American Law Cafe

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 Fraud...

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...

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 pr...

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 Shor...

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 e...

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 ove...

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 w...

In this episode of American Law Cafe, we dive into the nuanced world of premises liability in Tennessee, focusing on the Attractive Nuisance Doctrine and Playground Doctrine. Using four key cases, we uncover the boundaries of landowner liability, including when the doctrines apply and how factors like trespassing, habitual use, and knowledge of hazards influence legal outcomes.

Key Themes:

• Attractive Nuisance Doctrine: Learn why ...

Search Warrants and the Fourth Amendment – Balancing Law and Liberty

In this episode of American Law Cafe, we explore the intricacies of the Fourth Amendment's protections against unreasonable searches and seizures, focusing on the validity of search warrants. Through an analysis of landmark Supreme Court cases, we unravel the balance between empowering law enforcement and safeguarding individual rights.

Highlights Include:

1. C...

Episode Summary: Contract Law and Public Policy

Join us this week on American Law Café as we delve into the complexities of contract law and public policy. This episode highlights key principles that govern the enforceability of agreements, focusing on illegality, exculpatory clauses, non-compete agreements, and family law.

• Illegality in Contracts: Explore why courts reject enforcement of illegal agreements, with examples like Si...

Welcome to American Law Café! This week, we’re tackling premises liability law in Tennessee, exploring key cases and principles that shape how courts balance the duties of landowners with the safety of visitors.

• Open and Obvious Doctrine: Cases like Coln v. City of Savannah and Vancleave v. Markowski show that visible hazards don’t automatically absolve landowners of liability. Instead, courts consider foreseeability, gravity of...

This episode explores key aspects of negligence in Tennessee, drawing insights from six landmark cases. Topics include the essential elements of negligence, medical malpractice standards, and comparative fault principles.

Key Themes:

1. Negligence Elements: Proving negligence requires showing a duty of care, breach of that duty, causation (both actual and proximate), and resulting damages.
2. Medical Malpractice: Tennessee law mandates ...

This episode examines key aspects of Tennessee negligence law, drawing insights from five landmark cases. Topics include parental liability, negligent misrepresentation, medical conditions, accountant liability, and the application of negligence per se.

Key Themes:

• Parental Liability: Parents are not liable for adult children’s negligent actions (Nichols v. Atnip), even if they provide financial support or know about risky behavi...

Welcome to today's episode, where we examine the fundamental principles of contract law as covered in the first year of law school. This recap explores key themes, essential concepts, and critical cases that every law student needs to know.

Formation of a Contract

We begin with the basics: the three pillars of contract formation—offer, acceptance, and consideration. An offer is a clear and definite proposal that shows intent to ...

Welcome to this week’s episode, where we explore the critical principles of contract law, focusing on cases that highlight the nuances of contract formation, the application of the Uniform Commercial Code (UCC), and modern agreement types. In this episode, we break down the following key themes:

Battle of the Forms and UCC 2-207

One of the most contentious areas in contract negotiations is the "Battle of the Forms," where p...

In this episode, we explore key legal principles surrounding the duty to act reasonably and the evolving scope of negligence law. Highlights include:

1. Duty to Act Reasonably: A legal duty to act arises only under specific circumstances, creating potential liability in negligence cases.
2. Negligent Infliction of Emotional Distress (NIED): We discuss the shift from the "Zone of Danger" test to the broader Camper v. Minor sta...

In this episode, we explore landmark Tennessee Supreme Court cases that have shaped negligence law through four distinct themes:

Duty of Care to Non-Patients and Third Parties

• Bradshaw v. Daniel (1993): Expanded physicians' duty to warn identifiable family members of foreseeable risks associated with a patient's illness, even when the disease is non-contagious. This decision underscores foreseeability as a critical fact...

🎙️ New Episode: Breaking Down Negligence in Torts Law!

This week, we delve into the foundational principles of negligence in tort law, focusing on key elements, doctrines, and case law to help you master this critical topic for your exams.

Here’s what we cover:

• Negligence Defined: Learn how negligence differs from intentional torts, focusing on duty, breach, causation, and damages.
• Proving Breach of Duty: Explore the doctrine of R...

🎙️ New Episode Alert: Mastering Torts for Your Mid-Term!

This week, we dive into Tennessee tort law, breaking down the key concepts, cases, and defenses every 1L needs to know. We'll cover:

• The Purpose of Tort Law: From compensation and deterrence to justice and loss distribution, understand the foundational goals driving tort law.
• Statute of Limitations and Repose: Learn the rules, exceptions, and landmark cases like Hatawa...