This lesson focuses on the distinctions between justification and excuse defenses. Many of the major legal scholars and commentators have distinguished justification and excuse defenses. However, the modern view often blurs the distinction. This lesson points out the principal theoretical distinctions as well as the areas of substantial confusion or controversy with respect to classification, both at common law and under the Model Penal Code. The exercise also describes those circumstances in which classification one way or the other makes a difference.
Read moreThis lesson reviews the material covered in the second part of Chapter 1 of the CALI eLangdell casebook, Statutory Law: A Course Source.
Read moreThis lesson addresses theories of statutory interpretation and accompanies Chapter 3 of the CALI eLangdell casebook, Statutory Law: A Course Source.
Read moreThis exercise is in three parts. First, the student surveys the basic law of preclusion (both claim preclusion and issue preclusion) to test and to solidify understanding of the area. The questions explore the elements of the doctrines, such as the requirements of a final judgment and necessary decision of an issue, as applied to various fact situations. Hypertext is available at all times for quick review or checking of the elements. The second part of the exercise becomes more complex as it turns to heavy emphasis on the policies behind issue preclusion. The student analyzes each fact situation from two perspectives: Blackletter Bart, who takes a rule-bound approach to issue preclusion, and Functional Felicia, who takes a policy-oriented approach to issue preclusion. Third, the student answers questions developing the abandonment by the courts of the requirement of mutuality for issue preclusion. Both defensive collateral estoppel and offensive collateral estoppel, from the perspectives of both the plaintiff and the defendant, are analyzed.
Read moreThis lesson presents an overview of unconscionability as a defense to contract formation or to particular clauses in the contract.
Read moreThe goal of this lesson is to take the user systematically through UCC Article 2. The lesson accomplishes this goal by having the user study a contract for the sale of goods. The concepts of Article 2 are thereby seen in the practical setting in which they are applied. Conversely, study of the contract reveals the source of each of the included provisions in the law. The user becomes familiar with the default rules and how those rules might be changed on behalf of a client. The user finishes with knowledge of the Code and how the Code may be applied in practice when drafting a contract.
Read moreWhen the court awards money damages for breach of contract, it generally measures the damages by what is called the expectation measure or the expectancy. Referring to Hawkins v.
Read moreThis lesson is part of a series of lessons that examines contract remedies. It discusses a breach by the buyer.
Read moreFor better understanding, you should run this lesson after you complete the lesson Contract Tutorials on Remedies - UCC Damage Rules for Buyers.
Read moreThis lesson is part of a series that deal with contracts remedies. While proving the damages, a plaintiff has to prove damages with "reasonable certainty." This lesson explores that principle. The author discusses main concepts that explain the term "reasonable certainty" (the "new business rule", "traditional rule" and "current rule"). Examples of liberalization of the proof requirements for damages in the UCC and in the area of "psychic losses" are also covered.
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