Lawdibles

In this podcast Professor Jennifer Martin will introduce you to the protection afforded a holder in due course from defenses to payment arising from personal defenses. As holder in due course doctrine arises under Article 3 of the Uniform Commercial Code, this topic deals with instruments, typically paper checks and promissory notes. Importantly, holders in due […]

The topic of this podcast by Professor Jennifer Martin is who is a holder in due course, how someone becomes a holder in due course, and why it’s important. This podcast will explain the distinction between the process of becoming a holder and a holder in due course. Like other podcasts in the Payment Systems […]

The topic of this podcast by Professor Jennifer Martin is the obligations and rights of accommodation parties and accommodated parties under Article 3 of the Uniform Commercial Code (U.C.C.), including issues that arise with respect to the settlement of the obligation of the primary obligor. Guarantee transactions present themselves frequently in practice and, because issues […]

The topic of this podcast by Professor Jennifer Martin is: (1) when a person that takes an instrument from a fiduciary has notice of the breach of fiduciary duty; and (2) when a representative is bound individually on an instrument. This podcast covers the rules of §§ 3-307 and 3-402. These topics are often covered […]

The topic of this podcast, by Professor Jennifer Martin, is the relationship between the liability that parties have on an underlying contractual obligation and an instrument that is taken as payment for the same obligation, including using an instrument to achieve an accord and satisfaction as to a contractual dispute. For example, an individual enters […]

In this podcast Professor Jennifer Martin introduces you to the different basic vocabulary and parties you may see when considering a negotiable instrument under Article 3 of the Uniform Commercial Code. Article 3 is tested on a number of bar examinations. It is always important to correctly identify the transaction and its parties when considering […]

In this podcast Professor Jennifer Martin addresses the liability that arises when there is a fraudulent signature on an instrument, as well as the effect of alterations and negligence. These rules are covered in Article 3 of the Uniform Commercial Code, which is tested in a number of states on the bar exam. At the […]

In this podcast, Professor Jennifer Martin addresses three situations where employers have responsibility for employee fraud related to instruments: (1) where there is a fraudulent indorsement on an instrument either sent to the employer or issued by the employer; (2) where the employee has fraudulently caused the issuance of instruments by the employer; and (3) […]

The topic of this podcast, by Professor Jennifer Martin, is who has responsibility for losses involving imposters and fictitious payees. This topic deals with instruments, typically paper checks and promissory notes. Most individuals don’t use paper checks very often, but checks and promissory notes are still used in many transactions, particularly larger ones. Moreover, financial […]

In this podcast, Professor Jennifer Martin explains who a holder is, how someone becomes a holder, and why it is important. This topic deals with instruments, typically paper checks and promissory notes. While we might not use instruments frequently, checks and promissory notes are still used in many transactions, particularly larger ones. Moreover, financial fraud remains […]

This podcast by Professor Jennifer Martin explains what an indorsement is, the different types of indorsements and why they can be important.  Indorsements are covered in Article 3 of the Uniform Commercial Code, which is tested by a number of states on the bar examination. At the conclusion of this podcast, you should be able to […]

The topic of this podcast by Professor Jennifer Martin is when a party that has suffered a loss can shift the loss to another party who indorsed the instrument or who either transferred or presented an instrument for payment. This is important because oftentimes an examination question will simply ask who is liable, which often […]

The topic of this podcast by Professor Jennifer Martin is the basic concepts related to payment systems. In particular, this podcast will introduce some of the payment systems, many of which you probably use regularly. At the conclusion of this podcast, you should be able to (1) identify some of the primary payment systems in the […]

The topic of this podcast by Professor Jennifer Martin is the basics of who can bring which claims on a negotiable instrument and against whom. This is important because oftentimes an examination question will simply ask who is liable. But in practice and sometimes on an examination you will have to answer as to the […]

The topic of this podcast by Professor Jennifer Martin is to introduce the basic attributes of credit cards and how the payment system handles error and fraud. At the conclusion of this podcast, you should be able to (1) identify the primary parties associated with credit card transactions; and (2) identify the applicable legal rules and the […]

This podcast by Professor Jennifer Martin introduces students to the basic attributes of debit cards and how the payment system handles error and fraud. Debit cards are governed by the rules of the federal government’s Consumer Financial Protection Bureau (CFPB) contained in Regulation E. This podcast discusses Regulation E, including issuance of debit cards, disclosures, liability for unauthorize...

The topic of this podcast by Professor Jennifer Martin is which party will prevail in a competition for collateral as between buyers of the collateral and secured parties. While secured parties might expect to prevail with respect to their collateral most of the time, buyers of goods also have expectations that are protected with respect […]

The topic of this podcast by Professor Jennifer Martin is which party will prevail in a competition for collateral as between sellers and the creditor with a security interest in the debtor’s assets. While secured parties might expect to prevail with respect to their collateral most of the time, sellers of goods to a debtor […]

The topic of this podcast by Professor Jennifer Martin is which party will prevail in a competition for collateral as between sellers or lenders having a purchase money security interest (“PMSI”) and other creditors with a security interest in the debtor’s assets. While secured parties might expect to prevail with respect to their collateral most […]

The topic of this podcast by Professor Jennifer Martin is how a secured creditor goes about maintaining a perfected security interest in order to prevail against others who might claim the same collateral. This topic primarily requires a careful reading of UCC §§ 9-513 and 9-515 and a basic understanding of how a secured party […]

This podcast by Professor Jennifer Martin evaluates when a transaction described as a “lease” will be considered a sale with a retention of a security interest and covered by Article 9. In particular, it will describe the situations that suggest that a lease is a true lease and those in which the lease is actually […]

The topic of this podcast by Professor Jennifer Martin is some of the basic concepts of bankruptcy, as well as the automatic stay, and some ways you might find to get around it. While most courses on secured transactions focus on U.C.C. Article 9, which is state law, sometimes you will find that a debtor […]

This podcast by Professor Jennifer Martin discusses the nature of security interests, as well as some of the basic vocabulary that you will need to understand the concepts, using the rules set forth in the Uniform Commercial Code Article 9. The rules of Article 9 are state statutory law. The primary terms of art associated with […]

This podcast by Professor Jennifer Martin discusses how a secured creditor goes about perfecting its security interest in order to prevail against others who might claim the same collateral. This topic primarily requires a careful reading of UCC § 9-310 and a basic understanding of how a secured party attaches its security interest in the first […]

This podcast by Professor Jennifer Martin explains the use of after-acquired property clauses and future advances given by secured creditors. This topic primarily requires a careful reading of UCC § 9-204 and a basic understanding of how a secured party attaches its security interest in the first place. By the podcast’s conclusion, you should be able to […]