March 24th, 2022 · Comments Off on Managing Pandemic Stress in Law School: Discussions in Law School Success · Lawdibles Audio, Success in Law School
In this podcast, four academic support professionals – Nicole Lefton, Steven Foster, Melissa Hale, and Laura Mott – provide strategies for dealing with the impact of the COVID-19 pandemic while in law school. The pandemic introduced even greater uncertainty into an already stressful environment. This podcast provides tools to succeed at law school during these unprecedented times.
Learning Outcomes
On completion of the podcast, the student will be able to:
1. Apply strategies to manage the feeling of increased isolation, stress, and exhaustion due to the pandemic.
2. Employ techniques to stay focused on work, particularly during Zoom lectures.
3. Practice drawing the line between work and home life.
March 23rd, 2022 · Comments Off on Passing the Bar Guide Audiobook – A Note To Social Justice Oriented, First-Generation, and Other Law Students · Lawdibles Audio
Each week we are highlighting a new section of the Guide and its audiobook chapters. From the Introduction section, this chapter is A Note To Social Justice Oriented, First-Generation, and Other Law Students Who Don’t Feel Like Legal Education Was Designed With Them In Mind – a special message to law students whose experiences, communities, and future clients are underrepresented on the bar exam.
Each week we will be highlighting a new section of the Guide and its audiobook chapters. To start us off, from the Introduction section, the chapter Preface provides a quick introduction to the Guide and states its design and purpose.
This podcast by Professor Steven Foster discusses tips to help you remember more information and to perform better on law school exams. Three learning strategies are explained: spaced repetition, the testing effect, and cognitive schema. Briefly defined, spaced repetition incorporates periodic studying throughout the semester. The testing effect can be more challenging and is exactly what it sounds like; it is testing yourself to see whether or not you know the material. Lastly, the podcast explains how to create a cognitive schema as an organizational structure that you can use to retain information.
Learning Outcomes
On completion of the podcast, the student will be able to:
1. Create a schedule to include spaced repetition in their study schedule.
2. Build flashcards for their courses.
3. Apply a cognitive schema to their study schedule.
May 25th, 2021 · Comments Off on Third Party Beneficiaries: Discussions in Contracts · Contracts, Lawdibles Audio
This podcast by Professor Scott J. Burnham discusses the topic of Third Party Beneficiaries. When can a person who is not party to a contract sue to enforce the contract? While the rule can be found in Restatement (Second) of Contracts § 302, it can be difficult to apply. This podcast explains how to determine the intent of the parties when considering whether the third party is a third party beneficiary. Concepts covered in this podcast include an incidental beneficiary, creditor beneficiary, and an intended beneficiary. The podcast includes the analysis for several hypotheticals and Lawrence v. Fox, 20 N.Y. 268 (1859).
Learning Outcomes
On completion of the podcast, the student will be able to:
1. Identify when a party is a third party beneficiary of a contract with rights to enforce the contract and when they are merely an incidental beneficiary with no rights to enforce it.
2. Explain the court’s analysis in Lawrence v. Fox.
3. State the rule from Restatement (Second) of Contracts § 302.
4. State an example indicating the “intent of the parties.”
May 18th, 2021 · Comments Off on Priority Between Secured Parties: Discussions in Secured Transactions · Lawdibles Audio, Secured Transactions
The topic of this podcast by Professor Scott J. Burnham is how to apply the rules found in § 9-322 for determining priority between one secured party and another secured party with an interest in the same collateral. The podcast assumes that collateral has been characterized as goods. The podcast reviews the basic rule that a secured creditor has priority over an unsecured creditor. It then considers what happens when each party is a secured party. Several hypos walk through the analysis of applying § 9-322(a)(1). The podcast considers topics including PMSIs, superpriority rules, § 9-201, § 9-203 and § 9-313. This podcast can be studied along with the podcasts on Purchase Money Security Interests I and Purchase Money Security Interests II.
Learning Outcomes
On completion of the podcast, the student will be able to:
1. State the rule in § 9-322(a)(1).
2. Explain an exception to the rule of first to file or perfect.
3. Discuss what happens between two unperfected secured creditors.
4. Discuss what happens between two perfected secured creditors.
5. Explain the difference of categorizing the goods as consumer goods or inventory.
The topic of this podcast by Professor Jennifer S. Martin is when a security agreement is sufficient to enable it to attach a security interest to collateral under Article 9 of the Uniform Commercial Code, thereby making it enforceable by the creditor in the event that there is a default by the debtor (in most cases non-payment of a debt). This podcast focuses on the elements required for enforceability of a security interest under UCC Section § 9-203(b) and the alternatives that satisfy the security agreement requirement under § 9-203(b)(3).
Learning Outcomes
On completion of the podcast, the student will be able to:
1. Describe the process by which a secured creditor can attach its security interest to collateral, thus making it enforceable against the debtor.
2. Identify the key elements of attachment: (i) value given; (ii) debtor having rights to the collateral; and (iii) proof of a security agreement by satisfaction of one of the alternative conditions.
3. Recognize the alternative conditions that satisfy the third element needed to attach a security interest, most often having a security agreement signed by the debtor.
May 3rd, 2021 · Comments Off on Creating a Security Interest – Overview: Discussions in Secured Transactions · Lawdibles Audio, Secured Transactions
This podcast by Professor Jennifer S. Martin provides an overview of the process by which a creditor attaches a security interest to collateral under Article 9 of the Uniform Commercial Code, thereby making it enforceable by the creditor in the event there are unmet obligations to the creditor (in most cases by non-payment of a loan by the debtor). The podcast reviews the requirements of security agreements and uses a series of examples to demonstrate when a security interest attaches.
Learning Outcomes
On completion of the podcast, the student will be able to:
1. Describe the process by which a secured creditor could attach its security interest to collateral, thus making it enforceable against the debtor.
2. Identify the key elements of attachment: (i) value given; (ii) debtor having rights in the collateral and; (iii) satisfaction of one of the alternative conditions, most often having a security agreement signed by the debtor.
April 26th, 2021 · Comments Off on Purchase Money Security Interests Part II: Discussions in Secured Transactions · Lawdibles Audio, Secured Transactions
The topic of this podcast by Professor Scott J. Burnham is to identify when a purchase money security interest (“PMSI” or PIM-zee) has been created and to identify fact patterns that frequently appear on law school and bar examinations where it is significant that a security interest is a PMSI. Remember, a PMSI is simply a specific type of security interest. This podcast is the second of two covering PMSIs. Here is the first podcast.
Learning Outcomes
On completion of the podcast, the student will be able to:
1. Define the rule of attachment under the rules of § 9-203.
2. Explain what a seller or lender must do under § 9-103 to create a PMSI.
3. State the importance of § 9-309 on a PMSI in consumer goods.
4. Discuss the exception to automatic perfection.
5. Discuss the superpriority rules of § 9-324.
6. Provide an example of the application of § 9-317.
7. Explain a priority contest with a judicial lien creditor or bankruptcy trustee.
8. Define the “yard sale” rule under § 9-320(b).
9. Describe the effect of priority rules for fixtures in § 9-334 if the security interest is a PMSI.
April 19th, 2021 · Comments Off on Priority Between a Secured Party and a Party with a Lien: Discussions in Secured Transactions · Lawdibles Audio, Secured Transactions
This podcast by Professor Scott J. Burnham discusses the priority between a secured party and a party with a lien, including a judicial lien creditor, a creditor with a lien arising by operation of law, a creditor with an agricultural lien, and the IRS with a tax lien. The podcast discusses the relationship between Bankruptcy Code § 544(a), often referred to as “the strong arm clause,” and a PMSI (Purchase Money Security Interest).
Learning Outcomes
On completion of the podcast, the student will be able to:
1. Identify a judicial lien creditor.
2. Identify a creditor with a lien arising by operation of law.
3. Identify, a creditor with an agricultural lien.
4. Explain when the IRS will levy a tax lien.
5. Determine whether the lien or a security interest has priority in the collateral.
