Peter Smith
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Professor Smith discusses jurisdiction: the power of the courts to hear a case and to render a judgment. As you'll discover, there are really two different types of jurisdiction, one of which is subject matter jurisdiction, which refers to the court's authority to hear cases concerning a particular subject matter.
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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.
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The focus of this lecture is on negligence or other culpable conduct on the part of the plaintiff. What does tort law say about what happens when a plaintiff is at fault? Just how much of a two-way street is an issue like safety? For some answers, look to seat belts.
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"You have the right to remain silent." These are perhaps the most famous words in American criminal justice. In this lecture, investigate the historical and legal background of the Supreme Court's 1966 Miranda decision. Professor Hoffmann builds his lecture around two key issues at the heart of this still-controversial decision.
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To think like a lawyer, you have to approach legal doctrine actively and critically. Here, Professor Shadel teaches you how to read cases with an eye for particular concepts every good lawyer must keep in mind, including the role of precedent, inductive and deductive reasoning skills, and the use of analogies.
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Pore over the "cruel and unusual punishments" clause of the Eighth Amendment in search of why the Supreme Court has had so much trouble applying this provision to real-world criminal cases. By the end of this lecture, you'll realize why the Eighth Amendment is considered by some legal experts to be a constitutional enigma.
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Closing arguments are a chance for lawyers to connect all the dots for the jury. In this lecture, study one powerful example of a successful closing argument: Johnnie Cochran's on behalf of O.J. Simpson. Then, consider some of the things a lawyer shouldn't do when closing a case.
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Ninety-percent of all criminal cases, surprisingly, don't end in a trial but in a plea bargain. In this lecture, 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?
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In this lecture, 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 lecture are two important cases that highlight the nuances of this type of motion: Celotex v. Catrett and Denman v. Spain.
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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.
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When people criticize the United States as an overly litigious society, they're often referring to its system of appellate review. How, exactly, do appellate courts operate? How do lawyers file appellate briefs or make oral arguments for an appeal? Professor Shadel helps you make sense of the appellate process.
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Explore traditional strict liability through the lens of two common kinds of claims that don't require negligence: damage caused by animals and damage caused by ultra-hazardous blasts and explosions. Along the way, examine whether or not strict liability really is all that different from conventional negligence.
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A powerful opening statement requires many things: credibility, persuasion, logic. Using the George Zimmerman and O.J. Simpson trials as case studies, go inside the (sometimes tricky) art of crafting palpable opening statements that grab the jury's attention and leave it eager to hear the testimony to come.
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To understand how criminal law works, you first have to understand what a crime is. What are the purposes of criminal law? Why is textualism so important to distinguishing the bygone era of common-law crimes from those of the 21st century? Who are the key players involved in defining a crime?
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In the first of two lectures on the Fourth Amendment, go inside the fascinating history behind the topic of government searches and privacy rights. You'll consider the scope of the Fourth Amendment, learn what defines "search" and "seizure," and ponder the role of modern technology in affecting how the Fourth Amendment works.
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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.
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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.
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How does one tell whether a particular rule of state law is procedural or, instead, substantive? Which law applies - and when? Here, a famous case between two taxicab transfer companies offers an extreme and fascinating illustration of the procedural problems that can arise between federal and state courts.
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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. In this intriguing lecture, Professor Hoffmann reveals the important distinctions in scope, meaning, and effect between state criminal law and federal criminal law in the United States.
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Lawyers define rules as the alternative to flexible, case-specific standards. Rules, as you'll discover in this lecture, 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.