Expense is a significant factor in any litigation. In deciding whether a judicial remedy is worth pursuing, parties must consider the cost of obtaining that remedy. The "American Rule" provides that parties to a lawsuit ordinarily pay their own attorney's fees, unless a statute or contract provides that fees can be shifted to the opponent. As it is fundamental to the litigation landscape, you may have touched on this doctrine in a number of your law school classes.
Read moreThis lesson is the first of several addressing the various relationships resulting in the concurrent ownership of property. It is designed to introduce Property students to this tenancy form. The tutorial progresses from addressing the traditional unities required to create a joint tenancy, the resulting right of survivorship, and the numerous events severing the tenancy. Also, it addresses the status of joint tenancy under modern statutes.
Read moreThis lesson is an introduction to the Rule 144 safe harbor exemption for resales of securities. It discusses the basic conditions under which both affiliates and non-affiliates may resell securities without Securities Act registration. Before working through this lesson, students should have a basic understanding of the registration requirement of the Securities Act of 1933 and the restrictions in section 5 of that Act. The lesson provides links to the relevant regulatory provisions, but you might find it helpful to have your own copy of Rule 144.
Read moreThis lesson focuses upon the requirements that claims of adverse possession must be exclusive, continuous (without interruption), and that the possessor must satisfy all elements of the adverse possession standard for the applicable statutory period.
Read moreThis is the first in a series of lessons on the topic of "Compensatory Damages." It is designed as an "Introduction" to the overall concept of "compensatory damages" as well as to the key terminologies that are typically associated with these types of damages. For beginning students, this Lesson should be completed first, before proceeding to any other Lessons that address more complex damages issues, as it contains a thorough presentation of the various terminologies and concepts that are unique to this specialized area of the law.
Read moreThis lesson reviews the process of tracing wrongfully diverted money or property through a series of exchanges. Students are expected to have a basic familiarity with in-specie remedies such as replevin and constructive trust. The lesson provides problems for students to consider practical evidentiary issues in locating and proving the identity of property and to practice the application of rules for tracing funds into and out of commingled accounts. The lesson will be most useful for review by students in remedies, debtor-creditor or bankruptcy courses.
Read moreThis lesson provides an overview of both criminal and civil contempt. It includes both direct and indirect contempt, as well as compensatory civil contempt and coercive civil contempt. It covers the differences among these types of contempt in their function and procedures and explores why it is important to distinguish among them.
Read moreAt common law, in order for a contract to be binding on the parties, the terms must be sufficiently definite or the contract will fail. This lesson explores the boundaries of the doctrine of indefiniteness.
Read moreThis exercise is designed to give you a good working familiarity with the fixtures provisions of Revised Article 9.
Read moreIn this lesson, you are presented with a hypothetical defamation case and instructed to compose a complaint for a diversity action in federal court.
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