Gilbert Law Summaries: Law School Legends on Audio CD Gilbert CDs circulate for seven days on a first-come-first-served basis. If you have any questions please consult the Koren AV Center located on the 5th floor of The Law Library at 645-2045 Table of Contents: Administrative Law Criminal Law Professional Responsibility Agency & Partnership Criminal Procedure Real Property Civil Procedure Education Law Remedies Commercial Paper Evidence Sales & Lease of Goods Conflict of Laws Family Law Secured Transactions Constitutional Law Federal Courts Securities Regulation Contracts Federal Income Tax Wills & Trusts Copyright Law Future Interests Corporations Law School Exam Writing ______________________________________________________________________________ Administrative Law. Dean Patrick J. Borchers. 2005. 9 copies Law Koren KF 5402 .B67 2005 4.5 hour lecture, 33 page handout Disc 1: Disc 2: Disc 3: Disc 4: Agencies Administrative Procedure Act Procedural Due Process Administrative Adjudication Administrative Adjudication (continued) Rulemaking Agency Information Gathering External Controls on Agencies Judicial Review Exam Approach Disc 5: CD-ROM Administrative Law Handout in PDF format Agency & Partnership. Michael J. Kaufman. 2008. 4 copies Law Koren KF 1345 .K38 2008 3 hour lecture, 9 page handout Disc 1: Disc 2: Disc 3: AGENCY: Respondeat Superior, Liability of a Principle to a Third Party AGENCY: Respondeat Superior, Liability of a Principle to a Third Party (continued) PARTNERSHIP: General Partnership Formation Liabilities of Partners to Third Parties PARTNERSHIP: Rights and Liabilities between Parties Dissolution Disc 4: CD-ROM Agency and Partnership Handout in PDF format Civil Procedure. Dean Richard D. Freer. 2009. 10 copies Law Koren KF 8840 .F698 2009 10 hour lecture, 12 page handout Disc 1: Disc 2: Disc 3: Introduction Personal Jurisdiction Constitutional Limitations Long-Arm Statutes In-Rem, Quasi-In-Rem Jurisdiction Notice and Opportunity to Be Heard Constitutional Standard Opportunity to Be Heard Subject Matter Jurisdiction Diversity of Citizenship Federal Question Supplemental Jurisdiction Removal from State Court Disc 4: Disc 5: Disc 6: Disc 7: Disc 8: Disc 9: Venue Basic Provisions Transfer of Venue Forum Non Conveniens Challenging Forum Selection Erie Doctrine Pleadings Rule 11 Complaint & Defendant’s Responses Amending Pleadings Joinder Permissive and Required Party Joinder Counterclaims and Crossclaims Proper Parties Necessary and Indispesable Parties Impleader Intervention Interpleader Class Actions Discovery Pretrial Adjudication Voluntary, Involuntary Dismissal Failure to State Claim Summary Judgement Right to Jury Trial Selection of the Jury Post Trial Motions Disc 10: Appeal Preclusion Doctrine Claim, Issue Preclusion Disc 11: CD-ROM Civil Procedure Handout in PDF format Civil Procedure. Dean Richard D. Freer. 2005. 10 copies Law Koren KF 8840 .F698 2005 9 hour lecture, 25 page handout Disc 1: Disc 2: Disc 3: Disc 4: Disc 5: Disc 6: Disc 7: Disc 8: Disc 9: Personal Jurisdiction Personal Jurisdiction (continued) Long-Arm Statutes Notice and the Opportunity to Be Heard Subject Matter Jurisdiction Subject Matter Jurisdiction (continued) Venue Challenging Forum Selection Erie Doctrine Pleadings Pleadings (continued) Joinder Joinder (continued) Discovery Pretrial Adjudication Trial and Related Motions Appeals Disc 10: Preclusion Doctrine Disc 11: CD-ROM Civil Procedure Handout in PDF format Commercial Paper. Michael I. Spak. 2005. 3 copies Law Koren KF 957 .S73 2005 3 hour lecture, 7 page handout Disc 1: Disc 2: Disc 3: Definitions – Note, Draft, Endorsement Holder in Due Course Rule Holder in Due Course Rule (continued) Holder v. Indorser Holder v. Drawee Drawee v. Drawee Bank Recovery Accord and Satisfaction Lost, Destroyed, or Stolen Instruments Art. 7 and 8 UCC Sample Questions Disc 4: CD-ROM Commercial Paper Handout in PDF format Conflict of Laws. Dean Patrick J. Borchers. 2008. 4 copies Law Koren KF 411 .B67 2005 5 hour lecture, 18 page handout Disc 1: Disc 2: Introduction Domicile Jurisdiction and Venue Subject Matter Jurisdiction - Diversity, Federal Question, Removal, Abstention Doctrines Subject Matter Jurisdiction (continued) – Abstention Doctrines Jurisdiction Over Parties – Domicile, Consent, Minimum Contacts, Family Law Rules Jurisdiction over Property Special Federal Statutes Service of Process and Notice Disc 3: Disc 4: Disc 5: Venue – Forum Non Conveniens, Forum Selection Choice of Law – Horizontal, Vertical Basic Concepts Choice of Law Theories Application in Specific Areas Defenses against foreign law Constitutional Limitations Federal-State Conflicts Recognition and Enforcement of Other States’ Judgments and Foreign Judgments Exam Approach Disc 6: CD-ROM Conflict of Laws Handout in PDF format Constitutional Law. Dean John C. Jeffries, Jr. 2005. 8 copies Law Koren KF 4550 .J44 2005 4 hour lecture, 52 page handout Disc 1: Disc 2: Disc 3: Disc 4: Disc 5: Marbury v. Madison and Judicial Review The Commerce Clause and Federal Legislative Power The Rise and Fall and Rise of Substantive Due Process Equal Protection Introduction to the First Amendment Disc 6: CD-ROM Constitutional Law Handout in PDF format Contracts. David Epstein. 2005. 8 copies Law Koren KF 801 .E67 2005 5 hour lecture , 10 page handout Disc 1: Disc 2: Disc 3: Disc 4: Disc 5: Introduction Article II Contract Formation - Offer, Acceptance Contract Formation (continued) – Acceptance, Rejection, Capacity, Duress, Misrepresentation, Mistake, Ambiguity, Illegality, Public Policy, Unconscionability Contract Formation (continued) – Statute of Frauds, Consideration Terms – Parol Evidence Rule Contract Formation (continued) – Parol Evidence Rule Performance – Excuse of Non-Performance Remedies – Specific Performance, Punitive Damages, Liquidated Damages, Avoidable Damages Remedies (continued) – Expectation Damages, Consequential Damages Third Parties – Third Party Beneficiary, Assignment, Delegation Disc 6: CD-ROM Contracts Handout in PDF format Copyright Law. Roger E. Schechter. 2005 & 2002. 10 copies 4.5 hour lecture, 25 page handout Disc 1: Disc 2: Disc 3: Justification for a Copyright System Constitutional and Statutory Framework Fixation and Originality Requirements Idea / Expression Distinction Protected Works – Literary, Pictorial, Graphic and Sculptural Works, Musical Works and Recordings, Compilations, Derivative Works Ownership and Joint Authorship Duration and Renewal Transfers and Termination of Transfers Disc 4: Disc 5: Disc 6: Transfers and Termination of Transfers (continued) – Renewal Transfers and Derivative Works Publications and Formalities - Notice, Registration, Archival Deposit, Foreign Works Rights of the Copyright Holder – Reproduction Rights Rights of the Copyright Holder (continued) – Adaptation, Distribution, Performance and Display, Performing Rights Societies Exotic Rights in the Copyright Statute Exotic Rights in the Copyright Statute (continued) – Copyright Management Information Infringement Fair Use Remedies State Claims and Pre-Emption Disc 7: CD-ROM Copyright Law Handout in PDF format Corporations. Therese H. Maynard. 2006. 13 copies Law Koren KF 1414 .M39 2006 8 hour lecture, 24 page handout Disc 1: Disc 2: Disc 3: Disc 4: Disc 5: Disc 6: Formation of Corporations Formation of Corporations (continued) Issuance of Stock Role of Directors and Officers Role of Directors and Officers (continued) Role of Shareholders Role of Shareholders (continued) Role of Shareholders (continued) Fundamental Corporate Changes Disc 7: Disc 8: Fundamental Corporate Changes (continued) Securities Law Securities Law (continued) Disc 9: CD-ROM Corporations Handout in PDF format Criminal Law. Charles H. Whitebread. 2005. 11 copies Law Koren KF 9219 .W45 2005 4 hour lecture, 15 page handout Disc 1: Disc 2: Disc 3: Disc 4: Exam Tactics Jurisdiction Mental States Accomplice Liability Inchoate Crimes – Solicitation, Conspiracy, Attempt Defenses Defenses (continued) Common Law Crimes – Battery, Assault, Homicide, Common Law Murder, Manslaughter, First Degree Murder, Felony Murder, Kidnapping, Rape, Property Offenses Common Law Property Offenses (continued) Offenses Against Habitation Review of Topics Mental States Accomplice Liability Attempt Impossibility Intoxication Self-Defense Duress Entrapment Homicide Felony Murder Property Crimes Disc 5: CD-ROM Criminal Law Handout in PDF format Criminal Procedure. Charles H. Whitebread. 2005. 8 copies Law Koren KF 9219 .W453 2005 4 hour lecture, 16 page handout Disc 1: Disc 2: Disc 3: Disc 4: Incorporation Exclusionary Rule Arrest Search and Seizure Standing Warrants Warrantless Search Wiretapping Confessions Miranda Warnings Pretrial Pretrial (continued) Trial Sentencing Death Penalty Double Jeopardy Self-Incrimination Exclusionary Rule Arrest Search and Seizure Miranda Warnings Grand Jury Death Penalty Immunity Disc 5: CD-ROM Criminal Procedure Handout in PDF format Education Law. Michael Kaufman. 2008. 4 copies Law Koren KF 4119 .K38 2008 4 hour lecture, 35 page handout Disc 1: Disc 2: Disc 3: Disc 4: Introduction The Structure of Education Law Constitutional Rights and Protections Regarding the Free Exercise of Religion in Schools Constitutional Rights and Protections Regarding the Prohibition on the Establishment of Religion Constitutional Rights and Protections Regarding Freedom of Speech in Schools Constitutional Rights and Protections Regarding Searches and Seizures in Schools Constitutional Rights and Protections Regarding Due Process Constitutional Rights and Protections Regarding Educational Funding Equity Constitutional Rights and Protections Regarding Racial Equality in Education Constitutional and Statutory Rights and Protections Regarding Gender Equality in Education Constitutional Power to Regulate Education Statutory Rights and Protections Regarding Special Education Statutory Rights and Protections Regarding Student Privacy Constitutional Rights and Protections for Teachers Mini Review Disc 5: CD-ROM Education Law Handout in PDF format Evidence. Faust F. Rossi. 2005. 13 copies Law Koren KF 8935 .R67 2005 7 hour lecture, 19 page handout Disc 1: Disc 2: Disc 3: Relevance – Logical, Discretionary Relevance (continued) – Character Evidence Character Evidence (continued) Documentary Evidence – Authentication, Best Evidence Rule Witnesses Disc 4: Disc 5: Disc 6: Disc 7: Witnesses (continued) Opinion and Expert Testimony Credibility and Impeachment of Witnesses Privileges – Attorney-Client, Physician-Patient, Spousal Hearsay – Exceptions Exceptions to Hearsay (continued) Sixth Amendment Disc 8: CD-Rom Evidence Handout in PDF format Family Law. Roger E. Schechter. 2002. 5 copies Law Koren KF 505 .S34 2002 4 hour lecture, 21 page handout Disc 1: Disc 2: Disc 3: Disc 4: Disc 5: Pre-nuptial Agreements Out-of-Wedlock Children Paternity Proceedings Marriage – Capacity Marriage (continued) – Capacity, Ceremonial, Common Law, Putative Spouse Consequences of Being Married Termination of Marriage Termination of Marriage (continued) – Annulment, Grounds, Divorce, Fault, Divorce Defenses, No-Fault Grounds Termination of Marriage (continued) – Legal Separation Procedural Issues Economic Issues – Separation Agreements, Temporary Orders, Alimony Economic Issues (continued) – Property Division, Community Property, Tax Issues Children – Family Planning, Responsibility to Children, UFISA Disc 6: Children (continued) – Child Custody, Custody Orders, Termination of Parental Rights, Adoption Disc 7: CD-ROM Family Law Handout in PDF format Federal Courts. Dean John C. Jeffries, Jr. (from cover). 2005. 2 copies Law Koren KF 8719 .J44 2005 3 hour lecture, 21 page handout Disc 1: Disc 2: Disc 3: Choice of Law in the Federal System Jurisdiction of the Federal Courts Federal-State Regulation Disc 4: CD-ROM Federal Courts Handout in PDF format Federal Income Tax. Cheryl D. Block. 2005. 5 copies Law Koren KF 6369 .B56 2005 5 hour lecture, 16 page handout Disc 1: Disc 2: Disc 3: Disc 4: History Gross Income Gross Income (continued) Exclusions from Gross Income Computing Gains or Losses Computing Gains or Losses (continued) Alimony and Child Support Business or Investment Income Business or Investment Income (continued) Calculating Taxable Income Assignment of Income Disc 5: Assignment of Income (continued) Ordinary Income v. Capital Gains Disc 6: CD-ROM Handout in PDF format Future Interests. Catherine L. Carpenter. 2008, 2005. 9 copies Law Koren KF 605 .C73 2005 4.5 hour lecture, 24 page handout Disc 1: Disc 2: Disc 3: Disc 4: Introduction Present Possessory Estates Fee Simple Absolute Fee Tail Life Estates Fee Simple Determinable Fee Simple Subject to Condition Subsequent Fee Simple Subject to Executory Limitations Future Interests Reversion Possibility of Reverter Power of Termination or Right of Reentry Vested Remainder Absolute Vested Remainder Subject to Partial Divestment (Subject to Open) Vested Remainder Subject to Total Divestment Contingent Remainder Executory Interests (Springing and Shifting) Rules Affecting Transfer of Property Doctrine of Merger Doctrine of Destructibility of Contingent Remainders The Rule in Shelly’s Case Doctrine of Worthier Title The Rule Against Perpetuities The Rule Against Perpetuities (Continued) Disc 5: Rule Against Perpetuities Disc 6: CD-ROM Future Interests Handout in PDF format Law School Exam Writing. Charles H. Whitebread. 2005. 5 copies Law Koren KF 283 .W45 2005 1 hour lecture, 100 page handout Disc 1: Disc 2: [Audio CD / Topics not Listed] The Eight Secrets of Top Exam Performance [Book in PDF format] Professional Responsibility. Erwin Chemerinsky. 2007 (1), 2010 (5). 6 copies Law Koren AV KF 306 .C52 2007 3 hour lecture, 21 page handout Disc 1: Disc 2: Disc 3: Who Regulates Who May Practice Duty to Prevent Unauthorized Practice of Law Duty to Accept Representation Duty to Reject Representation Withdrawl from Representation Duty to Avoid Conflict of Interest Duty to Avoid Conflict of Interest (continued) Duty of Competence Duty to Follow Client Instruction Duty to Protect Client Confidences Duty to Prevent Abuse Duty of Candor Fairness to Opposing Party Trial Tactics Pro Bono Attorney as Advisor Permissible Nature of Communications Permissible Nature of Communications (continued) Advertising and Solicitation Structures Fees Duty to Protect Money or Property Judge Disqualification Serving Conduct Off-the-Bench Conduct Permissible Political Activities Disc 4: CD-ROM Professional Responsibility Handout in PDF format Real Property. Paula A. Franzese. 2005. 5 copies Law Koren KF 570 .F73 2005 6 hour lecture, 62 page handout Disc 1: Disc 2: Disc 3: Disc 4: Fee Simple Absolute Fee Tail Defeasible Fees Life Estate Waste Joint Tenancy Tenancy by the Entirety Tenancy in Common Landlord/Tenant Law Tenancy for Years Periodic Tenancy Tenancy at Will Tenancy at Sufferance Tenant’s Duties Landlord’s Duties Assignment Sublease Easements Easements (continued) License Profit Covenants Disc 5: Disc 6: Covenants (continued) Equitable Servitude Adverse Possession Land Transactions Land Transactions (continued) Recording System Water Rights Possessor’s Rights Eminent Domain Zoning Disc 7: CD-ROM Real Property Handout in PDF format Remedies. William A. Fletcher. 2005. 4 copies Law Koren KF 9010 .F53 2005 5 hour lecture, 40 page handout Disc 1: Disc 2: Disc 3: Disc 4: Disc 5: Tort Remedies Tort Remedies (continued) Injury to Personal Property Injury to Real Property Nuisance Contract Remedies Contract Remedies (continued) Purchase and Sale of Personal Property Purchase and Sale of Real Property Purchase and Sale of Real Property (continued) Construction Contracts Employment Contracts Disc 6: CD-ROM Remedies Handout in PDF format Sales & Lease of Goods. Michael I. Spak. 2005. 7 copies Law Koren KF 915 .S73 2005 3.5 hour lecture, 8 page handout Disc 1: Disc 2: Disc 3: Disc 4: Transactions in Goods Contract Formation Offer Acceptance Statute of Frauds Statute of Frauds (continue) Parol Evidence Rule Obligation and Performance Tender Payment Risk of Loss Risk of Loss (continued) Warranties Mercantability Fitness Disclaimers Beneficiaries Remedies Remedies (continued) Third Party Rights Sample Problem Discussion Disc 5: CD-ROM Sales & Lease of Goods Handout in PDF format Secured Transactions. Michael I. Spak. 2005. 10 copies Law Koren KF 1050 .S73 2005 2.5 hour lecture, 24 page handout Disc 1: Introduction Mechanics – Security Interests, Collateral, Creation Disc 2: Disc 3: Mechanics (continued) – Attachment, Perfection, financing Statements Priorities Priorities (continued) – Rights Upon Default Sample Problem Discussion Disc 4: CD-ROM Secured Transactions Handout in PDF format Securities Regulation. Therese H. Maynard. 2005. 6 copies Law Koren KF 1440 .M39 2005 9 hour lecture, 34 page handout Disc 1: Disc 2: Disc 3: Disc 4: Disc 5: Introduction – Modern Financial Markets Securities Markets Federal Securities Laws Role of the SEC Forces of Change at Work in Today’s Securities Markets Definition of “Security” – Scope of Statutory Definition of Security, The Howey Test The Howey Test (continued) Role of the “Context Clause” Sale of business Doctrine Promissory Notes LLC as Security Public Offerings and the Registration Process under § 5 of the 1933 Act – The Modern Underwriting Process The Modern Underwriting Process (continued) Overview of the Regulating Framework of § 5 of the 1933 Act Jurisdictional Underpinning of the 1933 Act Pre-Filing Period Pre-Filing Period (continued) Waiting period Waiting Period (continued) Post-Effective Period Preparing the Registration Statement and the SEC’s System of Integrated Disclosure Shelf Registration Process Disc 6: Disc 7: Disc 8: Disc 9: SEC’s New Public Offering Reform Rules – Introduction Reforms that Apply to All Issuers Reforms that Apply to Communications Made in the IPO Context Changes to Prospectus Delivery Obligations Changes to Scope of Civil Liability Under the 1933 Act Reforms that Apply to Public Offerings by Well-known Seasoned Issuers Reforms that Apply to Public Companies Other than WKSIs Off-shore Public Offerings SEC’s Disclosure Policy and Theories of Materiality – Line Item Disclosure and the Concept of Materiality Issuer’s Exemptions from § 5 Registration Obligation – Distinguish Two Types of Exemption Set Forth in 1933 Act, Section 3(a)(11), Section 4(2) Scope of Regulation D Rule 506 Safe Harbor for Private Placements The Limited Offering Exemptions The Other § 3(b) Exemptions § 4(6) Resales of Securities by Non-Issuers – General Background Selling for an Issuer in Connection with a Distribution Purchasing Securities from an Issuer with a View to Distribution Scope of Protection Offered by Rule 144 Express Civil Liability Provisions of the 1933 Act – Introduction Fraud Remedy Rescission Remedy Disc 10: CD-ROM Securities Regulation Handout in PDF format Wills & Trusts. Stanley M. Johanson. 2011. 3 copies Law Koren KF 755 .J64 2005 6 hour lecture, 50 page handout Disc 1: Wills Intestate Succession Principles and Terminology When Rules Apply Intestate Shares Inheritance by Descendants Distribution Adopted Children Non-marital Children Lifetime Gifts Disclaimer Simultaneous Deaths Execution of Wills Requirements Disc 2: Disc 3: Presence Attorney Liability Holographic Wills Conditional Wills Valid Revocation Presumptions Dependant Relative Revocation Changes after Signing Beneficiary Death Lapsed Gifts 120-Hour Rule Lapse in Residuary Estate Class Gift Rule Changes in Family Marriage Divorce Pretermitted Child Statutes Testamentary Gifts Creditors’ Claims The Ademption Doctrine Stocks Encumbered Property Incorporation by Reference doctrine Independent Significance Doctrine Mistakes Contracts Words of Disinheritance Nonprobate Assets Disc 4: Disc 5: Disc 6: Will Contests Lack of Testamentary Capacity Undue Influence Creditors’ Claims Trusts Requirements Settlor [grantor] Delivery Trust Property (“res”) Trustee Beneficiaries Intent to Create a Trust Lawful Purpose Revocable Trusts Charitable Trusts Honorary Trusts Resulting and Constructive Trusts Spendthrift Trusts Self-dealing by fiduciary trust administration Trust investments – The Uniform Prudent Investor Act Judicial Modification and Termination of Trusts Powers of appointment Disc 7: CD-ROM Wills & Trusts Handout in PDF format Last updated August 2, 2012