Discovery is the court-related process during litigation through which the parties exchange information relevant to the dispute, including "documents" and "things." In 1970, the rule was amended to add "data compilations." As digital methods of communication and data storage became increasingly common, the discovery rules changed again. They now include a separate category called "electronically stored information" (ESI).
Read moreA plaintiff who voluntarily assumes a risk of harm cannot recover for the negligent or reckless conduct that causes the harm: that is known as assumption of risk. It is a complete defense. This lesson explores the defense, which together with contributory negligence has been part of negligence law for more than a century-and-a-half. The border between the two classic negligence defenses is sometimes confusing, so questions navigate the differences. Also, the lesson considers the continuing vitality of the defense of assumption of risk when contributory negligence is rapidly being replaced by comparative negligence.
Read moreThis lesson teaches you about the operation of Marketable Title Acts which are also known as Marketable Record Title Acts. The focus is on statutes based on the Model Act. You should already be familiar with recording acts before attempting this lesson.
Read moreThis lesson provides an introduction to voting trusts and voting agreements -- what they are, how they work, and why you might choose one over the other.
Read moreThis lesson is concerned with the liability of occupiers of premises to trespassers on those premises. It begins by considering who is a trespasser for these purposes, before moving on to consider the content of the duty owed by occupiers to trespassers. The special case of child trespassers is given special consideration.
Read moreThis lesson, intended for incoming and current 1L law students, guides participants through the process of note-taking in law school classes with a focus on case-based information. Using a series of cross-doctrinal audio lecture examples and integrating periodic checks for understanding, students have the opportunity to develop their note-taking skills and practice categorizing the pieces of case-based information. This lesson is equally suitable for full-time, part-time, evening, or remote law students.
Read moreThis lesson is designed to help the student determine the scope of protection given to a trademark. It is designed to supplement material that has been covered in the trademark law course. The determination of the scope of a mark's protection is helpful in the initial selection of a trademark, the trademark registration process, and the enforcement of the trademark. The student will review the concept of related goods by investigating the scope of trademark protection in several scenarios. Students should be familiar with how to select a trademark, register a trademark, and apply the likelihood of confusion test.
Read moreThis lesson introduces the rules governing trademark assignments and licenses under common law and the Lanham Act. It may be used either as review or as the initial introduction to the topic.
Read moreThis lesson introduces you to the so-called "formal" process for making administrative rules and regulations.
Read moreIn addition to the limitations imposed upon interrogations by Miranda, the Due Process Clause of the Fourteenth Amendment and the Sixth Amendment right to counsel also constrain law enforcement authority in the interrogation context. This lesson will discuss those additional constitutional limitations. Although it isn't necessary to have mastered the Miranda limitations at this point, some familiarity with those standards will be helpful.
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