This podcast is for law students and others who are interested in learning Civil Procedure.
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Law to Fact is the renown podcast for law students where substantive legal issues are discussed with distinguished law professors from across the nation. Today, it is the go to place for all things law including course material, application tips, study strategies, and career advice—all packed into one podcast. Law to Fact is hosted by Professor Leslie Garfield Tenzer of the Elisabeth Haub School of Law at Pace University.
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Brainscape’s Hands-Free MBE Prep is the perfect way to study “passively”. Each episode consists of 10 questions covering core topics likely to appear on the Multistate Bar Exam, or any of the U.S. state-specific exams. These questions are a complement to the more comprehensive "adaptive flashcards" curriculum found in Brainscape's web and mobile app. Learn more at brainscape.com/learn/mbe
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In this podcast, we read key questions & answers that give you important background knowledge of Civil Procedure, which is critical to the more detailed questions that might arise on the Bar Exam. For example: 0:14 -- Define subject matter jurisdiction? 15:34 -- What type of information is not discoverable? 27:54 -- Define interlocutory orders? The…
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Evidence- Bar Exam Prep Show In this podcast, we read key questions & answers that give you important background knowledge of Evidence, which is critical to the more detailed questions that might arise on the Bar Exam. For example: 0:14 -- The federal rules of evidence applies to what types of proceedings? 14:37 -- What is authentication of evidenc…
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Criminal Procedure- Bar Exam Prep Show In this podcast, we read key questions & answers that give you important background knowledge of Criminal Procedure, which is critical to the more detailed questions that might arise on the Bar Exam. For example: 0:15 -- The fourth amendment has two major parts. 10:12 -- When do pre-trial identification proced…
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Real Property- Bar Exam Prep Show In this podcast, we read key questions & answers that give you important background knowledge of Real Property, which is critical to the more detailed questions that might arise on the Bar Exam. For example: 0:18 -- What are four types of present possessory estates? 11:23 -- What are lateral support rights? 18:24 -…
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Constitutional Law- Bar Exam Prep Show In this podcast, we read key questions & answers that give you important background knowledge of Constitutional Law, which is critical to the more detailed questions that might arise on the Bar Exam. For example: 1:19 -- The Supreme Court has what two types of jurisdiction? 12:38 -- When can federal judges be …
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Criminal Law- Bar Exam Prep Show In this podcast, we read key questions & answers that give you important background knowledge of Contract Law, which is critical to the more detailed questions that might arise on the Bar Exam. For example: 0:15 -- What are the elements required to prove a crime? 11:34 -- Do verbal threats constitute assault? 21:30 …
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Contract Law- Bar Exam Prep Show In this podcast, we read key questions & answers that give you important background knowledge of Contract Law, which is critical to the more detailed questions that might arise on the Bar Exam. For example: 0:12 -- Define contract? 16:18 -- What is the UCC's approach to extrinsic evidence? 31:40 -- How do you calcul…
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A Divorce Attorney Discusses His Book, An Elephant Doesn't Marry a Giraffe: Everything I Learned as a Divorce Attorney
21:04
21:04
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In this episode... Divorce attorney and author, Ron Bavero, discusses his new book, An Elephant Doesn't Marry A Giraffe: Everything I Learned As A Divorce Attorney. Ron shares his experiences as a Divorce Attorney and highlights practical tips for students interested in the practice of family law. Ron also highlights some of the compelling stories …
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In this episode I am joined again by one of my favorite guests, with Steve Schwartz, founder and CEO of LSAT Unplugged. Steve explains the new LSAT and provides advice to those taking the LSAT or even thinking about taking the test. You will learn a bout the changes coming to the logic section and get advice on whether to wait for the new test or t…
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In this episode, Professor Josh Galperin, Professor of Law at the Elisabeth Haub School of Law interviews me about equitable remedies and promissory estoppel. Some key takeways... 1. Promissory estoppel is an equitable remedy, awarded for fairness when a legal remedy is not available. 2. Promissory estoppel is only available in the absence of a leg…
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In this episode... I speak with Kevin Gregg, a partner at Kurzban, Kurzban, Tetzeli and Pratt about his experience practicing Immigration Law. We cover a host of issues including the origins of modern immigration law practice, key entree jobs into the practice area and some ideal first jobs, including internships and government programs. Mr. Gregg …
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Entertainment and IP Law with Tony Iliakostas
37:29
37:29
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In this episode: I speak with Tony Iliakostas about Entertainment and IP Law. Tony discusses his entree into the entertainment law practice and shares fascinating details about posthumous personality rights. Some Key Takeways: 1. There are ways to distinguish yourself to employers besides grades. You can start a blog, write about topics of interest…
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This is a tutorial lecture that introduces discovery under the Federal Rules of Civil Procedure. Fist, I give an overview of five of the most important discovery devices, namely depositions, interrogatories, document requests, physical and mental examinations, and requests for admission. Second, I briefly describe mandatory initial disclosure oblig…
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Judge Katharine Parker Interview (Rule 34 +)
35:56
35:56
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This episode is a recording of my conversation with Judge Katharine H. Parker, Magistrate Judge for the U.S. District Court for the Southern District of New York. Judge Parker is an authority on, among other things, electronic discovery. Our conversation here focuses primarily on lawyers' duties under Fed. R. Civ. P. 34 (and, more broadly, the scop…
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In this episode... Professor Josh Galperin explains government rule-making authority and provides a broad overview of topics covered in administrative law. Some key takeaways.... Administrative law is the law that governs day-to-day government operations. It explains how federal agencies like the EPA, FDA, or SEC get authority to act, restrictions …
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In this episode... Professor Luke Norris, Associate Professor of Law at the University of Richmond School of Law explains the difference between Labor Law and Employment Law classes and provides an explanation for why each is worth taking in as an upper-level law school class. As an added bonus, Professor Norris explains the Protecting the Right to…
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Restorative Justice: Securing Posthumous Bar Admissions
27:11
27:11
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In this episode... We speak with Judge, Attorney, Historian, and Professor John Browning about righting historic wrongs. Prof. Browning has dedicated the past few years correcting the racial wrongs of State Bars. Last year, he secured admission for an African American man who aspired to be a lawyer in the 1880s but was denied bar admission because …
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In this episode... Professor Alexander Greenawalt discusses shares his thoughts, and predictions about California v. Texas, a case pending before the Supreme Court. Among other noteworthy issues, Professor Greenawalt discusses whether Congress has the power under the US Constitution to pass the Affordable Care Act (“ACA”)? Why is the constitutional…
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In this episode, Steve Schwartz, host of LSAT unplugged, explains the new LSAT format and how to prepare for it. Some key takeaways: The LSAT will be four timed sections instead of three. The Fourth Section will be experimental The time of the LSAT is now extended About our guest.... For more than a decade, Steve Schwartz has helped thousands of st…
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Securing Employment During and After Law School
30:30
30:30
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30:30
In this episode, Nick Santomassimo, a 3L at the Elisabeth Haub School of Law at Pace University discusses his work experiences during the summers prior to entering law school and his law school summers, and his path to securing post-law school work. Nick's particular interest lies in corporate law and he shares how his decision to spend one summer …
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Attorney Marc Misthal on the Intersection of Intellectual Property Law and Social Media
33:42
33:42
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In this episode, Marc Misthal gives straight forward advice to current and future IP students, explaining the four areas of IP and some tips for those of you who wanted to practice in the area. Sandwiched in between is an exciting discussion about real-life issues facing any IP attorney, particularly those related to social media law. About our Gue…
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In this episode, we speak with Professor Maybell Romero, Associate Professor of Law at Nothern Illinois University College of Law about law school post-pandemic. Some key takeaways Zoom classes have given professors time and space to offer more in-class assessments, a practice that is likely to migrate into in-person classroom learning. Initial hir…
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Claim and Issue Preclusion -- in 40 minutes
40:18
40:18
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This episode is a lecture tutorial that offers an overview of the doctrines of claim preclusion and issue preclusion. These doctrines are also know as res judicata and collateral estoppel, respectively. (Confusingly,) These doctrines are also sometimes jointly referred to as "res judicata."By Prof. Thomas Main
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This episode is a tutorial lecture about the Erie Doctrine. I cover a little bit of the history leading up to the Erie Doctrine and then offer advice about how to tackle an Erie issue in practice or on an exam. This is a 40-minute introduction and overview that focuses on the basics.By Prof. Thomas Main
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This episode is a tutorial lecture about the practical application of the doctrine of removal. Removal jurisdiction describes the circumstances under which an action can be removed, by a defendant, from state court to federal court. The lecture focuses primarily on the application of Sections 1441 and 1446 of Title 28. This is one of several episod…
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In this episode, I speak with Professor Francine J. Lipman, the William Boyd Professor of Law at William Boyd Law School at the University of Nevada, Las Vegas. Some key takeaways: Tax is a three-letter word not a four-letter word! Undocumented immigrants do pay taxes Tax cases are about the human life story All students should take tax About our G…
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This episode is a tutorial lecture about supplemental jurisdiction. This is one of several episodes on the broader topic of federal subject matter jurisdiction. This episodes focuses on the practical application of Section 1367 of Title 28. I do not try to cover history or any other context here.By Prof. Thomas Main
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Original Subject Matter Jurisdiction in Practice
51:15
51:15
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This episode is a tutorial lecture about original subject matter jurisdiction in federal courts. It introduces--and focuses exclusively on--the doctrines of federal question under 28 USC 1331 and diversity under 28 USC 1332. I do not cover class actions nor any of other (less common) bases for original subject matter jurisdiction. In this episode I…
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Venue (including transfers and forum non conveniens)
1:11:49
1:11:49
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This episode is a tutorial lecture about the doctrine of venue. I first cover the federal venue statute, 28 USC 1391. In circumstances when venue is improper, there are two follow-on options: dismissal or transfer. In circumstances when venue is proper, there are three follow-on options: proceed, dismissal, and transfer.…
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Dean Horace Anderson on Why Voting Is Important
21:04
21:04
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In this episode, I speak with Horace Anderson, Dean of the Elisabeth Haub School of Law at Pace University, on the importance of voting. About our guest: Dean Horace E. Anderson, Jr. joined the Pace Law School faculty in 2004 from the New York office of White & Case LLP. His practice there focused on intellectual property, privacy and data protecti…
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Notice/Service, 12b4 and 12b5 Motions to Dismiss in Practice
41:33
41:33
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This episode is a tutorial lecture about Service of Process under Federal Rule, and the 12(b)(4) and 12(b)(5) motions to dismiss. The episode focuses on a practical application of these Rules.By Thomas
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Interview with A. Ross (re McIntyre Mach. v. Nicastro and Specific Jurisdiction)
37:09
37:09
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This episode is my interview with Alexander Ross, Jr., the lawyer who represented Robert Nicastro in J. McIntyre Machiner Ltd. v. Nicastro. The interview took place on October 14, 2020. Because we recorded our conversation with Zoom, the quality of the audio is satisfactory, but not ideal.By Thomas
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This episode is a tutorial that puts the doctrine of personal jurisdiction into some broader context. I offer a little bit of history and offer some big-picture framing that might help you with your mastery of this subject. Notice that there is a separate episode that focuses on applying the doctrine to a given set of facts--that episode is called …
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This is a tutorial lecture about--and an introduction to--alternative dispute resolution (ADR). I discuss arbitration and mediation, and pose a couple larger questions about ADR.By Thomas
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This episode is about the practical application of summary judgment and FRCP 56.By Thomas
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Counterclaims, Crossclaims, and Third-Party Claims/Rules 13 and 14
58:40
58:40
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This episode is a tutorial lecture about three types of ancillary claims: counterclaims (compulsory and permissive), crossclaims, and third-party impleader claims.By Thomas
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This episode is a tutorial lecture about the joinder of claims and parties under Rules 18 and 20, respectively.By Thomas
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This episode is about the practical application of Rule 11.By Thomas
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This episode is a tutorial about the defendant's answer to a plaintiff's complaint. I discuss the obligation to admit or deny the allegations of the plaintiff's complaint. And I discuss affirmative defenses. I also briefly mention counterclaims, cross-claims, and third party claims even though those topics are the subject of a separate episode.…
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This episode puts the 12(b)(6) motion to dismiss in context. I address the historical context of the motion, and its importance in the scheme of litigation.By Thomas
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This episode is a tutorial about the practical application of a 12(b)(6) motion to dismiss for failure to state a claim. I focus on the three types of circumstances when courts grant 12(b)(6) motions and offer strategies about how to analyze and argue these motions in practice or on an exam.By Thomas
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This episode is about offers of judgment under Federal Rule of Civil Procedure 68. I focus on the practical application of Rule 68.By Thomas
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This episode is an overview lecture about procedural due process. We cover the five elements of due process claims under the 5th and 14th Amendments of the U.S. Constitution, paying particular attention to the 5th element, which requires us to apply the Mathews 3-part test.By Thomas
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In this episode, I interview Adam Sopko. Adam Sopko is (or was then) a third-year law student and the editor-in-chief of the Northwestern Law Review. In this episode Adam offers advice about adjusting to law school. We then discuss at some length the topic of snap removal and his law review article about the subject. Snap removal refers to the foru…
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12(b)(2) / Personal Jurisdiction in Practice
55:09
55:09
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55:09
This episode is about the 12(b)(2) motion to dismiss for lack of personal jurisdiction. The episode gives an overview of the following jurisdictional bases: Congressional Statutes (S), Federal Rule 4(k)(1)(B) and 4(k)(2) (R), Personal Service (S), Waiver (W), Status (S), Consent/Forum Selection Clauses (C), General Jurisdiction (G), and Specific Ju…
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This episode is an introduction to topics in Remedies. We discuss (1) the difference between equitable and legal relief; (2) the difference between preliminary and permanent relief; (3) the traditional 4-part test for preliminary relief; and (4) types of final relief. We also briefly mention pre-judgment attachments.…
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This episode is about the Rule 15 Motion to Amend. We discuss the three ways to satisfy 15(a), a threshold test that applies to all amendments in federal court. We then discuss statutes of limitation and the relation-back of amendments.By Thomas
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In this episode ... Professor Jen Reise discusses her program, JD Navigator, a program to help individuals decide whether law school is the right choice. About our guest... Jen Randolph Reise teaches business law as a visiting professor at Mitchell Hamline School of Law, the first U.S. law school to launch an ABA-approved blended learning J.D. prog…
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In this episode.... Steve Schwartz, LSAT tutor and author of the LSATblog explains the new LSAT Flex Test. About our guest… Steve Schwartz is a full-time author, teacher, and founder of the LSAT Blog and LSAT Unplugged YouTube channel and LSAT Unplugged podcast, with an audience of over 100,000 on LSAT and law school admissions. He's taught the LSA…
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In this episode... Zamir Ben-Dan, Community Justice Attorney for Legal Aid Brooklyn shares his experiences as a legal aid attorney and his path to securing his dream job. Mr. Ben-Dan highlights the importance of legal research and writing classes. He also emphasizes the value of networking. The discussion highlights some of his most interesting cas…
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