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Showing episodes and shows of
Professor Leslie Garfield Tenzer
Shows
The Jabot
What You Need To Know: How The Courts Define Emojis with Leslie Garfield Tenzer
In this episode, Kathryn speaks with Leslie Garfield Tenzer, a professor at Pace University School of Law. Professor Tenzer discusses how she decided to get into legal academia and the twists and turns of her career that have led her to this point. She tells Kathryn why she decided to write the Legal Emoji Dictionary, and speaks about how emojis have been used in legal cases. She shares which emojis have a surprising legal definition, and talks about some of the pitfalls for lawyers if their cases do involve emojis. Episode Resources https://law.pace...
2022-04-15
27 min
Law to Fact
Entertainment and IP Law with Tony Iliakostas
In this episode: I speak with Tony Iliakostas about Entertainment and IP Law. Tony discusses his entree into the entertainment law practice and shares fascinating details about posthumous personality rights.Some Key Takeways:1. There are ways to distinguish yourself to employers besides grades. You can start a blog, write about topics of interest, etc. 2. When trying to find a job, network, network, network3. Recognize the value that your work as a lawyer contributes to the overall business or social good to which you are contributing.
2021-12-05
37 min
Law to Fact
Rule Making and Administrative Law
In this episode...Professor Josh Galperin explains government rule-making authority and provides a broad overview of topics covered in administrative law.Some key takeaways....Administrative law is the law that governs day-to-day government operations. It explains how federal agencies like the EPA, FDA, or SEC get authority to act, restrictions on their actions, and judicial review of their work.Agencies make rules, adjudicate disputes, enforce law, and offer policy guidance.Rules are prospective and general policymaking while adjudication is case-by-case, fact-oriented dispute resolution.Guidance is the process, short of making...
2021-04-13
36 min
Law to Fact
Labor Law and Employment Law
In this episode... Professor Luke Norris, Associate Professor of Law at the University of Richmond School of Law explains the difference between Labor Law and Employment Law classes and provides an explanation for why each is worth taking in as an upper-level law school class. As an added bonus, Professor Norris explains the Protecting the Right to Organize Act, which the House of Representatives passed earlier in the month. Some key takeaways are... Labor law focuses on the law of collective action and groups, such as unions, in the workplace. Employment la...
2021-03-23
24 min
Law to Fact
Restorative Justice: Securing Posthumous Bar Admissions
In this episode...We speak with Judge, Attorney, Historian, and Professor John Browning about righting historic wrongs. Prof. Browning has dedicated the past few years correcting the racial wrongs of State Bars. Last year, he secured admission for an African American man who aspired to be a lawyer in the 1880s but was denied bar admission because of his race. He is currently petitioning the New York State Bar to admit Ely S. Parker, a Native American War hero and the First Commissioner of Native American Affairs. Some Key Takeaways......
2021-03-19
27 min
Law to Fact
California v. Texas
In this episode...Professor Alexander Greenawalt discusses shares his thoughts, and predictions about California v. Texas, a case pending before the Supreme Court. Among other noteworthy issues, Professor Greenawalt discusses whether Congress has the power under the US Constitution to pass the Affordable Care Act (“ACA”)? Why is the constitutionality of the ACA back for the Supreme Court this term? And how is the Supreme Court likely to resolve the dispute?About our guest...Alexander Greenawalt is a Professor of Law at the Elisabeth Haub School of L...
2021-03-07
42 min
Law to Fact
Steve Schwartz Explains the New LSAT
In this episode, Steve Schwartz, host of LSAT unplugged, explains the new LSAT format and how to prepare for it.Some key takeaways: The LSAT will be four timed sections instead of three.The Fourth Section will be experimentalThe time of the LSAT is now extendedAbout our guest....For more than a decade, Steve Schwartz has helped thousands of students get into the law schools of their dreams, win large scholarships, and become successful attorneys. He is the host of LSAT unplugged YouTube channels and LSAT Unplugged podcast. In his que...
2021-03-02
24 min
Law to Fact
Securing Employment During and After Law School
In this episode, Nick Santomassimo, a 3L at the Elisabeth Haub School of Law at Pace University discusses his work experiences during the summers prior to entering law school and his law school summers, and his path to securing post-law school work. Nick's particular interest lies in corporate law and he shares how his decision to spend one summer with a corporation helped him secure a position with a corporate law firm.About our guest...Nick Santomassimo graduated from Marist College in 2018 where he majored in Business Law and e...
2021-02-17
30 min
Law to Fact
Attorney Marc Misthal on the Intersection of Intellectual Property Law and Social Media
In this episode, Marc Misthal gives straight forward advice to current and future IP students, explaining the four areas of IP and some tips for those of you who wanted to practice in the area. Sandwiched in between is an exciting discussion about real-life issues facing any IP attorney, particularly those related to social media law.About our Guest...Marc Misthal is a partner at the Intellectual Law firm, Gottlieb, Rackman and Reisman where he practices counsels a wide range of clients from around the world, including businesses in the fashion, apparel, c...
2021-02-09
33 min
Law to Fact
Envisioning Law School Post-Pandemic
In this episode, we speak with Professor Maybell Romero, Associate Professor of Law at Nothern Illinois University College of Law about law school post-pandemic. Some key takeawaysZoom classes have given professors time and space to offer more in-class assessments, a practice that is likely to migrate into in-person classroom learning.Initial hiring practices via video are likely to stay, offering more access to applicants who can't necessarily afford to travel for that first interview. We do miss seeing our students in person and can't wait to get back into t...
2020-11-19
27 min
Law to Fact
Tax Law and Social Justice
In this episode, I speak with Professor Francine J. Lipman, the William Boyd Professor of Law at William Boyd Law School at the University of Nevada, Las Vegas.Some key takeaways:Tax is a three-letter word not a four-letter word!Undocumented immigrants do pay taxesTax cases are about the human life storyAll students should take taxAbout our Guest:Francine J. Lipman is a distinguished accountant, lawyer, teacher, and scholar. Read her bio here. You can also access Professor Lipman's scholarship here. You ca...
2020-11-09
26 min
Law to Fact
Dean Horace Anderson on Why Voting Is Important
In this episode, I speak with Horace Anderson, Dean of the Elisabeth Haub School of Law at Pace University, on the importance of voting. About our guest:Dean Horace E. Anderson, Jr. joined the Pace Law School faculty in 2004 from the New York office of White & Case LLP. His practice there focused on intellectual property, privacy and data protection, the Internet, and media and technology law. He was appointed Interim Dean of the Law School in 2018 and was named the ninth Dean of the Law School in December 2019.I...
2020-10-28
21 min
Law to Fact
On Deciding Whether To Go To Law School
In this episode ...Professor Jen Reise discusses her program, JD Navigator, a program to help individuals decide whether law school is the right choice. About our guest...Jen Randolph Reise teaches business law as a visiting professor at Mitchell Hamline School of Law, the first U.S. law school to launch an ABA-approved blended learning J.D. program. She is a securities and corporate governance attorney by training and has worked both in private practice at a large Minneapolis firm and in-house at a public company. She...
2020-04-22
23 min
Law to Fact
Understanding the new LSAT Flex Test
In this episode....Steve Schwartz, LSAT tutor and author of the LSATblog explains the new LSAT Flex Test.About our guest…Steve Schwartz is a full-time author, teacher, and founder of the LSAT Blog and LSAT Unplugged YouTube channel and LSAT Unplugged podcast, with an audience of over 100,000 on LSAT and law school admissions. He's taught the LSAT since 2005 and scored 175 on the LSAT.Check out these links Steve is sharing with usFree LSAT Cheat Sheet: https://bit.ly/lsatcheatsheet
2020-04-14
15 min
Law to Fact
On Becoming a Public Interest Lawyer
In this episode...Zamir Ben-Dan, Community Justice Attorney for Legal Aid Brooklyn shares his experiences as a legal aid attorney and his path to securing his dream job. Mr. Ben-Dan highlights the importance of legal research and writing classes. He also emphasizes the value of networking. The discussion highlights some of his most interesting cases and is a must-listen for law students and lawyers alike. About our guest...Zamir Ben-Dan, Esq. is an attorney at the Legal Aid Society. He did direct representation in the Bro...
2020-04-14
30 min
Law to Fact
Oral Arguments in the Age of Corona
In this special episode of Law to Fact, Professor Heidi K. Brown, Director of Legal Writing and Associate Professor of Law shares very specific pointers for success during online moot court arguments. Some key takeaways are: Make sure your space looks professional. Stand, rather than sitting and dress in courtroom attireKnow that people tend to interrupt online, wait for a moment to speakAlways remember you know your material better than the judgesAbout our guest…Professor Heidi K. Brown is the...
2020-03-30
19 min
Law to Fact
Successful Tips for Online Learning
In this episode...Bridget Crawford, Professor of Law at the Elisabeth Haub School of Law at Pace University, shares key strategies for students engaged in distance learning.Some takeaways are...1. Identify learning objectives from each class and make certain you understand them2. Treat online learning like a classroom experience, dress, sit at a desk3. While in class cameras on, mics offAbout Professsor CrawfordProfessor Bridget J. Crawford teaches Federal Income Taxation; Estate and Gift...
2020-03-18
31 min
Law to Fact
Requirements for Validating Wills
In this episode...Dean Katheleen Guzman, Interim Dean of the University of Oklahoma College of Law discusses the requirements for validating a will.Some key takeaways...Many jurisdictions have relaxed the strict common law requirements for willsHolographic comes from Holo (whole) and graphic (written) so the holographic will is a will that is handwritten.Many states accept holographic wills as proof of the testator's intent.About our guest...Dean Katheleen Guzman joined the OU Law faculty in 1993, where she has taught numerous c...
2020-03-17
34 min
Law to Fact
A Step by Step Guide to Creating a Distance Learning Class
In this episode...Bridget Crawford, Professor of Law at the Elisabeth Haub School of Law at Pace University, walks listeners through the steps necessary to create a distance learning class.Some key takeaways are...1. Take time to understand the platform you will use.2. Decide whether you want to create a synchronistic or asynchronistic class.3. For asynchronistic classes: a. Layout the agenda, prepare a lesson plan, include powerpoint presentations b. Record in bits rather than one long sess...
2020-03-08
36 min
Law to Fact
A Holistic Understanding of Online Learning for Law School
In this episode...We speak with Nina Kohn, the David M. Levy Professor of Law and Faculty Director of Online Education at Syracuse University College of Law about developing on-line classes for legal education. Some key takeaways...Online classes are asynchronous or synchronous. Asynchronous classes are recorded and students can watch them on their own time. Synchronous classes are live. Students are all present at the same time and the professor is able to engage in dialog.Developing an online class is not as difficult as one might think (and Prof. Kohn...
2020-03-06
30 min
Law to Fact
1st Lieutenant Steven Arango Speaks About Life as a Law Student and Beyond
In this episode...1st Lieutenant Officer Steven Arango, USMC, and Federal Law Clerk to U.S. District Judge Fernando Rodriguez, Jr. in the Southern District of Texas shares his wisdom about life as a law student and beyond. We cover a range of topics including JAG Corps, Study Skills, post-law school employment and the importance of mentors. 1st Lt Arango works with veterans attending college and law school to help them succeed in their academic studies. Our discussion is of great value to military personal and anyone else thinking about, enrolled in or graduated fro...
2020-03-03
23 min
Law to Fact
Consideration in Contracts
In this episode...Professor Wayne Barnes, Professor of Law at Texas A & M School of Law and a lecturer with Kaplan Bar Prep explains consideration in contracts.Some key takeaways...Consideration is a bargained-for exchangeThe promisor must receive something of value in exchange for his promiseThe thing of value can be a return promise or performance. About our guest...Professor Wayne Barnes teaches and writes about contract law. His scholarly interests focus on contract law, including the implications of contract theory fo...
2020-02-18
33 min
Law to Fact
Environmentalist Karl Coplan on His Book, Live Sustainably Now
In this episode... Professor Karl Coplan, Professor of Law and Director of the Environmental Litigation Clinic at the Elisabeth Haub School of Law at Pace University discusses his new book, Live Sustainably Now: A Low Carbon Vision of the Good Life, published by Columbia University Press. Professor Coplan shares ways, both small and large, in which each of us can lower our carbon footprints, and together make a difference in the fight against climate change. Live Sustainably Now reads as much as a memoir as it does a call to arms. Coplan s...
2020-02-11
26 min
Law to Fact
Drafting the Ideal Appellate Brief
In this episode...Three writing expert writing professors share their advice and key strategies to assure success on the appellate brief. Christine Coughlin, Professor of Legal Writing at Wake Forest School of Law, Jean Goetz Mangan, Legal Writing Instructor at the University of Georgia School of Law and Ruth Anne Robbins, Distinguished Clinical Professor of Law at Rutgers Law School highlight the importance of pre-writing, narrative and even font choice when drafting the brief. And we all share the fear we first felt, and fun we finally had, when arguing th...
2020-02-04
24 min
Law to Fact
Writing a Law School Scholarly Article
In this episode...We speak with Sarah Morath, Clinical Associate Professor, Director of Lawyering Skills and strategies at The University of Houston Law Center, about drafting a scholarly article. Most law schools have an upper-level writing requirement. Expert Sarah Morath provides valuable insights to help you get the job done right!!Some key takeaways...Scholarly articles must have a legal "so what." Be careful not to write an undergraduate thesis.Footnotes for law review articles are different from those in a memorandum of law or appellate brief. Use the main...
2020-01-28
24 min
Law to Fact
Privacy Torts
In this episode... Professor Amy Gajda, the Class of 1937 Professor of Law at Tulane Law School explains the four privacy torts and shares discusses the likely impact of recent cases including Bollea v. Gawker (The Hulk Hogan Case).Some key takeaways are... The Privacy Rights areMisappropriation - use of another's name or identity without permission.Intrusion into seclusion - peering in on someone who is in seclusion.Publication of private facts (the gossip tort) publishing of private information about another person that is highly offensive and...
2020-01-21
34 min
Law to Fact
Model Rule 1.6(b) Meets Climate Change
In this episode...Professor Victor Flatt, the Dwight Olds Chair in Law at The University of Houston Law Center and the 2019 Haub School of Law at Pace University Visiting Scholar, explains the requirements of Model Rule of Professional Responsibility 1.6(b), which permits attorneys to disclose information to prevent death or serious bodily harm and how bar associations can use the rule to prevent further climate change. He presents his theory in his most recent article, Disclosing the Danger: State Attorney Ethics Rules Meet Climate Change, to be published in the Utah Law R...
2020-01-14
25 min
Law to Fact
The Professor and the Judge Teach Civil Procedure
In this episode...Judge Lisa Margaret Smith, Magistrate Judge, Southern District of New York and Professor Michael Mushlin, Elisabeth Haub School of Law share their experience jointly teaching their 1L Civil Procedure class with a courtroom component. The program gives the students a flavor of the practical aspects of civil procedure and a context within which to grasp doctrinal concepts. Their approach supplements the traditional casebook materials and typical Socratic teaching method used in first-year law courses by challenging students to draft court documents, allowing them to visit a federal court and meet regularly with...
2019-12-17
33 min
Law to Fact
Subject Matter Jurisdiction
In this episode…Ryan Williams, of Mitchell Hamline School of Law and a member of the Kaplan Bar Prep faculty, explains subject matter jurisdiction. About our guest…Professor Williams is a Yale University and Georgetown Law graduate, specializing in Civil Procedure, Torts and Bar preparation. He currently teaches at Mitchell Hamline School of Law, and as a bar exam expert lecturer for Kaplan. He has also published numerous articles on national security, and in 2014 was named one of the top law Professors of color in America by Lawyers of Color...
2019-12-10
18 min
Law to Fact
Summary Judgment
In this episode…Today’s episode is a viewer request. I was asked to create a podcast on summary judgment and went right to the expert, Ryan Williams, of Mitchell Hamline School of Law and a member of the Kaplan Bar Prep faculty. In this episode, he clearly explains summary judgment in a way that will be sure to help you excel on exams.Some key takeaways are: 1. Summary judgment is a tool for courts to dispose of a case without holding a trial.2. A party is granted summa...
2019-12-03
21 min
Law to Fact
A Happy 2L Shares Uplifting Advice
In this episode... We speak with law school observer and law student Kayla Molina, a 2L at the University of Oklahoma School of Law. Kayla tweets under the handle @canpanicnow. Her tweets are clever, very clever but are also encouraging to law students. As a 1L Kayla tweeted about issues that concerned her. creating a community beyond that of her law school. As a first-generation law student, she took to Twitter to expand her community. And it has truly expanded, with lawyers, professors, and upper-level students all responding to questions like w...
2019-11-26
26 min
Law to Fact
Building an Entertainment Law Practice
In this episode... We speak with Los Angelos based attorney Gordon Firemark, about the practice of Entertainment Law.Some key takeaways are...Network with entertainment lawyers to make key connectionsBuild your brand by posting about interesting entertainment law topicsTake tax law!Mr. Firemark offers a great internship opportunity to work with him on his podcast. Listen for details at the end of the show. About our guest...Gordon Firemark helps artists, writers, producers, and directors achieve their dreams in the fields of theater, film, te...
2019-11-19
23 min
Law to Fact
First Amendment: Free Speech
In this episode…Professor Allen Rostron, the Associate Dean of Students, William R. Jacques Constitutional Law Scholar and Professor of Law at the University of Missouri - Kansas City School of Law, explains the First Amendment as it relates to freedom of speech and provides an outstanding analytical framework for those challenged with answering a free speech question on an exam or the bar.Some key takeaways are... Speech is both verbal and non-verbal communication and includes images, instrumental musical communication or even tattoos. The Government can regulate speech in certa...
2019-11-12
30 min
Law to Fact
Election Law
In this episode... Michael Morley, Associate Professor of Law at Florida State University College of Law, explains the essentials of election law. This episode is a must listen to for any student of election law and incredibly informative for those who just want to learn a little bit more about our electoral process, our electoral history and the meaning of Citizens United v. The Federal Election Commission.Some key takeaways are...The right to vote is not absolute.If the burden on the right to vote is too onerous, the right...
2019-11-05
37 min
Law to Fact
Securities Law: When is Something a Security?
In this episode... Ann Lipton, the Michael M. Fleishman Associate Professor of Business Law and Entrepreneurship at Tulane Law School explains how to evaluate whether a financial product is a security and therefore subject to securities law regulations. Some key takeaways are...1. Stocks and Bonds are securities.2. Securities are subject to disclosure regulations unless they fall into legislated exceptions.3. To avoid securities regulation requirements companies and individuals try to disguise products as something other than securities.4. Courts have developed several tests to evaluate whether a product is...
2019-10-29
16 min
Law to Fact
100 Days to Your Next Job
In this episode... I speak with Pamela Davidson, Esq., Director of Legal Recruitment with Special Counsel, about her book, 100 Days to Your Next Job for Law Students and New JDs Some key takeaways are...Shop for your dream job on Indeed.com or other recruitment sites."Law is a career of service and lawyers love to give back." Take advantage and Network.Ask for Help. Check out the Ted Talk on How to Ask For Help and Get a Yes.About our guest...Pamela Davidson, Esq. is...
2019-10-22
27 min
Law to Fact
The Top Ten Reasons Why You Should Take a Tax Class While in Law School
In this episode...Marjorie Kornhauser, the John E. Koerner Professor of Law Emerita at Tulane Law School, gives her top reasons why every student should take a tax class while in law school.Some key takeaways are...You don't need to know math to excel in a tax class.There are tax implications in almost every area of law practice.Without tax our government can't provide any services to its citizens.About our guest...Professor Marjorie Kornhauser is a renowned tax scholar who has published extensively a...
2019-10-15
34 min
Law to Fact
The 5 Myths About Studying for the LSAT
In this episode....Steve Schwartz, LSAT tutor and author of the LSAT Blog shares the 5 Myths about studying for the LSAT and explains the proper approach to assure LSAT success.Some key takeaways are: Five to six months is the ideal amount of study time to ace the LSAT.Take the LASER approach to studying for the LSAT: Learning, Accuracy, Sections, Exam and Review.Practice with real official LSAT questions.About our guest…Steve Schwartz is a full-time author, teacher, and founder of the LSAT Blog and LSAT Unplugg...
2019-10-11
16 min
Law to Fact
Res Ipsa Loquitur
In this episode…Lawrence Levine, Director of the Summer Program in Salzburg and Professor of Law at McGeorge School of Law explains the Tort concept of Res Ipsa Loquitur.Some key takeaways are…Res ipsa loquitur is a type of circumstantial evidence for proving negligence.To prove res ipsa loquitur one must show:The harm would not have happened but for a negligent actThe defendant most likely had control over the instrumentality that caused the harmDo not get intimidated by latin phrases. About our gu...
2019-10-08
23 min
Law to Fact
Preparing for That Major Memorandum of Law in Legal Analysis and Writing
In this episode, Christine Coughlin, Professor of Legal Writing at Wake Forest Law School, shares tips for success on the open memorandum of law.Some key takeaways are...Clear thinking will lead to clear writing.Research is a recursive processSet a personal due date a few days before the final due dateYour grade on the closed memorandum does not necessarily predict your grade on the open memorandum or on your examsAbout our guest...Professor Coughlin is a multiple-award winning teacher, recognized for both her teaching and scholarship. She i...
2019-09-24
26 min
Law to Fact
Model Penal Code: The Four Levels of Intent
In this episode...Professor Leslie Garfield Tenzer explains the four levels of intent within the Model Penal Code ("MPC"): Purposeful, Knowingly, Recklessly, and Negligently. It goes one to provide context for understanding their differences. Some key takeaways are...One is purposeful when it is their goal to accomplish the harmOne acts knowingly when it is not their goal but they are pretty darn certain their conduct will cause the harm.One acts recklessly when they are personally aware of a risk that their conduct will cause the harm.One acts negligently...
2019-09-24
14 min
Law to Fact
Thinking About Punishment and the Criminal Law
In this episode...John Humbach, Professor of Law at the Elisabeth Haub School of Law discusses the notion that crime is caused by culpable mental states (such as intentions) and describes how criminal justice could be different if we stopped focusing so much on assigning "blame" and paid more attention to how we can best prevent crimes from happening in the first place. Some key takeaways...25% of American adults have criminal records.30% are of young people are arrested by the time they are 23.Our criminal justice system focuses is flawed because i...
2019-09-24
37 min
Law to Fact
Criminal Procedure: Terry Stops
In this episode...Andrea Armstrong, Law Visiting Committee Distinguished Professor of Law at Loyola University New Orleans College of Law explains how to evaluate the constitutionality of a stop and a frisk. Professor Armstrong centers her discussion on Terry v. Ohio and provides an essential understanding of both the law and its background.Some key takeaways are...Police may not detain persons absent reasonable suspicion.Courts define reasonable suspicion as specific and articulable facts from which suspicion can be made - something between a gut hunch and probable causePolice may frisk s...
2019-09-17
35 min
Law to Fact
Understanding Hearsay
In this episode... Chris Fromm, Executive Director of Institutional and Supplemental Programs at Kaplan Bar Review and Kaplan Bar Review and adjunct Professor at Hastings Law School explains Hearsay law. He has passed the bar exam in Pennsylvania, New York, New Jersey, Colorado, Arizona, Oregon and Hawaii. Professor Fromm heads all educational aspects of Kaplan’s Institutional Programs, from hiring and training new lecturers to developing curriculum for more than a dozen schools and over 1000 students.About our guest...Professor Chris Fromm lectures nationally on hearsay and other issue related to the...
2019-09-10
44 min
Law to Fact
Career Trajectory
In this episode...Mike Cohn, Founder and President of Berkley Development shares his own journey out of the law. He begins with a fateful phone call that took him out of the litigation practice he spent three years preparing for and into real estate, a practice area he knew nothing about, but ended up being ideal. Mike has the benefit of perspective and shares with us his first-hand understanding that one’s first job out of law school is likely to look nothing like the jobs you hold down the road. Some key ta...
2019-09-03
40 min
Law to Fact
How to Avoid Common Pitfalls in Legal Research and Writing Classes
In this episode... Ellie Margolis, Professor of Law at the Beasley Law School at Temple University discusses some common pitfalls students face in their legal writing and analysis classes. We share a deep respect for legal writing and agree that legal writing courses are among the most important and most relevant classes you will take while in law school. Some key takeaways are: Don’t wait until the last minute to write your paper. A good memorandum requires revisions.Don’t be adversarial, be honest.Write to your intended audience.Follow samples o...
2019-08-27
32 min
Law to Fact
The Four Myths of the Federal Rules of Civil Procedure
In this episode...Michael Mushlin, Professor at the Elisabeth Haub School of Law at Pace University, responds to one of the most perplexing issues for law students: How do the Federal Rules of Civil Procedure fit within the Civil Procedure class framework. This episode is essential for any student studying Civil Procedure. Some key takeaways are: The Rules Cover the Waterfront (that they apply to everything)The Rules are Indecipherable (that you can't read them even if you try)The Rules are Divinely Inspired (courts are not permitted to interpret them)Th...
2019-08-20
31 min
Law to Fact
Bryan Garner on Garner's Guidelines for Drafting and Editing Contracts
In this episode...We speak with legal writing authority, and professional treasure Bryan Garner about his most recent book, Garner's Guidelines for Drafting and Editing Contracts, published by West Academic. Some key takeaways...Unlike most legal writing, contract writing is about the future; it guides parties about what will happen next in their relationship with each other.Precision matters in contract writing. Precise writing will create unmistakably and help to avoid conflict in the future.Every lawyer, regardless of the area of law in which they practice, needs a merger clause....
2019-08-13
27 min
Law to Fact
The Key to Writing a Good Exam: IRAC, Issue, Rule, Analysis, Conclusion
In this episode…Renee Allen, Assistant Professor of Legal Writing at St. John’s School of Law, explains the most fundamental concept of exam writing; IRAC. IRAC stands for Issue, Rule, Analysis, Conclusion and it is the ideal framework for thinking about legal issues, writing legal memorandum, and most important to law students, Some key takeaways are: 1. The A in IRAC gets the most points on an exam2. When answering an exam, always explain the “why.” Why does this fact matter to proving your point?3. IRAC is a skill th...
2019-08-06
26 min
Law to Fact
Securing the Proper Accommodations for Law School
In this episode...Katherine MacFarlane, Associate Professor of Law at the University of Idaho School of Law explains the importance of securing necessary accommodations in law school and how to make certain your needs are met. Some key takeaways..."There is a place for students with disabilities within the law"Law School accommodations are awarded prospectively not retrospectively.Students are encouraged to ask for accommodations, your school will decide if the accommodation is reasonable.About our guest...Professor Katherine Macfarlane teaches Constitutional Law, Civil Procedure and...
2019-07-30
29 min
Law to Fact
Mani Tafari on the documentary "Who Killed Garrett Phillips"
In this episode...We speak with a former student, Mani Tafuri. Now as a new attorney, Mani found himself in the middle of a very personal legal fight. Police in upstate New York charged one of his closest friends for the murder of the 12-year-old son of a former girlfriend. The legal challenges that followed were remarkable, both the racial bias that grew from the case and the constitutional violations. The case was of such import and interest that it is now the subject of an HBO documentary, Who Killed Garrett Phillips, airing on HBO.
2019-07-23
28 min
Law to Fact
How to Read a Legal Opinion
In this episode ...Orin Kerr, Professor of Law, Berkeley Law School, explains how to read a legal opinion. The episode is an exploration of Prof. Kerr's essential article, How To Read A Legal Opinion: A Guide For New Law Students, 11 Greenbag 2d 51 (2007). Professor Kerr discusses the parts of a brief, what aspects of a case matter to a law professor and emphasizes the need for learning the new language of the law. He acknowledges his own struggles with case law reading when he began law school (we both do), and encourages students to recognize the learning cur...
2019-07-23
24 min
Law to Fact
How to Brief a Case and Understanding the Court System
In this episode...Margaret Hannon, Clinical Assistant Professor of Law at the University of Michigan School of Law discusses the all-important case brief, including the parts of the brief, how to brief a case, and the relationship of the case brief to the court system.Some key takeaways are:Case briefs are personal to the person briefing them, no judgmentCases for law school are edited, briefs found on the internet might not reflect the edited version of a case in the case book.Reasoning is the "protein" of the caseStare Decisis...
2019-07-23
31 min
Law to Fact
Securing a Judicial Clerkship
In this episode...Abigail Perdue, Assistant Professor of Law at Wake Forest University School of Law discusses her new book, The All-Inclusive Guide to Judicial Clerking, from WestAcademic Publishing. A review of her book is available here.Some key takeaways...A judicial clerkship offers law graduates a life-changing opportunity to gain a unique, behind-the-bench perspective about judicial decision-making. Many clerkship opportunities exist, so you can still obtain one even if you don't attend a top tier law school or aren't ranked #1 in your law school class. Clerkships are a wonderful way to...
2019-05-21
29 min
Law to Fact
Lawrence Lessig Discusses His Book, Fidelity and Constraint
In this episode... Lawrence Lessig, Roy L. Furman Professor of Law and Leadership at Harvard Law School discusses his newest book, Fidelity and Constraint: How the Supreme Court Has Read the American Constitution. In his book, Professor Furman discusses the challenges Supreme Court Justices face when interpreting our "ancient' Constitution in modern times. In this discussion, Professor Lessig explains what he means by fidelity to the role of judicial decision making and explains that Supreme Court justices, regardless on either side of the political spectrum share the same constraints. The Court, he su...
2019-05-14
27 min
Law to Fact
The Importance of Joining Law Review or a Law Journal
In this episode... We speak with Pace Law Review Editor in Chief, Samantha Mumola, and rising Charleston Law School 2L and member of Resolve: The Law Journal on Dispute Resolution, Ainissa Proctor, acknowledging the hassle of participating in a law journal competition at the end of 1L exams yet enthusiastically endorsing the importance of joining a review or journal when possible. Some key takeaways...You only have one chance to try out for a law journal, don't miss it.When deciding who to choose for a law journal, students look for...
2019-05-07
20 min
Law to Fact
Products Liability
In this episode...Dean Michelle Simon interviews Leslie Garfield Tenzer, on Products Liability. Both of whom are professors of law at the Elisabeth Haub School of Law at Pace University.Some key takeaways...Plaintiff has three different causes of action for claims when a product harms a consumer or user:NegligenceStrict Liability (402a)Breach of WarrantyDesign DefectManufacturing DefectFailure to Warn-As always, if you have any suggestions for an episode topic, please let us know!You can email leslie@lawtofact.com or tweet @lawtofact.-
2019-04-30
11 min
Law to Fact
Liquidated Damages in Contracts
In this episode…Darren Rosenblum, Professor at the Elisabeth Haub School of Law at Pace University explains liquidated damages clausesSome key takeaways... Liquidated damages are damages parties agree to and include in the contract in the event of a breach.Courts are reluctant to enforce liquidated damages clauses if they are dollars used to incentivize parties not to breach (punishments cloaked as damages)When choosing whether to uphold a liquidated damages clause, a court will consider the reasonableness of the damages clause concerning the breach.Courts look favorably on liquidated da...
2019-04-23
15 min
Law to Fact
The Equal Protection Clause and Disparate Impact
In this episode…Dean Emily Gold Waldman of the Elisabeth Haub School of Law at Pace University explains how to deal with a statute that is facially neutral but has a disparate impact with respect to a class that has a heightened review. Some key takeaways... Impact + Intent triggers the need for heightened reviewA law that is facially neutral but has a disparate impact and discriminatory intent as to sex triggers intermediate scrutinyA law that is facially neutral but has disparate impact and discriminatory intent as to race triggers strict scrutinyDiscriminatory inte...
2019-04-16
15 min
Law to Fact
How to Interpret Statutes
In this episode…Michael Morley, Assistant Professor of Law at Florida State University College of Law explains with precision how to interpret a statute using one of the three methods employed by members of the court depending on their own interpretive bent; textualism, intentionalism and purposivism. Some key takeaways...Textualists uses semantics and canons of construction to identify the meaning of the text of the statute.Inentionalists consider what those adopting the statute intended to the statute to meanPurposivists look to the purpose of the statute. About our guest…
2019-04-11
40 min
Law to Fact
The Equal Protection Clause and Suspect Classes
In this episode…Dean Emily Gold Waldman of Pace Law School explains how to analyze a con law question concerning the Equal Protection Clause and Suspect Classes. Some key takeaways...Race-based governmental classifications trigger strict scrutinySex-based governmental classifications trigger intermediate scrutinyMost other governmental classifications trigger rational basis reviewAbout our guest...Dean Emily Gold Waldman joined the Pace faculty in 2006, after clerking for the Honorable Robert A. Katzmann, Chief Judge of the United States Court of Appeals for the Second Circuit. At Pace, she teaches Con...
2019-04-09
32 min
Law to Fact
Students Share their Moot Court Experience
In this episode... Rob Veech and Melanie Franco, 3Ls at the Elisabeth Haub School of Law, discuss their moot court experiences and offer tips.Some key takeaways...Ask a non-laywer to moot you. If the they understand your argument you are good to go.Know the date and jurisdiction of every case you cite in your brief.Practice, Practice, Practice.Have fun!!!About our guests...Melanie Franco is currently a 3L studying environmental law, and will be clerking for a tax court judge after graduation. During law sc...
2019-04-02
18 min
Law to Fact
Relieving Anxiety Before Moot Court...or Real Court!
In this episode… Professor Heidi K. Brown, Director of Legal Writing and Associate Professor of Law shares tips for success during Moot Court. Some key takeaways are: Trust yourselfDon’t overprepareTake a power stance! andBefore you begin, repeat her four part mantra! About our guest…Professor Heidi K. Brown is the Director of Legal Writing and Associate Professor of Law.She is a prolific scholar and author on the importance of legal writing, she has published four books on predictive and persuasive legal writing and...
2019-03-26
26 min
Law to Fact
Professional Responsibility: Client Conflicts of Interest
In this episode Dean Jill Gross, Associate Dean for Academic Affairs explains one of the most tested subjects of Professional Responsibility, how to identify attorney-client conflicts of interest. Dean Gross highlights what she defines as the three different types of conflicts of interest and then offers an excellent analytical tool for determining when potential conflicts exist and evaluating the severity of the conflict.Some key takeaways are(1) Client conflict can be divided into three categoriesa. Those that do not rise to the level of conflict for ethical purposes b. Those that are serious enoug...
2019-03-19
26 min
Law to Fact
Why You Should Take A Clinic While in Law School
In this episode, Professor Jason Parkin, Professor of Law at the Elisabeth Haub School of Law at Pace University explains the benefits of participating in a law school live client clinic. Some key takeaways are: Clinics allow law students the opportunity to "be the lawyer" and represent clients in courtrooms and other legal settings.Clinics give students an opportunity to see whether they like litigation.In clinics the students is the lawyer, in externships the student works for the lawyer.Most schools offer a multitude of clinics and are available to students after their first year of...
2019-03-12
36 min
Law to Fact
Sunny Hostin on Using a Law Degree in Non-Legal Occupations
In this episode, Sunny Hostin, co-host of ABC TV's The View, explains the benefits of legal education to occupations outside the law. She describes how her legal training informs discussions on her panel talk show and makes clear why a law degree is a valuable tool for any argument, legal or otherwise. It's an informative discussion that gives insight into how legal training can assist in disagreements outside of the law. The discussion includes an insight into how Sunny's legal experience informs decisions on which hot-topics View panelists discuss. Listen for her take on why she thought it best to pa...
2019-03-05
26 min
Law to Fact
Rachel Gezerseh offers concrete tips for securing your dream job
In this episode, Lawyer, Author, Blogger and adjunct professor Rachel Gezerseh shares her secrets to securing a dream job or internship. In this episode, Prof. Gezerseh explains the Dark Job Market, and explains how to use networking to leverage a career. She describes how she turned her law school experience at an unranked law school into a Big Law job with Jones, Day. Her best advice: network, network, network. And, as you will hear in this episode, Prof Gezerseh is true to her word, inviting any of our dear listeners to connect with her on LinkedIn and in return, she...
2019-02-26
29 min
Law to Fact
Illegal Searches: Technology, Privacy, and the Fourth Amendment
In this episode, Prof. David Dorfman, Professor of Law at the Elisabeth Haub School of Law, explains how to answer a question concerning the right to search and seizure. Professor Dorfman explains the history of the Fourth Amendment and walks us through the relevant case law. The discussion ends with a clear explanation of how to answer a law school exam question concerning police investigation of a GPS system.
2019-02-19
40 min
Law to Fact
Copyright Law and the Fair Use Doctrine
In this episode, Brian L. Frye, Spears Gilbert Professor of Law at the University of Kentucky explains the Fair Use Doctrine. Prof. Frye explains the history of both copyright law and the fair use doctrine and then provides a detailed discussion of how students might evaluate a fair use question on an exam. About our guest…Brian L. Frye joined the faculty of the College of Law in 2012. He teaches classes in civil procedure, intellectual property, copyright, and nonprofit organizations, as well as a seminar on law and popular culture. Previously, he w...
2019-02-12
39 min
Law to Fact
Mastering Critical Reading to Enhance Academic Success
In this episode Prof. Jane Grisé, author of the book, Critical Reading for Success in Law School and Beyond and Director of Academic Enhancement and Assistant Professor of Legal Research and Writing the the University of Kentucky explains the importance of critical reading and shares her tips for mastering the skill. This easy understandable episode will help any student improve his or her or their grades
2019-02-05
33 min
Law to Fact
The Keys to Success on the LSAT
In this episode, LSAT tutor Steve Schwartz, author of the LSAT BLOG, Host of the LSAT Pros Podcast and YouTube star, shares his tips for success on the LSAT. Steve's mission is to help every student see success on the LSAT. As he points out, just one point improvement can translate it to additional scholarship dollars. Steve explains the key strategies to a high LSAT score and shares his advice on when you should and you shouldn't cancel your score. Check out his blog for "lost of free stuff" on LSATblog.blogspot.com
2019-02-02
27 min
Law to Fact
Planning for the Bar Exam as a 1L, 2L and 3L
In this episode, Bob Cohen, Northeast Director of Themis Bar Review, explains what law students need to know about the Bar Exam during their first, second and third year of law school, and objectively shares what he thinks students should consider when choosing a commercial bar prep course. The good news for 1Ls --- do nothing but take your classes!
2019-01-29
31 min
Law to Fact
Top Tips for Answering Multi-State Bar Questions with Success
In this episode, Chris Fromm, Executive Director of Institutional and Supplemental Programs for Kaplan Bar Review shares his tips for passing the MBE portion of the bar. Professor Fromm has passed the bar exam in Pennsylvania, New York, New Jersey, Colorado, Arizona, Oregon and Hawaii and so he really knows his stuff. He has spent a career dissecting bar exam questions. As Prof Fromm points out, "Hope is not a strategy," and in this episode, he shares real concrete steps you can take to make sure you are ready for the bar. (like students who do all the work assi...
2019-01-22
35 min
Law to Fact
Time Management: The Key to Bar Prep Success
In this episode, Kerriann Stout, CEO of Vinco Bar Exam Coaching discuss her tips for stress and time management while studying for the bar. Right from the outset, suggests that you start thinking about studying for the bar a month before you even begin to study and most importantly, create a time management plan that allows you to take 3,000 (yes three thousand) practice MBE questions before you sit for the bar. Vinco creates customized bar review plans to help their students pass the bar exam with less stress and more confidence. To reach out to Kerriann or t...
2019-01-15
21 min
Law to Fact
Taking the Bar for the Second Time
In this episode, Sean Silverman, President and CEO of Silverman Bar Prep discusses his strategies for taking the bar for the second time. He points out that sometimes 2 months just isn't enough time to pass the bar, and for those who need a bit more study time, the second time around is a success. Sean is willing to touch base with anyone who has questions or concerns or just needs a quick pep talk. You can reach Sean via his website, http://mbetutorial.blogspot.com/
2019-01-08
20 min
Law to Fact
Social Media Strategies for Law Students
In this episode, Professor Thaddeus Hoffmeister, Professor of Law at the University of Dayton School of Law and noted television and radio commentator, explains how a well tailored social media presence can enhance your career search. Professor Hoffmeister discusses the various social media platforms, and provides shares methods you can employ to increase your post-law school employment opportunities!
2018-12-18
32 min
Law to Fact
My Top Ten Tips for Success on Law School Exams
In this episode I quickly rattle off my top ten tips for success on law school exams. It's a down and dirty review. Wishing you the best on all your exams and a happy holiday season.
2018-12-04
12 min
Law to Fact
Personal Jurisdiction
In this episode Dean Emeritus and Professor of Law, Michelle Simon explains Personal Jurisdiction. In addition to walking us through the different aspects of the issue, Dean Simon lays out a no-fail way to answer personal jurisdiction questions you may face on an exam. Hint: Read the questions very very carefully!
2018-11-28
26 min
Law to Fact
What Professors Expect to See on Exams ... and how to prepare for them!
In this episode I speak with Prof. Laurie Zimet, Director of Academic Support at UC Hastings, who shares with us the mindset of professors when they are grading exams, as well as some key exam tips. Prof. Zimet explains that professors are grading on the ability to analyze, rather than a mastery of memorization and gives key tips, including preparing yourself for distractions that will occur when you are in the exam room by taking one practice exam in a crowded cafe -- what I call a Tiger Woods approach to taking exams!
2018-11-27
31 min
Law to Fact
The Best Evidence Rule
In this episode, Professor I. Bennett Capers, Professor of Law, the Stanley A. August Professor of Law at Brooklyn Law School, explains the Best Evidence Rule, a rule that is not widely popular but is ALWAYS on the Bar Exam. Professor Capers explores the history of the rule, the reasons for the rule and how a question about the rule might appear on an exam.
2018-11-20
21 min
Law to Fact
Criminal Law: Justification and Self Defense
In this episode, Professor Luis Chiesa, Professor of Law, University of Buffalo School of Law explains the difference between justification and self-defense, and explores the nuances of self-defense and defense of others. This podcast is particularly helpful to students who will face a self-defense question on their law school exams; toward the end of the episode Prof. Chiesa provides in great detail, the keys to mastering a self-defense question.
2018-11-13
27 min
Law to Fact
Criminal Law: The Mistake of Law Defense
In this episode Professor Thomas McDonnell, Professor of Law at the Elisabeth Haub School of Law explains the Mistake of Law defense. Professor McDonnell begins by noting that ignorance of the law is never a defense to a crime, but then highlights three instances in which defendants can successfully avoid conviction based on his misunderstanding of the law with which they are charged; (1) if the legislature creates a mistake of law defense (2) If the law changes ex post facto and (3) if denying the defense would be a violation of fundamental fairness.
2018-11-13
30 min
Law to Fact
Coping with Law School Stress
In this episode I speak with three experts on stress and how to cope with it. Professor Rachel Gurvich of Univ. of North Carolina shares her tips for helping students through the stressful law school exam period. Follow Prof. Gurvich @rachelgurvich for continued law school tips and encouragement. Suze Yalof Schwartz, Founder and CEO of Unplug Meditation shares her "16 second to calm" meditation, an essential tool for dealing with stress in real time. Finally, Dean Angie D'Agostino, Dean of Students and the Elisabeth Haub School of Law at Pace University normalizes stress expectations among law students and discusses when stud...
2018-11-06
20 min
Law to Fact
Analyzing the Reasonableness of Duty and Proximate Cause
In this episode, Professor Noa Ben-Asher, Professor of Law at the Elisabeth Haub School of Law explains how to evaluate the reasonableness of negligence from a theoretical viewpoint. This episode provides listeners with a framework for analyzing duty and proximate cause in the context of justice. Professor Ben-Asher explains that students must understand and consider whether justice would be served by finding a particular defendant negligent. Together we discuss three theories of justice; distributive justice, corrective justice, and economic justice, and test these theories against traditional tort cases. This episode provides tort students with a deep understanding of negligence elem...
2018-10-30
26 min
Law to Fact
Wills: When a Beneficiary Predeceases the Testator
In this episode Prof. Bridget Crawford, Hopkins Professor of Law at the Elisabeth Haub School of Law discusses the implications of a will when a beneficiary dies after the testator. The discussion explores the consequences under both the common law and Uniform Probate Code.
2018-10-23
12 min
Law to Fact
Landlord - Tenant Law
In this episode, Professor Paula Franzese, the Peter W. Rodino Professor of Law at Seton Hall University School of Law explains the rights and obligations of landlords and tenants. Pay particular attention to the end of the conversation where she provides universal tips for answering law school exams.
2018-10-09
29 min
Law to Fact
Homicide
In this episode, Prof. Audrey Rogers discusses the various types of homicide. She explains how homicide labels (murder, manslaughter) are tied to punishment rather than intent, and explains the various types of homicide available to prosecutors. Prof. Rogers provides concrete examples of the various types of intent and reminds students that the key to success on a criminal law exam is to read the language of the statute as homicide statutes vary from state to state!!
2018-10-02
24 min
Law to Fact
Contesting a Will
In this episode, Prof. Bridget Crawford, James D. Hopkins Professor of Law at the Elisabeth Haub School of Law at Pace University discusses her fail-proof acronym for challenging a will on an exam, on the bar or in practice! Just use FIDO PPD and you are set for success. About our guest…Professor Bridget J. Crawford teaches Federal Income Taxation; Estate and Gift Taxation; and Wills, Trusts and Estates. Her scholarship focuses on issues of taxation, especially wealth transfer taxation; property law, especially wills and trusts; tax policy; and women and the law. Pr...
2018-06-29
23 min
Law to Fact
Mortgages
In this episode, I speak with Professor John Nolon, Elisabeth Haub School of Law, nationally recognized as the Director of the Elisabeth Haub School of Law Land Use Law Center. Prof. Nolon discusses mortgages. After an astute explanation of the levels of analysis necessary to understand mortgages, Prof. Nolon and I discuss how this topic, and property class in general, fits into the broader picture of educating first-year law students. John R. Nolon is Distinguished Professor of Law at the Elisabeth Haub School of Law at Pace University where he teaches property, land use, dispute resolution, a...
2018-03-14
32 min
Law to Fact
Marbury v. Madison
In this episode, Professor Karl Coplan, Elisabeth Haub School of Law, explains Marbury v. Madison. Prof. Koplan has a particular insight into the workings of the Supreme Court having clerked for Justice Warren Berger. And, true to his commitment to environmental law, Prof. Koplan is working hard to leave a zero carbon footprint, kayaking to school. Look for an easter egg around 16:45!Professor Karl S. Coplan has been a Professor and Associate Professor of Law at Pace Law School and director of Pace Environmental Litigation Clinic since 1994. Prior to joining the Pace faculty, he...
2018-02-28
22 min
Law to Fact
Common Law Contracts: Parol Evidence and Extrinsic Evidence
This episode provides an overview of the parol evidence rule and extrinsic evidence. The Parol Evidence rule is a substantive rule that regulates the introduction of evidence in a lawsuit challenging the existence of a particular term in a contract. it prevents parties from introducing evidence of prior oral or written agreements or contemporaneous oral agreements that contradict a term in a written contract. The purpose of this rule is to prevent fraud at trial. The episode also discusses extrinsic evidence, which is outside evidence used to explain a term.As always, if you have any...
2018-02-13
11 min
Law to Fact
The Erie Doctrine
In this episode, we discuss the Erie Doctrine with Michael Mushlin, Professor of Law at the Elisabeth Haub School of Law. Professor Mushlin walks us through "the house of Erie" and explains the steps in analyzing an Erie Problem that students might see in an exam. It's a fun conversation that helps you understand and appreciate Erie in a way you probably hadn't before. About our Guest:Professor Michael B. Mushlin teaches Civil Procedure, Evidence, and Prisoners' Rights at the Elisabeth Haub School of Law at Pace University. He is the author...
2017-12-26
28 min
Law to Fact
UCC Article 2 Damages and Damages Formulas
In this episode, we provide an overview of the UCC Damage formulas, including "lost volume sellers," cover damages and the formula for breach of warranty and explain when to use these formulas on an exam. -As always, if you have any suggestions for an episode topic, please let us know!You can email leslie@lawtofact.com or tweet @lawtofact.-Find us on Twitter, Instagram, and Facebook!Review us on iTunes, your opinion matters!-Want to stay updated on all things Law to Fact?Join our mailing list...
2017-12-26
18 min
Law to Fact
UCC Article 2 Terms Including Warranties and Delivery Terms
In this episode, we review most of Article 2 Chapter 3 of the Uniform Commercial Code (UCC). This podcast includes a discussion of gap fillers, warranties, and delivery terms and highlights instances in which you might see this provisions on an exam.-As always, if you have any suggestions for an episode topic, please let us know!You can email leslie@lawtofact.com or tweet @lawtofact.-Find us on Twitter, Instagram, and Facebook!Review us on iTunes, your opinion matters!-Want to stay updated on all things Law to Fact?
2017-12-26
15 min
Law to Fact
Torts: Negligence; Causation
This episode provides an overview of both factual and legal causation. We end with an analytical framework and strategy for attacking the causation element of negligence on a law school exam.-As always, if you have any suggestions for an episode topic, please let us know!You can email leslie@lawtofact.com or tweet @lawtofact.-Find us on Twitter, Instagram, and Facebook!Review us on iTunes, your opinion matters!-Want to stay updated on all things Law to Fact?Join our mailing list by visiting www.LawToFact...
2017-11-28
15 min
Law to Fact
Contracts: Consideration
This episode reviews the common law consideration. The episode discusses the rules and relevant case law necessary to understand consideration and ends with an analytical framework and strategy for discussing consideration on a law school exam.Key Takeaways:Consideration is giving up something of value in exchange for a promise.One form of consideration if giving up something you are not legally to give up, e.g. giving up alcohol if you are over 21.Consideration is required (along with offer and acceptance) to create a legally binding contract.Past acts can't support consideration.-...
2017-11-28
07 min
Law to Fact
Torts: Intentional Torts to Person
This episode reviews the following intentional torts to the person: BatteryAssaultFalse Imprisonment Intentional Infliction of Emotional Distress (IIED)The episode begins with an explanation of intent and then discusses the rules and relevant case law necessary to understand each of the four intentional torts to the person. We end with an analytical framework and strategy for attacking these torts on a law school exam.-As always, if you have any suggestions for an episode topic, please let us know! You can email leslie@lawtofact.com or tweet @lawtofact. -Find us on...
2017-11-28
16 min
Law to Fact
Intentional Torts to Property
This episode reviews intentional torts to property: Trespass to LandTrespass to Chattels Conversion. The episode discusses the rules and relevant case law necessary to understand each of the three intentional torts to property and details their similarities and differences. We end with an analytical framework and strategy for attacking these torts on a law school exam.-As always, if you have any suggestions for an episode topic, please let us know!You can email leslie@lawtofact.com or tweet @lawtofact.-Find us on Twitter, Instagram, and Facebook!Review us on...
2017-11-28
12 min
Law to Fact
UCC Article 2 Contract Formation (Including Battle of the Forms)
This episode provides an overview of contract formation under Article 2 of the Uniform Commercial Code (UCC). The episode discusses offer, acceptance, firm offer and "battle of the forms." We end with an analytical framework and strategy for attacking contract formation on a law school exam.-As always, if you have any suggestions for an episode topic, please let us know!You can email leslie@lawtofact.com or tweet @lawtofact.-Find us on Twitter, Instagram, and Facebook!Review us on iTunes, your opinion matters!-Want to stay updated on...
2017-11-28
17 min
Law to Fact
Torts: Negligence; Duty
This episode provides a brief overview negligence reviews the duty element of negligence. The episode discusses the rules and relevant case law necessary to understand when the law creates a duty, breach of which can lead to liability. We end with an analytical framework and strategy for attacking negligence and duty on a law school exam.-As always, if you have any suggestions for an episode topic, please let us know!You can email leslie@lawtofact.com or tweet @lawtofact.-Find us on Twitter, Instagram, and Facebook!Review us on iTunes...
2017-11-28
09 min