Learning Outcomes
On completion of the podcast, the student will be able to:
1. Recite the Perfect Tender Rule.
2. Apply the Perfect Render Rule in light of its limitations and exceptions.

Visit CALI’s website for related lessons and podcasts.
A transcript of this podcast is here.

Learning Outcomes
On completion of the podcast, the student will be able to:
1. Enumerate the conditions that a seller must satisfy in order to exercise the right of reclamation.
2. Explain how other parties may have priority over the seller who exercises the right of reclamation.

Visit CALI’s website for related lessons and podcasts.
A transcript of this podcast is here.

Learning Outcomes
On completion of the podcast, the student will be able to:
1. Explain the basic issues involved in a contract claim.
2. Identify the primary sources of contract law: the common law and the UCC.
3. Determine whether the applicable law is the common law or the UCC when faced with a contract law issue.

Visit CALI’s website for related lessons and podcasts.
A transcript of this podcast is here.

Original podcast written and recorded by Jennifer S. Martin; updated and re-recorded by Scott J. Burnham to reflect the 2022 Amendments to the UCC.

Learning Outcomes
On completion of the podcast, the student will be able to:
1. Recall the IRAC method for organizing essay exam answers.
2. Recognize some of the other essay organization methods.
3. Describe how the basic IRAC structure serves as the foundation for a good legal analysis.

Visit CALI’s website for related lessons.
A transcript of this podcast is here.

Learning Outcomes
On completion of the podcast, the student will be able to:
1. Distinguish fact from fiction regarding a number of statements about law school.
2. Manage expectations and plan accordingly in light of more realistic obligations and success strategies.

Visit CALI’s website for related lessons.
A transcript of this podcast is here.

Learning Outcomes
On completion of the podcast, the student will be able to:
1. Recognize what sets law school apart from undergrad.
2. Recognize why it is important to set realistic expectations in law school.
3. Employ techniques and develop mindsets that help you set realistic expectations.

Visit CALI’s website for related lessons.
A transcript of this podcast is here.

Learning Outcomes
On completion of the podcast, the student will be able to:
1. Formulate essay exam answers that are more complete, organized, and engaging.
2. Apply simple techniques to maximize points on an essay exam.

Visit CALI’s website for related lessons.
A transcript of this podcast is here.

Learning Outcomes
On completion of the podcast, the student will be able to:
1. Recall the definition of a security interest as provided in U.C.C. § 1-201(35).
2. Identify two of the key elements of attachment of a security interest: (i) value given; and (ii) the debtor having rights to the collateral, per U.C.C. § 9-203.
3. Describe the various ways one can satisfy the value requirement as provided in U.C.C. § 1-204.
4. Describe the various ways in which the debtor can have rights to the collateral.

A transcript of this podcast is here. 

Learning Outcomes
On completion of the podcast, the student will be able to:
1. Describe and apply how § 2-403 recognizes rights to collateral sufficient for the creation of a security interest.
2. Identify when § 2-403(1) permits a party with voidable title to transfer rights to a good faith purchaser for value (including a secured party).
3. Explain how the entrustment rule of § 2-403(2) sometimes permits a merchant dealing in goods of the kind to transfer good title to goods entrusted to them to a buyer in ordinary course of business.

A transcript of this podcast is here. 

Learning Outcomes
On completion of the podcast, the student will be able to:
1. Explain how outlining in law school is actually the process of synthesizing.
2. Recognize the various ways one can build an outline in law school, taking into account personal learning style and class subject.
3. Assess which types of outlines work best for your own personal organization and retrieval of information.

Visit CALI’s website for related lessons.
A transcript of this podcast is here.

Learning Outcomes
On completion of the podcast, the student will be able to:
1. Describe and identify the types of sale transactions that create security interests even though the parties don’t explicitly provide for one.
2. Recognize when a transaction creates a security interest because it is within the scope for sales of accounts, chattel paper, promissory notes, and payment intangibles brought within Article 9 pursuant to § 9-109.
3. Discuss the implications of a transaction being brought within the scope of Article 9.

A transcript of this podcast is here. 

Learning Outcomes
On completion of the podcast, the student will be able to:
1. Recognize the importance of being collegial and professional in law school and in practice.
2. Demonstrate professionalism and collegiality in interactions with colleagues and professors.
3. Integrate professionalism into written communications such as emails and social media.

Visit CALI’s website for related lessons.
A transcript of this podcast is here.

Learning Outcomes
On completion of the podcast, the student will be able to:
1. Recognize when they’re falling behind, in regard to both comprehension and time management/study efficacy.
2. Apply strategies to improve comprehension and keep up with the workload.

Visit CALI’s website for related lessons.
A transcript of this podcast is here.

Learning Outcomes
On completion of the podcast, the student will be able to:
1. Recall advice about how to tackle law school as a first-generation student.
2. Describe ways law school might be different from undergrad from the perspective of a first-generation student.
3. Recognize ways in which being a first-generation student can shape the law school experience.
4. Identify the unique qualities and skills of first-generation students attending law school.

Visit CALI’s website for related lessons.

A transcript of this podcast is here.

Each week we have been highlighting a new section of the Guide and its audiobook chapters. From the The Bar is Over section, the chapter I Didn’t Pass This Time: Retaking the Bar provides some encouragement for those who didn’t pass the bar exam and gives five tips for retaking it.

A transcript is available here.

Previous episode in this series: After the Bar Exam

See all available audiobook chapters and access the complete audiobook here. 

Each week we are highlighting a new section of the Guide and its audiobook chapters. From the The Bar is Over section, the chapter After the Bar Exam provides some advice for after the bar exam, including how to make it through the stressful waiting period. 

A transcript is available here.

Previous episode in this series: Exam Day Strategies
Final episode in this series: I Didn’t Pass This Time: Retaking the Bar

See all available audiobook chapters and access the complete audiobook here. 

Each week we are highlighting a new section of the Guide and its audiobook chapters. From the Exam Day section, the chapter Exam Day Strategies walks you through how to map out a detailed plan for exam day.

A transcript is available here.

Previous episode in this series: Tip of the Week
Next episode in this series: After the Bar Exam

See all available audiobook chapters and access the complete audiobook here. 

Should you want to focus on just one question type, here are the times in the podcast when each is discussed.
1:12 Differences between undergrad and law school exams
4:15 Multiple choice questions
6:30 Short answer questions
8:43 Long essay questions

Learning Outcomes
On completion of the podcast, the student will be able to:
1. Explain how law school exams generally differ from undergraduate exams.
2. Discuss one technique for answering law school multiple choice questions.
3. State several benefits of using your normal legal writing strategy of IRAC, CRAC or CIRAC is helpful for short answer questions.
4. Create a plan to prepare for answering long essay questions.

A transcript of this podcast is here.

Each week we are highlighting a new section of the Guide and its audiobook chapters. From the Bar Study Period section, the chapter Tip of the Week walks you through each of the nine weeks of bar preparation, the day before the exam, and the night between exam days, giving you scheduling advice, study goals, and encouragement along the way.

A transcript is available here.

Previous episode in this series: Knowing Your Test Center
Next episode in this series: Exam Day Strategies

See all available audiobook chapters and access the complete audiobook here. 

Each week we are highlighting a new section of the Guide and its audiobook chapters. From the Preparing to Study section, the chapter Knowing Your Test Center advises bar takers to make travel plans – and contingency plans – well in advance of the bar exam.

A transcript is available here.

Previous episode in this series: Take A Commercial Bar Review Course
Next episode in this series: Tip of the Week

See all available audiobook chapters and access the complete audiobook here. 

Each week we are highlighting a new section of the Guide and its audiobook chapters. From the Preparing to Study section, the chapter Take A Commercial Bar Review Course discusses the advantages of taking a commercial bar review course.

A transcript is available here.

Previous episode in this series: Making Memorization Materials
Next episode in this series: Knowing Your Test Center

See all available audiobook chapters and access the complete audiobook here. 

Each week we are highlighting a new section of the Guide and its audiobook chapters. From the Preparing to Study section, the chapter Making Memorization Materials explains how to more actively engage with bar study materials.

A transcript is available here.

Previous episode in this series: Know What Resources are Available to You
Next episode in this series: Take A Commercial Bar Review Course

See all available audiobook chapters and access the complete audiobook here. 

Each week we are highlighting a new section of the Guide and its audiobook chapters. From the Preparing to Study section, the chapter Know What Resources are Available to You encourages bar takers to think about their support network and to take note of available law school resources in advance of the bar study period.

A transcript is available here.

Previous episode in this series: Study Groups: To Use or Not To Use?
Next episode in this series: Making Memorization Materials

See all available audiobook chapters and access the complete audiobook here. 

Each week we are highlighting a new section of the Guide and its audiobook chapters. From the Preparing to Study section, the chapter Study Groups: To Use or Not To Use? weighs considerations for deciding whether or not to join a study group for bar study.

A transcript is available here.

Previous episode in this series: Where Should You Study?
Next episode in this series: Know What Resources are Available to You

See all available audiobook chapters and access the complete audiobook here. 

Learning Outcomes
On completion of the podcast, the student will be able to:

1. Reflect on their own experience when speaking in class.
2. Understand some research behind why participating in law school feels so challenging (including imposter phenomenon, spotlight.
3. Use these reflections and understandings to guide their future class preparation, (including making individualized case reading and briefing plans).
4. Practice in-the-moment strategies for minimizing public speaking anxiety and maximizing ability to respond and demonstrate mastery.

Resources:
Imposter Phenomenon: https://so06.tci-thaijo.org/index.php/IJBS/article/view/521
Power Poses: https://jamesclear.com/body-language-how-to-be-confident
Spotlight Effect: https://pubmed.ncbi.nlm.nih.gov/10707330/

Visit CALI’s website for related lessons.

A transcript of this podcast is here.

Each week we are highlighting a new section of the Guide and its audiobook chapters. From the Preparing to Study section, the chapter Where Should You Study? goes over considerations for choosing a study location.

A transcript is available here.

Previous episode in this series: Creating a Daily Schedule
Next episode in this series: Study Groups: To Use or Not To Use?

See all available audiobook chapters and access the complete audiobook here. 

Each week we are highlighting a new section of the Guide and its audiobook chapters. From the Preparing to Study section, this chapter, Use Your Organizing Skills To Organize Yourself: Creating a Daily Schedule, discusses the importance of a detailed study schedule to bar exam success and considerations when doing so.

A transcript is available here.

Previous episode in this series: Disconnect From The Movement
Next episode in this series: Where Should You Study

See all available audiobook chapters and access the complete audiobook here. 

Each week we are highlighting a new section of the Guide and its audiobook chapters. From the Preparing to Study section, this chapter, Disconnect From The Movement, encourages bar takers to fully disconnect from community roles and responsibilities during the bar study period.

A transcript is available here.

Previous episode in this series: Reduce Work Obligations and Plan Your Finances
Next episode in this series: Creating a Daily Schedule

See all available audiobook chapters and access the complete audiobook here. 

Each week we are highlighting a new section of the Guide and its audiobook chapters. From the Preparing to Study section, this chapter, Reduce Work Obligations and Plan Your Finances, discusses the need to take time off from work and to plan finances in advance in order to maximize focus during the bar study period.

A transcript is available here.

Previous episode in this series: Unlearn What You Learned About Learning
Next episode in this series: Disconnect From The Movement

See all available audiobook chapters and access the complete audiobook here. 

Each week we are highlighting a new section of the Guide and its audiobook chapters. From the Preparing to Study section, this chapter, Unlearn What You Learned About Learning, gives five widely-held myths about learning that can create problems for bar takers.

A transcript is available here.

Previous episode in this series: For Loved Ones
Next episode in this series: Reduce Work Obligations and Plan Your Finances

See all available audiobook chapters and access the complete audiobook here. 

Each week we are highlighting a new section of the Guide and its audiobook chapters. From the For Your Loved Ones section, this chapter, For Loved Ones, speaks directly to friends and family of bar takers and offers advice on how to help them get through the challenging bar study period.

A transcript is available here.

Previous episode in this series: Prepare Your Family Before the Bar Study Period Begins
Next episode in this series: Unlearn What You Learned About Learning

See all available audiobook chapters and access the complete audiobook here. 

Each week we are highlighting a new section of the Guide and its audiobook chapters. From the For Your Loved Ones section, this chapter, Prepare Your Family Before the Bar Study Period Begins, offers advice on how to communicate with your friends and family about the intensity of bar study and what you need from them during that time. 

A transcript is available here.

Previous episode in this series: Trigger Warning: Bar Exam
Next episode in this series: For Loved Ones

See all available audiobook chapters and access the complete audiobook here. 

Each week we are highlighting a new section of the Guide and its audiobook chapters. From the Maintaining Your Mental Health section, this chapter, Trigger Warning: Bar Exam advises you to prepare for uncomfortable information you might encounter on the bar exam.

A transcript is available here.

Previous episode in this series: Critical Exam Skills: Building Confidence and Reducing Anxiety
Next episode in this series: Prepare Your Family Before the Bar Study Period Begins

See all available audiobook chapters and access the complete audiobook here. 

Each week we are highlighting a new section of the Guide and its audiobook chapters. From the Maintaining Your Mental Health section, this chapter, Critical Exam Skills: Building Confidence and Reducing Anxiety, discusses resources and practices to help you walk into the bar exam with confidence. 

A transcript is available here.

Previous episode in this series: Remember Why You Are Doing This
Next episode in this series: Trigger Warning: Bar Exam

See all available audiobook chapters and access the complete audiobook here. 

Each week we are highlighting a new section of the Guide and its audiobook chapters. From the Maintaining Your Mental Health section, this chapter, Remember Why You Are Doing This, encourages you to take some time to remind yourself of why you started on the law school journey in the first place. 

A transcript is available here.

Previous episode in this series: Registering for the Bar
Next episode in this series: Critical Exam Skills: Building Confidence and Reducing Anxiety

See all available audiobook chapters and access the complete audiobook here. 

Each week we are highlighting a new section of the Guide and its audiobook chapters. From the Bar Exam Overview section, this chapter, Registering for the Bar, walks you through the bar registration process, including deadlines, exam accommodations, and character and fitness. 

A transcript is available here.

Previous episode in this series: Multistate Bar Exam (MBE)
Next episode in this series: Remember Why You Are Doing This

See all available audiobook chapters and access the complete audiobook here. 

Each week we are highlighting a new section of the Guide and its audiobook chapters. From the Bar Exam Overview section, this chapter describes the purpose and format of the Multistate Bar Exam (MBE) and outlines a plan of action to succeed at it. 

A transcript is available here.

Previous episode in this series: Multistate Essay Exam (MEE)
Next episode in this series: Registering for the Bar

See all available audiobook chapters and access the complete audiobook here. 

Each week we are highlighting a new section of the Guide and its audiobook chapters. From the Bar Exam Overview section, this chapter describes the purpose and format of the Multistate Essay Exam (MEE) and outlines a plan of action to succeed at it. 

A transcript is available here.

Previous episode in this series: Multistate Performance Test (MPT)
Next episode in the series: Multistate Bar Exam (MBE)

See all available audiobook chapters and access the complete audiobook here. 

Each week we are highlighting a new section of the Guide and its audiobook chapters. From the Bar Exam Overview section, this chapter describes the purpose and format of the Multistate Performance Test (MPT) and outlines a plan of action to succeed at it. 

A transcript is available here.

Previous episode in this series: What is the Uniform Bar Exam?
Next episode in this series: Multistate Essay Exam (MEE) 

See all available audiobook chapters and access the complete audiobook here. 

Each week we are highlighting a new section of the Guide and its audiobook chapters. From the Bar Exam Overview section, this chapter, What is the Uniform Bar Exam?, briefly introduces each section of the Uniform Bar Exam (UBE) – the Multistate Performance Test (MPT), the Multistate Essay Exam (MEE), and the Multistate Bar Exam (MBE) – each of which is covered in more detail in later episodes.

A transcript is available here.

Previous episode in this series: For 1Ls and 2Ls: Using Law School To Prepare For The Bar
Next episode in the series: Multistate Performance Test (MPT)

See all available audiobook chapters and access the complete audiobook here. 

Learning Outcomes
On completion of the podcast, the student will be able to:
1.   Plan for some of the unique requirements of law school.
2.   Recognize differences between undergraduate studies and law school.

Visit CALI’s website for related lessons.

A transcript of this podcast is here.

Learning Outcomes
On completion of the podcast, the student will be able to:
1.   Choose the best bar exam to take.
2.   Plan for the bar application process.
3.   Evaluate commercial bar prep providers.
4.   Schedule your bar prep time more efficiently.
5.   Manage the costs of taking the bar exam.

Visit CALI’s website for related lessons.

A transcript of this podcast is here.

Each week we are highlighting a new section of the Guide and its audiobook chapters. From the During Law School section, this chapter, For 1Ls and 2Ls: Using Law School To Prepare For The Bar, talks about how to use your time in law school to figure out who you are as a learner and identify your most effective study practices to carry into bar study.

A transcript is available here.

Previous episode in this series: A Note To Social Justice Oriented, First-Generation, and Other Law Students.
Next episode in this series: What is the Uniform Bar Exam?

See all available audiobook chapters and access the complete audiobook here. 

Learning Outcomes
On completion of the podcast, the student will be able to:
1.    Apply strategies to manage the feeling of increased isolation, stress, and exhaustion due to the pandemic.
2.   Employ techniques to stay focused on work, particularly during Zoom lectures.
3.   Practice drawing the line between work and home life.

Visit CALI’s website for related lessons.

A transcript of this podcast is here.

Each week we are highlighting a new section of the Guide and its audiobook chapters. From the Introduction section, this chapter is A Note To Social Justice Oriented, First-Generation, and Other Law Students Who Don’t Feel Like Legal Education Was Designed With Them In Mind – a special message to law students whose experiences, communities, and future clients are underrepresented on the bar exam. 

A transcript is available here.

Previous episode in this series: Preface
Next episode in this series: For 1Ls and 2Ls: Using Law School To Prepare For The Bar

See all available audiobook chapters and access the complete audiobook here. 

Each week we will be highlighting a new section of the Guide and its audiobook chapters. To start us off, from the Introduction section, the chapter Preface provides a quick introduction to the Guide and states its design and purpose.

A transcript is available here.

Next episode in this series: A Note To Social Justice Oriented, First-Generation, and Other Law Students

See all available audiobook chapters and access the complete audiobook here. 

Learning Outcomes
On completion of the podcast, the student will be able to:
1.    Create a schedule to include spaced repetition in their study schedule.
2.    Build flashcards for their courses.
3.    Apply a cognitive schema to their study schedule.

Visit CALI’s website for related lessons.

A transcript of this podcast is here.

Learning Outcomes
On completion of the podcast, the student will be able to:
1. Identify when a party is a third party beneficiary of a contract with rights to enforce the contract and when they are merely an incidental beneficiary with no rights to enforce it.
2. Explain the court’s analysis in Lawrence v. Fox.
3. State the rule from Restatement (Second) of Contracts § 302.
4. State an example indicating the “intent of the parties.”

A transcript of this podcast is here.

Learning Outcomes
On completion of the podcast, the student will be able to:
1. State the rule in § 9-322(a)(1).
2. Explain an exception to the rule of first to file or perfect.
3. Discuss what happens between two unperfected secured creditors.
4. Discuss what happens between two perfected secured creditors.
5. Explain the difference of categorizing the goods as consumer goods or inventory.

A transcript of this podcast is here.

Learning Outcomes
On completion of the podcast, the student will be able to:
1. Describe the process by which a secured creditor can attach its security interest to collateral, thus making it enforceable against the debtor.
2. Identify the key elements of attachment: (i) value given; (ii) debtor having rights to the collateral; and (iii) proof of a security agreement by satisfaction of one of the alternative conditions.
3. Recognize the alternative conditions that satisfy the third element needed to attach a security interest, most often having a security agreement signed by the debtor.

A transcript of this podcast is here. 

Learning Outcomes
On completion of the podcast, the student will be able to:
1. Describe the process by which a secured creditor could attach its security interest to collateral, thus making it enforceable against the debtor.
2. Identify the key elements of attachment: (i) value given; (ii) debtor having rights in the collateral and; (iii) satisfaction of one of the alternative conditions, most often having a security agreement signed by the debtor.

A transcript of this podcast is here. 

Learning Outcomes
On completion of the podcast, the student will be able to:
1. Define the rule of attachment under the rules of § 9-203.
2. Explain what a seller or lender must do under § 9-103 to create a PMSI.
3. State the importance of § 9-309 on a PMSI in consumer goods.
4. Discuss the exception to automatic perfection.
5. Discuss the superpriority rules of § 9-324.
6. Provide an example of the application of § 9-317.
7. Explain a priority contest with a judicial lien creditor or bankruptcy trustee.
8. Define the “yard sale” rule under § 9-320(b).
9. Describe the effect of priority rules for fixtures in § 9-334 if the security interest is a PMSI.

A transcript of this podcast is here.

Learning Outcomes
On completion of the podcast, the student will be able to:
1. Identify a judicial lien creditor.
2. Identify a creditor with a lien arising by operation of law.
3. Identify, a creditor with an agricultural lien.
4. Explain when the IRS will levy a tax lien.
5. Determine whether the lien or a security interest has priority in the collateral.

A transcript of this podcast is here.

Learning Outcomes
On completion of the podcast, the student will be able to:
1. Describe how a secured creditor goes about describing the collateral in the security agreement, particularly when using a type of collateral defined in the Uniform Commercial Code.
2. Describe and identify the intangible and quasi-intangible property definitions: accounts, chattel paper, commercial tort claims, deposit accounts, instruments, documents, investment property, general intangibles, letter of credit rights, and money.

A transcript of this podcast is here. 

Learning Outcomes
On completion of the podcast, the student will be able to:
1. Describe how a secured creditor goes about describing the collateral in the security agreement, including by specific listing, category, and type of collateral defined in the Uniform Commercial Code.
2. Describe and identify the tangible property definitions for goods: inventory, farm products, consumer goods, and equipment.

A transcript of this podcast is here. 

Learning Outcomes
On completion of the podcast, the student will be able to:
1. Distinguish between a promise and a condition.
2. State an example of implied conditions.
3. Explain the origin of implied conditions.
4. Explain a court’s determination when there is substantial performance.
5. State what the remedy is when a promise is breached and when a condition is not satisfied.

A transcript of this podcast is here.

Learning Outcomes
On completion of the podcast, the student will be able to:
1. Define a condition.
2. Distinguish between a promise and a condition.
3. Explain the policy reasons courts use to excuse satisfaction of a condition.
4. Provide examples of when a court might look to 1) waiver, 2) divisible contract, 3) restitution, and 4) excuse of condition.

A transcript of this podcast is here.

Learning Outcomes
On completion of the podcast, the student will be able to:
1. Define a condition.
2. Distinguish between a promise and a condition.
3. Provide an example of an express condition.
4. Explain why an express condition is an exception to the parol evidence rule.
5. State what the remedy is when a promise is breached and when a condition is not satisfied.

A transcript of this podcast is here.

Learning Outcomes
On completion of the podcast, the student will be able to:
1. Explain the limitation that mitigation puts on the non-breaching party’s recovery.
2. State examples of mitigation from both the common law and the sale of goods under the U.C.C.

A transcript of this podcast is here.

Learning Outcomes
On completion of the podcast, the student will be able to:
1. Identify when a party to a contract may have a claim against a third party for tortious interference.
2. Discuss defenses to a tortious interference claim.

A transcript of this podcast is here.

Learning Outcomes
On completion of the podcast, the student will be able to:
1. Explain the concept of certainty in computing contract damages.
2. Identify when certainty is applicable.
3. Apply the certainty requirement.

A transcript of this podcast is here.

Learning Outcomes
On completion of the podcast, the student will be able to:
1. Apply the Hadley rules to determine whether the party in breach is liable for consequential damages.
2. Explain how a party can avoid liability for consequential damages.

A transcript of this podcast is here.

Learning Outcomes
On completion of the podcast, the student will be able to:
1. Describe the basic requirements of a contract.
2. Recognize when promises may be enforceable based upon reliance when consideration is lacking.
3. List the requirements of promissory estoppel.
4. Apply the rule for promissory estoppel.
5. Discuss the remedy in promissory estoppel cases.

A transcript of this podcast is here. 

Learning Outcomes
On completion of the podcast, the student will be able to:
1. State the default rules under UCC § 2-206(1).
2. Explain when an offeror can vary the default rules.
3. Give an example of “the unilateral contract trick.”
4. Apply the UCC rules to the shipment of conforming and non-conforming goods.

A transcript of this podcast is here.

Learning Outcomes
On completion of the podcast, the student will be able to:
1. Explain, identify, and apply each of the methods by which parties may seek discharge to contractual duties: rescission, substituted performance, substituted contract, novation, and accord and satisfaction.
2. Explain when attempts to discharge duties using one of these methods are not enforceable due to lack of consideration for the discharge.

A transcript of this podcast is here. 

Learning Outcomes
On completion of the podcast, the student will be able to:
1. Explain when contract rights may be assigned and when contract duties may be delegated.
2. Recognize an effective prohibition of assignment of rights or delegation of duties.

A transcript of this podcast is here.

Learning Outcomes
On completion of the podcast, the student will be able to:
1. Explain that silence is almost never acceptance and that the presumption is against silence is being acceptance.
2. Identify and apply the exceptions to this rule whereby silence can be acceptance:
A. The offeree takes a benefit with the reasonable opportunity to reject it and an expectation of compensation.
B. Where there is prior conduct indicating an offeree should be bound by silence.
C. Where the offeror indicates silence can be acceptance and the offeree intends to accept.
D. Where there is an exercise of dominion by the offeree of the offeror’s property.

A transcript of this podcast is here. 

Learning Outcomes
On completion of the podcast, the student will be able to:
1. Explain that for there to be a contract, there must be consideration or another justification for enforcing the agreement. 
2. Explain and apply the rule for bargained-for exchange.
3. Explain and apply the rule that promises that are based on a benefit previously received are not supported by consideration but are referred to as having “past consideration” or “moral obligation.” 
4. Identify situations where there is no consideration because of the past nature of the benefit, but that the promise may nevertheless be enforceable under the material benefit rule where a promise is made after the promisee conferred a benefit on the promisor and it would be unjust not to enforce the promise. 

A transcript of this podcast is here. 

Learning Outcomes
On completion of the podcast, the student will be able to:
1. Explain why for there to be a contract, there must be consideration or another justification for enforcing the agreement.
2. Explain why promises to make a gift are not supported by consideration.
3. Apply the rule for bargained-for exchange.
4. Identify situations where there’s no consideration because there is a promise of a gift.

A transcript of this podcast is here. 

Learning Outcomes
On completion of the podcast, the student will be able to:
1. Explain that a modification of a contract has to be agreed to by the parties.
2. Explain that modifications follow the same rules of assent as apply to the formation of contracts.
3. Identify and apply the pre-existing duty rule that requires modifications to be supported by new consideration to be binding.
4. Explain and apply the modern common law rule that permits modification without new consideration if there are unforeseen circumstances, and the modification is fair and equitable.
5. Explain and apply the rule of UCC § 2-209, which also validates contracts as modified without new consideration.

A transcript of this podcast is here.

A transcript of this podcast is here.

Learning Outcomes
On completion of the podcast, the student will be able to:
1. Explain that the formation of a contract requires consideration or another justification for enforcing the agreement.
2. Describe the difference between the courts’ previous application of a benefit-detriment test as contrasted with modern courts evaluation of whether there is a bargained-for exchange to determine whether promises were supported by consideration
3. Apply the rule for bargained-for exchange as requiring a promise or performance sought by a party in exchange for the other party’s promise or performance where the exchange is present on a reciprocal basis.
4. Identify situations where there is no consideration because there is a promise for a gift, past consideration, or nominal or sham consideration.
5. Discuss why courts do not typically inquire into consideration’s adequacy, so bargains of unequal value are enforceable and not lacking consideration.

A transcript of this podcast is here.

A transcript of this podcast is here.

The topic of this podcast by Professor Scott J. Burnham is the Parol Evidence Rule. In general, there is no probem with oral agreements. There are a few exceptions where the agreement has to be evidenced by a writing to satisfy the Statute of Frauds, but by and large oral agreements are perfectly valid.

The Parol Evidence Rule is applied where there is both a written agreement and an oral agreement. The Rule doesn’t say that once the parties have reduced their agreement to writing, no evidence of oral understandings is permitted. That would go too far, because there is nothing wrong with an agreement that is partly written and partly oral, which the Restatement of Contracts calls a “partial integration.” The evidence is only excluded when they intend the writing to be the entire agreement, which the Restatement calls a “full integration.” That is where the difficulties come up with applying the parol evidence rule — How do you determine the parties’ intention? That is, how do you determine whether they intended their agreement to be found entirely in the writing?

At the conclusion of this podcast you should be able to (1) state the Parol Evidence Rule and determine whether it applies in a particular fact situation, and (2) analyze whether a court will admit the evidence or not if the Parol Evidence Rule does apply.

A transcript of this podcast is here.

A transcript of this podcast is here.

A transcript of this podcast is here.

A transcript of this podcast is here.

A transcript of this podcast is here. 

A transcript of this podcast is here.

A transcript of this podcast is here.

A transcript of this podcast is here.

A transcript of this podcast is here.

A transcript of this podcast is here.

A transcript of this podcast is here.

A transcript of this podcast is here. 

A transcript of this podcast is here. 

This podcast introduces the defenses, but an in-depth review of the defenses and their elements are left to other podcasts. At the conclusion of this podcast, you should be able to (1) identify the defenses related to incapacity, assent and public policy; and (2) describe how defenses might render a contract void or might be used to enable a party to rescind a contract otherwise validly entered into.

A transcript of this podcast is here. 

A transcript of this podcast is here. 

A transcript of this podcast is here.

A transcript of this podcast is here.

A transcript of this podcast is here. 

A transcript of this podcast is here.

At the conclusion of this podcast you should be able to (1) define the four methods of terminating an offer prior to acceptance: (i) by rejection or counteroffer by the offeree, (ii) by lapse of the offer, (iii) by revocation by the offeror; or (iv) by death or incapacity of the offeror or the offeree; and (2) evaluate factual situations to determine when a reasonable person would conclude that the power of acceptance is no longer present such that an offeree cannot accept the offer.

A transcript of this podcast is here.

A transcript of this podcast is here.

A transcript of this podcast is here.

A transcript of this podcast is here.

A transcript of this podcast is here.

A transcript of the podcast is here.

A transcript of this podcast is here.

A transcript of this podcast is here.

A transcript of this podcast is here.

A transcript of this podcast is here.

A transcript of this podcast is here.

A transcript of this podcast is here.

A transcript for this podcast is here.

A transcript of this podcast is here.

A transcript of this podcast is here.

A transcript of this podcast is here.

A transcript of this podcast is here.

A transcript of the podcast is here.

A transcript of the podcast is here.

A transcript of the podcast is here.

A transcript of the podcast is here.

A transcript of the podcast is here.

A transcript of this podcasts is here.

These rules are commonly tested on law school and bar examinations. At the conclusion of this podcast, you should be able to (1) identify and describe the exceptions that permit a buyer of collateral subject to a security interest to take free of the security interest and prevail over a secured creditor; and (2) apply the rules of common factual presentations concerning buyers.

A transcript of this podcast is here.

This podcast will examine the rules that come into play in three situations: (1) when a secured creditor has used an after-acquired property clause, or otherwise has a floating lien on inventory, including the retention of title rules of U.C.C. §§ 1-201(b)(35) and 2-401; (2) purchase money security interests under § 9-324; and (3) the seller’s right of reclamation arising under U.C.C. § 2-702.

These rules are commonly tested on law school and bar examinations. At the conclusion of this podcast, you should be able to (1) identify and describe when and how a seller will have to comply with Article 9 in order to protect its interest in goods delivered to a buyer that has not yet paid for the goods; and (2) apply the rules related to purchase money security interests and determine when a seller might have a right of reclamation under Article 2.

A transcript of this podcast is here.

This podcast will examine the nature of a PMSI and the rules that come into play to determine which creditor has priority under § 9-324. These rules are commonly tested on law school and bar examinations. A PMSI is simply a specific type of security interest. In order to attach the interest, the attachment rules of § 9-203 still apply, At the conclusion of this podcast, you should be able to (1) identify and describe what a PMSI is; (2) describe how a secured party can create and perfect a security interest in purchase money collateral; (3) explain the rules governing priority of PMSIs; and (4) apply the rules related to purchase money security interests, including those related to proceeds.

A transcript of this podcast is here.

A transcript of the podcast is here.

A transcript of this podcast is here.

A transcript of the podcast is here.

A transcript of this podcast is here.

A transcript of the podcast is here.

A transcript of the podcast is here.

A transcript of this podcast is here.

A transcript of the podcast is here.

This podcast primarily focuses on repossession of collateral arising from a security interest created under Article 9. The basic concepts associated with repossession are: replevin, self-help, receiver, breach of the peace, and trespass. At the conclusion of this podcast, you should be able to (1) identify and describe the judicial as well as the non-judicial means that secured creditors can use to take possession of collateral upon a default.; and (2) describe some of the scenarios that would involve a breach of the peace, but realize that the factual nature of the determination might prevent self-help by a secured creditor.

A transcript of this podcast is here.

A transcript of this podcast is here.

A transcript of this podcast is here.

A transcript of this podcast is here.

This is the fifth and final podcast from Professor Glesner Fines that accompanies her book “Materials for Law School Success,” available for free from CALI’s eLangdell® Press.

Professor Glesner Fines has written numerous CALI lessons on a variety of legal topics. Her lessons are listed here.

This podcast is the fourth in a series from Professor Glesner Fines that accompanies her book “Materials for Law School Success,” available for free from CALI’s eLangdell® Press.

Professor Glesner Fines has written numerous CALI lessons on a variety of legal topics. Her lessons are listed here.

This podcast is the third in a series of Lawdibles from Professor Glesner Fines. The series of podcasts accompanies her book “Materials for Law School Success,” available for free from CALI’s eLangdell® Press.

Professor Glesner Fines has written numerous CALI lessons on a variety of legal topics. Her lessons are listed here.

This podcast is the second in a series from the author that accompanies her book “Materials for Law School Success,” available for free from CALI’s eLangdell® Press.

Professor Glesner Fines has written numerous CALI lessons on a variety of legal topics. Her lessons are listed here.

This is the first in a series of podcasts from Professor Glesner Fines that accmpanies her eBook, “Materials for Law School Success,” available for free from CALI’s eLangdell® Press.

Professor Barbara Glesner Fines’ numerous CALI lessons are listed here.

Her faculty biography can be found here.

What is the difference between comparative negligence and assumption of the risk?

This Lawdible helps students learn to recognize the differences between the two most important  affirmative defenses to a negligence claim — assumption of the risk and comparative negligence.  Professor Fordham works through a hypothetical that highlights the differences between assumption of the risk and comparative negligence.  He then explains a narrow, but essential exception to the rule for assumption of the risk, often referred to as “primary” assumption of the risk. Professor Fordham shows how primary assumption of the risk is different from secondary assumption of the risk and suggests keys to applying these affirmative defenses.

Professor Brigham Fordham is an Associate Professor at Phoenix School of Law.

When hearsay is introduced against a party, that party may impeach the Declarant using any techniques that could be used against a witness who testifies live in court. For example, evidence of past convictions related to truth-telling may be introduced, to show that jury that the declarant has a character trait of untruthfulness. Similarly, opinion and reputation evidence about that character are admissible.  Proof of bias in any form can be introduced to show that the declarant may have had a motive to shade his or her statements in a particular direction.

With regard to inquiring about past bad acts relevant to truth-telling, that technique can be used against a live-in-court witness, but probably cannot be used where a hearsay declarant is sought to be impeached, since the declarant is not on the witness stand to hear and answer a question about his or her past acts.

Here’s Professor Best’s faculty bio.

Professor Glesner Fines’ faculty biography can be found here.

We don’t have a specific CALI Lesson to pair with this Lawdible. But Professor Glesner Fines is a prolific CALI Lesson author and has written many Professional Responsibility CALI Lessons listed here.

When a party wants to show how someone acted out of court, using character evidence for that purpose is generally prohibited. But when a party wants to show that a witness likely lied while testifying, character evidence about the witness’s character trait for truthfulness is allowed.  In the first situation, character evidence to show conduct out-of-court, risks of prejudice against the defendant are high, and the vagueness of character evidence is particularly problematic.

When character evidence is offered to show whether a person lied on the witness stand, the risks of prejudice against the defendant are reduced since the witness may not be the defendant. Also, the probative value of the character evidence is likely to be high, since the trait – truthfulness – is clearer than other traits such as violence, and the conduct to which the trait is linked, testifying, may be less complex than much other conduct in the world.

CALI Lesson Pairings: Impeachment and Rehabilitation of Witnesses and Character Evidence Under Federal Rules.

Here’s Professor Best’s faculty bio.

The discussion clearly highlights how the two concepts should be treated in each class.

CALI Lesson pairings: Causation in Fact (Torts) and Causation (Criminal Law)

Here’s Professor Garfield’s faculty profile.

Apparently, even though there are big risks of prejudice and imprecision when we admit character evidence to show action in conformity with that character, some common-sense feelings about that evidence support the use of some major exceptions to the prohibition.

A defendant may introduce evidence of his or her own good character and may introduce evidence about an alleged victim’s character for aggressiveness, for example. The prosecution may respond with additional character evidence.  The combination of a general prohibition and a variety of exceptions suggests that the law may have only moderate allegiance to the basic anti-propensity rule.

CALI Lesson pairing: Character Evidence Under Federal Rules

Professor Best’s faculty profile is here.

In this Lawdible, Professor Karin Mika of Cleveland-Marshall College of Law gives advice on how to make the best case law selection when writing a memo covering a state law issue.

CALI Lesson Pairing: Decision Point: State or Federal?

Here is Professor Mika’s faculty profile.

In this Lawdible, Suspect’s Right To Counsel, Professor Edwin Butterfoss of Hamline University gives you a very straightforward  checklist for tackling the legal questions involved with a suspect’s right to an attorney.

CALI Lesson Pairings: Miranda I: Custody, Interrogation and Waiver and Miranda II: Assertion of the Rights, Exceptions, and Other Limits both written by Professor Butterfoss.

You can find Prof. Butterfoss’ Hamline faculty bio here.

Audio: Legal Issues involving Cohabitation of Unmarried Couples by Len Biernat

CALI Lesson Pairing: Cohabitation

Find Professor Biernat’s bio here.

In this Lawdible Professor Best covers different scenarios where one might offer an out-of court statement for reasons other than the truth of the matter asserted, such as to show that someone who heard a statement had notice or knowledge about something. The analysis reviews the underlying rationale for the hearsay rule, explaining how cross-examination can probe a speaker’s perception, memory, choice of words and apparent honesty. When those aspects of a speaker’s statement would be trivial, the hearsay bar is usually withdrawn.

Audio: Hearsay – How to tell if a statement is offered for truth of the matter asserted by Prof. Arthur Best

CALI Lesson Pairing: The Definition of Hearsay and the Federal Rules Part 2: Statements and What They Assert

Other CALI Lessons of interest:  The Concept of Hearsay, Hearsay From Square One: The Definition of Hearsay, and The Hearsay Rule & Its Exceptions

Arthur Best is a professor of law at the University of Denver Sturm College of Law. He teaches Evidence and Torts, and is the author of a leading student guide to Evidence Law, Evidence: Examples and Explanations. He also is the editor of twice-yearly Supplement Volumes to the treatise Wigmore on Evidence

We know that simple negligence (for example, a missed filing deadline) can result in malpractice liability for the attorney. But the question about attorney discipline and incompetence for negligent errors is a trickier one. Listen to her Lawdible below for a further explanation.

Audio: Can Simple Negligence Equal Attorney Incompetence? – By Barbara Glesner Fines

If you like this Lawdible try Prof. Glesner Fines’ Professional Responsibility CALI Lesson on Basis for Attorney Discipline.

Find Professor Glesner Fines’ bio here.