The Law School of America
Law School
The Law School of America podcast is designed for listeners who what to expand and enhance their understanding of the American legal system. It provides you with legal principles in small digestible bites to make learning easy. If you're willing to put in the time, The Law School of America podcasts can take you from novice to knowledgeable in a reasonable amount of time.
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The Law School of America
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A podcast weboldala
Legutóbbi epizód
2026. nov. 15.
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Epizódok
Tort law: Defenses - Necessity 27.07.2020 8:37
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 typically invokes the defense of necessity only against the intentional torts of trespass to chattels, trespass to land, or conversion. The Latin phrase from common law is necessitas inducit privilegium quod jura private, ("Necessity induces a privilege beca...
Criminal law: Severity of offense - Summary offence 23.07.2020 6:56
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 indictment (required for an indictable offence).
Criminal law: Severity of offense - Misdemeanor 23.07.2020 6:34
A misdemeanor (American English, spelled misdemeanour in British English) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than administrative infractions (also known as minor, petty, or summary offences) and regulatory offences. Many misdemeanors are punished with monetary fines.&...
Intellectual property: Geographical indication 21.07.2020 22:18
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, region, or country). The use of a geographical indication, as an indication of the product's source, acts as a certification that the product possesses certain qualities, is made according to traditional methods, or enjoys a good reputation due to...
Tort law: Defenses - Consent 20.07.2020 13:52
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 used in such fields as the law, medicine, research, and sexual relationships. Types of consent include implied consent, express consent, informed consent and unanimous consent. Consent as understood in specific contexts may differ from its everyday me...
Tort law: Defenses - Contributory negligence 20.07.2020 3:17
In some common law jurisdictions, contributory negligence is a defense to a tort claim based on negligence. If it is available, the defense completely bars plaintiffs from any recovery if they contribute to their own injury through their own negligence. Because the contributory negligence doctrine can lead to harsh results, many common law jurisdictions have abolished it in favor of a "comparative...
The US Constitution: History and overview (Part 1 of 4) 20.07.2020 19:30
The Constitution of the United States is the supreme law of the United States of America. The Constitution, originally comprising seven articles, delineates the national frame of government. Its first three articles embody the doctrine of the separation of powers, whereby the federal government is divided into three branches: the legislative, consisting of the bicameral Congress (Article I); the e...
Criminal law: Severity of offense - Felony 14.07.2020 15:26
The term felony originated from English common law, from the French medieval word "félonie", to describe an offense that resulted in the confiscation of a convicted person's land and goods, to which additional punishments including capital punishment could be added. Other crimes were called misdemeanors. A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is reg...
Criminal law: Scope of criminal liability - Vicarious 14.07.2020 7:46
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 collective activity.
Intellectual property: Farmers' rights 12.07.2020 13:59
The International Treaty on Plant Genetic Resources for Food and Agriculture, (also known as ITPGRFA, International Seed Treaty or Plant Treaty is a comprehensive international agreement in harmony with the Convention on Biological Diversity, which aims at guaranteeing food security through the conservation, exchange and sustainable use of the world's plant genetic resources for food and agricultu...
Tort law: Defenses - Assumption of risk 12.07.2020 5:10
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 defendant can demonstrate that the plaintiff voluntarily and knowingly assumed the risks at issue inherent to the dangerous activity in which the plaintiff was participating at the time of his or her injury.
Tort law: Defenses - Comparative negligence 12.07.2020 3:17
Comparative negligence, or non-absolute contributory negligence outside the United States, is a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim, based upon the degree to which the plaintiff's own negligence contributed to cause the injury. When the defense is asserted, the factfinder, usually a jury, must decide the degree to which...
Bonus episode: Supreme Court case opinion - Trump v. Vance 10.07.2020 5:56
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 Vance Jr.'s attempt to subpoena the tax records of President Donald Trump as part of the ongoing investigation into the Stormy Daniels scandal, which Trump has litigated to prevent their release. The Court held that Article II and the Supremacy Clause do...
Bonus episode: Supreme Court case opinion - Trump v. Mazars USA, LLP 10.07.2020 6:46
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 subpoenas to obtain the tax returns of President Donald Trump, which Trump has litigated to prevent but which had been cleared by the United States Court of Appeals for the District of Columbia Circuit. In a 7–2 decision issued in July 2020, the Supreme C...
Intellectual property: Database right 08.07.2020 6:58
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 compiling a database, even when this does not involve the "creative" aspect that is reflected by copyright. Such rights are often referred to in the plural: database rights.
Criminal law: Scope of criminal liability - Corporate liability 07.07.2020 8:50
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 natural persons it employs. It is sometimes regarded as an aspect of criminal vicarious liability, as distinct from the situation in which the wording of a statutory offence specifically attaches liability to the corporation as the principal or joint p...
Tort law: Property torts - Trover 04.07.2020 34:12
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 remedies for such wrongful taking, its distinctive feature being recovery only for the value of whatever was taken, not for the recovery of the property itself.
Intellectual property: Copyright (Part 2) 03.07.2020 24:43
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 cheaper to produce works, but as there was initially no copyright law, anyone could buy or rent a press and print any text. Popular new works were immediately reset and re-published by competitors, so printers needed a constant stream of new material....
Criminal law: Scope of criminal liability - Complicity 02.07.2020 15:26
Complicity is the participation in a completed criminal act of an accomplice, a partner in the crime who aids or encourages (abets) other perpetrators of that crime, and who shares with them an intent to act to complete the crime. A person is an accomplice of another person in the commission of a crime if they purpose the completion of a crime, and toward that end, if that person solicits or encou...
Bonus episode: Supreme Court case opinion - Patent and Trademark Office v. Booking.com B. V. 02.07.2020 5:23
Booking.com is an online travel agency, operating under both that name and at that domain name. The company sought to trademark its name with the United States Patent and Trademark Office (USPTO). The USPTO had denied the application: it ruled that the term "booking" as applied to the class of travel services was a generic term, and that Booking.com had not shown how their mark had gained distinct...
Bonus episode: Legal Terminology 01.07.2020 29:54
A reference work with a list of legal terms from one or more languages, ordered alphabetically, explaining each word's meaning, and sometimes containing information on its usage, translations, and other data.
Criminal law: Elements - Concurrence 30.06.2020 9:10
In Western jurisprudence, concurrence (also contemporaneity or simultaneity) is the apparent need to prove the simultaneous occurrence of both actus reus ("guilty action") and mens rea ("guilty mind"), to constitute a crime; except in crimes of strict liability. In theory, if the actus reus does not hold concurrence in point of time with the mens rea then no crime has been committed.
Tort law: Property torts - Replevin 25.06.2020 14:48
Replevin or claim and delivery (sometimes called revendication ) is a legal remedy, which enables a person to recover personal property taken wrongfully or unlawfully, and to obtain compensation for resulting losses.
Intellectual property: Copyright (Part 1) 22.06.2020 20:49
Copyright is a type of intellectual property that gives its owner the exclusive right to make copies of a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on...
Criminal law: Causation 21.06.2020 24:49
Causation is the "causal relationship between the defendant's conduct and end result". In other words, causation provides a means of connecting conduct with a resulting effect, typically an injury. In criminal law, it is defined as the actus reus (an action) from which the specific injury or other effect arose and is combined with mens rea (a state of mind) to comprise the elements of guilt. Causa...
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