Jury Selection and the Role of the Jury: Chapter Chapter 2: Composition and Function of Juries

Chapter 2: Contract Formation Contract formation is the initial and crucial stage where parties create legally binding obligations. Key elements of contract formation: offer, acceptance, and consideration. Understanding these elements is essential to avoid defects that can render a contract unenforceable. 2.1 The Offer An offer is a fundamental component in the formation of a contract. It is a proposal made by one party (the offeror) to another (the offeree), indicating a willingness to enter into a legally binding agreement on specified terms. Definition and Elements of an Offer For an offer to be legally valid, it must include: Intent to Be Bound: The offeror must intend to create a legal obligation. Definiteness and Certainty: The terms of the offer must be clear and specific enough to be enforceable. Communication to the Offeree: The offer must be communicated to the offeree, allowing them to accept or reject it. Communication of the Offer The offer must be communicated to the offeree to be effective. This communication can be made in various forms—written, oral, or by conduct—and is effective once it reaches the offeree. Intent to Be Bound An offeror must intend to create a legal obligation and be bound by the terms of the offer upon acceptance. This intent is assessed objectively based on how a reasonable person would interpret the offeror's words and actions. Definiteness and Certainty The offer must be clear enough so that the terms can be understood and enforced by a court. This includes specifying the parties involved, the subject matter, the price, and the time of performance. Duration and Termination of Offers Offers do not last indefinitely. They can be terminated by: Revocation: The offeror withdraws the offer before it is accepted. Rejection: The offeree declines the offer. Counteroffer: The offeree proposes a different deal, which terminates the original offer. Lapse of Time: The offer expires after a reasonable time or a specified duration. Death or Incapacity: The offeror or offeree dies or becomes legally incapacitated before acceptance. Destruction of Subject Matter: The subject of the offer is destroyed before acceptance. 2.2 Acceptance Acceptance is the offeree’s assent to the terms of the offer, resulting in a binding contract. It must be unequivocal and communicated to the offeror. Definition and Elements of Acceptance Acceptance must meet the following criteria: Unconditional and Unequivocal: The acceptance must match the terms of the offer exactly. Communication to the Offeror: Acceptance must be communicated to the offeror unless the offer specifies otherwise. Timing of Acceptance: Acceptance must occur within the timeframe specified by the offer or within a reasonable period. Methods of Acceptance The method of acceptance can be specified by the offeror or, if unspecified, can follow reasonable norms given the circumstances. Common methods include: Express Acceptance: Verbal or written communication of acceptance. Implied Acceptance: Conduct that clearly indicates acceptance, such as beginning performance of the contract. Silence as Acceptance: Generally, silence is not acceptance unless the offeree's previous conduct or the nature of the transaction justifies such an interpretation. The Mirror Image Rule Under the mirror image rule, the terms of the acceptance must exactly match the terms of the offer. Any deviation constitutes a counteroffer, not an acceptance. Communication of Acceptance Acceptance must be effectively communicated to the offeror, adhering to any specified methods. If the method is not specified, acceptance can be communicated through any reasonable means under the circumstances. 2.3 Consideration Consideration is what each party gives up to support the promise of the other. It is the exchange of value that makes a contract legally enforceable. --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/message Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

Chapter 1: Introduction to Property Law Definition and Scope Property Law governs the various forms of ownership and tenancy in real property (land) and personal property (movable items). This area of law is foundational in the legal system because it establishes the framework for the allocation, use, and transfer of resources and assets. Understanding property law is crucial for both personal and professional contexts, as it affects rights and duties related to land, homes, personal belongings, and intellectual property. Real Property: Concerns land and things permanently attached to land, like buildings. Personal Property: Includes movable items and intangible rights, such as vehicles, furniture, and stocks. Scope: Property law's scope extends from the regulation of land use and ownership to the protection of personal property and intellectual property rights. It encompasses a range of issues including, but not limited to, property acquisition, rights of possession, land use controls, landlord-tenant relationships, and real estate transactions. Importance in Legal Practice Property law is integral to numerous areas of practice. For example: Real Estate Law: Deals with transactions and disputes over real property. Landlord-Tenant Law: Covers leasing and rental arrangements. Intellectual Property Law: Protects creations of the mind like inventions and literary works. Estate Planning: Involves managing the distribution of an individual’s property after death. Understanding property law is essential for legal professionals as it often intersects with other areas of law, including contract law, tort law, and family law. Effective management and dispute resolution related to property are critical skills for attorneys. Overview of Key Concepts Key concepts in property law include: Possession: The control or occupancy of property, which can be actual (physical control) or constructive (legal right to control). Ownership: The ultimate right to enjoy, use, and dispose of property. Ownership can be divided among multiple parties or entities. Estates in Land: Different interests a person can have in land, ranging from full ownership (fee simple) to temporary interests (leasehold estates). Concurrent Ownership: Shared ownership between two or more parties, which can take various forms such as joint tenancy or tenancy in common. Transfer of Property: Legal mechanisms for changing ownership, including sales, gifts, and inheritance. Land Use Controls: Regulations that govern how land can be used, including zoning laws and environmental restrictions. Landlord and Tenant Law: Rules governing the rental of property, including rights and responsibilities of landlords and tenants. Real Estate Transactions: The process of buying, selling, and financing real property. Intellectual Property: Legal protections for creations of the mind, such as inventions, literary works, and trademarks. These concepts will be elaborated on in the subsequent chapters, providing a comprehensive understanding of property law and its application in various contexts. --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/message Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

Summary of Chapter One: Introduction to Criminal Law. Chapter One provides a foundational overview of criminal law, explaining its purpose, sources, and key concepts. Here's a summary of the essential points covered in this chapter: Overview of Criminal Law. Criminal law is a critical component of the legal system that defines behaviors prohibited by law and prescribes punishments for those who engage in these behaviors. It serves to maintain public order, protect individuals, and deliver justice. Criminal law differs from civil law, which deals with disputes between individuals or organizations, focusing instead on offenses against society as a whole. Sources of Criminal Law. Criminal law in the United States is derived from multiple sources: Statutory Law: The primary source of criminal law, consisting of statutes enacted by federal, state, and local legislatures. These laws precisely define what constitutes criminal behavior and specify the penalties for these acts. Federal statutes address crimes that affect national interests, while state and local statutes cover a broad range of offenses within their respective jurisdictions. Common Law: Historically significant and still influential, common law is developed through judicial decisions and precedents rather than written statutes. It provides interpretive principles and fills in gaps where statutes may be silent or ambiguous. Common law is based on centuries of legal traditions and judicial rulings. Constitutional Law: Fundamental rights and protections in criminal law are enshrined in the U.S. Constitution and state constitutions. Key amendments, such as the Fourth, Fifth, Sixth, and Eighth Amendments, provide protections against unreasonable searches, ensure due process, and guarantee the right to a fair trial, among others. Administrative Law: Encompasses rules and regulations created by governmental agencies to enforce statutory mandates. Violations of these regulations can lead to criminal charges, particularly in areas like public health, safety, and environmental standards. Model Penal Code (MPC): Although not binding, the MPC serves as a guideline for drafting and revising criminal statutes. Developed by the American Law Institute, it aims to standardize and modernize criminal law across states, providing clear definitions and rational principles for criminal liability. Key Concepts and Definitions. Crime: Defined as an act or omission that violates a law prohibiting or commanding it, with a prescribed punishment. Crimes are classified based on their severity into felonies (serious offenses like murder), misdemeanors (less severe offenses like petty theft), and infractions (minor violations like parking offenses). Punishment: The legal consequence imposed on those found guilty of committing a crime. Punishments vary from fines and community service to imprisonment and the death penalty, each serving different purposes like deterrence, retribution, incapacitation, and rehabilitation. Prosecution and Defense: The prosecution represents the government, aiming to prove the defendant's guilt, while the defense seeks to protect the defendant’s rights and challenge the prosecution's case. Both parties play critical roles in the adversarial system, ensuring a fair trial and just outcomes. Beyond a Reasonable Doubt: The highest standard of proof required in criminal trials. To convict a defendant, the evidence must be so convincing that there is no reasonable doubt in the minds of the judge or jury about the defendant's guilt. Mens Rea and Actus Reus: These are the two essential elements of a crime. "Mens rea" refers to the guilty mind or intent, while "actus reus" refers to the guilty act or conduct. Both must usually be present simultaneously for a crime to occur. Defenses: Legal arguments that justify, excuse, or otherwise exonerate the defendant from criminal liability. Defenses can include justifications like self-defense or excuses like insanity, which negate criminal --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/message Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

Summary of Chapter 1: Introduction to Constitutional Law Chapter 1 provides a comprehensive introduction to the U.S. Constitution, laying the groundwork for understanding its pivotal role in American law and governance. It begins with an overview of the Constitution's structure, highlighting the Preamble, seven Articles, and 27 Amendments. The chapter emphasizes the importance of the historical context in which the Constitution was created, discussing its emergence from the weaknesses of the Articles of Confederation and the key debates and compromises of the Constitutional Convention of 1787. It then explores how the Constitution has evolved through amendments and judicial interpretation to meet the needs of a changing society. Key amendments, such as those from the Reconstruction era and the 20th century, have profoundly influenced civil rights and the balance of powers within the federal system. Finally, the chapter delves into various schools of constitutional interpretation—Originalism, Textualism, Living Constitution, Structuralism, Doctrinal Approach, and Pragmatism—each providing a different lens through which judges, especially the Supreme Court, interpret the Constitution. These interpretations are critical in shaping the application of constitutional principles to contemporary legal issues, ensuring the Constitution remains a living, dynamic document guiding American society. --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/message Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

Summary of Chapter 1: Introduction to Civil Procedure Chapter 1 provides a foundational understanding of Civil Procedure, the framework of rules and processes that govern how civil cases are handled in the courts. Here’s a concise overview of the key points covered in this chapter: 1.1 The Lifecycle of a Civil Case A civil case progresses through several distinct stages, each with specific procedural requirements: Filing the Complaint: The plaintiff initiates the lawsuit by filing a complaint that outlines the claims, the facts supporting those claims, and the relief sought. Proper filing includes paying fees and ensuring jurisdiction. Service of Process: The defendant is formally notified of the lawsuit through the delivery of the complaint and a summons, using methods such as personal delivery or mail. Response: The defendant responds by filing an answer, addressing each allegation, or by submitting motions to dismiss the case for various legal reasons. Discovery: Both parties gather evidence through depositions, interrogatories, and document requests to prepare for trial. Pretrial Motions: Parties may file motions to resolve issues before trial, such as a motion for summary judgment, which seeks to decide the case based on undisputed facts. Trial: The case is presented before a judge or jury. Each party presents their evidence and arguments, followed by a verdict. Post-Trial Motions: Parties can file motions to alter the verdict or seek a new trial if there were errors in the trial process. Appeal: Parties may appeal the judgment to a higher court if they believe there were legal errors in the trial. Enforcement of Judgment: The winning party takes steps to enforce the court's judgment, such as garnishing wages or seizing assets. Each stage requires careful attention to procedural rules to ensure the case progresses fairly and efficiently. 1.2 Key Principles in Civil Procedure Several foundational principles ensure the fair and just administration of Civil Procedure: Due Process: Guarantees fair notice and an opportunity to be heard, with cases decided by impartial judges or juries. Jurisdiction: Courts must have the authority to hear a case (subject matter jurisdiction) and to exercise power over the parties involved (personal jurisdiction). Notice and Opportunity to Be Heard: Parties must be informed of legal actions against them and given a fair chance to present their case. Adversarial System: The U.S. legal system relies on parties presenting their evidence and arguments, with a neutral judge or jury deciding the outcome. Zealous advocacy by each party is balanced by procedural fairness. These principles collectively ensure that civil litigation respects the rights of all parties and promotes fair and equitable outcomes. 1.3 Federal vs. State Procedures Civil Procedure differs between federal and state courts, each governed by its own set of rules: Federal Courts: Governed by the Federal Rules of Civil Procedure (FRCP), which provide a uniform framework for handling civil cases involving federal questions or disputes between parties from different states. State Courts: Each state has its own procedural rules, often modeled after the FRCP but with unique variations to address local needs. States also have local rules that may refine procedures further. Understanding these differences is crucial for deciding where to file a lawsuit and how to navigate the procedural requirements of each system. 1.4 Sources of Civil Procedure Law Civil Procedure rules derive from several sources that collectively ensure fair and consistent administration of justice: Constitutional Provisions: The U.S. Constitution and state constitutions provide fundamental rights such as due process and equal protection. Statutes: Laws enacted by Congress and state legislatures outline procedural requirements for civil cases, covering aspects like jurisdiction and trial conduct. Rules of Court: Courts establish detailed procedural rules, such as the FRCP --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/message Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

Chapter 1: Introduction to Tort Law Definition and Purpose of Tort Law Tort law is a branch of civil law that deals with wrongs or injuries caused by one party to another. The primary purpose of tort law is to provide remedies for individuals who have suffered harm due to the actions or omissions of others. Unlike criminal law, which is concerned with punishing offenders and maintaining public order, tort law is primarily focused on compensating victims and restoring them to the position they were in before the tortious act occurred. At its core, tort law addresses a wide range of wrongful conduct, including intentional acts, negligence, and strict liability offenses. It serves several key functions in society: Compensation: Tort law provides a mechanism for victims to receive compensation for their losses, including medical expenses, lost wages, and pain and suffering. Deterrence: By holding individuals and entities accountable for their actions, tort law serves as a deterrent against harmful behavior. Justice: Tort law promotes fairness by ensuring that those who suffer harm due to the wrongful conduct of others have a legal avenue for redress. Social Stability: By providing a peaceful means of resolving disputes, tort law contributes to social stability and the orderly functioning of society. Historical Background and Development The origins of tort law can be traced back to ancient civilizations, where early forms of legal systems provided remedies for personal injuries and property damage. In ancient Rome, for example, the concept of "delict" was used to describe wrongful acts that required compensation. Similarly, early English common law recognized various forms of personal and property wrongs, laying the foundation for modern tort law. The development of tort law has been shaped by centuries of judicial decisions and legislative enactments. In the medieval period, English courts began to categorize tortious conduct into distinct causes of action, such as trespass, nuisance, and defamation. Over time, these categories expanded and evolved to address new types of harm and changing societal needs. In the modern era, tort law has continued to adapt to new challenges and complexities. The rise of industrialization and technological advancements has introduced new risks and liabilities, prompting courts and legislatures to develop doctrines such as product liability and environmental torts. Today, tort law remains a dynamic and evolving field, constantly responding to emerging issues and societal developments. Key Principles and Objectives Tort law is governed by several key principles that guide its application and interpretation. Understanding these principles is essential for grasping the fundamental nature of tort law: Fault and Liability: Tort law often revolves around the concept of fault, where a party's conduct is deemed wrongful or negligent. However, certain torts, such as strict liability offenses, impose liability without regard to fault. Causation and Harm: To succeed in a tort claim, a plaintiff must typically prove that the defendant's conduct caused the harm suffered. This involves establishing both factual causation (the defendant's actions led to the harm) and legal causation (the harm was a foreseeable consequence of the actions). Remedies and Damages: Tort law provides various remedies to compensate victims, including compensatory damages (to cover actual losses) and punitive damages (to punish particularly egregious conduct). In some cases, equitable remedies, such as injunctions, may also be available. Defenses and Immunities: Defendants in tort cases may raise various defenses, such as consent, self-defense, or statutory immunities, to avoid or reduce liability. The primary objectives of tort law are to provide compensation to victims, deter wrongful conduct, and promote justice. These objectives are achieved through the careful balancing of competing interests, including the rights of individual --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/message Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

Chapter 1: Overview of Contract Law 1.1 Introduction to Contract Law Contracts Law is the backbone of legal agreements that bind parties in both personal and business transactions. At its core, a contract is a legally enforceable promise or set of promises between parties. The enforcement of these promises underpins economic stability and personal reliability. Understanding Contract Law is essential because it dictates how agreements are made, interpreted, enforced, and remedied when broken. Definition of a Contract A contract is an agreement between two or more parties that creates mutual obligations enforceable by law. The basic elements required for the agreement to be a legally enforceable contract are mutual assent (offer and acceptance), consideration, capacity, and legality. Example: When you buy a car, you enter into a contract with the seller. You agree to pay a specified amount of money, and the seller agrees to deliver the car. Both parties have exchanged promises that are legally binding. Historical Context and Development The roots of modern Contracts Law can be traced back to ancient civilizations where agreements were often informal and based on trust. Over time, as commerce expanded, there was a need for more formalized and enforceable agreements. English common law played a significant role in shaping contemporary Contract Law, with many foundational principles derived from historical English cases. The evolution continued with the development of the Uniform Commercial Code (UCC) in the United States and international conventions like the United Nations Convention on Contracts for the International Sale of Goods (CISG). 1.2 Sources of Contract Law Contracts Law is derived from various sources, each contributing to the framework and enforcement of contracts. Common Law Common law, developed through judicial decisions, forms the foundation of Contracts Law in many jurisdictions. Judges interpret and apply previous court decisions to resolve new disputes, creating a body of law that evolves over time. Key Principles from Common Law: Stare Decisis: This principle ensures that courts follow precedents set by higher courts in the same jurisdiction. Flexibility and Adaptability: Common law can evolve with societal changes and new types of transactions. Uniform Commercial Code (UCC) The UCC is a comprehensive set of laws governing commercial transactions in the United States. It aims to standardize and simplify transactions across state lines. Article 2 of the UCC specifically addresses contracts for the sale of goods, providing rules that often differ from common law principles. Key Aspects of UCC Article 2: Good Faith Requirement: Contracts under the UCC must be performed with honesty and observance of reasonable commercial standards. Merchant-Specific Rules: The UCC includes special provisions applicable to merchants, reflecting their expertise and role in commerce. Restatements of the Law The Restatements of Contracts, published by the American Law Institute, provide a synthesis of common law principles. They serve as influential guides for courts and legal practitioners but do not have the binding authority of statutes or judicial decisions. Key Contributions of Restatements: Clarification of Principles: The Restatements aim to clarify and explain complex legal doctrines in Contracts Law. Guidance for Courts: While not binding, Restatements are frequently cited by courts for persuasive authority. International Principles (CISG) The CISG governs international sales contracts and aims to provide a uniform legal framework for cross-border transactions. It is widely adopted and helps reduce legal barriers in international commerce. Key Features of the CISG: Uniformity in International Trade: The CISG provides standardized rules that reduce the uncertainty and complexity of international transactions. Opt-Out Provision: Parties can choose to exclude the application of the CISG and select their preferred --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/message Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

The first year of law school is famously rigorous, often described as a "rite of passage" into the legal profession. During this year, you'll be introduced to the core subjects that form the backbone of legal practice. Each of these subjects not only builds your legal knowledge but also sharpens your analytical thinking and problem-solving skills – crucial tools for any successful lawyer. Let’s begin with Contracts Law. Contracts are the glue that holds business and personal transactions together. Whether you're renting an apartment, buying a car, or running a business, contracts are integral to ensuring that agreements are clear and enforceable. Introduction to Contracts Law. Contracts Law will teach you about the formation of agreements, the obligations they impose, and the remedies available when things go awry. You’ll learn about offer and acceptance, consideration, and the capacity of parties to contract. We’ll explore what makes a contract legally binding and the various defenses one might assert against enforcement, such as fraud, duress, or unconscionability. Key Concepts and Case Law. We’ll also dive into key doctrines like promissory estoppel and the parol evidence rule, which helps determine when extrinsic evidence can be used to interpret a contract. Expect to analyze landmark cases like Hawkins v. McGee, where the concept of "expectation damages" – often summarized by the phrase "a promise for a perfect hand" – will be dissected to illustrate how courts calculate compensation for breached contracts. Next, we’ll turn our attention to Torts. Unlike contracts, which involve voluntary agreements between parties, torts address wrongful acts that cause harm or loss, leading to civil liability. Introduction to Torts. In Torts, you’ll explore the legal principles that determine when an individual should be held accountable for harm caused to another. This includes understanding intentional torts, such as battery and defamation, as well as negligence – the failure to exercise reasonable care to avoid causing injury or loss to another person. Moving on to Civil Procedure, often referred to as the "law of the lawsuit." This course is crucial because it provides the framework within which civil cases are conducted. Understanding Civil Procedure. Civil Procedure covers the rules and standards courts follow when adjudicating civil lawsuits. This includes how to file a case, the processes of discovery, motions, and the trial itself. You’ll learn about jurisdiction – the authority of a court to hear a case – and venue, which determines the most appropriate location for the trial. Constitutional Law is the study of the principles and structures that underpin the American legal system. It’s about understanding the Constitution, the document that governs government itself. Criminal Law is where you learn about the system of laws concerned with the punishment of individuals who commit crimes. It’s about understanding what constitutes criminal behavior and the justifications for punishment. Finally, we come to Property Law, a course that explores the legal principles surrounding the ownership and use of real and personal property. --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/message Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

Introduction to Constitutional Law Overview of Constitutional Law Definition and Scope Importance in the Legal System History and Development of the U.S. Constitution Historical Background and Framing The Federalist Papers Key Influences and Philosophies Structure of the Constitution Preamble Articles and Amendments Principles of Constitutional Interpretation Part I: The Federal System Federalism Definition and Significance Dual Sovereignty The Tenth Amendment Interstate Relations and the Full Faith and Credit Clause Separation of Powers Legislative, Executive, and Judicial Powers Checks and Balances Non-Delegation Doctrine The Supremacy Clause Federal Preemption The Hierarchy of Laws The Commerce Clause Historical Development Modern Interpretation Impact on Federal and State Powers Part II: The Judicial Branch Judicial Review Marbury v. Madison Scope and Limits of Judicial Review Judicial Power and Jurisdiction Article III Courts Original and Appellate Jurisdiction Justiciability Doctrines (Standing, Mootness, Ripeness, Political Question) The Role of the Supreme Court Case Selection and Certiorari Process Influential Supreme Court Cases Interpretation of the Constitution Part III: The Legislative Branch Powers of Congress Enumerated Powers Implied Powers and the Necessary and Proper Clause Legislative Process Bill to Law Bicameralism and Presentment Limitations on Congressional Power Enumerated and Implied Limits Enforcement and Interpretation by Courts Commerce and Taxing Powers Regulation of Interstate Commerce Taxing and Spending Powers Limits on Commerce and Taxing Authority Part IV: The Executive Branch Powers of the President Enumerated and Implied Powers Executive Orders and Presidential Directives Foreign Affairs and War Powers Treaty-Making Authority Commander-in-Chief Powers War Powers Resolution Administrative Agencies Creation and Regulation Rulemaking Authority Checks on Presidential Power Impeachment Congressional and Judicial Oversight Part V: Individual Rights and Liberties Bill of Rights Purpose and Historical Context Application to Federal and State Governments First Amendment Rights Freedom of Speech and Press Freedom of Religion (Establishment and Free Exercise Clauses) Freedom of Assembly and Petition Second Amendment Right to Bear Arms Individual vs. Collective Rights Debate Due Process and Equal Protection Substantive and Procedural Due Process Equal Protection Clause Standards of Review (Rational Basis, Intermediate Scrutiny, Strict Scrutiny) Privacy Rights Right to Privacy Landmark Cases (Griswold, Roe, Casey) Modern Implications Rights of the Accused Fourth, Fifth, Sixth, and Eighth Amendments Miranda Rights Exclusionary Rule Part VI: Application and Contemporary Issues State Action Doctrine Definition and Scope Public Function and Entanglement Tests Incorporation Doctrine Selective Incorporation through the Fourteenth Amendment Impact on State Laws Modern Constitutional Controversies Same-Sex Marriage and LGBT Rights Voting Rights and Election Law Affirmative Action Gun Control and Second Amendment Issues Emerging Issues in Constitutional Law Digital Privacy and Surveillance Healthcare and the Commerce Clause Immigration and Executive Power --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/message Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

Chapter 1: Overview of Contract Law Introduction to Contract Law Definition of a Contract Historical Context and Development Sources of Contract Law Common Law Uniform Commercial Code (UCC) Restatements International Principles (CISG) Types of Contracts Bilateral vs. Unilateral Contracts Express vs. Implied Contracts Executory vs. Executed Contracts Void, Voidable, and Unenforceable Contracts Fundamental Principles Freedom of Contract Pacta Sunt Servanda (Agreements Must Be Kept) Good Faith and Fair Dealing Chapter 2: Contract Formation The Offer Definition and Elements Communication of the Offer Intent to Be Bound Definiteness and Certainty Duration and Termination of Offers Acceptance Definition and Elements Methods of Acceptance Mirror Image Rule Communication of Acceptance Consideration Definition and Importance Bargain Theory Adequacy of Consideration Past Consideration and Moral Obligation Exceptions to Consideration (Promissory Estoppel, Quasi-Contract) Chapter 3: Capacity and Legality Capacity to Contract Minors Mental Incapacity Intoxication Legality of Contracts Contracts Contrary to Statute Contracts Contrary to Public Policy Unconscionable Contracts Chapter 4: Defenses to Contract Formation Mistake Mutual Mistake Unilateral Mistake Misrepresentation and Fraud Innocent Misrepresentation Fraudulent Misrepresentation Remedies Duress and Undue Influence Definition and Elements Impact on Contract Validity Illegality Illegal Contracts Effects and Exceptions Statute of Frauds Contracts That Must Be in Writing Requirements for a Sufficient Writing Chapter 5: Performance and Breach Conditions Conditions Precedent Conditions Subsequent Concurrent Conditions Performance Complete Performance Substantial Performance Divisibility of Contracts Breach of Contract Material vs. Minor Breach Anticipatory Repudiation Remedies for Breach Chapter 6: Remedies Legal Remedies (Damages) Compensatory Damages Consequential Damages Punitive Damages Nominal Damages Liquidated Damages Equitable Remedies Specific Performance Injunctions Rescission and Restitution Mitigation of Damages Duty to Mitigate Impact on Recovery Chapter 7: Third-Party Rights Assignment and Delegation Assignment of Rights Delegation of Duties Third-Party Beneficiaries Intended vs. Incidental Beneficiaries Rights of Third-Party Beneficiaries Chapter 8: Special Contractual Issues Contracts for the Sale of Goods (UCC) UCC Article 2 Overview Formation under the UCC Performance and Breach under the UCC Warranties E-Contracts and Digital Transactions Formation and Validity of E-Contracts Electronic Signatures Online Terms and Conditions International Contracts CISG Overview Key Differences from U.S. Contract Law Choice of Law and Jurisdiction Chapter 9: Contract Interpretation Rules of Interpretation Plain Meaning Rule Parol Evidence Rule Ambiguities and Contradictions Interpretation Aids Course of Performance Course of Dealing Usage of Trade Chapter 10: Governmental and Regulatory Impact on Contracts Consumer Protection Laws Unfair and Deceptive Acts and Practices Truth in Lending Antitrust Laws Impact on Contracts Illegal Restraints of Trade Employment Contracts At-Will Employment Non-Compete Agreements Employment Discrimination --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/message Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support