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American Law Cafe

Pre-Law Productions

49 episodes

1 day ago

🎙️ Property Law Spotlight: Mine, Yours, or Ours? Understanding Concurrent Ownership In this episode of American Law Café, we unpack concurrent ownership—the ways two or more people can own the same property at the same time. From roommates to married couples, the type of ownership determines what happens when someone dies, sells, or faces creditors. Part 1 – What Is Concurrent Ownership? When multiple people hold rights to the same property simultaneously.The law recognizes three main forms: ...

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🎙️ Property Law Spotlight: Mine, Yours, or Ours? Understanding Concurrent Ownership In this episode of American Law Café, we unpack concurrent ownership—the ways two or more people can own the same property at the same time. From roommates to married couples, the type of ownership determines what happens when someone dies, sells, or faces creditors. Part 1 – What Is Concurrent Ownership? When multiple people hold rights to the same property simultaneously.The law recognizes three main forms: ...

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Episodes (20/49)

American Law Cafe

Final Exam Ready: 5 Torts Essay Hypos Every 1L Should Master

📚 Episode Summary: It’s finals season, and we’ve got your 1L torts essay prep covered. In this episode of American Law Café, we walk through five realistic essay-style fact patterns, each one modeled after the types of questions you're likely to see on your 1L torts final. From intentional torts and emotional distress to comparative fault and assumption of risk, these examples are designed to help you sharpen your issue-spotting, structure clear IRAC answers, and master the rules that matter...

2 months ago

19 minutes

American Law Cafe

🎧 Mastering Torts: The Ultimate 1L Crash Course for Finals

📚 Episode Summary: In this power-packed episode of American Law Café, we walk you through the entire landscape of tort law—perfect for 1Ls prepping for finals or anyone needing a comprehensive refresher. From the building blocks of intentional torts to the complexities of strict liability and products liability, this episode simplifies everything you need to know—organized in the same format your professors expect. We cover: The core elements of battery, assault, false imprisonment, IIED, tr...

2 months ago

27 minutes

American Law Cafe

Contract Damages Recap 101: The Price of a Broken Promise

🎧 Episode Summary: Welcome to today’s episode, where we dive deep into the remedies available when a contract goes sideways. This essential 1L review breaks down the major types of contract damages and explains not only what they are—but why courts use them. We begin by unpacking the “Big Three”: expectation, reliance, and restitution damages, using the unforgettable case of Sullivan v. O’Connor to show how each measure works in practice. Then, we turn to consequential damages, where Hadley ...

2 months ago

16 minutes

American Law Cafe

Understanding Contributory Negligence, Comparative Fault, and Assumption of Risk

In this episode, we cover key aspects of Tennessee tort law, focusing on: The shift from contributory negligence to modified comparative fault (49% rule) 📉Key defenses like assumption of risk 🛡️, negligence per se, and the last clear chance doctrine ⏳Premises liability 🏠 and employer liability 👔Exculpatory agreements and their enforceability ⚖️The role of the jury in negligence cases 👩‍⚖️👨‍⚖️Tune in to understand how Tennessee courts balance fairness, foreseeability, and reasonableness in neg...

4 months ago

19 minutes

American Law Cafe

Warranties, Misrepresentation, and Contract Law: Key Doctrines in Commercial Contract Disputes

Core Concepts:Warranty: A factual representation in contracts that, if untrue, can lead to a breach.Express Warranty: Clear and specific promises, such as "This car will last 100,000 miles."Implied Warranty: Legal guarantees, like goods being fit for ordinary use.Puffery: Exaggerated claims that typically aren't actionable but may lead to fraud if false.Misrepresentation: False statements or omissions that lead to a contract.Economic Loss Doctrine: Limits tort claims for economic losses when ...

5 months ago

16 minutes

American Law Cafe

Criminal Procedure Mid-Term Recap: 4th Amendment, Due Process, Searches and Seizures, Arrest Warrants

Criminal Procedure Mid-Term RecapI. IntroductionThis document outlines core criminal procedure principles, focusing on the U.S. and Tennessee constitutions, especially the 4th and 5th Amendments. It highlights key stages from pre-trial rights to search laws, noting the interplay between individual rights and law enforcement, as well as differences between federal and state law, with Tennessee often offering greater protections.II. Constitutional FoundationsFederal vs. State Law: U.S. Constitu...

5 months ago

27 minutes

American Law Cafe

Torts and Negligence: Exploring Duty and Liability in Tennessee Alcohol-Related Cases

🎙️ Podcast Post: Exploring Duty and Liability in Tennessee Alcohol-Related CasesThis episode dives into Tennessee law on negligence, duty of care, and liability in alcohol-related accidents. We unpack landmark cases that define the responsibilities of employers, passengers, commercial vendors, social hosts, and even gasoline suppliers when their actions contribute to harm caused by intoxicated individuals.Key Topics Covered:Negligence and Duty of Care: Understanding when a duty exists and how...

6 months ago

20 minutes

American Law Cafe

RECAP FOR TORTS Mid-Term Part 1: Intentional Torts

🎙️ New Episode Alert: Mastering Torts for Your Mid-Term!This week, we dive into Tennessee tort law, breaking down the key concepts, cases, and defenses every 1L needs to know. We'll cover:The Purpose of Tort Law: From compensation and deterrence to justice and loss distribution, understand the foundational goals driving tort law.Statute of Limitations and Repose: Learn the rules, exceptions, and landmark cases like Hataway v. McKinley and Shadrick v. Coker.Intentional Torts: Explore battery, ...

6 months ago

52 minutes

American Law Cafe

RECAP FOR TORTS Mid-Term Part 2: Negligence

🎙️ New Episode: Breaking Down Negligence in Torts Law!This week, we delve into the foundational principles of negligence in tort law, focusing on key elements, doctrines, and case law to help you master this critical topic for your exams.Here’s what we cover:Negligence Defined: Learn how negligence differs from intentional torts, focusing on duty, breach, causation, and damages.Proving Breach of Duty: Explore the doctrine of Res Ipsa Loquitur ("the thing speaks for itself") and its applicatio...

6 months ago

48 minutes

American Law Cafe

Torts and Duty to Rescue, Negligence, Forseeability and Future of Negligence with AI

In this episode, we explore landmark Tennessee Supreme Court cases that have shaped negligence law through four distinct themes:Duty of Care to Non-Patients and Third PartiesBradshaw v. Daniel (1993): Expanded physicians' duty to warn identifiable family members of foreseeable risks associated with a patient's illness, even when the disease is non-contagious. This decision underscores foreseeability as a critical factor.Pittman v. Upjohn Co. (1994): Affirmed the "learned intermediary doctrine...

6 months ago

23 minutes

American Law Cafe

Torts Understanding Duty and Negligence in Law

In this episode, we explore key legal principles surrounding the duty to act reasonably and the evolving scope of negligence law. Highlights include:Duty to Act Reasonably: A legal duty to act arises only under specific circumstances, creating potential liability in negligence cases.Negligent Infliction of Emotional Distress (NIED): We discuss the shift from the "Zone of Danger" test to the broader Camper v. Minor standard, which allows plaintiffs to recover for emotional distress with seriou...

6 months ago

21 minutes

American Law Cafe

Contract Law Unveiled: UCC 2-207, the Battle of the Forms, Clickwrap, Browsewrap and Shrinkwrap Agreements

Welcome to this week’s episode, where we explore the critical principles of contract law, focusing on cases that highlight the nuances of contract formation, the application of the Uniform Commercial Code (UCC), and modern agreement types. In this episode, we break down the following key themes:Battle of the Forms and UCC 2-207One of the most contentious areas in contract negotiations is the "Battle of the Forms," where parties exchange documents with conflicting terms. UCC 2-207 helps determ...

6 months ago

33 minutes

American Law Cafe

Contract Law 1L Mid-Year Recap: Formation (Offer, Acceptance, Consideration), Defenses, and Damages for Breach

Welcome to today's episode, where we examine the fundamental principles of contract law as covered in the first year of law school. This recap explores key themes, essential concepts, and critical cases that every law student needs to know.Formation of a ContractWe begin with the basics: the three pillars of contract formation—offer, acceptance, and consideration. An offer is a clear and definite proposal that shows intent to be bound, while acceptance must mirror the offer's terms exactly un...

6 months ago

35 minutes

American Law Cafe

Negligence in Tennessee Tort Law: The Standard of Care Part 2

This episode examines key aspects of Tennessee negligence law, drawing insights from five landmark cases. Topics include parental liability, negligent misrepresentation, medical conditions, accountant liability, and the application of negligence per se.Key Themes:Parental Liability: Parents are not liable for adult children’s negligent actions (Nichols v. Atnip), even if they provide financial support or know about risky behavior, as adulthood removes the parental duty to supervise.Negligent ...

6 months ago

25 minutes

American Law Cafe

Negligence in Tennessee Tort Law: The Standard of Care Part 1

This episode explores key aspects of negligence in Tennessee, drawing insights from six landmark cases. Topics include the essential elements of negligence, medical malpractice standards, and comparative fault principles.Key Themes:Negligence Elements: Proving negligence requires showing a duty of care, breach of that duty, causation (both actual and proximate), and resulting damages.Medical Malpractice: Tennessee law mandates expert testimony to define the standard of care and assess deviati...

6 months ago

23 minutes

American Law Cafe

Tennessee Premises Liability Part 2: Attractive Nuisance and Playground Doctrines Further Explained

Welcome to American Law Café! This week, we’re tackling premises liability law in Tennessee, exploring key cases and principles that shape how courts balance the duties of landowners with the safety of visitors.Open and Obvious Doctrine: Cases like Coln v. City of Savannah and Vancleave v. Markowski show that visible hazards don’t automatically absolve landowners of liability. Instead, courts consider foreseeability, gravity of harm, and comparative fault to assess liability.Independent Contr...

6 months ago

25 minutes

American Law Cafe

Contract Law: Illegality and Public Policy

Episode Summary: Contract Law and Public PolicyJoin us this week on American Law Café as we delve into the complexities of contract law and public policy. This episode highlights key principles that govern the enforceability of agreements, focusing on illegality, exculpatory clauses, non-compete agreements, and family law.Illegality in Contracts: Explore why courts reject enforcement of illegal agreements, with examples like Sinnar v. Le Roy (1954) and Homami v. Iranzadi (1989), where public ...

6 months ago

21 minutes

American Law Cafe

Criminal Procedure Arrest, Search and Seizure Part 2: The Fourth Amendment and Search Warrants

Search Warrants and the Fourth Amendment – Balancing Law and LibertyIn this episode of American Law Cafe, we explore the intricacies of the Fourth Amendment's protections against unreasonable searches and seizures, focusing on the validity of search warrants. Through an analysis of landmark Supreme Court cases, we unravel the balance between empowering law enforcement and safeguarding individual rights.Highlights Include:Challenging Warrant Affidavits:Franks v. Delaware (1978) introduced the ...

7 months ago

16 minutes

American Law Cafe

Tennessee Premises Liability Part 1: Attractive Nuisance and Playground Doctrines Explained

In this episode of American Law Cafe, we dive into the nuanced world of premises liability in Tennessee, focusing on the Attractive Nuisance Doctrine and Playground Doctrine. Using four key cases, we uncover the boundaries of landowner liability, including when the doctrines apply and how factors like trespassing, habitual use, and knowledge of hazards influence legal outcomes.Key Themes:Attractive Nuisance Doctrine: Learn why trespassing is crucial, the importance of specific hazards, and wh...

7 months ago

15 minutes

American Law Cafe

Torts_Statute of Limitations and Statute of Repose in Tennessee

This episode breaks down Tennessee’s statutes of limitations and repose, focusing on how they apply to medical malpractice and product liability cases. We explore the “discovery rule,” which determines when the clock starts for filing claims, and how fraudulent concealment can extend deadlines in malpractice cases. In product liability, we examine the strict statute of repose, which sets a firm deadline for lawsuits regardless of when an injury is discovered. Through key Tennessee Supreme Cou...

7 months ago

16 minutes