mediation
Arbitration
Judicial Settlement
Satisfaction or Apologies
International Rights and Responsibilities
Attributing Acts of People to States
Breach of an International Obligation
State Responsibility
Requirement of an Injury
Circumstances Precluding a Finding of Wrongfulness

Disc 6:

Remedies
Use of Force and the Laws of War
Legal Definitions of Wars
Conduct of War Rules
Civil Wars
International Crises and the Role of the UN
Nuclear War
Closing Remarks

Return To Table of Contents

LEGAL CAREER MANAGEMENT: PREPARING FOR A JOB SEARCH & CAREER TRANSITION

Richard L. Hermann. 2008. 4 copies
Law Koren KF 297 .H47 2008
4.5 hours, quick reference indexing

Disc 1:

Thinking about your career and planning a job search
Introduction
Thinking about your career
Additional Questions You Need to Ask
The Career Planning Process
Further Education or Training?

Disc 2:

Overview of mainstream and law-related careers
Legal Job Market Demographics
Mainstream Legal Job Opportunities: Law Firms, In-House Counsel, Government
Legal Careers Outside the Mainstream
Who Moves out of the Mainstream and Why
Upside of an Alternative Legal Career
Downsides of an Alternative Legal Career
Where do you find law-related jobs?

Disc 3:

Preparing winning application documents – Part 1
Introduction
Resumes
How does an employer read a resume?
What does an employer want to see?
Other Key Resume Questions
Resume Components

Disc 4:

Preparing winning application documents – Part 1 (cont'd)
Resume Technical Questions and Considerations
Understanding the Hiring Process
Major Resume Taboos
Final Resume Tips

Disc 5: Preparing winning application documents – Part 2
Application Forms
Cover Letters
Reference Lists: Documenting and Managing Your References
Letters of Recommendation
Transcripts
Writing Samples

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LEGAL CAREER MANAGEMENT: LEGAL JOB INTERVIEWING & EFFECTIVE NETWORKING

Richard L. Hermann. 2008. 4 copies
Law Koren KF 297 .H472 2008
3.0 hours, quick reference indexing

Disc 1:

Effective legal interviewing – Part 1
What is the employer seeking?
Assumptions You Need to Avoid
Key Employer Interview Objectives
Kinds of Interviews
Preparing for the Interview
Researching the Employer
Researching the "Industry"
Researching the Interviewer(s)
Test Run to the Interview Site
Preparing for the Tough Questions

Disc 2:

Effective legal interviewing – Part 2
Questions you may want to ask
Questions you may not want to ask
Practice – Role Playing
What to bring with you to the interview
Presenting yourself at the interview
Establishing Rapport with the Interviewer(s)
Distinguishing Yourself from the Competition
Dealing with "off the wall" settings/interviewers/questions
Handling inappropriate questions
How to close the interview
Following-up: Best Practices
Handling Age Issues

Disc 3:

Networking without fear or embarrassment
What is networking?
Why networking works
Building your network
Preparing for Networking
Researching Your Contacts
How to Network
The three key attributes of the successful networker
What holds attorneys back
Building a Network from Scratch
Your "natural" network
Enhancing your natural network
Maintaining you network
Networking for job seekers without any obvious contacts
Long-Distance Networking
Networking for minority, women and disabled persons
The confidentiality dilemma
How to maximize political connections

Disc 4:

Handout Disc

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LEGAL CAREER MANAGEMENT: THE HIDDEN LEGAL JOB MARKET, MAJOR EMPLOYER COMPLAINTS, SOLO PRACTICE SUCCESS

Richard L. Hermann. 2008. 4 copies
Law Koren KF 297 .H473 2008
4.5 hours, quick reference indexing

Disc 1:

Uncovering the hidden legal job market – Part 1
Profiling the hidden legal job market
Identifying hidden opportunities
Trends analysis: How to identify rapidly growing companies
Generic sources of hidden job intelligence
Hidden opportunities in Law Firms, Corporations

Disc 2:

Uncovering the hidden legal job market – Part 2
Hidden Opportunities in the Public Sector
How the Government Hires Attorneys
Unadvertised Government Jobs
Federal Law-Related Jobs
Major Legislation and Government Reorganizations
Lower-level Political Appointments
Hidden Jobs in the Legislative Branch
Hidden Jobs in State and Local Government
Predicting the Immediate Future
Government Contracting and Subcontracting Hidden Opportunities in Nonprofits
Hidden Law-Related Opportunities

Disc 3:

Employer complaints: Biggest mistakes legal job hunters make, and how to avoid them
Getting started on the wrong foot
Strategic planning mistakes
Resume mistakes

Disc 4:

Employer complaints: Biggest mistakes... (cont'd)
Special application form mistakes
Cover letter mistakes
Job search management mistakes
Interviewing mistakes
Networking mistakes
Job offer and acceptance mistakes

Disc 5:

Succeeding in solo practice
Introduction
Demographics
Growth Trends
Who is the competition?
Now some positives
Principal solo practice areas
Principal specialized solo practices
Practice Area Trends Analysis
Other issues to consider
Your business marketing plan
Solo practice resources

Disc 6:

Handout Disc
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LEGAL RESEARCH

Robert Berring. 2001. 4 copies
Law Koren KF 204 .B467 2001b
3.5 hours, quick reference indexing

Disc 1:

The Mysteries of the First Year
Christopher Columbus Langdell and Your First Year
Casebooks
How can you get the most out of your Casebook?
The Uniform System of Citation
Hornbooks
Nutshells
Outlines
Prompts
Tips on Surviving the First Year

Disc 2:

What is a case?
Understanding where cases come from
The importance of precedent and the kinds of judicial opinions
The parts of a case
How cases are published
Tips

Disc 3:

The Concept of a Citator
Vertical and Horizontal Overrulings
How cases change over time
Research Functions and Citators
Keycite and Shepards: Getting the most out of them
Tips
Legislation
The Pattern of Legislative Publication
Session Laws
Codes
Annotated Codes
The federal example
Administrative Law: the CFR and the Federal Register

Disc 4:

Coming to terms with Westlaw and Lexis as libraries of information and search engines
Tips on how to use them wisely
12 Rules of Legal Research: Define the Question
Know what you expect the answer to be
Consider Your Resources
The Time Space Continuum
Context, Context, Context
Find Someone Who Has Done the Work For You
Talk to a Human Being
Read with Care
Take good notes
Update
Evaluate
Knowing When to Stop
Bob's Secret Rule

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PRODUCTS LIABILITY

Steven Finz. 1996. 3 copies
Law Koren KF 1296 .F56 1996
3.00 hours, quick reference indexing

Disc 1:

Introduction
Fountains of Issues
Bases of Liability
Intentional Torts: Battery, Intentional Infliction of Emotional Distress
Negligence: Duty of Reasonable Care, Breach, Res Ipsa Loquitur, Violation of Statute
Breach of Warranty: Express Warranty, Implied Warranty of Merchantability, Fitness for Buyers Particular Purpose

Disc 2:

Misrepresentation
Common Law Misrepresentations
Restatement (2nd) of Torts 402B
Strict Product Liability

Disc 3:

Proximate Cause: Factual Cause, Legal Cause, Intervening Cause
Damage
Affirmative Defense: Plaintiffs Negligence, Assumption of the Risk
Vicarious Liability: Respondeat Superior, Joint Enterprises
Examination Approaches

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PROFESSIONAL RESPONSIBILITY

John S. Dzienkowski. 2004. 5 copies
Law Koren KF 306 D95 2004 (1)
15.6 hours, quick reference indexing

Disc 1:

Introduction
Admission to Practice Law
State Admission to Practice
Federal Admission

Disc 2:

Practicing Law Out of State
Unauthorized Practice of Law
Consequences of Unauthorized Practice
Defining Unauthorized Practice – Factore
Lay Persons Offering Quasi-Legal Services
Non-Law Businesses Offering Legal Services
Ancillary Businesses Offering Legal Services

Disc 3:

Multi-Disciplinary Practice of Law
Regulation of Advertising
Background of Bates, Ohralik and Primus
Solicitation vs. Advertising
False and Misleading Statements
Advertising of Specialties

Disc 4:

Firm Names
Soliciting Government Clients
Identifying the Client, Representing Entity Clients, and Clients under a disability
Who is the Client?
Representing Clients Under a Disability
Representing Entity Clients
Employment Arrangements and Fee Arrangements
Scope of Employment

Disc 5:

Fee Arrangements
Handling Client Funds
Obligations of an Agent, Trustee and Fiduciary

Disc 6:

Model Rule 1.15
Duty of Confidentiality and Attorney-Client Privilege
Ethical Duty of Confidentiality
Attorney-Client Privilege

Disc 7:

Client Fraud in the Non-Litigation Context
Lawyer Involvement in Client Fraud
Lawyers Representing Entities
Current Client Conflicts of Interest Rule
Doctrine of Imputed Disqualification

Disc 8:

Prohibited Transactions – Rule 1.8
Directly Adverse Conflicts
Materiality Limited Conflicts
Multiple Client Representation and Intermediation

Disc 9:

Former Client Conflicts
Disclosure and Use of Former Client Information
Suing Former Clients
Lawyers Switching Firms
Firm Lawyers Leaving Firm
Conflicts Involving Government Clients
Background to the Special Rule
Screening
Definition of Matters

Disc 10:

Revolving Door – Government and Private Practice
Judges, Arbitrators and Other Personnel
The Advocate Witness Rule
Policies Underlying the Rule
Exceptions
Frivolous Claims and Cases
Ethical Rule – MR 3.1
Federal Rule of Civil Procedure – Rule 11
Representing Clients in Litigation
Duty of Diligence
Duty of Candor to the Court
General Rules of Litigation

Disc 11:

Interference with Judges and Jurors
Non-adjudicative Proceedings
Special Issues Involving Prosecutors
Dealing with the Right of Third Persons – Rule 4
Withdrawing from a Representation
Mandatory Withdrawl
Permissive Withdrawl
Continuing Duties
Special Issues Involving Public Interest
Obligations of Pro Bono Service
Conflicts with Public Interest Activities
State Discipline Systems and Regulation of Lawyers
Who Must Follow Ethical Rules – 5.1, 5.2, 5.3
Which Rule Applies – 8.5
Obligation to Report

Disc 12:

Procedure and Sanctions
Civil Liability and Criminal Liability
Judicial Ethics
Canons 1-5

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PROPERTY

Julian C. Juergensmeyer. 2000. 13 copies
Law Koren KF 570 Z9 J84 2000 (13)
7.5 hours, quick reference indexing

Disc 1:

Introduction
Study Techniques
Exam Taking Hints
Fragmentation of Ownership
Tenure
Estates in Land: Fee Simple

Disc 2:

Estates in Land: Fee Tail, Life Estate, Defeasible Estates
Future Interests: Reversions, Possibilities of Reverter, Rights of Re-entry, Vested and Contingent Remainders

Disc 3:

Future Interests: Executory Interests
Future Interests Doctrines and Rules: Doctrine of Destructibility of Contingent Remainders, Merger, Doctrine of Worthier Title, Rule Against Perpetuities

Disc 4:

Restraints on Alienation
Personal Property Estates and Future Interests
Concurrent Estates
Accountability of Co-Tenants (ACT)
Martial Property Interests

Disc 5:

Trivia Questions
Landlord and Tenant: Nonfreehold, Leases, Sublease and Assignment, Contract Principles, Waste, Fixtures

Disc 6:

Trivia Answers
Acquisitions of Title
Adverse Possession
Prescription
Broker Listing Agreements
Land Sales Contracts: Statute of Frauds, Implied Provisions: Risk of Loss (Equitable Conversion), Marketable Title, Type of Deed, Merger by Deed, Duty of Disclosure, Implied Warranty of Marketability
Deeds: Formalities

Disc 7:

Deeds: Delivery, Covenants of Title
The Recording System
Recording Acts: Priorities, Chain of Title

Disc 8:

Recording System Reforms: Curative Acts and Title Standards, Marketable Title Acts
Nonpossessory Interests in Land and Private Land Use Controls: Easement and Profits, Licenses, Real Covenants (Covenants Running with the Land), Equitable Servitudes
The Study of Personal Property Law
Introduction to the Law of Personal Property Terminology & Key Concepts
Acquisition of Title Through Funding Lost, Mislaid and Abandoned Property

Disc 9:

Acquiring Title to Wild Animals
Bailments
Law of Gifts
Accession
Confusion

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SALES AND LEASE OF GOODS

Douglas J. Whaley. 2004. 10 copies
Law Koren KF 915 W45 2004 (1)
4.3 hours, quick reference indexing

Disc 1:

Scope of UCC
Article 2 (Sales)
Article 2A (Leases)
UN Treaty on the Sale of Goods
Offer and Acceptance
Warranties

Disc 2:

Magnusson-Moss Warranty Act
Warranties for Leases and International Transactions
Terms of the Contract
Unconscionability
Identification
Risk of Loss (no breach)
Perfect Tender Rule
Cure
Rejection
Acceptance
Revocations of Acceptance
Risk of Loss (breach)

Disc 3:

Impossibility
Remedies
Anticipatory Repudiation

Disc 4:

Remedies in Leases and International Transactions
Statute of Limitations
Letters of Credit

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SECURITIES REGULATION

James D. Cox. 2006. 6 copies
Law Koren KF 1439 .C69 2006
6.7 hours, quick reference indexing

Disc 1:

Introduction
Overview, Securities Act of 1933 & Securities Exchange Act of 1934
How SEC shapes US securities law
Exchange markets vs. over-the-counter market
Issuer & trading transactions
Definitions of a security
Investment contracts under SEC vs. W.J. Howey Inc.
Investment contract definition of a security
When is stock not a security?
Notes as a security after Reves vx. Ernst & Young
How an exempt instrument is transformed into a security
Continuous reporting requirements of the Securities Exchange Act
Registration Statement, Forms

Disc 2:

Integrating Disclosure
Overview of the registration process
Gun jumping issues
Safe Harbors: 30-day brightline exclusion, Rule 135 notice, Well-known seasoned issuers, Factual business information & forward-looking statements by reporting issuers, Non-reporting issuers and factual information, Research reports, Arrangements with and among underwriters – sections 2(a)(3)
Waiting period
Free writing
Hyperlinks

Disc 3:

Road shows
Post-effective period
Dealer and broker transactions
Shelf registration procedures
Implications of SEC vs. Manor Nursing Homes
Transaction exemptions under Securities
Intrastate exemption under section 3(a)(11) or rule 147
Private offering exemption under section 4(2)
Offers to accredited investors under section 4(6)
Regulation D safe harbors
Rules 504, 505, 506

Disc 4:

Rule 701 example
Regulation A offers
Integration of exempt offerings
Five integration factors
Integration safe harbors
Rule 155
Rule 1001 exemption
Role of blue sky laws
Rule 144A
Resales of restricted securities
Holding period and change of circumstances
Rule 144 safe harbor
Sales by control person: secondary distributions
Rule 144
4(1-1/2) exemption
State exemption for resales of securities
"For value" requirement of the securities act
Conversion of securities
Amendment of articles of incorporation

Disc 5:

Spinoffs of a corporate subsidiary
Exempt exchanges under section 3(a)(9)
Exemption under 3(a)(10)
Regulation S safe harbors
Section 11

Disc 6:

Section 12(a)(1)
Section 12(a)(2)
Private suits under sections 10(b) and rule 10b-5
The regulation of brokers
SEC enforcement

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TORTS

Steven Finz. 2005. 16 copies
Law Koren KF 1250 F56 2005
8.33 hours, quick reference indexing

Disc 1:

Introduction
Fountains from which issues spring
Intent in general
Intent distinguished from volition and motive
Intentional invasion of persons/property
Essential elements
Battery – Intent, Other elements
The art of argument
Pinch hypothetical
Transferred intent assault
False Imprisonment – Intent

Disc 2:

False Imprisonment – Confinement, Lawfulness
Intentional infliction of emotional distress – Intent, Other elements
Defense of self, others, property
Arguing about what is reasonable
Recapture of chattel
Trespass to land
Trespass to chattel/conversion – Elements, Comparison
Necessity
Consent

Disc 3:

Introduction to negligence
Duty of reasonable care
Foreseeable risk, Plaintiff
Rescuers
Exam discussion of duty issue
Affirmative conduct
Special relationship
Landholders breach
The reasonable person
Professional malpractice
Exceptions to the requirement of expert testimony

Disc 4:

Violation of statute
Presumptions
Res ipsa loquitur
Negligence as a tort
Introduction to proximate cause
Factual cause – But for, Substantial Factor, Hypothetical
Legal cause
Intervening causes
Exam suggestions
Typical proximate cause fact patterns
Joint tortfeasors
Aggravated negligence
Damage

Disc 5:

Negligent inflictions of emotional distress
Death – Survival, Wrongful Death
Birth
Damages – Nominal, Punitive, Compensatory
Introduction to strict liability
Animals
Storage of dangerous substances
Ultrahazardous / abnormally dangerous activities
Contributory / comparative negligence
Assumption of the risk
Primary assumption of the risk
Vicarious liability – employees, scope of employment
Other forms of vicarious liability
Business Torts – Misrepresentation

Disc 6:

Misrepresentation – Fault, Justified reliance, Damage
Interference with contract / prospective business advantage
Nuisance
Public nuisance
Private nuisance
Malicious prosecution – Initiation or continuation of proceeding, Termination, Probable cause, Malice, Damage
Abuse of process
Products Liability – Negligence, Express Warranty, Implied Warranty of Merchantability, Implied Warranty of fitness of particular purpose, Misrepresentation, Strict Liability in Tort

Disc 7:

Products Liability – Defect, Component Parts
Defamation – Defamatory Statement, Falsity, Fault/Public Persons, Publication, Damage
Injurious Falsehood
False Light
Privacy invasions
Privacy – Appropriation of identity, Intrusion, Public Disclosure
Privacy Hypothetical
Conclusion

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TORTS

Steven Finz. 2010. 8 copies
Law Koren KF 1250 F56 2010
8 hours, quick reference indexing

Disc 1:

Introduction
Fountains from which issues spring
Intent
Intentional invasion of persons/property
Intentional infliction of emotional
False Imprisonment
Defense of Self, Others, Property
Recapture of Chattel

Disc 2:

Trespass
Necessity
Negligence – Duty of Reasonable Care
Breach

Disc 3:

Breach (continued)
Negligence as a Tort
Proximate Cause
Joint and Several Liability
Negligent Infliction of Emotional Distress
Wrongful Death

Disc 4:

Wrongful Conception
Derivative Actions
Damages
Strict Liability
Defenses

Disc 5:

Vicarious Liability
Misrepresentation
Intentional Interference
Nuisance
Malicious Prosecution

Disc 6:

Abuse of Process
Products Liability

Disc 7:

Defamation
Injurious Falsehood
Invasion of Privacy

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TRUSTS

Gerry W. Beyer. 2004. 6 copies
Law Koren KF 730 B49 2004 (6)
4.7 hours, quick reference indexing

Disc 1:

Introduction, Overview and Terminology
Uses of Trusts
Trust Creation
Trust Intent
Statute of uses
Combinations of parties
Distinguishing trusts from other relationships
Methods of express trust
Creation
Consideration
Statute of frauds
Rule against perpetuities
Trust purposes the settlor
Trust Property

Disc 2:

The Trustee
The Beneficiary
Spendthrift Provisions
Discretionary trusts
Support trusts
Charitable trusts
Pour over wills
Life insurance trusts
Trust Administration / Overview

Disc 3:

Standard of care
Investments
Trustee powers
Trust distributions
Delegation of duties
Duty of loyalty
Contract liability
Tort liability
Principal and income
Allocation
Accountings
Trustee compensation
Judicial modification of trusts
Modification of trusts by the parties
Trust termination
Trust enforcement
Procedural Matters

Disc 4:

Remedies against the trustee / beneficiary
Remedies involving trust property
Remedies against third parties
Enforcing charitable trusts
Barring of remedies
Trust accounts
Resulting trusts
Constructive trusts
Examination strategy

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WILLS AND SUCCESSION

Gerry W. Beyer. 2004. 4 copies
Law Koren KF 755 B49 2004 (2)
5.6 hours, quick reference indexing

Disc 1:

Introduction
Intestate succession: reasons people die intestate
When intestacy occurs
Background and history
Terminology
What happens upon intestate death?
Surviving spouse protection
Descendants
Adopted children
Stepchildren
Non-marital children
Advancements
Ancestors and collaterals
Half and whole blood
Improper conduct
Survival
Transfer of expectancy
Assignment
Disclaimers
Equitable conversion
Escheat
Aliens
Choice of law
Locating heirs
Express disinheritance
Wills Introduction

Disc 2:

Requirements of a Valid Will

Disc 3:

Change in Circumstances
Will Revocation
Interpretation and Construction

Disc 4:

Will contests
Estate Administration
Proper applicant
Locate will
Prepare applications
File in appropriate court
Citation
Probate of will or determination of heirs
Type of administration
Appointment of personal representative
Qualification of personal representative
Issuance of letters
Collect and protect decedent's probate assets
Inventory and appraisement
Protect certain property from creditors
Notice to creditors
Pay creditors
Provide reports and accountings
Distribution and closing estate
Probate avoidance techniques
Inter vivos gifts
Gift causa mortis
Trusts
Concurrent Ownership

Disc 5:

Multiple-Party accounts
Contracts
Disability planning
Property management
Health care decisions
Death planning
Assisted suicide
Anatomical gifts
Disposition of body
Estate planning overview
Examination approach and strategy
Conclusion

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WILLS AND TRUSTS

Gerry W. Beyer. 2009. 5 copies
Law Koren KF 755 B485 2009
9.9 hours, quick reference indexing

Disc 1:

Introduction
Reasons People Die Intestate
When Intestacy Occurs
Background and History
Terminology
What Happens Upon Intestate Death
Surviving Spouse Protection
Descendants
Advancements
Ancestors and Collaterals
Half and Whole Blood
Improper Conduct
Survival
Transfer of Expectency
Assignment
Disclaimers
Other Intestacy Issues
Choice of Law
Locating Heirs
Express Disinheritence

Disc 2:

Requirements of a Valid Will – Legal Capacity
Testamentary Capacity
Testamentary Intent
Formalities Attested
Holographic
Noncupative
Conditional Wills
Conditional Gifts
Combination Wills
Malpractice and Professional Responsibility
Change in Circumstances

Disc 3:

Changes in Value
Will Revocation – By Operation of Law
Revocation by Physical Act
Interpretation and Construction

Disc 4:

Will Contests
Insane Delusion
Undue Influence
Duress
Fraud
Mistake
Remedy
Will Contest Avoidance
Estate Administration
Probate Avoidance Techniques
Inter Vivos Gifts
Gifts Causa Mortis
Trusts
Concurrent Ownership

Disc 5:

Multi-Party Accounts
Contracts
Disability Planning
Property Management
Healthcare Decisions
Death Planning
Assisted Suicide
Anatomical Gifts
Disposition of Body
Estate Planning Overview
Examination Approach and Strategy Trusts

Disc 6:

Introduction
Uses of Trusts
Trust Creation
Trust Intent
Statute of Uses
Combination of Parties
Distinguishing Trusts from other Relationships
Methods of Express Trust Creation
Consideration
Statute of Frauds
Rule against Perpetuities
Trust Purposes
The Settlor
Trust Property

Disc 7:

The Trustee
The Beneficiary
Spendthrift Provisions
Discretionary Trusts
Support Trusts
Charitable Trusts
Pour Over Wills
Life Insurance Trusts
Trust Administration – Overview

Disc 8:

Standard of Care
Investments
Trustee Powers
Trust Distribution
Delegation of Duties
Duty of Loyalty
Contract Liability
Tort Liability
Principal and Income Allocation
Accountings
Trustee Compensation
Judicial Modification of Trusts
Modification of Trusts by the Parties
Trust Termination
Trust Enforcement – Procedural Matters

Disc 9:

Remedies Against the Trustee
Remedies Against the Beneficiary
Remedies Involving Trust Property
Remedies Against Third Parties
Enforcing Charitable Trusts
Barring of Remedies
Trust Accounts
Resulting Trusts
Constructive Trusts
Examination Strategy

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Content last updated August 2, 2012