2L-3L Upper Level Lesson Topics

This lesson focuses on distribution of property that has already been identified and valued. Before beginning the lesson students should have a general understanding of the differences between common law and community property systems. They should also be aware of the basic distinction between marital and separate property. This lesson may be used either as an introduction to the distribution of property at divorce or as a refresher that tests a student's understanding of this subject.

This lesson provides an introduction to one of the Copyright Act's section 106 exclusive rights, the distribution right.

This lesson introduces the doctrine of equivalents, which permits a finding of patent infringement where the accused structure or process does not literally infringe, but differs only insubstantially from the claimed structure or process.

In this lesson, you will learn about the application of the Double Jeopardy Clause to criminal prosecutions. You will consider such topics as the attachment of jeopardy, the definition of "same offense," and the dual sovereignty doctrine.

This exercise reviews some substantive principles of contract law and demonstrates the application of that substance to the process of drafting. The exercise begins with a form contract that the user must rewrite to suit the needs of the client. On completion, the user has reviewed applicable principles from both the common law and the U.C.C. In addition, the user has learned principles of drafting that can be applied either to revision of a form or to drafting from scratch.

A large percentage of litigation arising out of contracts results from poor drafting. In order to eliminate this litigation, it is imperative that students and legal professionals master good drafting skills. One of the most important aspects of drafting a contract is the operative language--language that affects legal relationships. This lesson is designed to introduce law students to operative language commonly used in drafting contracts, in particular, language of obligation (shall), language of authorization (may) and language of condition precedent (must).

This lesson covers the historical evolution of Congress's authority to enact legislation pursuant to the Commerce Clause. Congress's contemporary Commerce Clause authority is covered in a separate lesson.

This lesson explores the many uses of the doctrine of election of remedies. Students will discover that attorneys will invoke the doctrine of election of remedies to enforce statutory or contractual exclusivity of remedy; to require plaintiffs to be bound by their intentional choice; to protect defendants from prejudice due to their detrimental reliance on plaintiff's actions; to eliminate double recovery for the same wrong; or to eliminate splitting and relitigation of claims. By working through the problems in this lesson, students will become familiar with the many different purposes of the doctrine and recognize the overlap with other remedial doctrines, such as waiver, estoppel, laches, and res judicata.

This exercise is designed for use in conjunction with any Federal Courts, Federal Jurisdiction, or Civil Rights course that covers the Eleventh Amendment. The exercise takes the student through attempts to bring a federal lawsuit to rectify substandard conditions at a home for the mentally ill.

When an employer breaches an employment contract, the employee might seek any of several different types of remedies. In general, it will be difficult (if not impossible) for the employee to obtain injunctive relief against the employer. As a result, most of the litigation focuses on damages and the level of recovery that an employee might obtain against a breaching employer. This lesson focuses on the employee damage remedy, and is intended for students who have studied these issues in class and wish to refine their knowledge.

This lesson focuses on employee injunctive remedies against an employer. The issues raised by this lesson arise in a variety of different contexts, involving both low-level employees and famous individuals. They also involve various types of injunctive requests (e.g., attempts to enforce contracts, as well as for defamation). This lesson is intended for students who have studied these issues in class and wish to refine their knowledge.