Author: esquire

North Dakota Law School 1L Study Guide for Civil Procedure I. Civil Procedure Overview Civil Procedure encompasses the rules and processes by which civil matters are adjudicated in courts. A strong understanding of both federal and North Dakota procedural rules is essential for litigation. Key areas include jurisdiction, pleadings, discovery, pretrial motions, trial procedures, and…

North Carolina Law School 1L Study Guide for Torts I. Introduction to Torts A. Definition of Torts – Torts are civil wrongs that cause harm or loss, resulting in legal liability for the person who commits the tortious act. B. Purpose of Tort Law – Compensate victims, deter harmful behavior, and encourage socially responsible behavior.…

North Carolina Law School 1L Study Guide for Property I. Introduction to Property Law A. Definition of Property Property law governs the relationships between individuals and things, both tangible and intangible. Property can be divided into two categories: real property (land and things attached to it) and personal property (movable items and intangible rights). B.…

North Carolina Law School 1L Study Guide: Legal Research and Writing Introduction to Legal Research and Writing Legal research and writing are fundamental skills for law students and practicing attorneys. This study guide focuses on the principles, resources, and strategies for conducting legal research, as well as the techniques for effective legal writing, tailored specifically…

North Carolina Law School 1L Study Guide for Criminal Law I. Introduction to Criminal Law Purpose and Functions of Criminal Law: Understand the goals of criminal law including deterrence, retribution, rehabilitation, and incapacitation. Recognize the role of criminal law in maintaining public order and enforcing societal norms. Classification of Crimes: Distinguish between felonies, misdemeanors, and…

North Carolina Law School 1L Study Guide for Contracts I. Introduction to Contracts Contracts are agreements between two or more parties that create mutual obligations enforceable by law. The basic elements required for the agreement to constitute a contract are mutual assent, expressed by a valid offer and acceptance, adequate consideration, capacity, and legality. II.…

North Carolina Law School 1L Study Guide for Constitutional Law I. State and Federal Relations Understanding the Federal System: Emphasize the structure of government in the U.S., focusing on the division and sharing of powers between state and federal governments, as described in the Tenth Amendment. Supremacy Clause (Article VI, Clause 2): Federal law is…

North Carolina Law School 1L Study Guide for Civil Procedure I. Introduction to Civil Procedure Civil Procedure is the body of law governing the methods and practices used in civil litigation. It involves the rules and standards set by the courts and legislatures that dictate how a civil case is initiated, conducted, and resolved. Understanding…

New York Law School 1L Study Guide for Torts Introduction to Tort Law Definition: A tort is a civil wrong, other than a breach of contract, for which the court will provide a remedy in the form of an action for damages. Purpose: Compensation for injured parties, deterrence of harmful conduct, and societal protection. Intentional…

New York Law School 1L Study Guide for Property I. Introduction to Property Law A. Definition and Importance – Property law governs the various forms of ownership and tenancy in real and personal property. B. Types of Property – Real Property: Land and attachments (buildings, trees, etc.). – Personal Property: Movable objects and intangible rights.…

New York Law School 1L Study Guide for Legal Research and Writing Legal Research and Writing (LRW) is a critical course in the 1L curriculum that equips students with the essential skills to conduct legal research and to communicate effectively in writing. Below is a comprehensive guide to the core concepts, skills, and case law…

New York Law School 1L Study Guide for Criminal Law I. Principles of Criminal Liability A. Actus Reus (The Criminal Act) Definition: A voluntary act or an omission when there is a duty to act that forms part of a crime. Involuntary acts are excluded. Examples: Physical actions, omissions when under a legal duty to…

New York Law School 1L Study Guide for Contracts I. Introduction to Contracts Contracts are agreements enforceable by law. They are fundamental to private transactions and are central to the practice of law in the United States, including New York. Definition and Elements: A contract is a promise or a set of promises for the…

New York Law School 1L Study Guide for Constitutional Law I. The Constitution: Text, History, and Structure A. The Preamble – Brief Summary: Serves as an introduction, highlighting the purposes and guiding principles behind the Constitution. – Relevant Concepts: Union, justice, tranquility, defense, welfare, liberty. B. Separation of Powers – Brief Summary: The division of…

New York Law School 1L Study Guide for Civil Procedure Civil Procedure encompasses the rules and processes that the court follows in civil lawsuits. This guide provides an overview of relevant concepts, case law, and New York-specific rules that are essential for 1L students to understand. Jurisdiction and Venue Subject Matter Jurisdiction: The authority of…

New Mexico Law School 1L Study Guide for Torts I. Introduction to Torts – Definition: A tort is a civil wrong, other than a breach of contract, for which the court will provide a remedy in the form of an action for damages. – Purpose: To compensate victims for harms caused by the actions of…

New Mexico Law School 1L Study Guide for Property I. Introduction to Property Law A. Property Types 1. Real property: land and interests in land. 2. Personal property: all other types of property. B. Legal vs. Equitable Title 1. Legal title refers to formal ownership of property. 2. Equitable title refers to the benefits of…

New Mexico Law School 1L Study Guide for Legal Research and Writing I. Introduction to Legal Research and Writing Fundamentals of Legal Research: Understanding the hierarchy of legal authority (U.S. Constitution, statutes, regulations, case law). Familiarity with primary and secondary sources (case reporters, statutes, legal encyclopedias, law review articles, etc.). Proficiency in using legal research…

New Mexico Law School 1L Study Guide for Criminal Law I. Introduction to Criminal Law: Criminal law deals with behaviors that are sanctioned under criminal penalty by the state. It is the body of law that relates to crime and sets out the process for addressing violations through punishment. In New Mexico, criminal laws are…

New Mexico Law School 1L Study Guide for Contracts I. Introduction to Contract Law Definition of a Contract: A contract is a legally binding agreement between two or more parties that is enforceable by law. Objective Theory of Contracts: Contracts are interpreted by the objective, rather than the subjective, intent of the parties. This means…