Law School
Episodes
Intellectual property: Orphan Work & Criticism of copyright
29 Oct 2020
Contributed by Lukas
An orphan work is a copyright-protected work for which rightsholders are positively indeterminate or uncontactable. Sometimes the names of the origina...
Property law: Bailment - License - Alienation
28 Oct 2020
Contributed by Lukas
Bailment is a legal relationship in common law, where the owner transfers physical possession of personal property ("chattel") for a time, but retains...
Tort law: Dignitary torts - Invasion of privacy - Intrusion on Seclusion - False light
27 Oct 2020
Contributed by Lukas
The right to privacy is an element of various legal traditions to restrain governmental and private actions that threaten the privacy of individuals. ...
Criminal Law: Offence against the person - Robbery
26 Oct 2020
Contributed by Lukas
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by putting the victim in fear. According to commo...
Contract law: Contract interpretation - Parol Evidence Rule
23 Oct 2020
Contributed by Lukas
The parol evidence rule is a rule in the Anglo-American common law that governs what kinds of evidence parties to a contract dispute can introduce whe...
Property law: Acquisition - Treasure trove
22 Oct 2020
Contributed by Lukas
Treasure trove is an amount of money or coin, gold, silver, plate, or bullion found hidden underground or in places such as cellars or attics, where t...
Intellectual property: Copyright troll / Limitations and exceptions to copyright / Idea–expression distinction
21 Oct 2020
Contributed by Lukas
A copyright troll is a party (person or company) that enforces copyrights it owns for purposes of making money through litigation, in a manner conside...
Tort law: Negligence - Entrustment / Liability torts - Quasi-tort & Ultrahazardous activity
20 Oct 2020
Contributed by Lukas
Negligent entrustment is a cause of action in tort law that arises where one party (the entrustor) is held liable for negligence because they negligen...
Criminal Law: Offence against the person - Invasion of privacy
19 Oct 2020
Contributed by Lukas
The right to privacy is an element of various legal traditions to restrain governmental and private actions that threaten the privacy of individuals. ...
Contract Law: Defenses against formation - Statute of frauds
16 Oct 2020
Contributed by Lukas
The statute of frauds refers to the requirement that certain kinds of contracts be memorialized in writing, signed by the party to be charged, with su...
Property law: Acquisition - Lost, mislaid, and abandoned property
16 Oct 2020
Contributed by Lukas
Lost, mislaid, and abandoned property are categories of the common law of property which deals with personal property or chattel which has left the po...
Intellectual Property Law: Paraphrasing of copyrighted material (Part 2 of 2)
14 Oct 2020
Contributed by Lukas
Moral rights. Moral rights are rights of creators of copyrighted works that are generally recognized in civil law jurisdictions and, to a lesser exten...
Intellectual Property Law: Paraphrasing of copyrighted material (Part 1 of 2)
14 Oct 2020
Contributed by Lukas
Paraphrasing of copyrighted material may reduce the probability that a court will find that copyright has been infringed; however, there have been man...
Tort law: Negligence - Product liability
13 Oct 2020
Contributed by Lukas
Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public ...
Criminal Law: Offence against the person - Kidnapping and Intimidation
12 Oct 2020
Contributed by Lukas
In criminal law, kidnapping is the unlawful transportation, asportation and confinement of a person against their will. Thus, it is a composite crime....
Contract Law: Defenses against formation - Duress/Coercion and Undue influence
09 Oct 2020
Contributed by Lukas
In jurisprudence, duress or coercion refers to a situation whereby a person performs an act as a result of violence, threat, or other pressure against...
Property law: Acquisition - Discovery and Accession
08 Oct 2020
Contributed by Lukas
The discovery doctrine, also called doctrine of discovery, is a concept of public international law expounded by the United States Supreme Court in a ...
Intellectual Property Law: Public Domain
07 Oct 2020
Contributed by Lukas
The public domain consists of all the creative work to which no exclusive intellectual property rights apply. Those rights may have expired, been forf...
Tort law: Negligence - Malpractice
06 Oct 2020
Contributed by Lukas
In the law of torts, malpractice, also known as professional negligence, is an "instance of negligence or incompetence on the part of a professional"....
Criminal Law: Offence against the person - Murder
05 Oct 2020
Contributed by Lukas
Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice af...
Contract Law: Defenses against formation - Lack of capacity
02 Oct 2020
Contributed by Lukas
The capacity of natural and juridical persons (legal persons), in general, determines whether they may make binding amendments to their rights, duties...
Property law: Acquisition - Adverse possession (Part 2 of 2) Hostile possession
01 Oct 2020
Contributed by Lukas
Hostile possession. The disseisor must have entered or used the land without permission from the true owner. The disseisor's motivations may be interp...
Intellectual Property Law: Fair use (Part 2 of 2)
30 Sep 2020
Contributed by Lukas
Fair use in particular areas. Computer code. The Oracle America, Inc. v Google, Inc. case revolves around the use of application programming interface...
Tort law: Negligence - Negligent infliction of emotional distress, Negligence in employment and Entrustment
29 Sep 2020
Contributed by Lukas
The tort of negligent infliction of emotional distress (NIED) is a controversial cause of action, which is available in nearly all U.S. states but is ...
Criminal law: Offence against the person - Manslaughter
28 Sep 2020
Contributed by Lukas
Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter i...
Contract law: Contract formation - Implied-in-fact contract and Collateral contract
25 Sep 2020
Contributed by Lukas
An implied-in-fact contract is a form of an implied contract formed by non-verbal conduct, rather than by explicit words. The United States Supreme Co...
Property law: Acquisition - Adverse possession (Part 1 of 2)
24 Sep 2020
Contributed by Lukas
Adverse possession, sometimes colloquially described as "squatter's rights", is a legal principle under which a person who does not have legal title t...
Intellectual property: Fair use (Part 1 of 2)
23 Sep 2020
Contributed by Lukas
Fair use is a doctrine in the law of the United States that permits limited use of copyrighted material without having to first acquire permission fro...
Tort law: Negligence - Duty to rescue-continued (Regulations by country * optional lesion)
22 Sep 2020
Contributed by Lukas
Regulations by country. In some countries, there exists a legal requirement for citizens to assist people in distress, unless doing so would put thems...
Tort law: Negligence - Duty to rescue
22 Sep 2020
Contributed by Lukas
A duty to rescue is a concept in tort law that arises in a number of cases, describing a circumstance in which a party can be held liable for failing ...
Tort law: Negligence - The rescue doctrine and calculus of negligence
22 Sep 2020
Contributed by Lukas
In the USA, the rescue doctrine of the law of torts holds that if a tortfeasor creates a circumstance that places the tort victim in danger, the tortf...
Criminal Law: Offence against the person - Home invasion
21 Sep 2020
Contributed by Lukas
A hot prowl burglary, cat burglary, or home invasion is a sub-type of burglary (or in some jurisdictions, a separately defined crime) in which an offe...
Criminal Law: Offence against the person - Homicide
21 Sep 2020
Contributed by Lukas
Homicide is the act of one human killing another. A homicide requires only a volitional act by another person that results in death, and thus a homici...
Contract law: Contract formation - Firm offer, Invitation to bargain and Mirror image rule
18 Sep 2020
Contributed by Lukas
A firm offer is an offer that will remain open for a certain period or until a certain time or occurrence of a certain event, during which it is incap...
Contract law: Contract formation - Consideration
18 Sep 2020
Contributed by Lukas
Consideration is a concept of English common law and is a necessity for simple contracts but not for special contracts (contracts by deed). The concep...
Property law: Types - Personal property & Community property
17 Sep 2020
Contributed by Lukas
Personal property is property that is movable. In common law systems, personal property may also be called chattels or personalty. In civil law system...
Intellectual property: Trademark (Conclusion)
16 Sep 2020
Contributed by Lukas
Usage. A trademark identifies the brand owner of a particular product or service. Trademarks can be used by others under licensing agreements; for exa...
Intellectual property: Trademark (Introduction)
16 Sep 2020
Contributed by Lukas
A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a par...
Tort law: Negligence - Res ipsa loquitur
15 Sep 2020
Contributed by Lukas
Res ipsa loquitur (Latin: "the thing speaks for itself") is a doctrine in the Anglo-American common law that says in a tort lawsuit a court can infer ...
Criminal Law: Offence against the person - Harassment
14 Sep 2020
Contributed by Lukas
Harassment covers a wide range of behaviors of an offensive nature. It is commonly understood as behavior that demeans, humiliates, or embarrasses a p...
Criminal law: Offence against the person - False imprisonment
14 Sep 2020
Contributed by Lukas
False imprisonment occurs when a person intentionally restricts another person’s movement within any area without legal authority, justification, or...
Contract law: Contract formation - Posting rule
11 Sep 2020
Contributed by Lukas
The posting rule (or mailbox rule in the United States, also known as the "postal rule" or "deposited acceptance rule") is an exception to the general...
Property law: Types - Real property (real estate, realty, or immovable property)
10 Sep 2020
Contributed by Lukas
In English common law, real property, real estate, realty, or immovable property is land which is the property of some person and all structures (also...
Intellectual property: Trade secret
09 Sep 2020
Contributed by Lukas
Trade secrets are a type of intellectual property that comprise formulas, practices, processes, designs, instruments, patterns, or compilations of inf...
Tort law: Negligence - Proximate cause
08 Sep 2020
Contributed by Lukas
In law, a proximate cause is an event sufficiently related to an injury that the courts deem the event to be the cause of that injury. There are two t...
Criminal law: Offence against the person - Defamation (Conclusion)
07 Sep 2020
Contributed by Lukas
Overview. As of 2017, at least 130 UNESCO member states retained criminal defamation laws. In 2017, the Organization for Security and Cooperation in E...
Criminal law: Offence against the person - Defamation (Introduction)
07 Sep 2020
Contributed by Lukas
Defamation (sometimes known as calumny, vilification, libel, slander or traducement) is the oral or written communication of a false statement about a...
Pro bono
05 Sep 2020
Contributed by Lukas
Pro bono publico (English: "for the public good"; usually shortened to pro bono) is a Latin phrase for professional work undertaken voluntarily and wi...
Contract law: Contract formation - Offer and acceptance
04 Sep 2020
Contributed by Lukas
Offer and acceptance analysis is a traditional approach in contract law. The offer and acceptance formula, developed in the 19th century, identifies a...
Property law: Course Introduction
03 Sep 2020
Contributed by Lukas
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally ...
Intellectual property: Trade dress and Utility model
02 Sep 2020
Contributed by Lukas
Trade dress is the characteristics of the visual appearance of a product or its packaging (or even the design of a building) that signify the source o...
Tort law: Negligence - Standard of care
01 Sep 2020
Contributed by Lukas
In tort law, the standard of care is the only degree of prudence and caution required of an individual who is under a duty of care. The requirements o...
Tort Law: Negligence - Duty of care
01 Sep 2020
Contributed by Lukas
In tort law, a duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while perform...
Criminal law: Offence against the person - Criminal negligence
31 Aug 2020
Contributed by Lukas
In criminal law, criminal negligence is a surrogate mens rea (Latin for "guilty mind") required to constitute a conventional as opposed to strict liab...
Res judicata
28 Aug 2020
Contributed by Lukas
Res judicata (RJ), also known as claim preclusion, is the Latin term for "a matter decided" and refers to either of two concepts in both civil law an...
Intellectual property: Related rights (or neighboring rights in copyright law)(Part 2 of 2)
27 Aug 2020
Contributed by Lukas
International protection of related rights. Apart from the Rome convention, a number of other treaties address the protection of related rights:  ...
Intellectual property: Related rights (or neighboring rights in copyright law)(Introduction)
26 Aug 2020
Contributed by Lukas
In copyright law, related rights (or neighboring rights) are the rights of a creative work not connected with the work's actual author. It is used in ...
Criminal law: Offence against the person - Battery
25 Aug 2020
Contributed by Lukas
Battery is a criminal offense involving unlawful physical contact, distinct from assault which is the act of creating apprehension of such contact. Ba...
Intellectual property: Moral rights
22 Aug 2020
Contributed by Lukas
Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law j...
Intellectual property: Patent (Part 2 of 2)
21 Aug 2020
Contributed by Lukas
Application and prosecution. A patent is requested by filing a written application at the relevant patent office. The person or company filing the app...
Intellectual property: Patent (Part 1 of 2)
20 Aug 2020
Contributed by Lukas
A patent is a form of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a l...
The US Constitution: History and overview (Part 4 of 4)
19 Aug 2020
Contributed by Lukas
Unratified amendments. Unratified amendments. Collectively, members of the House and Senate typically propose around 150 amendments during each two-ye...
Criminal Law: Offence against the person - Assault
18 Aug 2020
Contributed by Lukas
An assault is the act of inflicting physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attem...
Tort law: Negligence - Gross negligence
17 Aug 2020
Contributed by Lukas
Gross negligence is the "lack of slight diligence or care" or "a conscious, voluntary act or omission in reckless disregard of a legal duty and of the...
Tort law: Negligence
17 Aug 2020
Contributed by Lukas
Negligence (negligentia in Latin) is a failure to exercise appropriate and or ethical rules of care expected to be exercised amongst specified circums...
In re: Don McGahn (also: Committee on the Judiciary, United States House of Representatives v. Donald F. McGahn II; U.S. House Judiciary Committee v. Donald F. McGahn)
16 Aug 2020
Contributed by Lukas
In re: Don McGahn (also: Committee on the Judiciary, United States House of Representatives v. Donald F. McGahn II; U.S. House Judiciary Committee v. ...
The US Constitution: History and overview (Part 3 of 4)
14 Aug 2020
Contributed by Lukas
Amending the Constitution. The procedure for amending the Constitution is outlined in Article Five. The process is overseen by the archivist of the Un...
Intellectual property: Integrated circuit layout design protection
12 Aug 2020
Contributed by Lukas
Layout designs (topographies) of integrated circuits are a field in the protection of intellectual property. In United States intellectual property la...
Criminal law: Inchoate offenses - Conspiracy
12 Aug 2020
Contributed by Lukas
In criminal law, a conspiracy is an agreement between two or more persons to commit a crime at some time in the future. Criminal law in some countries...
Tort law: Defenses - Defense of property and Shopkeeper's privilege
10 Aug 2020
Contributed by Lukas
The defence of property is a common method of justification used by defendants who argue that they should not be held liable for any loss and injury t...
Contracts (Part 3 of 3)
10 Aug 2020
Contributed by Lukas
In many countries, in order to obtain damages for breach of contract or to obtain specific performance or other equitable relief, the aggrieved injure...
Criminal law: Inchoate offenses - Attempted murder
07 Aug 2020
Contributed by Lukas
Attempted murder is a crime of attempt in various jurisdictions. Canada. Section 239 of the Criminal Code makes attempted murder punishable by a maxim...
Criminal law: Inchoate offenses - Attempt
07 Aug 2020
Contributed by Lukas
An attempt to commit a crime occurs if a criminal has an intent to commit a crime and takes a substantial step toward completing the crime, but for re...
Contracts (Part 2 of 3)
06 Aug 2020
Contributed by Lukas
Contractual terms are classified differently depending upon the context or jurisdiction. Terms establish conditions precedent. English, but not necess...
Intellectual property: Industrial design right
05 Aug 2020
Contributed by Lukas
An industrial design right is an intellectual property right that protects the visual design of objects that are not purely utilitarian. An industrial...
Tort law: Defenses - Right of self-defense
04 Aug 2020
Contributed by Lukas
The right of self-defense (also called, when it applies to the defense of another, alter ego defense, defense of others, defense of a third person) is...
The US Constitution: History and overview (Part 2 of 4)
03 Aug 2020
Contributed by Lukas
Preamble. The preamble to the Constitution serves as an introductory statement of the document's fundamental purposes and guiding principles. It neith...
Criminal law: Inchoate offenses
01 Aug 2020
Contributed by Lukas
An inchoate offense, preliminary crime, inchoate crime or incomplete crime is a crime of preparing for or seeking to commit another crime. The most co...
Contracts (Part 1 of 3)
30 Jul 2020
Contributed by Lukas
A contract is a legally binding document that recognizes and governs the rights and duties of the parties to the agreement. A contract is legally enfo...
Intellectual property: Indigenous intellectual property
29 Jul 2020
Contributed by Lukas
Indigenous intellectual property is an umbrella legal term used in national and international forums to identify indigenous peoples' claims of collect...
Tort law: Defenses - Statute of limitations
27 Jul 2020
Contributed by Lukas
A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an ...
Tort law: Defenses - Necessity
27 Jul 2020
Contributed by Lukas
In tort common law, the defense of necessity gives the state or an individual a privilege to take or use the property of another. A defendant typicall...
Criminal law: Severity of offense - Summary offence
23 Jul 2020
Contributed by Lukas
A summary offence is a crime in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indict...
Criminal law: Severity of offense - Misdemeanor
23 Jul 2020
Contributed by Lukas
A misdemeanor (American English, spelled misdemeanour in British English) is any "lesser" criminal act in some common law legal systems. Misdemeanors ...
Intellectual property: Geographical indication
21 Jul 2020
Contributed by Lukas
A geographical indication (GI) is a name or sign used on products which corresponds to a specific geographical location or origin (for example, a town...
Tort law: Defenses - Consent
20 Jul 2020
Contributed by Lukas
Consent occurs when one person voluntarily agrees to the proposal or desires of another. It is a term of common speech, with specific definitions as u...
Tort law: Defenses - Contributory negligence
20 Jul 2020
Contributed by Lukas
In some common law jurisdictions, contributory negligence is a defense to a tort claim based on negligence. If it is available, the defense completely...
The US Constitution: History and overview (Part 1 of 4)
20 Jul 2020
Contributed by Lukas
The Constitution of the United States is the supreme law of the United States of America. The Constitution, originally comprising seven articles, deli...
Criminal law: Severity of offense - Felony
14 Jul 2020
Contributed by Lukas
The term felony originated from English common law, from the French medieval word "félonie", to describe an offense that resulted in the confiscation...
Criminal law: Scope of criminal liability - Vicarious
14 Jul 2020
Contributed by Lukas
The legal principle of vicarious liability applies to hold one person liable for the actions of another when engaged in some form of joint or collecti...
Intellectual property: Farmers' rights
12 Jul 2020
Contributed by Lukas
The International Treaty on Plant Genetic Resources for Food and Agriculture, (also known as ITPGRFA, International Seed Treaty or Plant Treaty is a c...
Tort law: Defenses - Assumption of risk
12 Jul 2020
Contributed by Lukas
Assumption of risk is a defense in the law of torts, which bars or reduces a plaintiff's right to recovery against a negligent tortfeasor if the defen...
Tort law: Defenses - Comparative negligence
12 Jul 2020
Contributed by Lukas
Comparative negligence, or non-absolute contributory negligence outside the United States, is a partial legal defense that reduces the amount of damag...
Bonus episode: Supreme Court case opinion - Trump v. Vance
10 Jul 2020
Contributed by Lukas
Trump v. Vance, 591 U.S. ___ (2020), was a landmark[1][2] United States Supreme Court case related to the New York County District Attorney Cyrus Vanc...
Bonus episode: Supreme Court case opinion - Trump v. Mazars USA, LLP
10 Jul 2020
Contributed by Lukas
Trump v. Mazars USA, LLP, 591 U.S. ___ (2020) was a Supreme Court of the United States case involving the United States House of Representatives subpo...
Intellectual property: Database right
08 Jul 2020
Contributed by Lukas
A database right is a sui generis property right, comparable to but distinct from copyright, that exists to recognise the investment that is made in c...
Criminal law: Scope of criminal liability - Corporate liability
07 Jul 2020
Contributed by Lukas
In criminal law, corporate liability determines the extent to which a corporation as a legal person can be liable for the acts and omissions of the na...
Tort law: Property torts - Trover
04 Jul 2020
Contributed by Lukas
Trover is a form of lawsuit in common-law countries for recovery of damages for wrongful taking of personal property. Trover belongs to a series of re...
Intellectual property: Copyright (Part 2)
03 Jul 2020
Contributed by Lukas
The concept of copyright developed after the printing press came into use in Europe in the 15th and 16th centuries. The printing press made it much ch...
Criminal law: Scope of criminal liability - Complicity
02 Jul 2020
Contributed by Lukas
Complicity is the participation in a completed criminal act of an accomplice, a partner in the crime who aids or encourages (abets) other perpetrators...