Syllabus

This class requires a small amount of reading, a series of lectures, weekly quizzes, and a final exam.
To complete the course, for each module you should:

 Read the key terms for each area of law. Some of the entries say "click here for more
information" - you are encouraged to follow the links and get a more detailed description.
 Watch the series of lectures posted.
 Explore any of the supplemental readings that interest you.
 Take the quiz.

Module 1: Tort Law

Key Terms

To learn about Professor Allen's work in privacy law click here.

Supplemental Reading

 "What is an intentional tort?"

 Tort law and personal injury cases
 Tort law and products liability cases
 Excerpt from Westlaw's Black Letter Law Outline: Tort

Module 2: Contract Law

Key Terms

To learn more about Professor Wilkinson-Ryan and her thoughts on the psychology of contracts,
click here.

Supplemental Reading

 "Contract Law: The Basics"

 "Contract Law 101"
 "Contract Law" (Encyclopedia Britannica)
 For more information, explore this website
 Excerpt from Westlaw's Black Letter Law Outline: Contract

Module 3: Property Law

Key Terms

Professor Balganesh weighs in on a recent ruling here.

Supplemental Reading

 "Property Law" (Encyclopedia Britannica)

 "Property and Ownership" (a philosophical perspective)
 "U.S. Landlord-Tenant Law"
 Excerpt from Westlaw's Black Letter Law Outline: Property

Module 4: Constitutional Law

Key Terms

To hear Professor Ruger talk more about the Affordable Care Act on CBS News click here.

Supplemental Reading

 The U.S. Constitution

 "History of the Constitution"
 "The Constitution of the United States: A History"
 "Our Constitution"
 Excerpt from Westlaw's Black Letter Law Outline: Constitutional Law

Module 5: Criminal Law

Key Terms

Watch Professor Morse discuss neuroscience and the criminal justice system with Alan Alda here.

Supplemental Reading

 "Criminal Charges: How Cases Get Started"

 "Steps in a Criminal Case: From Arrest to Appeal"
 Excerpt from Westlaw's Black Letter Law Outline: Criminal Law

Module 6: Civil Procedure

Key Terms

Professor Wolff writes about the Employment Non-Discrimination Act and discrimination in the
workplace here.

Supplemental Reading

 "Lawsuit Chronology"
 "Civil Cases: The Basics"
 "How Class Action Lawsuits Work"
 The Federal Rules of Civil Procedure (skim only)
 Excerpt from Westlaw's Black Letter Law Outline: Civil Procedure
Tort Law
A civil wrong which can be redressed by awarding damages. For more, click
here: http://www.law.cornell.edu/wex/tort

Key Terms:

battery

The intentional causation of harmful or offensive contact with another's person without that person's
consent. (http://www.law.cornell.edu/wex/battery) This is an example of an intentional tort.

comparative negligence

A tort rule for allocating damages when both parties are at least somewhat at fault. In a situation
where both the plaintiff and the defendant were negligent, the jury allocates fault, usually as a
percentage (for example, a jury might find that the plaintiff was 30% at fault and the defendant was
70% at fault). (http://www.law.cornell.edu/wex/comparative_negligence) This system has replaced
the old rule of contributory negligence.

contributory negligence

A plaintiff was totally barred from recovery if they were in any way negligent in causing the accident,
even if the negligence of the defendant was much more serious.
(http://www.law.cornell.edu/wex/contributory_negligence) Today, the more common rule
is comparative negligence.

damages

In tort law, a remedy in the form of monetary compensation to the harmed party.
(http://www.law.cornell.edu/wex/damages)

fault

In civil law - negligence, want of care, an improper act or omission,injurious to another, and
transpiring through negligence, rashness, or ignorance. (http://thelawdictionary.org/fault/)

intentional tort
A type of tort that can only result from an intentional act of the defendant (as opposed to
a negligent one). (http://www.law.cornell.edu/wex/intentional_tort)

negligence

A failure to behave with the level of care that someone of ordinary prudence would have exercised
under the same circumstances. The behavior usually consists of actions, but can also consist of
omissions when there is some duty to act (e.g., a duty to help victims of one's previous conduct). For
more, click here: http://www.law.cornell.edu/wex/negligence

products liability

American law holds the manufacturers of consumer products strictly liable for injuries caused by
manufacturing defects. For more, click here: http://www.law.cornell.edu/wex/products_liability.

punitive damages

Punitive damages are awarded in addition to actual damages in certain circumstances. Punitive
damages are considered punishment and are awarded when the defendant's behavior is found to be
especially harmful, but are normally not awarded in the context of a breach of contract claim.
(http://www.law.cornell.edu/wex/punitive_damages)

res ipsa loquitur

Latin for "the thing speaks for itself." In tort, a principle that allows plaintiffs to meet their burden of
proof with what is, in effect, circumstantial evidence. The plaintiff can create a rebuttable
presumption of negligence by the defendant by proving that the harm would not ordinarily have
occurred without negligence, that the object that caused the harm was under the defendant's control,
and that there are no other plausible explanations.
(http://www.law.cornell.edu/wex/res_ipsa_loquitur)

strict liability

Rule providing that if you cause an injury by a deliberate act, even if you did not mean to cause
injury and were careful, you are liable to compensate the injured party. For more, click
here: http://www.law.cornell.edu/wex/strict_liability

Supplemental Readings

 "What is an intentional tort?"

 Tort law and personal injury cases
 Tort law and products liability cases
 Excerpt from Westlaw's Black Letter Law Outline: Tort

Contract
An agreement creating obligations enforceable by law. The basic elements of a contract are mutual
assent, consideration, capacity, and legality. In some states, the element of consideration can be
satisfied by a valid substitute. Possible remedies for breach of contract include general damages,
consequential damages, reliance damages, and specific performance. See more
at http://www.law.cornell.edu/wex/contract

Key Terms:

acceptance

Assent to the terms of an offer. Acceptance must be judged objectively, but can either be expressly
stated or implied by the offeree's conduct. To form a binding contract, acceptance should be relayed
in a manner authorized, requested, or at least reasonably expected by the offeror.
(http://www.law.cornell.edu/wex/acceptance)

assent

An intentional approval of known facts that are offered by another for acceptance; agreement;
consent. (http://legal-dictionary.thefreedictionary.com/assent)

consideration

Something bargained for and received by a promisor from a promisee. Common types of
consideration include real or personal property, a return promisee, some act, or a forbearance.
Consideration or a valid substitute is required to have a contract.
(http://www.law.cornell.edu/wex/consideration)

damages

A remedy in the form of monetary compensation to the harmed party

(http://www.law.cornell.edu/wex/damages). General contract damages are damages that arise
directly and inevitably from a breach of contract. In other words, those damages that would be
theoretically suffered by every injured party under these circumstances.
(http://www.law.cornell.edu/wex/general_damages)

expectation damages
Damages awarded when a party breaches a contract that are intended to put the injured party in as
good of a position as if the breaching party fully performed its contractual duties.
(http://www.law.cornell.edu/wex/expectation_damages)

mutual assent

Agreement by both parties to a contract. Mutual assent must be proven objectively, and is often
established by showing an offer and acceptance (e.g., an offer to do X in exchange for Y, followed
by an acceptance of that offer). (http://www.law.cornell.edu/wex/mutual_assent)

offer

A promise to do or refrain from doing something in exchange for something else. An offer must be
stated and delivered in a way that would lead a reasonable person to expect a binding contract to
arise from its acceptance. (http://www.law.cornell.edu/wex/offer)

promissory estoppel

The doctrine allowing recovery on a promise made without consideration when the reliance on the
promise was reasonable, and the promisee relied to his or her detriment.
(http://www.law.cornell.edu/wex/promissory_estoppel)

statute of frauds

A statute requiring certain contracts to be in writing and signed by the parties bound by the contract.
The purpose is to prevent fraud and other injury. The most common types of contracts to which the
statute applies are contracts that involve the sale or transfer of land, and contracts that cannot be
completed within one year. (http://www.law.cornell.edu/wex/statute_of_frauds)

Supplemental Reading

 "Contract Law: The Basics"

 "Contract Law 101"
 "Contract Law" (Encyclopedia Britannica)
 For more information, explore this website
 Excerpt from Westlaw's Black Letter Law Outline: Contract
Property Law

Property

Anything (physical or intangible) that can be owned by a person or entity

(http://www.law.cornell.edu/wex/property). Property law represents the legal rules governing human
interactions as they relate to various identifiable things (property).

Key Terms:

adverse possession

A doctrine under which a person in possession of land owned by someone else may acquire
valid title to it, so long as certain common law requirements are met, and the adverse possessor is in
possession for a sufficient period of time. For more, click
here: http://www.law.cornell.edu/wex/adverse_possession

chattel

A catch-all category of property mostly associated with movable goods. At common law, chattel
included all property that was not real estate and not attached to real estate. Examples included
everything from leases, to cows, to clothes. In modern usage, chattel often merely refers to tangible
movable personal property. (http://www.law.cornell.edu/wex/chattel)

intangible property

Property without a physical existence. Some intangible property might have a paper embodiment
(such as stocks, bonds, or certificates), but other intangible property does not (goodwill, intellectual
property, reputation). (http://www.law.cornell.edu/wex/intangible_property)

landlord- tenant law

Governs the rental of commercial and residential property...The basis of the legal relationship
between a landlord and tenant is grounded in both contract and property law. The tenant has a
property interest in the land for a given period of time. For more, click
here: http://www.law.cornell.edu/wex/landlord-tenant_law
ownership

Having the legal right to use, possess, and give away property.
(http://www.nolo.com/dictionary/ownership-term.html)

real property

The term "real property" refers to land and is differentiated from personal property. Land, in its
general usage, includes not only the face of the earth but everything of a permanent nature over or
under it. This includes structures and minerals.(http://www.law.cornell.edu/wex/real_property)

title

Ownership of real estate or personal property. (http://www.law.cornell.edu/wex/title)

trespass

Trespass is defined by the act of knowingly entering another person’s property without permission.
Such action is held to infringe upon a property owner's legal right to enjoy the benefits of ownership.
(http://www.law.cornell.edu/wex/trespass)

Supplemental Reading

 "Property Law" (Encyclopedia Britannica)

 "Property and Ownership" (a philosophical perspective)
 "U.S. Landlord-Tenant Law"
 Excerpt from Westlaw's Black Letter Law Outline: Property
Constitutional Law

Constitution

The most fundamental law of a country or state (http://www.law.cornell.edu/wex/constitution). The

Constitution of the United States of America is the supreme law of the United States. Empowered
with the sovereign authority of the people by the framers and the consent of the legislatures of the
states, it is the source of all government powers, and also provides important limitations on the
government that protect the fundamental rights of United States citizens.
(http://www.whitehouse.gov/our-government/the-constitution)

Constitutional Law

The broad topic of constitutional law that deals with the interpretation and implementation of the
United States Constitution.

Key Terms:

Articles of Confederation

The first constitution of the United States. For more information, explore this
website: http://www.loc.gov/rr/program/bib/ourdocs/articles.html.

Bill of Rights

The first ten Amendments to the Constitution, which set out individual rights and liberties
(http://www.law.cornell.edu/wex/bill_of_rights).

commerce power

Congress has the power to regulate the channels and instrumentalities of interstate commerce.
Channels refers to the highways, waterways, and air traffic of the country. Instrumentalities refers to
cars, trucks, ships, and airplanes. Congress also has power to regulate activities that have a
substantial effect on interstate commerce http://www.law.cornell.edu/wex/commerce_power). The
Commerce Clause refers to Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives
Congress the power "to regulate commerce with foreign nations, and among the several states, and
with the Indian tribes." For more, click here: http://www.law.cornell.edu/wex/Commerce_clause

Due Process
Phrase found in both the Fifth and Fourteenth Amendments, that no one shall "be deprived of life,
liberty, or property without due process of law." These words have as their central promise an
assurance that all levels of American government must operate within the law and provide fair
procedures. For more, click here: http://www.law.cornell.edu/wex/Due_Process

Equal Protection

The Equal Protection Clause of the 14th Amendment of the U.S. Constitution prohibits states from
denying any person within its jurisdiction the equal protection of the laws. In other words, the laws of
a state must treat an individual in the same manner as others in similar conditions and
circumstances. For more, click here: http://www.law.cornell.edu/wex/equal_protection

executive power

Article II of the Constitution outlines the duties of the Executive Branch, which is headed by the
President. For more, click here: http://www.law.cornell.edu/wex/executive_power

Framers of the Constitution

Delegates hailing from all the original states except Rhode Island gathered in the Pennsylvania State
House in 1787 to participate in the Constitutional Convention. Many of the delegates had fought in
the American Revolution and about three-fourths had served in Congress. The average age was 42.
(http://constitutioncenter.org/learn/educational-resources/founding-fathers/)

incorporation

Though the Bill of Rights originally only applied to the federal government, through this legal
doctrine, portions of the Bill of Rights are applied to the states through the Due Process Clause of
the Fourteenth Amendment. (http://www.law.cornell.edu/wex/incorporation_of_the_bill_of_rights)

judicial review

The idea that the actions of the executive and legislative branches of government are subject to
review and possible invalidation by the judicial branch. Judicial review allows the Supreme Court to
take an active role in ensuring that the other branches of government abide by the constitution.
(http://www.law.cornell.edu/wex/judicial_review)

political party

Group of persons organized to acquire and exercise political power. Formal political parties
originated in their modern form in Europe and the U.S. in the 19th century. Whereas mass-based
parties appeal for support to the whole electorate, cadre parties aim at attracting only an active elite;
most parties have features of both types. All parties develop a political program that defines their
ideology and sets out the agenda they would pursue should they win elective office or gain power
through extraparliamentary means. Most countries have single-party, two-party, or multiparty
systems (see party system). In the U.S., party candidates are usually selected through primary
elections at the state level. (http://www.merriam-webster.com/dictionary/political party)

separation of powers

Political doctrine of constitutional law under which the three branches of government (executive,
legislative, and judicial) are kept separate to prevent abuse of power. Also known as the system of
checks and balances, each branch is given certain powers so as to check and balance the other
branches. (http://www.law.cornell.edu/wex/separation_of_powers)

Taxing Power

Congress has power under Article I, Section 8 to lay and collect taxes, duties, imposts and excises,
to pay the debts and provide for the common defense and general welfare. Under the 16th
Amendment, Congress can collect taxes on incomes that are derived from any source. As long as
Congress has the power to regulate a particular activity that it wishes to tax, it can use the tax as a
regulating device rather than in order to raise revenue.
(http://www.law.cornell.edu/wex/taxing_power)

Supplemental Reading

 The U.S. Constitution

 The Constitution from President Obama White House Archives
 "The Constitution of the United States: A History"
 "Our Constitution"
 Excerpt from Westlaw's Black Letter Law Outline: Constitutional Law
Property Law

Crime

Behavior that the law makes punishable as a public offense. For more, click
here: http://www.law.cornell.edu/wex/crime

Criminal Law

Body of law that defines criminal offenses, regulates the apprehension, charging, and trial of
suspected offenders, and fixes punishment for convicted persons. Substantive criminal law defines
particular crimes, and procedural law establishes rules for the prosecution of crime.
(http://www.merriam-webster.com/) For more, click
here: http://www.law.cornell.edu/wex/criminal_law

Criminal Procedure

The set of rules governing the series of proceedings through which the government enforces
substantive criminal law. Municipalities, states, and the federal government each have their own
criminal codes, defining types of conduct that constitute crimes. For more, click
here: http://www.law.cornell.edu/wex/criminal_procedure

Key Terms:

actus reus

The act or omissions that comprise the physical elements of a crime as required by statute. The
statutory definition of a crime pairs actus reus with mens rea, the psychological state defining a
criminal perpetrator as culpable for having committed a crime.
(http://www.law.cornell.edu/wex/actus_reus)

affirmative defense

A defense in which the defendant introduces evidence, which, if found to be credible, will negate
criminal or civil liability, even if it is proven that the defendant committed the alleged acts. Self-
defense, entrapment, insanity, and necessity are some examples of affirmative defenses.
(http://www.law.cornell.edu/wex/affirmative_defense)

American Law Institute Model Penal Code (MPC)

The purpose of the Model Penal Code was to stimulate and assist legislatures in making a major
effort to appraise the content of the penal law by a contemporary reasoned judgment—the
prohibitions it lays down, the excuses it admits, the sanctions it employs, and the range of the
authority that it distributes and confers. Since its promulgation, the Code has played an important
part in the widespread revision and codification of the substantive criminal law of the United States.
(http://www.ali.org/)

burden of proof

The threshold that a party seeking to prove a fact in court must reach in order to have that fact
legally established. For example, in criminal cases, the burden of proving defendant's guilt is on the
prosecution, and they must establish that fact beyond a reasonable doubt. In civil cases, the plaintiff
has the burden of proving his case by a preponderance of the evidence.
(http://www.law.cornell.edu/wex/burden_of_proof)

excuse

A type of defense that exempts the defendant from liability because of some circumstance, but does
not actually condone the result that flowed (at least in part) from the defendant's actions. In other
words, a defendant with a valid excuse will not suffer the usual penalty for his actions, but the law
"wishes" that the defendant had acted differently (as compared to a justification).
(http://www.law.cornell.edu/wex/excuse)

insanity

A person accused of a crime can acknowledge that they committed the crime, but argue they are not
responsible for it because of their mental illness, by pleading "not guilty by reason of insanity." For
more, click here: http://www.law.cornell.edu/wex/insanity_defense

justification

A type of defense that exempts the defendant from liability because the defendant's actions were
justified. In other words, a defendant with a valid justification will not suffer the usual penalty for his
actions because in the eyes of the court, the defendant could not have been asked to act any
differently in this situation (as compared to excuses). (http://www.law.cornell.edu/wex/justification)

mens rea

Criminal intent. The state of mind indicating culpability which is required by statute as an element of
a crime. (http://www.law.cornell.edu/wex/mens_rea) The four mental states, in increasing order of
severity, are negligence, recklessness, knowledge, and purpose/intent.
prima facie

Latin for "at first sight." A prima facie case is the establishment of a legally required rebuttable
presumption. It is generally understood as a flexible evidentiary standard that measures the effect of
evidence as meeting, or tending to meet, the proponent's burden of proof on a given issue. In that
sense, a prima facie case is a cause of action or defense that is sufficiently established by a party's
evidence to justify a verdict in his or her favor, provided such evidence is not rebutted by the other
party. (http://www.law.cornell.edu/wex/prima_facie)

self-defense

The use of force to protect oneself from an attempted injury by another. If justified, self-defense is a
defense to a number of crimes and torts involving force, including murder, assault, and battery.
(http://www.law.cornell.edu/wex/self-defense)

sentencing

A criminal sentence refers to the formal legal consequences associated with a conviction. Types of
sentences include probation, fines, short-term incarceration, suspended sentences, which only take
effect if the convict fails to meet certain conditions, payment of restitution to the victim, community
service, or drug and alcohol rehabilitation for minor crimes. More serious sentences include long-
term incarceration, life-in-prison, or the death penalty in capital murder cases. For more on this, click
here: http://www.law.cornell.edu/wex/sentencing

Supplemental Reading

 "Criminal Charges: How Cases Get Started"

 "Steps in a Criminal Case: From Arrest to Appeal"
 Excerpt from Westlaw's Black Letter Law Outline: Criminal Law