Peter J. Smith
Publisher
The Great Courses
Pub. Date
2017.
Language
English
Description
Use a 1963 Supreme Court case, Gideon v. Wainwright, as a window into the relationship between litigation and the American legal system. You'll explore why we adopted this particular system, how it works, and why we teach law in America the way we do.
Publisher
The Great Courses
Pub. Date
2017.
Language
English
Description
Turn to self-defense and get a better understanding of how criminal law tries to balance between the rights of the threatened and those who are threats. Along the way, consider issues including "the retreat doctrine," the "battered spouse syndrome," "stand your ground" laws, and the use of deadly force by the police.
Publisher
The Great Courses
Pub. Date
2017.
Language
English
Description
During a trial, any lapse in a lawyer's attention could be extremely costly. Enter the task of voicing objections. Here, look at some of the most common types of evidentiary issues that might call for objections and learn why lawyers get only one shot at raising one.
Publisher
The Great Courses
Pub. Date
2017.
Language
English
Description
Lawsuits today often involve multiple plaintiffs suing multiple defendants on multiple claims. How does this kind of complex litigation work? First, consider the rules governing "joinder" - when claims and parties can be joined in one suit. Then, turn to a familiar (and special) multi-party suit: the class action.
Publisher
The Great Courses
Pub. Date
2017.
Language
English
Description
No, the discovery process isn't glamorous. But it's important in that it allows parties access to information to support their claims and defenses. How do we define the "scope of discovery," as well as terms like "substantial need" and "work product"? How can the process be used to wear down plaintiffs?
Publisher
The Great Courses
Pub. Date
2017.
Language
English
Description
First, take a closer look at vicarious liability, a tort doctrine that states an employer is strictly liable for torts committed by employees during the scope of their employment. Then, consider the related tort doctrine of joint and several liability, which deals with when multiple parties contribute to a tort.
Publisher
The Great Courses
Pub. Date
2017.
Language
English
Description
Here, Professor Cheng dives into modern products liability doctrine. What kinds of product defects qualify for this treatment? What kinds of products and manufacturers qualify? What's the effect of government regulations in certain cases? How are these massive cases, sometimes involving thousands of plaintiffs, resolved?
Publisher
The Great Courses
Pub. Date
2017.
Language
English
Description
Continue your look at personal jurisdiction by examining how the approach evolved into its modern standard, as well as the limits this approach places on the power of a plaintiff to haul a defendant into court far from the defendant's home. Central to this: 1945's International Shoe Co. v. Washington.
Publisher
The Great Courses
Pub. Date
2017.
Language
English
Description
What makes civil procedure different from all other subjects law students encounter in their first year of school? Using a hypothetical lawsuit and two Supreme Court cases, explore the broad set of issues and questions any system of litigation must address, including the procedures needed to clear a person's name.
Publisher
The Great Courses
Pub. Date
2017.
Language
English
Description
Start your whirlwind tour of torts with an exam question Professor Cheng gives to his own students: one that will introduce you to the history, complexity - and oddities - of this aspect of law. What behaviors does tort law expect from us? What harms can we be responsible for?
Publisher
The Great Courses
Pub. Date
2017.
Language
English
Description
A case argued before the Supreme Court of the United States is one of great significance. First, consider the history and evolution of the Supreme Court over the centuries. Then, using Citizens United v. FEC, gain insights into how political and ideological dynamics within the Court affect the cases brought before it.
Publisher
The Great Courses
Pub. Date
2017.
Language
English
Description
Pleading is the process by which parties inform one another, and the court, of their allegations, claims, and defenses. Go inside the first step in the pre-trial process for a close look at the rules that govern pleading. As you'll learn, the rules governing pleading can make - or break - a suit.
Publisher
The Great Courses
Pub. Date
2017.
Language
English
Description
Explore how lawyers cross-examine a witness without losing control, without eliciting unexpected answers, and without offending the jury. Along the way, you'll learn tips for effective cross-examination, study the cross-examination skills of renowned civil and criminal defense attorney Roy Black, and learn about the process of conducting impeachments.
Publisher
The Great Courses
Pub. Date
2017.
Language
English
Description
Lawyers define rules as the alternative to flexible, case-specific standards. Rules, as you'll discover, have their advantages and disadvantages over standards - but they all take power and discretion away from the jury. Professor Cheng uses an example that hits close to home for many of us: speed limits.
Publisher
The Great Courses
Pub. Date
2017.
Language
English
Description
Ninety-percent of all criminal cases, surprisingly, don't end in a trial but in a plea bargain. Consider both plea bargains and criminal trials and how they complement one another. How - and why - did plea bargains come to dominate American justice? How does the jury system work?
Publisher
The Great Courses
Pub. Date
2017.
Language
English
Description
Consider the mechanisms of a motion for summary judgment, by which a judge can resolve a suit with something less than a complete trial. Central to this are two important cases that highlight the nuances of this type of motion: Celotex v. Catrett and Denman v. Spain.
Publisher
The Great Courses
Pub. Date
2017.
Language
English
Description
Trial courts, intermediate courts of appeals, the Supreme Court - different courts play different roles in our legal system. First, consider when a party is allowed to appeal a decision by a trial court. Then, consider the standards of review that appellate courts apply when reviewing trial court decisions.
Publisher
The Great Courses
Pub. Date
2017.
Language
English
Description
Of all the doctrines in tort law, factual causation appears to be the most scientific and value-neutral. The truth, however, may surprise you. Learn why determinations about causation aren't simple, but do matter - a lot. Also, consider whether the causation question is more philosophical than scientific.
Publisher
The Great Courses
Pub. Date
2017.
Language
English
Description
Cases involving legal causation and the foreseeability test are the favorites of many law professors. Using one of the most famous cases in the torts canon, Palsgraf v. Long Island Railroad, discover why legal causation is so intricately linked to policy, our sense of justice, and moral responsibility.
Publisher
The Great Courses
Pub. Date
2017.
Language
English
Description
The U.S. federal government might be the most powerful government in the world - but it's power to prohibit and punish crimes is relatively constrained. Professor Hoffmann reveals the important distinctions in scope, meaning, and effect between state criminal law and federal criminal law in the United States.