2L-3L Upper Level Lesson Topics

This lesson will discuss the Exclusionary Rule, the circumstances under which it may be raised, and two important exceptions to its use -- the Impeachment Exception and the Leon Good Faith Exception.

This exercise helps users understand the requirements of the Uniform Probate Code for the execution and revocation of testamentary instruments such as wills and codicils. It looks at the requirements for both attested written wills and holographic wills in the context of hypothetical estates. It explores the rights of pretermitted heirs. This lesson was revised to reflect the 2008 Amendments.

This lesson focuses on the presidential version of executive privilege. The lesson examines the justifications for the privilege, the requirements for its invocation, and judicial handling of that privilege.

Executory contracts behave idiosyncratically in bankruptcy. They may be assets or liabilities, depending on their terms. Understanding their treatment by the bankruptcy code and the courts is key.

This lesson explores the circumstances under which and reasons why courts will dispense with the requirement for a search warrant.

This exercise applies hypotheticals to situations involving expert witnesses. Analysis relies primarily on the Federal Rules of Evidence. Expert testimony in both civil and criminal contexts is covered, as the exercise consists of two trials: the first is a civil case, the second a criminal prosecution.

The 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.

This lesson covers the role of the Federal Aviation Administration (FAA) in enforcing the Federal Aviation Regulations (FAR), known formally as Title 14 Code of Federal Regulations (14 CFR). Title 14 CFR has numerous parts that are organized by category of operation; that is, categories include: pilots and instructors, aircraft operators, aircraft manufacturers, and space transportation.

This lesson explores the application of the fair use doctrine, a defense to copyright infringement, in the special context of parody, based on the guidance provided by the Supreme Court in Campbell v. Acuff Rose Music, 510 U.S. 569 (1994).

The Federal Communications Commission (FCC) is not normally associated with aviation jurisdiction other than perhaps the issuance of radiotelephone station/operator licenses. However, the FCC is an independent Federal Agency which has been entitled by Congress to regulate and enforce a broad range of aviation matters.

This exercise is the counterpart of The Definition of Hearsay and the Federal Rules, which covers the definition of hearsay under Federal Rules of Evidence 801(a)-(c). The new exercise includes graphic reviews of each subsection of 801(d), and graphic illustrations of multiple hearsay, as well as interactive flowcharts for the subsections of 801(d). The program lends itself to use by students who either (i) want a relatively quick-review, with detailed work limited to those issues they find troublesome or (ii) want to review each relevant section of the rules in some detail.

This lesson explores section 2 of the Lanham Act, 15 U.S.C. § 1052, which prohibits certain types of trademarks from being registered on the Principal Register of the PTO, regardless of whether those marks are protectible under state law or under section 43 of the Lanham Act, 15 U.S.C. § 1125.

The classic rhetoric of Cardozo in Meinhard v. Salmon hides a delicate economic intuition justifying broad fiduciary obligations. This lesson parses closely the text of the dissent and the majority to recognize the idiosyncratic facts that make this a pivotal case. The focus is on the economic ramifications of Cardozo's choice.

This lesson reviews the basic components of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). It works best as a review of materials covered in a Hazardous Waste or Toxic Torts class, but it can also serve as an introduction to the statute.

In this lesson, you will learn about the International Court of Justice, one of the principal organs of the United Nations. After an introduction to the Court, you'll learn about some of the print reporters of the Court's decisions and online sources for these opinions. Finally, there will be a discussion of print and online digests of the Court's decisions.

This lesson discusses the requirement that a work be "fixed in a tangible medium of expression" as a condition to obtaining copyright protection. Although it assumes a basic familiarity with copyright law and terminology, it is designed to stand alone. It can, therefore, be used either as an introduction to the fixation requirement or as a review of those concepts after a class discussion.

This lesson explores how trademark law deals with two specific categories of marks: foreign (non-English) words and people's names. It addresses their ability to function as marks as well as how they should be assessed when determining infringement. The lesson assumes a working familiarity with the "distinctiveness" requirement, the fair use doctrine, and the likelihood of confusion test for infringement.

This lesson introduces you to the so-called "formal" process for making administrative rules and regulations. Under the federal Administrative Procedure Act, there are two separate and distinct processes for making rules: the "informal" process and the "formal" process.

This lesson deals with the formation of contracts under Article 2 of the Uniform Commercial Code (excluding § 2-207 issues). Under UCC § 2-204, a contract can be formed in any manner sufficient to show agreement, even if the parties leave open terms. This lesson will explore the effect of the difference in formation between common law and Article 2.

This exercise covers these four, most commonly used, specific exceptions to the Hearsay rule: 1) Present sense impressions; 2) Excited utterances; 3) State of Mind; and 4) Business records. The student will be applying these four exceptions in the context of scenarios presenting hypotheticals. The student's goal in this lesson is to work with the four exceptions, to gain a basic understanding of them with a focus on those fundamentals and problem areas identified in the FRE's Advisory Committee's Notes, recent judicial decisions, and legal commentators.

This lesson is designed to introduce students to the Fourth Amendment prohibition against "unreasonable searches and seizures." The goal is to provide students with an overview of the history of the Fourth Amendment, as well as an introduction to the warrant requirement and the concept of warrantless searches. The lesson is intended for students who have studied these issues in class, and wish to refine their knowledge.

This exercise is intended for students who have studied this issue in class, and wish to refine and apply what they have learned. It includes several essay questions, along with their model answers.

The lesson covers the 2014 Uniform Voidable Transactions Act (a slightly amended Uniform Fraudulent Transfers Act) and section 548 of the Bankruptcy Code. Two subsequent lessons cover (a) defenses and (b) the application of fraudulent transfer law to Leveraged Buyouts (LBOs).

The lesson covers the remedies, defenses, and limitations under the 2014 Uniform Voidable Transactions Act (a slightly amended Uniform Fraudulent Transfers Act) and sections 548 and 550 of the Bankruptcy Code. A previous lesson covered the types of fraudulent or voidable transfers generally.