This lesson explores non-capital, criminal sentencing with a particular focus on the constitutional criminal procedural issues.
2L-3L Upper Level Lesson Topics
This lesson explores the concept of service marks, and the similarities and differences between service marks and trademarks.
This lesson assumes that you have already acquired a basic familiarity with the rules that apply to marks that are used on or in connection with the offering of goods. Specifically, you should be familiar with the types of subject matter that may qualify as marks, the spectrum of distinctiveness, and the standard for determining whether a mark has been used in trade (or, for protection under the Lanham Act, in interstate commerce).
This lesson is a comprehensive discussion of shareholder agreements under section 7.32 of the Revised Model Business Corporation Act (RMBCA).
Under corporate law, shareholders dissatisfied with certain extraordinary transactions, such as corporate mergers, may dissent from those transactions and require the corporation to purchase the dissenters' shares for their fair value. This lesson discusses those rights, known as dissenter's or appraisal rights. The lesson covers both Delaware law and the Model Business Corporation Act and discusses what appraisal rights are, when those rights are available to shareholders, and the procedures for enforcing appraisal rights. It does not get into the difficult questions involved in actually valuing corporate shares, and it does not discuss procedural issues that arise in appraisal litigation.
This lesson examines when a shareholder's lawsuit against a corporation is derivative and when it is direct. It also examines why this distinction is important. Then, using the provisions of the Revised Model Business Corporation Act (RMBCA), this lesson examines the procedural requirements for bringing a derivative action.
This lesson examines shareholder inspection rights under RMBCA Chapter 16. In particular, it examines which documents a shareholder may inspect and the requirements for a shareholder to inspect. This lesson is a good opportunity to practice your statutory reading and interpretation skills.
This lesson discusses shareholder voting rights when fundamental changes are made to their corporation--mergers, consolidations, compulsory share exchanges, sales of assets, dissolution, and amendments to the articles of incorporation. It also discusses other procedural requirements related to such transactions.
This lesson discusses cumulative voting and how it differs from straight voting. It describes the mechanics of cumulative voting—how many votes each shareholder gets, how those votes may be cast, and how the result is determined. It also illustrates how cumulative voting can go awry if shareholders are not careful. Finally, it discusses several possible ways that a majority shareholder dissatisfied with cumulative voting may try to circumvent it.
Attorneys must conform their conduct to a wide range of rules drawn from a variety of sources. This program is designed to review these sources of law governing attorney conduct.
This lesson has been temporaily removed for revisions. Thank you for your patience. CALI
A critical issue that arises in many administrative cases is the question of constitutional standing to litigate. At its most basic, standing is the requirement that a litigant must have a sufficient interest in the outcome of the litigation in order to be entitled to sue. This lesson provides an introduction to constitutional standing issues and provides the basis for more in depth review in subsequent lessons. The lesson is intended for students who have studied these issues in class and who wish to further refine their knowledge.
This lesson examines several status issues that arise in standing cases. In a prior lesson, we examined two contexts in which individuals might seek standing: taxpayer standing and citizen standing. In this lesson, we examine two other situations that may arise: the right of associations to sue on behalf of their members, and the rights of individuals to assert the interests of third parties. This lesson is intended for students who have studied these issues in class and who are seeking to further refine their knowledge and grasp of the area.
Article III of the United States Constitution requires a plaintiff to establish "standing" in order to sue in federal court. In addition to showing an injury-in-fact, plaintiff must also show "causation" and "redressability." In other words, plaintiff must show that defendant is the "cause" of the injury, and that the injury will be redressed by a favorable judicial decision.
This lesson was written as a review of the material covered in Chapter 9 of the CALI e-book Wetlands Law: A Course Source.
This lesson introduces the student to the doctrine and processes involved in interpreting state and federal statutes. Statutes are a critical part of every substantive area of the law, so this is important background for every student, legal professional, lawyer and judge.
This lesson reviews the reasoning and holding of the landmark case of Terry v. Ohio, 392 U.S. 1 (1968) and explores the broader issues relating to investigative detentions and limited searches spawned by the Terry decision.
This lesson examines the "stop and frisk" exception to the warrant requirement.
This lesson addresses the First Amendment protections for student speech in public elementary and secondary schools. You willl learn about the legal standards from United States Supreme Court cases that apply to different types of student speech, and how lower courts have interpreted these standards. You will then apply these standards to factual scenarios in multiple choice and essay type questions. This lesson includes the standards that apply to off-campus and online speech.
This lesson explores how the theory of substantive due process can be applied in the context of breed-discriminatory legislation (BDL), whether BDL is rationally related to public safety, and where science, the courts and governments presently come down on the matter.
This exercise provides a review of the liability scheme and defenses under CERCLA and briefly reviews the CERCLA cleanup process. The exercise begins when EPA discovers phenol contamination in drinking water wells of several residents of Springfield, Ames.
This lesson covers the basics of both spousal and child support jurisdiction. It is intended as an introduction to the materials and it can also be used for review.
Students are placed in the role of judge and asked to rule on objections. The case is a civil action to recover damages for personal injuries sustained when an automobile driven by Plaintiff was involved in an intersection collision with an automobile driven by Defendant.
This lesson is a menu listing all the CALI tax lessons by Prof. James Edward Maule
This lesson will guide the user through a series of questions and answers to illustrate the basics of gross income and realization concepts. The lesson reviews your understanding of Internal Revenue Code section 61, among others.