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American Law Cafe

Pre-Law Productions

51 episodes

1 month ago

In this episode, we review the essentials of Criminal Law — from core principles to major defenses — to help you ace your final. Part 1 – Foundations of Criminal Law Felonies vs. Misdemeanors: Based on possible sentence length.Sources: Common law, statutes, and the MPC.Limits:Rule of Lenity – ambiguity favors defendant.Ex Post Facto – no retroactive punishment.Purposes of Punishment: Deterrence, Retribution, Rehabilitation, Incapacitation.Part 2 – Core Elements of Crime Actus Reus: Voluntary ...

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In this episode, we review the essentials of Criminal Law — from core principles to major defenses — to help you ace your final. Part 1 – Foundations of Criminal Law Felonies vs. Misdemeanors: Based on possible sentence length.Sources: Common law, statutes, and the MPC.Limits:Rule of Lenity – ambiguity favors defendant.Ex Post Facto – no retroactive punishment.Purposes of Punishment: Deterrence, Retribution, Rehabilitation, Incapacitation.Part 2 – Core Elements of Crime Actus Reus: Voluntary ...

Show more...

Episodes (20/51)

American Law Cafe

🎙️Criminal Law Final Review: Elements, Offenses & Defenses Recap – What to Know for the Exam

In this episode, we review the essentials of Criminal Law — from core principles to major defenses — to help you ace your final. Part 1 – Foundations of Criminal Law Felonies vs. Misdemeanors: Based on possible sentence length.Sources: Common law, statutes, and the MPC.Limits:Rule of Lenity – ambiguity favors defendant.Ex Post Facto – no retroactive punishment.Purposes of Punishment: Deterrence, Retribution, Rehabilitation, Incapacitation.Part 2 – Core Elements of Crime Actus Reus: Voluntary ...

1 month ago

44 minutes

American Law Cafe

🎙️ CivPro Midterm Review: Jurisdiction, Venue & Removal Recap

🎙️ Civil Procedure Spotlight: Jurisdiction, Venue & Removal Explained – How Courts Decide Who Can Hear the Case (and Where It Belongs) In this episode, we break down how courts get authority over a case — and how defendants can move one from state to federal court. Part 1 – Subject Matter Jurisdiction (SMJ) SMJ = a court’s power over the type of case. Federal courts can only hear cases they have statutory power to hear. Federal Question (§1331): Case arises under the Constitution, federa...

1 month ago

53 minutes

American Law Cafe

Property Law Spotlight: Mine, Yours, or Ours? Understanding Concurrent Ownership

🎙️ 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: ...

1 month ago

19 minutes

American Law Cafe

The Long Arm of the Law – How Courts Reach Out to Out-of-State Defendants (CIVPRO Long Arm Statutes)

🎙️ Civil Procedure Spotlight: The Long Arm of the Law – How Courts Reach Out to Out-of-State Defendants In this episode of American Law Café, we unpack long-arm statutes—the state laws that allow courts to “reach out” and assert personal jurisdiction over out-of-state defendants, and the constitutional limits that stop them from going too far. Here’s what we cover: Part 1 – What Are Long-Arm Statutes? State laws that let courts pull in defendants beyond their borders—but they can never exten...

1 month ago

13 minutes

American Law Cafe

CIVPRO Spotlight: Removal and Remand Explained - How Defendants Get From State to Federal Court

🎙️ Civil Procedure Spotlight: Removal and Remand Explained - How Defendants Get From State to Federal Court In this episode, we focus on the rules for removing a case from state to federal court—how defendants can transfer a lawsuit, and when they can’t. Part 1 – What is Removal? Removal = a defendant’s power to shift a case from state court into federal court, if it could have been filed there originally.Plaintiffs pick the forum first, but defendants get a “second bite at the apple.”I...

2 months ago

17 minutes

American Law Cafe

Presumptions in Evidence Law: FRE 301 and 302

🎙️ Podcast Summary – Presumptions in Evidence In this episode of American Law Café, we unpack how the Federal Rules of Evidence deal with presumptions, focusing on the Federal Rules of Evidence (FRE) 301 and 302. FRE 301 – Presumptions in Civil Cases Presumptions shift the burden of producing evidence, but not the burden of persuasion. For example, if the law presumes a mailed letter was received, the other party must show it wasn’t—but the ultimate burden of persuasion stays with the origin...

2 months ago

13 minutes

American Law Cafe

Torts Negligence and Proof: The Thing Speaks for itself (Res Ipsa Loquitur)

🎙️ Podcast Post: Negligence and the Doctrine of Res Ipsa Loquitur This episode unpacks the foundations of negligence law and explores the doctrine of res ipsa loquitur—a powerful but limited tool that lets juries infer negligence when accidents speak for themselves. We’ll walk through the burden of proof, special rules in Tennessee, and four landmark cases that show where the doctrine applies—and where it doesn’t. Key Topics Covered: Negligence and Burden of Proof:Preponderance of the evidenc...

2 months ago

13 minutes

American Law Cafe

Ripeness, Mootness and Political Question in Constitutional Law (Justiciability Doctrines)

🎙️ American Law Café In this episode of American Law Café, we unpack three core justiciability doctrines—ripeness, mootness, and the political question doctrine. These doctrines don’t decide who wins or loses; instead, they determine whether courts can even hear the case. Rooted in Article III’s “case or controversy” requirement, they keep federal courts focused on real disputes at the right time, and steer them away from abstract disagreements or matters better left to the political branches...

2 months ago

20 minutes

American Law Cafe

Where You Can be Sued: Unpacking Personal Jurisdiction

In this episode of American Law Café, we unpack the evolution of personal jurisdiction—how courts decide where a defendant can be sued. Personal jurisdiction doesn’t decide who wins; it decides which court has the power to hear the case. You’ll get a clear walk-through from the old territorial rule to the modern minimum contacts framework, plus what “purposeful” conduct and fair play and substantial justice really mean in practice. 🔑 Key Topics Covered: Why Personal Jurisdiction Matters Ensur...

2 months ago

45 minutes

American Law Cafe

Jurisdiction 101: How Federal Question Jurisdiction Really Works

In this episode of American Law Café, we unpack the rules of federal question jurisdiction under 28 U.S.C. §1331 and why they’re central to subject matter jurisdiction in federal courts. Federal courts don’t hear every case—they only step in when Congress has given them power. That means understanding when a case “arises under” federal law is key. You’ll learn how the well-pleaded complaint rule keeps anticipated defenses and counterclaims out of federal court, why the Holmes Creation Test ma...

2 months ago

24 minutes

American Law Cafe

Neutral Ground: Understanding Diversity Jurisdiction

In this episode of American Law Café, we unpack the rules of diversity jurisdiction—one of the two major gateways into federal court. Diversity jurisdiction isn’t about deciding the merits of a case; it’s about deciding where the case can be heard. At its core, it’s designed to provide a neutral forum when parties come from different states or countries, protecting litigants from the “home court advantage” of local bias. You’ll get a clear walk-through of the requirements, how courts define c...

2 months ago

18 minutes

American Law Cafe

Judicial Notice 101: What Judges Can Assume — And What They Can’t (Federal Rules of Evidence 201 and 202 Explained)

🎙️ In this episode we’re mastering Judicial Notice under Rules 201 & 202 so you know what courts can accept without proof—and what they can’t. This episode covers how judges notice adjudicative facts (201) and law (202), the strict limits that protect fairness, and the TN cases that show what happens when courts overstep. 🔑 Key Topics Covered Judicial Notice Overview A time-saver, not a shortcut: courts may accept certain facts or law without formal proof—but only within narrow rules.Two ...

2 months ago

38 minutes

American Law Cafe

Judicial Gatekeeping to Rule of Completeness (Understanding the Federal Rules of Evidence 104–106)

🎙️ Welcome to Season 7 of American Law Café—today we’re mastering the four rules that win evidentiary fights and protect your appeal. This episode focuses on FRE 103–106: how to preserve error, how judges gatekeep evidence, how to limit what jurors may do with it, and how the rule of completeness stops cherry-picking. Miss these, and you can lose before the jury ever speaks. 🔑 Key Topics Covered Preserving Error (Rule 103) Objections must be timely and specific to preserve issues for appeal.I...

2 months ago

26 minutes

American Law Cafe

Evidence 101: Silence Can Cost You the Case (Federal Rules of Evidence 101-103)

🎙️ Welcome to Season 7 of American Law Café, where we’re breaking down the foundation of courtroom evidence! The Federal Rules of Evidence open with Rules 101–106 — the ground rules that shape when evidence rules apply, how judges decide questions, and what you must do to preserve errors for appeal. Miss these, and you may lose your case before the jury even decides. 🔑 Key Topics Covered: Scope & Purpose (Rules 101–102) Rule 101: The FRE govern evidence in federal courts, including electr...

2 months ago

19 minutes

American Law Cafe

Property Law: Beyond the Fence — The Right to Exclude & Squatters’ Rights

Welcome to Season 6 of American Law Café, where we’ll explore the world of Property Law! Property isn’t just about land—it’s about power, rights, and fairness. From the right to keep others off your property to the possibility of losing land through adverse possession, these doctrines reveal how the law defines what it truly means to “own” something. 🔑 Key Topics Covered: The Right to Exclude: Core Principle“Keep off unless I say otherwise” — the essential stick in the bundle of property righ...

2 months ago

58 minutes

American Law Cafe

ConLaw_The Birth of Judicial Review and Tools for Constitutional Interpretation

🎙️ In this episode of Constitutional Law, we set the stage for one of the most powerful—and controversial—features of our legal system: judicial review. ⚖️ The Most Consequential Election: The year is 1800, and the nation hangs on a knife’s edge. Federalists fear Thomas Jefferson will bring chaos and guillotines; Republicans believe John Adams will crown himself king. Both sides see the election as a fight for America’s survival. Jefferson’s victory marks the first peaceful transfer of...

3 months ago

46 minutes

American Law Cafe

Civil Procedure Unlocked: How Lawsuits Really Work

In this episode of American Law Café, we kick off Season 5 by unpacking why Civil Procedure is the backbone of civil justice. CivPro isn’t about deciding who’s right or wrong—it’s the rulebook for how rights are enforced: where you file, how a case begins, how evidence is exchanged, when judges can end a case early, and why deadlines rule the game. You’ll get a clear tour of our adversary system, the judge’s growing case-management role, and the real-world path most lawsuits take (spoiler: al...

3 months ago

44 minutes

American Law Cafe

When Force Is (and Isn’t) Legal Part 1: Defenses to Intentional Torts

In this episode of American Law Café, we break down the legal defenses that can save a defendant from liability—even when all the elements of an intentional tort are proven. From mistakes and consent to self-defense and defense of others, we explore when the law shields your actions and when it leaves you on the hook. 🔑 Key Topics Covered: Mistake: Why an honest error usually won’t save you—unless it’s in the context of self-defense or defense of property, where heat-of-the-moment misjudgment...

3 months ago

27 minutes

American Law Cafe

When Force Is (and Isn’t) Legal Part 2: Defenses to Intentional Torts

In this episode of American Law Café, we unpack the most important defenses to intentional torts—including when the law allows you to use force, and when it doesn’t. From consent and self-defense to necessity and mechanical traps, we examine how courts draw the line between justified action and unlawful violence. 🔑 Key Topics Covered: Consent: When words, conduct, or emergencies eliminate liability—and when age or incapacity makes consent invalid.Self-Defense vs. Defense of Property: Why prot...

3 months ago

20 minutes

American Law Cafe

ConLaw_Part 2: From Revolution to Republic: Blueprint of a Nation

🎙️ In this episode of American Law Café, we move from Revolution to Republic, tracing how America transitioned from a victorious rebellion to a unified federal nation. We’ll unpack the Treaty of Paris, the drafting and structure of the U.S. Constitution, the ratification fight led by the Federalist Papers, and the guaranteed freedoms of the Bill of Rights—showing how each step answered the hard questions of governing a new nation. Key Topics Covered: The Diplomatic Finale: The Treaty of Paris...

4 months ago

32 minutes