Episodes

  • Contracts Mini Mid-Year Review
    Nov 30 2024

    In this episode, we dive deep into the fascinating world of contracts, breaking down the essential elements of what makes a contract enforceable. We explore key topics such as defenses to contract formation, foundational rules like the Mirror Image Rule, and distinctions between void and voidable contracts, as well as mistake versus misunderstanding. We also unpack critical concepts like the advertisement test, the Statute of Frauds, types of damages, acceptance by performance, and the UCC 2-207 "Battle of the Forms." Whether you're studying contracts or simply curious about the rules that govern agreements, this episode has you covered!

    Introductory Music for American Law Cafe. In Jazz Short by moodmode / Vlad Krotov.

    Support the show

    🎶 Intro Music: "In Jazz Short" by moodmode / Vlad Krotov
    📚 Content Created by Heather Mora
    🎙️ Hosted on Buzzsprout: https://www.buzzsprout.com/2429305

    Show More Show Less
    20 mins
  • Torts and Neglience: Causation
    Nov 30 2024

    Send us a text

    In this episode, we dive into the principles of Negligence and Causation, exploring how they interplay in the legal system. Using the Tennessee case, Kilpatrick v. Bryant (1993) as a lens, we analyze the key elements of negligence and unpack the complexities of establishing causation in a legal context.

    Introductory Music for American Law Cafe. In Jazz Short by moodmode / Vlad Krotov.

    Content Created by Heather Mora.

    Hosted on Buzzsprout, https://www.buzzsprout.com/2429305

    Show More Show Less
    6 mins
  • Criminal Procedure Part 1: The 4th Amendment and the Exclusionary Rule
    Dec 1 2024

    In this week’s episode, we delve into key concepts in Criminal Procedure, focusing on the Fourth Amendment of the U.S. Constitution, which safeguards individuals from unreasonable searches and seizures. We also explore the Exclusionary Rule, a critical doctrine that bars evidence obtained in violation of a defendant's constitutional rights from being used in court. Join us as we examine landmark cases that have shaped these principles, including Wolf v. Colorado (1949), Mapp v. Ohio (1961), United States v. Leon (1984), Hudson v. Michigan (2006), Herring v. United States (2009), State v. McElrath (2019), and State v. McLawhorn (2020).

    Introductory Music for American Law Cafe. In Jazz Short by moodmode / Vlad Krotov.

    Support the show

    🎶 Intro Music: "In Jazz Short" by moodmode / Vlad Krotov
    📚 Content Created by Heather Mora
    🎙️ Hosted on Buzzsprout: https://www.buzzsprout.com/2429305

    Show More Show Less
    16 mins
  • Criminal Procedure Part 2: The 4th Amendment and Protected Areas/Interests
    Dec 1 2024

    In this episode, we explore what constitutes an unreasonable search and seizure under the Fourth Amendment. We dive into landmark cases that have shaped the boundaries of privacy expectations, property rights, and law enforcement limitations. Key rulings such as Katz v. United States (1967), California v. Greenwood (1988), Florida v. Riley (1989), United States v. Jones (2012), Carpenter v. United States (2018), Florida v. Jardines (2013), United States v. White (1971), Torres v. Madrid (2021), and Zurcher v. Stanford Daily (1978) are examined to reveal their lasting impact on modern surveillance practices and constitutional protections.

    Introductory Music for American Law Cafe. In Jazz Short by moodmode / Vlad Krotov.

    Support the show

    🎶 Intro Music: "In Jazz Short" by moodmode / Vlad Krotov
    📚 Content Created by Heather Mora
    🎙️ Hosted on Buzzsprout: https://www.buzzsprout.com/2429305

    Show More Show Less
    20 mins
  • Unconscionability in Contracts
    Dec 1 2024

    This week on American Law Café, we discuss unconscionability in contract law through four cases: Clifton Jones v. Star Credit Corp (excessive pricing ruled unconscionable), In re Louis Fleet (deceptive and unfair terms invalidated), Misty Ferguson v. Countrywide (arbitration terms found unconscionable), and Elaine Zapatha v. Dairy Mart (termination clause upheld as fair).

    Introductory Music for American Law Cafe. In Jazz Short by moodmode / Vlad Krotov.

    Support the show

    🎶 Intro Music: "In Jazz Short" by moodmode / Vlad Krotov
    📚 Content Created by Heather Mora
    🎙️ Hosted on Buzzsprout: https://www.buzzsprout.com/2429305

    Show More Show Less
    18 mins
  • Intentional Torts and Damages Recap
    Dec 2 2024

    In this episode, we unpack intentional torts with a focus on battery, assault, intentional infliction of emotional distress, and false imprisonment. We break down key legal elements, explore defenses like consent and self-defense, and discuss the doctrine of transferred intent. Additionally, we dive into Tennessee-specific laws on damages, covering compensatory and punitive damages, loss of consortium, and statutory caps. We also examine statutes of limitations and repose in medical malpractice and product liability cases, highlighting critical case law examples. Tune in for an insightful look at the legal principles and precedents shaping these complex areas of tort law.

    Introductory Music for American Law Cafe. In Jazz Short by moodmode / Vlad Krotov.

    Support the show

    🎶 Intro Music: "In Jazz Short" by moodmode / Vlad Krotov
    📚 Content Created by Heather Mora
    🎙️ Hosted on Buzzsprout: https://www.buzzsprout.com/2429305

    Show More Show Less
    35 mins
  • Criminal Procedure Arrest, Search and Seizure Part 1: Probable Cause
    Dec 5 2024

    Send us a text

    This episode examines the evolution of probable cause standards and their impact on Fourth Amendment protections against unreasonable searches and seizures. The rigid Aguilar-Spinelli test, which required proof of an informant’s knowledge and reliability, was replaced by the more flexible totality of the circumstances approach established in Illinois v. Gates. This standard allows courts to consider corroborated details and the overall context when evaluating probable cause. Tennessee adopted this approach in State v. Tuttle, aligning state law with federal precedent.

    We also explore the legality of anticipatory warrants (United States v. Grubbs), which permit searches based on predicted conditions, and the necessity of reliable, specific information for lawful arrests, as highlighted in Wong Sun v. United States. These cases demonstrate the ongoing effort to balance effective law enforcement with protecting individual rights.

    Introductory Music for American Law Cafe. In Jazz Short by moodmode / Vlad Krotov.

    Content Created by Heather Mora.

    Hosted on Buzzsprout, https://www.buzzsprout.com/2429305

    Show More Show Less
    23 mins
  • Torts_Statute of Limitations and Statute of Repose in Tennessee
    Dec 5 2024

    Send us a text

    This episode breaks down Tennessee’s statutes of limitations and repose, focusing on how they apply to medical malpractice and product liability cases. We explore the “discovery rule,” which determines when the clock starts for filing claims, and how fraudulent concealment can extend deadlines in malpractice cases. In product liability, we examine the strict statute of repose, which sets a firm deadline for lawsuits regardless of when an injury is discovered. Through key Tennessee Supreme Court cases, we unpack the complexities, exceptions, and practical implications of these legal timelines, offering insight into filing lawsuits under Tennessee law.

    Cases discussed in this episode:

    Hataway v. Mckinley, 830 S.W.2d 53 (Tenn. 1992); Spence v. Miles Laboratories, Inc., 810 F. Supp. 952 (E.D. Tenn. 1992); Stanbury v. Bacardi, 953 S.W.2d 671(Tenn. 1997); Roe v. Jefferson, 875 S.W.2d 653 (Tenn. 1994); Shadrick v. Coker, 963 S.W.2d 726 (Tenn. 1998).

    Introductory Music for American Law Cafe. In Jazz Short by moodmode / Vlad Krotov.

    Content Created by Heather Mora.

    Hosted on Buzzsprout, https://www.buzzsprout.com/2429305

    Show More Show Less
    17 mins