Law to Fact

Latest Episodes:

Personal Jurisdiction Nov 28, 2018

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In this episode Dean Emeritus and Professor of Law, Michelle Simon explains Personal Jurisdiction. In addition to walking us through the different aspects of the issue, Dean Simon lays out a no-fail way to answer personal jurisdiction questions you may face on an exam. Hint: Read the questions very very carefully!

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What Professors Expect to See on Exams ... and how to prepare for them! Nov 27, 2018

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In this episode I speak with Prof. Laurie Zimet, Director of Academic Support at UC Hastings, who shares with us the mindset of professors when they are grading exams, as well as some key exam tips. Prof. Zimet explains that professors are grading on the ability to analyze, rather than a mastery of memorization and gives key tips, including preparing yourself for distractions that will occur when you are in the exam room by taking one practice exam in a crowded cafe -- what I call a Tiger Woods approach to taking exams!

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The Best Evidence Rule Nov 20, 2018

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In this episode, Professor I. Bennett Capers, Professor of Law, the Stanley A. August Professor of Law at Brooklyn Law School, explains the Best Evidence Rule, a rule that is not widely popular but is ALWAYS on the Bar Exam. Professor Capers explores the history of the rule, the reasons for the rule and how a question about the rule might appear on an exam.

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Criminal Law: Justification and Self Defense Nov 13, 2018

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In this episode, Professor Luis Chiesa, Professor of Law, University of Buffalo School of Law explains the difference between justification and self-defense, and explores the nuances of self-defense and defense of others. This podcast is particularly helpful to students who will face a self-defense question on their law school exams; toward the end of the episode Prof. Chiesa provides in great detail, the keys to mastering a self-defense question.

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Criminal Law: The Mistake of Law Defense Nov 13, 2018

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In this episode Professor Thomas McDonnell, Professor of Law at the Elisabeth Haub School of Law explains the Mistake of Law defense. Professor McDonnell begins by noting that ignorance of the law is never a defense to a crime, but then highlights three instances in which defendants can successfully avoid conviction based on his misunderstanding of the law with which they are charged; (1) if the legislature creates a mistake of law defense (2) If the law changes ex post facto and (3) if denying the defense would be a violation of fundamental fairness.

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Coping with Law School Stress Nov 06, 2018

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In this episode I speak with three experts on stress and how to cope with it. Professor Rachel Gurvich of Univ. of North Carolina shares her tips for helping students through the stressful law school exam period. Follow Prof. Gurvich @rachelgurvich for continued law school tips and encouragement. Suze Yalof Schwartz, Founder and CEO of Unplug Meditation shares her "16 second to calm" meditation, an essential tool for dealing with stress in real time. Finally, Dean Angie D'Agostino, Dean of Students and the Elisabeth Haub School of Law at Pace University normalizes stress expectations among law students and discusses when students should be concerned that their stress level has gone too far.

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Analyzing the Reasonableness of Duty and Proximate Cause Oct 30, 2018

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In this episode, Professor Noa Ben-Asher, Professor of Law at the Elisabeth Haub School of Law explains how to evaluate the reasonableness of negligence from a theoretical viewpoint. This episode provides listeners with a framework for analyzing duty and proximate cause in the context of justice. Professor Ben-Asher explains that students must understand and consider whether justice would be served by finding a particular defendant negligent. Together we discuss three theories of justice; distributive justice, corrective justice, and economic justice, and test these theories against traditional tort cases. This episode provides tort students with a deep understanding of negligence elements and creates a framework for thinking about tort problems on the deepest of levels.

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Wills: When a Beneficiary Predeceases the Testator Oct 23, 2018

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In this episode Prof. Bridget Crawford, Hopkins Professor of Law at the Elisabeth Haub School of Law discusses the implications of a will when a beneficiary dies after the testator. The discussion explores the consequences under both the common law and Uniform Probate Code.

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Landlord - Tenant Law Oct 09, 2018

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In this episode, Professor Paula Franzese, the Peter W. Rodino Professor of Law at Seton Hall University School of Law explains the rights and obligations of landlords and tenants. Pay particular attention to the end of the conversation where she provides universal tips for answering law school exams.

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Homicide Oct 02, 2018

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In this episode, Prof. Audrey Rogers discusses the various types of homicide. She explains how homicide labels (murder, manslaughter) are tied to punishment rather than intent, and explains the various types of homicide available to prosecutors. Prof. Rogers provides concrete examples of the various types of intent and reminds students that the key to success on a criminal law exam is to read the language of the statute as homicide statutes vary from state to state!!

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