This lesson explores the novelty bars of 35 U.S.C. § 102 as amended by the America Invents Act (AIA). It assumes familiarity with the pre-AIA novelty bars.
This lesson addresses the creation and exercise of a power of appointment. The lesson discusses the different parties involved in the creation of a power of appointment. The lesson includes a variety of problems designed to test the student's understanding of the rules governing the power of appointment.
This lesson presents an introduction to the doctrine that the performance of a pre-existing duty, or a promise to perform such a duty, does not constitute a sufficient consideration to make a promise binding. Through questions based on a series of hypothetical cases, underlying reasons for the doctrine are considered, as well as its ramifications in various contexts. Coverage includes: the performance of duties owed to the promise or third parties as consideration; modifications on one side of executory contracts; substituted contracts following rescission; executory accords; satisfaction; liquidated claims and offers to settle unliquidated claims.
These two exercises are offered to familiarize students with what prosecuting and defense attorneys do from the time an investigation begins until trial preparation and why they do it. Special attention is given to correspondence, pleadings, and the guilty plea.
Articles II through X of the Federal Rules set out substantive evidentiary tests and standards. However, a student's understanding of those tests and standards is incomplete unless the student appreciates the procedural framework within which those provisions operate. Federal Rules 104(a) and 104(b) are the fulcrum of that framework. Those subdivisions codify the distinction between competence and conditional relevance issues.
This lesson deals with the requirements for preliminary injunctive relief, and includes both temporary injunctions and temporary restraining orders. It is designed for students who have already studied this material in class, and desire to refine their understanding of the matter by applying it in various contexts.
This lesson explores premarital agreements, also known as antenuptial or prenuptial agreements. This lesson assumes you already have a basic understanding of premarital agreements.
This lesson focuses on the presidential power to appoint executive branch officials. It focuses on the scope of the presidential power, congressionally imposed limits on that power, and potential infringements of the power by Congress and the judiciary. This lesson is intended for students who have studied these issues in class, and who wish to further refine their knowledge.
This lesson is an introduction to the principles governing copyright infringement. After completing this lesson, you will be familiar with the standard used to determine liability for copyright infringement. Specifically, the lesson will introduce the elements necessary to support a claim of copyright infringement, which include assessments of copying, access, probative resemblance, striking similarity, improper appropriation, and substantial similarity.
The topic of this podcast is which party will prevail in a competition for collateral as between buyers of the collateral and secured parties.
The purpose of this lesson is to guide students who are not experienced in researching private international law. After providing some background on the definition and sources of private international law, this lesson will suggest the initial and follow-up steps that a researcher of a typical issue related to private international law generally should take.
The requirement of "probable cause" is an integral part of the Fourth Amendment. The Amendment specifically provides that a warrant may not issue except on probable cause. In addition, some exceptions to the warrant requirement necessitate a finding of probable cause.
This lesson reviews the concept of probable cause as defined and applied by the United States Supreme Court.
This tutorial will provide an overview of the regulation of commercial dog breeders pursuant to the Animal Welfare Act. This lesson is a beginner level tutorial.
This is the first of two advanced lessons on real estate purchase options. In so doing, the lesson covers their contract nature of options and their uses.
This is the second of two lessons about real estate purchase options. This lesson explains the problems in using purchase options that arise when the subject of the option is real estate.
This lesson provides an introduction to the doctrine of ratification. The lesson will cover what ratification is, why the doctrine developed, what acts can be ratified, who can ratify, how ratification occurs, and what are the legal effects of ratification. The lesson will also introduce you (or reintroduce you) to the related doctrine of adoption.
This is an overview of the ways in which wastes become designated as "hazardous wastes" under the federal Resource Conservation and Recovery Act (RCRA), emphasizing the EPA's regulations governing RCRA hazardous wastes. Students should complete the CALI lesson on RCRA "Solid Wastes" before completing this lesson.
This short lesson explores the definition of "solid waste" for RCRA purposes. The lesson does not require any prior knowledge of RCRA, but it can also serve as a review of RCRA's primary trigger after that topic has been covered in an Environmental Law or Hazardous Waste course.
Professors Brown and Grohman, authors of several CALI lessons on covenants, give students a framework to approach studying the material and offer real-life applications of the doctrines.
This lesson will introduce you to real estate brokers and familiarize you with: 1) the traditional relationship between real estate brokers and the parties to real estate transactions; 2) the duties that arise from that relationship; and 3) the effects of the breach of that duty.
This lesson is designed to introduce students to the methods by which real estate brokers are compensated. Before beginning this lesson, you should complete Real Estate Brokerage Relationships.
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.
The purpose of this lesson is to supplement your study of money damage recoveries permitted by The Lanham Act. Damage awards for trademark infringement may receive coverage in either your Remedies course or in your Trademark or Intellectual Property courses. This lesson will serve to introduce, review, and refine the principles you have studied in these respective courses to assist you in determining when damage awards for trademark infringement will be allowed.