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Protections for Employees

Protections for Employees

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In this course, we’ll look at federal and state laws that protect employees from discrimination, retaliation and other maltreatment by their employers. We’ll also help employers understand what is expected of them under the law and how to avoid potential litigation and liability.

This is a basic level course and you don’t need any previous training or experience to understand it. The course is recommended for legal professionals who work with employment law, human resource managers, business professionals who deal with human resources issues and members of the general public who would like to know what protections they’re entitled to in the workplace and what they can do if they have concerns about discrimination or maltreatment.

We’ll look at the central role of the Civil Rights Act of 1964 and the classes of workers that are protected under that landmark legislation and its amendments and interpretations. We’ll focus on many other rules as well, such as the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, the National Labor Relations Act and whistleblower protection laws.

This course also takes you through the different types of discrimination claims, including disparate impact claims, disparate treatment claims and retaliation claims. We’ll look into sexual harassment and the federal and state rules that provide remedies for harassment and hostile work environments.

We’ll also look at the role of the Equal Employment Opportunity Commission, usually known as the EEOC, and its processes for remedying problems with or without litigation.

Subject:: Law; General Law
Material Type:: Assessment; Full Course; Lesson; Lesson Plan
Author:: Stephen Haas
Date Added:: 12/11/2019

Acquiring Copyright Protection

Acquiring Copyright Protection

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In this course, we’ll introduce you to copyrights and copyright protection. This program is of low difficulty and no prior knowledge of intellectual property law is required.

A copyright is an intellectual property device that protects a creative work from duplication if it is fixed in a tangible medium. The course will look at the types of creations that can be protected by copyright law and discuss federal copyright law as set forth in Title 17 of the United States code.

The course covers the copyright requirements of originality, creativity and fixation in a tangible medium. We will distinguish between non-copyrightable “ideas” and copyrightable expressions. We spend much of our time looking at the important applications of these ideas to computer programs and software, which have often rendered traditional copyright rules anachronistic. Included in this discussion are the effects of the Digital Millennium Copyright Act of 1998.

The course next turns to copyright duration, renewal and termination and how they are applied to copyrighted works based on the years that the works were created.

Finally, we will look at notice and registration, and compliance with registration and recording procedures with the United States Copyright Office. While these steps are not required for copyright protection to attach, we will discuss the important benefits that they bestow.

The goal of this program is to allow you to apply the copyright rules to determine whether work can be copyrighted, how copyright protection can be established and for how long the protection lasts. Enforcing copyrights and fair use and other defenses against copyright enforcement will be the subjects of another course.

Subject:: Law; General Law
Material Type:: Assessment; Full Course; Lesson; Lesson Plan
Author:: Stephen Haas
Date Added:: 12/11/2019

Workers' Compensation

Workers' Compensation

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This course provides a comprehensive overview of workers’ compensation law. Though workers’ compensation law varies from state to state, the law discusses trends and general rules that apply throughout the country. Where the rules vary greatly from state to state, the course discusses the variances and provides examples how different states treat the issues.

This course is of moderate difficulty and some background in employment law (including the other LawShelf courses in employment law) is recommended.

The course begins with an overview of workers compensation and a discussion of the various elements of workers compensation claims.

To sustain a workers’ compensation claim, the worker must show that he was injured by accident during an employer-employee relationship and that the injury arose out of and occurred within the course of employment. We will focus on each element in detail.

Next, we will look at the various types of benefits, including temporary and permanent disability benefits, partial and total benefits, medical benefits and death benefits.

The second part of the course looks further into the minutia of workers’ compensation law, spending modules on scheduled injuries and nonscheduled injuries. Scheduled injuries are those for which state statutes outlines or schedules a maximum number of weeks of benefits to which the worker may be entitled. Non-scheduled injuries are those injuries for which statutes provide other means of calculating benefits. We will look at how benefits for both types of injuries are calculated.

Our last module looks at pre-existing conditions and the way the impact eligibility for workers compensation benefits. For example, how can it be determined whether an aggravation of an existing injury is considered a new injury? And how do you apportion various causes of a single injury? These are some of the issues that we will focus on in module six.

Subject:: Law; General Law
Material Type:: Full Course; Lesson; Lesson Plan
Author:: Stephen Haas
Date Added:: 12/11/2019

Real Estate Transactions

Real Estate Transactions

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In this course, we’ll discuss the purchase and financing of real estate, due diligence in real estate transactions, property ownership and rights and the unique challenges associated with common property ownership. No prior knowledge of real estate law is required to complete this course.

For decades, owning one’s own home has been essential to “the American Dream.” Since the 1950s, the percentage of American homeowners has increased dramatically for many reasons, including the growth of suburbs, population increases, low interest rates and more accessible financing.

Real estate is a historically stable investment, providing investors with consistent returns and stability unmatched by most securities. While a stock’s price may fall to zero, a parcel of real estate almost never loses all its value. Additionally, homeownership offers tax advantages, such as the ability to claim tax deductions on mortgage interest and property taxes.

This course’s goal is to provide you with an understanding and knowledge of the most important and most frequently-encountered issues in real estate acquisition and ownership. We’ll ensure that you overlook no major detail during the purchasing or selling process and comprehend the benefits and advantages attendant to home ownership.

Subject:: Law; General Law
Material Type:: Full Course; Lesson; Lesson Plan
Author:: Stephen Haas
Date Added:: 12/11/2019

Business Organizations

Business Organizations

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In this course, we’ll introduce you to the wide array of business forms, discuss how to create specific business entities, and explain the benefits and pitfalls of each type of business organization. This is an introductory level course and no prior experience or knowledge of business law is necessary.

A business organization is an entity formed to advance a commercial enterprise. It can be formed by one person or multiple people. We interact with businesses daily and they drive our nation’s economy.

This course begins by discussing the types of business entities and the state and federal laws that impact business formation. We will spend much of our time describing the factors an entrepreneur should consider prior to forming a business, such as liability, ownership, costs, taxation and transferability of ownership interests.

We will then move to specific entities, starting with partnerships. We will discuss the benefits of partnership formation and consider the categories of partnerships before explaining partners’ rights and duties to one another and to the partnership.

In the next part of the course, we will focus on corporations. We’ll start with closely held corporations, including the “S corporation,” which is a pass-through entity for tax purposes. We’ll consider the process of incorporation and we will use examples to illustrate the advantages and disadvantages of the corporate form.

In the latter half of our course, we’ll explore larger business organizations. We’ll discuss publicly traded companies, including the process of going public. We’ll also focus on how large corporations are managed and the roles of shareholders, directors and officers of a corporation. We will conclude by looking at limited liability companies, focusing on their benefits over other business forms and their operations.

Subject:: Law; General Law
Material Type:: Assessment; Full Course; Lesson; Lesson Plan
Author:: Stephen Haas
Date Added:: 12/11/2019

Employment and Employment Benefits

Employment and Employment Benefits

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This course takes a survey of the employment process and focuses on the most common issues that employers and potential employees focus on in the process. This is an introductory level course and no prior experience or knowledge of employment law is required.

The course begins with the hiring process, from creating legal job advertisements to applications and interviews. We also look at the factors that employers may and may not consider in the candidate selection process. We will also focus on the privacy issues that come into play here.

We then continue with job screening and testing. Some tests have been determined to be illegal, but most employment tests are permitted. We will look at common tests and their roles. We will also look at background checks and disclosures required by many employers of their potential employees.

We will next turn to compensation and benefits. We will discuss compensation in module 3, including compensation required by law, such as minimum wage, and non-standard types of pay, such as tips, backpay and overtime. We will also look at other compensation issues, including wage garnishment.

The fourth module discusses employment benefits. We will discuss required healthcare benefits under the Affordable Care Act and other healthcare legislation. We will also discuss the myriads of voluntary benefits that many employers offer.

Finally, we will look at a litany of rules regarding time off, including leave, absences, holidays, personal time, jury duty and military service. We will also discuss special rules that apply to agricultural workers and child workers.

At the completion of the course, you should have a basic understanding of many of the issues that are relevant to the initiation and terms of employment.

Subject:: Law; General Law
Material Type:: Assessment; Full Course; Lesson; Teaching/Learning Strategy
Author:: Stephen Haas
Date Added:: 12/11/2019

Residential Mortgages

Residential Mortgages

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This course covers the concepts, documents and regulations that are important to transactions wherein land is used to secure a purchase loan. It discusses disclosures, document execution, closing procedure, consumer protection laws, default and foreclosure. This is an intermediate-level course and it is recommended that the viewer take LawShelf’s course entitled “Real Estate Transactions” before this one.

The course begins with the mortgage application process, including steps buyers should take to prepare themselves for the mortgage application process. We’ll also look at common mortgage features, including those of various types of mortgages, such as fixed-rate, adjustable-rate and balloon-payment mortgages. We’ll also look at second mortgages and home equity loans.

Our next module looks at closings and mortgage execution. We’ll introduce you to the forms common to mortgage closings and their purposes. We will also discuss the importance of recording mortgage deeds and the consequences of failing to do so in a timely manner.

Module 3 discusses consumer protection laws, especially the Truth in Lending Act and the Real Estate Settlement Procedures Act. We will look at these and other laws and discuss their impacts on the mortgage process. We will also focus on credit reporting, anti-discrimination and collections laws and their impacts on mortgages.

Module 4 discusses subprime mortgages and the subprime mortgage crisis that (at least in part) led to the Great Recession of 2009. We will look at the causes of this crisis and legislative attempts to prevent its repetition.

Our final module discusses what happens when borrowers default on their mortgages. We will discuss collection efforts short of foreclosure and the foreclosure process, including a discussion of defenses against mortgage foreclosure, some of which are established or aided by federal legislation such as the Truth in Lending Act and the Dodd-Frank Wall Street Reform and Consumer Protection Act.

Subject:: Law; General Law
Material Type:: Assessment; Full Course; Lesson; Lesson Plan
Author:: Stephen Haas
Date Added:: 12/11/2019

Basics of Contracts Law

Basics of Contracts Law

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This is an introductory level course and no prior knowledge of law or contracts is required.

This course is a survey of basic contract law across a variety of areas. The first three modules cover the nature of contracts and the basic building blocks of contracts: offer, acceptance and consideration. The nuances of each element are considered, and the course focuses on rules such as the mirror image rule, the mailbox rule, mutuality of consideration and promissory estoppel. We also focus on the Uniform Commercial Code and its rules for contracts for the sale of goods.

In Module 4, we cover contract defenses, which allow contracts to be unenforceable despite the building blocks of the contract being in place. Defenses include illegality, incapacity, duress, unconscionability, undue influence, mistake and fraud. We will also look at the statute of frauds, which requires certain contracts to be in writing to be enforceable.

Our final module covers performance and breach, discussing when a contract has been breached and when one party’s breach allows the other party to cease performance. The module also covers contract remedies, which is the study of how contract damages are measured and when specific performance, where the court orders someone to do something, it an appropriate contracts remedy.

This course should give you an understanding of how contract law works the tools to continue with more advanced studies of more specific areas of contract and transactional law.

Subject:: Law; General Law
Material Type:: Lesson Plan; Teaching/Learning Strategy
Author:: Stephen Haas
Date Added:: 12/11/2019

Social Security

Social Security

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Social security impacts the lives of almost all Americans. Social Security provides financial assistance to older Americans who have retired, disabled workers and families who have experienced the death of a breadwinner. Our goal in this introductory-level course is to provide an overview of all that Social Security does and achieves.

In Module 1, we’ll look at the roots of the Social Security Act, how a person can obtain a Social Security number and the different components of Social Security. We will also discuss Social Security’s importance to the United States.

In our second module, we’ll tackle the subject of Social Security retirement benefits, a program which keeps 15 million American seniors above the poverty line. We’ll examine how a person becomes eligible to collect retirement benefits, how to calculate retirement benefits and how Social Security operates for those who are self-employed.

In Module 3, we’ll explain Social Security’s disability benefits programs, which, since their inception in 1956, have provided billions of dollars in financial assistance to injured workers. In this module, we’ll differentiate the Social Security Disability Insurance Program, which is based on the disabled worker’s earnings, from the Supplemental Security Income Program, which is needs-based, and lay out how one qualifies for these benefits.

Families and Social Security benefits are the subjects of our fourth module. We’ll approach the benefits available to a breadwinner’s family members and we’ll examine the family maximum, which is a limit on retirement and disability benefits that a family may be entitled to.

In Module 5, we’ll wrap up our course with an analysis of the appeals process for a Social Security benefits decision. We’ll investigate how a benefits recipient can file an appeal, the right to representation during an appeal and each of the four levels of an appeal, including reconsideration, hearing by an administrative law judge the Social Security Appeals Council’s review and the federal court review.

Subject:: Law; General Law
Material Type:: Full Course; Lesson; Lesson Plan
Author:: Stephen Haas
Date Added:: 12/11/2019

Vicarious Liability (Liability for the Torts of Others)

Vicarious Liability (Liability for the Torts of Others)

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This course looks at the circumstances under which one person (or organization) can be held liable for the actions of another. This is an intermediate-level course, and some understanding of basic tort law, including the rules or intentional torts and negligence, is recommended.

The primary and most commonly used theory of vicarious liability is that of the employer’s liability for torts committed by an employee. As such, our first two modules are devoted to that. We will illustrate when the employer-employee relationship exists and when an employer can be held liable for the actions of an independent contractor.

Next, we will turn to vicarious liability in other contexts, such as government liability for actions of its agents. We will look at sovereign immunity and when that protects federal and state governments from liability. Then, we will look at hospitals’ liability for injuries to patients and that of religious institutions for actions of clergy.

A slightly different type of vicarious liability involves bar owners’ liability for actions of drunk patrons. We will discuss “dramshop” laws that impose responsibilities on bar and restaurant owners that serve alcohol.

In module 4, we turn to liability of parents for children’s torts and crimes and look to the related area of people’s liability for injuries caused by their cars when driven by a child, relative or friend. Finally, module 4 looks at a “bailor’s” liability, wherein someone’s property (also often a car) causes injury when it’s operated by a valet, borrower or renter.

Finally, we will spend our last module on defenses against civil actions for vicarious liability, including contributory negligence and assumption of risk. We will also briefly look at the types of civil damages available in vicarious liability cases.

This course provides an overview of tort law as it relates to liability for actions of others, which is an important aspect of personal injury law and the basis of so much of tort law as practiced today.

Subject:: Law; General Law
Material Type:: Assessment; Lesson; Lesson Plan
Author:: Stephen Haas
Date Added:: 12/11/2019

Product Liability

Product Liability

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Product liability is a division of torts and personal injury law that is often the subject of class action lawsuits and routinely generates large monetary verdicts. Product liability cases are also all over the news, from tires that blow out to prescription drugs with harmful side effects to overly hot coffee served at McDonalds, product liability actions make interesting and compelling news stories.

This is an introductory level course and no previous knowledge of tort law is required, though familiarity with some basic legal terms like negligence, assumption of risk and warranty is helpful.

There are four bases of liability for defective products:

A manufacturing defect means that a mistake was made in production. The manufacturer forgot to put brake fluid in the car or the restaurant served spoiled food. We will spend a module on the standards to which manufacturers are held to ensure that their products are safe.

Another basis for liability is defective design. The product may have been produced as intended, but the design itself may be unreasonably dangerous. We’ll focus a module on this ground for liability as well. We’ll also focus on the important exception of inherently unsafe products such as guns and cigarettes.

Another module will focus on failure to warn. A product may be unavoidably unsafe even when designed and manufactured perfectly. In such case, the manufacturer and seller are still expected to provide the proper information to the consumer to give the consumer proper warning as to the danger. Warnings on everything from hot coffee to prescription drugs to swimming pools are products of this theory of liability.

The fourth basis for liability is breach of warranty. If the manufacturer or seller makes a promise (express or implied) as to how a product will perform and the product falls short, causing an injury, the manufacturer can be liable even without any defect in the product or process.

Finally, we will spend the last module on defenses common to actions for product liability. After this course, the viewer will be able to determine the grounds for liability for products that cause injuries on given fact patterns. You will also be able to apply the standards and defenses common to product liability actions.

Subject:: Law; General Law
Material Type:: Full Course; Lesson; Lesson Plan
Author:: Stephen Haas
Date Added:: 12/11/2019

Copyright Enforcement and Defenses

Copyright Enforcement and Defenses

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In this course, we'll focus on enforcement of copyrights and exceptions to the ability of the holder to enforce. This course is a complement to our course on Acquiring Copyright Protection. If you have not already done so, it is recommended that you take that course before this one.

After our Acquiring Copyright Protection course discussed what a copyright is, which works are eligible and how to copyright works, this course follows-up by looking at the ways a copyright is protected, how to build on a copyrighted work, the transfer and licensing of copyrights and copyright infringement.

We’ll begin by focusing on the “work for hire” doctrine and determining a copyright’s true owner when two or more parties contribute to a copyrighted work. We’ll look at the ramifications of building on a copyrighted work and how and when copyright protection shifts from the original creator to a party that modifies it, specifically discussing the differences between collective works, compilations and derivative works.

In the third segment, we’ll discuss fair use, an important defense to copyright infringement. We’ll discuss the fair use doctrine under Section 107 of the Copyright Code and elucidate the necessary elements to successfully assert fair use and how courts evaluate alleged infringers’ uses of the defense. Here, we also learn about the fate of copyrighted works that make their ways into the public domain and what the “public domain” includes.

Copyright ownership doesn’t remain fixed, as an owner can transfer or license rights associated with a copyrighted work to another. We’ll address what’s needed for an enforceable licensing agreement and how the original owner can recapture his rights. We’ll wrap up the course by exploring copyright enforcement, how an infringement suit proceeds and an aggrieved copyright holder’s potential remedies.

Subject:: Law; General Law
Material Type:: Lesson; Lesson Plan
Author:: Stephen Haas
Date Added:: 12/11/2019

Leaving a Job

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This course looks at many issues relevant to the process of transitioning between jobs, including notice, termination, compensation, benefits and references. This is an introductory level course and no prior knowledge of employment law is necessary.

The course begins with a discussion of how and why people leave jobs. We will look at resignation rules and the unusual cases in which resignation can lead to contractual liability. We also look at the “constructive discharge rule,” in which resignation due to poor conditions may be considered tantamount to a discharge. We will also focus on responsibilities of an employee who leaves a job, such as keeping certain information confidential and enforcement of non-compete agreements. Discussions of best practices when resigning and references round out this opening module.

Modules 2 and 3 look at post-employment compensation and benefits. Compensation includes severance pay, unemployment insurance and other forms of optional and legally required post-employment compensation. Post-employment benefits include health insurance under “COBRA” and retirement benefits. We will also discuss the transferability of retirement accounts and pensions.

Modules 4 and 5 discuss involuntary termination. While many employees are “at will,” some employees with employment contracts may not be fired except for cause. We will also discuss cases in which other employees may not be fired except for cause. We will cover layoffs, which are often subject to federal or state regulation, and finish Module 4 with a discussion of employee best practices when laid off or terminated. Module 5 also discusses non-discrimination and whistle-blower statutes that make it illegal to fire even “at will” employees on certain grounds.

This course should enhance the abilities of anyone who deals with human resources to more easily and effectively deal with personnel transitions.

Subject:: Law; General Law
Material Type:: Assessment; Lesson; Lesson Plan
Author:: Stephen Haas
Date Added:: 12/11/2019

Consumer Protection

Consumer Protection

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In this course, we take an in-depth look at the multitudes of steps that have been taken to protect consumers from predatory practices of lenders, sellers and other participants in the marketplace. This is an intermediate-level course and some basic understanding of the world of law and regulation is recommended. There is also some overlap between this course and other courses on subjects to which these regulations apply, such as cyberlaw and mortgages.

Module 1 introduces consumer protection and discusses the seminal consumer protection law – the Truth in Lending Act. It also focuses on the Equal Credit Opportunity Act, which complemented the Civil Rights Acts by prohibiting discriminatory lending practices.

Module 2 focuses on credit and credit reports. It looks at the Fair Credit Reporting Act and its impacts on credit transactions. The module also analyzes the litany of responsibilities the law places on credit reporters and information furnishers (who are usually creditors, such as credit card companies).

Module 3 turns to identity theft. This burgeoning threat in an ever-more-connected world has been the subject of much regulation. The module surveys the myriads of state and federal regulations and resources that seek to protect victims and potential victims of identity theft.

Module 4 focuses on laws regulating false and deceptive advertising and marketing. It traces the history of these regulations and looks at cases and statutes that have defined the limits on commercial speech. The module ends with a discussion of regulation of telephone solicitations, which are heavily regulated even when not misleading.

Module 5 focuses on mandatory disclosures to credit card holders and mortgage borrowers. Disclosures are sometimes tedious and often difficult to understand, but their existence creates an air of transparency around the credit process. The module focuses on the Truth in Lending Act, the Real Estate Settlement Procedures Act and the Credit CARD Act, along with accompanying regulations.

When finished with the course, the viewer should have a comprehensive understanding of the framework that has been put in place to help protect consumers and many of the details of these rules and regulations.

Subject:: Law; General Law
Material Type:: Assessment; Lesson; Lesson Plan
Author:: Stephen Haas
Date Added:: 12/11/2019

E-Discovery

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This course offers a cutting-edge look into the legal and technological factors that impact the electronic discovery process in civil litigation. This is an intermediate-level course and we recommend that you first watch our video-course on Discovery in Civil Litigation. However, we have prepared the course so that it should be accessi ble even to people with little understanding of the technologies involved.

The course starts with an introduction to the nature of e-discovery and the phenomenon of electronically stored information (which almost all information today is). We will look at how the rules of discovery are applied to ESI.

In the second module, we’ll focus on how ESI is stored and retrieved. We’ll present the basics of the technology involved and introduce the “proportionality” rule that governs discovery of ESI. We’ll also survey the types of ESI storage and the challenges unique to each one.

Module 3 focuses on retrieval of data and the limitations on that process. We’ll discuss legal and ethical limitations such as privilege. We’ll also discuss the manner in which retrieval processes are negotiated and planned between the parties and the processes by which information is searched and discovered.

Module 4 fleshes out the proportionality rule. This is a complex cost-benefit analysis that determines, on a case-by-case basis, how deeply databases must be searched for relevant information. The module also looks at authentication of ESI, summaries of vast quantities of information and admissibility at trial.

The final module focuses on the practical. We’ll look at the process of creating and executing e-discovery plans and how to respond to electronic discovery requests. Finally, we’ll survey the coming challenges and the future of this ever-changing field.

At the end of this course, we are confident that you will be much better prepared to participate in the E-discovery process and that you will have a firm understanding of the principal issues concerning e-discovery.

Subject:: Law; General Law
Material Type:: Assessment; Lesson; Lesson Plan
Author:: Stephen Haas
Date Added:: 12/11/2019

Child Custody and Visitation

Child Custody and Visitation

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This course covers the basics of child custody and visitation rights awarded to non-custodial parents. We will discuss joint custody and when sole custody is awarded. This is a beginner-level course and no prior knowledge or experience is necessary to take it.

The course starts with discussion of the historical approaches to custody and visitation and how they have changed in recent years. We will explain the differences between physical and legal custody and how and why they are bifurcated. We will also focus on the ubiquitous “best interests of child” standard and how it is applied.

Module 2 looks at the specifics of awarding joint and sole custody and the considerations that go into awarding each. We will also look at the mechanics of administering various types of custody arrangements.

Module 3 turns to visitation. It covers visitation normally awarded to non-custodial parents and when courts can limit or even deny visitation. We will examine the factors that courts consider in making these important determinations. We will also look at third-party visitation (such as for grandparents) and the impact of the Supreme Court’s decision in Troxell v. Glanville on state third-party visitation laws.

Modules 4 and 5 cover modification and enforcement, including rules and conventions that allow for nationwide and international enforcement of child custody awards, including federal and international laws designed to discourage and punish parental “kidnapping.” We also cover the grounds to modification of custody and visitation awards and the procedures for seeking modification.

Subject:: Law; General Law
Material Type:: Full Course; Lesson; Lesson Plan
Author:: Stephen Haas
Date Added:: 12/11/2019

Evidence

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This course looks at the tapestry of rules that govern what information can be presented during criminal and civil proceedings. The course focuses primarily on the Federal Rules of Evidence. While state rules of evidence may vary, these represent a good indication of how the rules of evidence are generally likely to operate throughout the country.

This is an introductory-level course and the concepts are discussed in a manner that should be accessible even to those with no legal or litigation background.

Module 1 introduces the concept of evidence and discusses when and how evidentiary issues are decided. It looks at objections, stipulations, judicial notice, appeals and standards of review that comprise the backdrop of the way in which evidentiary rules are applied.

Module 2 deals with the fundamental principle of relevance. It discusses what evidence is relevant and when otherwise relevant evidence can be excluded due to danger of prejudice or other reasons. The module introduces the character evidence rule, which excludes evidence of character except in cases of clearly defined exceptions.

Module 3 continues the character evidence discussion with the many exceptions, conditions and rules related to character evidence discussed in Article 4 of the Federal Rules of Evidence.

Module 4 focuses on other rules of evidence, including authentication and the original documents rule. In other words, how does one know that evidence is what it purports to be? We’ll also look at privilege rules, which may exclude otherwise relevant evidence because of privileges, such as attorney-client, spousal and clergy-penitent.

Module 5 turns to the presentation of witness testimony. We’ll learn about the differences between “lay” witnesses and expert witnesses and discuss the types of questions that are allowed on direct and cross examination. We’ll also look at appropriate methods to impeach a witness’ testimony or credibility.

The last module looks at hearsay, the rule that precludes second-hand testimony. The rule has many exceptions and some of these are complex, so we’ll break these down as much as possible.

After completing this course, you should have a grasp on the way in which evidence is introduced, the reasons for many of the evidentiary limitations and on how the evidentiary rules are applied. This should also allow you to be more effective in helping to investigate and prepare for litigation, since you will better understand what information can make it to the jury.

Subject:: Law; General Law
Material Type:: Lesson; Lesson Plan
Author:: Stephen Haas
Date Added:: 12/11/2019

E-Commerce Regulation

E-Commerce Regulation

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This course focuses on regulatory steps to protect consumers in the online marketplace. This is a fast-moving field and laws and regulations are constantly being updated and refined. This is an intermediate-level course and draws on the basics of several other legal fields, such as contracts, the right to privacy, local taxation and administrative law. Still, it can be valuable even if you have no legal background.

Our first module applies the laws of contracts to e-commerce. We will look at the enforceability of contracts of adhesion and other e-commerce agreements. We will also focus on digital signatures, electronic records, filling gaps in standard online form agreements and other contract law issues unique to Internet-based commerce.

The second module focuses on privacy, both from a governmental perspective and privacy laws that limit commercial entities. We’ll also look at the Privacy Act of 1974 and more recent Internet-based privacy regulations and how they apply to E-commerce.

Our third module looks at various consumer protection laws, including federal laws regulating unsolicited emails and spyware. We’ll also focus on retail consumer protection laws, such as the Restore Online Shoppers Confidence Act.

In our fourth module, we’ll look at taxation of e-commerce transactions. A recent Supreme Court decision has changed the landscape of sales tax, allowing states much greater freedom to tax online sales. We’ll look at the issues that surround these taxes and the current state of affairs.

Finally, we’ll look at the Financial Services Modernization Act and other federal rules that govern the technology of online transactions. We’ll also look at the self-regulatory environment that companies have undertaken and best practices in the industry. We’ll also look at regulation of Internet gambling and crypto-currencies.

This course will give you a broad overview of many of the critical issues under which e-commerce operates and the myriads of regulations that have evolved to protect customers and ensure efficiency in the online marketplace.

Subject:: Law; General Law; Social Science
Material Type:: Assessment; Full Course; Lesson; Lesson Plan
Author:: Stephen Haas
Date Added:: 12/11/2019

Medical Malpractice

Medical Malpractice

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This area of law is one of the most lucrative and controversial areas of personal injury law practice. It’s the reason doctors pay such high rates for malpractice insurance, but also the reason patients are protected from preventable injuries during treatment. This is an introductory-level course, though some prior exposure to basic tort and negligence law is helpful.

The course begins with medical malpractice causes of action and the duties owed by medical professionals to their patients. We’ll focus on the duty element of negligence torts by discussing responsibilities to patients and third parties. We’ll also focus on the informed consent requirement for medical treatment, the linchpin of many malpractice actions.

In module 2, we’ll discuss the application of the duty of care and to what standards doctors are held. These standards have changed over time, as has the law’s view on whether the location of the practice is relevant to the expected level of competence. We’ll look at these developments and relevant case law.

Next, we turn to causation. Multiple factors may contribute to an injury and determining which cause is responsible can be complex. We’ll also look at other limitations on malpractice actions including time limitations, contributory negligence and assumption of risk.

In module 4, we’ll turn to litigation considerations. We’ll look the role of the malpractice insurer in the process and at the process for bringing malpractice actions. We’ll also focus on the negotiation process, including common methods of alternative dispute resolution in malpractice cases such as mediation and arbitration.

In our last module, we’ll look at the liability of the healthcare institution for the negligence of providers working in their facilities. We’ll discuss the general rule of respondent superior that makes employers liable for employees’ torts. But we’ll also discuss the cases in which hospitals and clinics can be liable for independent providers who work there as contractors. We’ll also look at alternative sources of liability such as product liability and breach of contract. Finally, we’ll briefly look at medical malpractice reform efforts and some examples of such rules.

Subject:: Law; General Law
Material Type:: Assessment; Full Course; Lesson
Author:: Stephen Haas
Date Added:: 12/11/2019

Legal Considerations in Drug Development

Legal Considerations in Drug Development

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More than 4.7 million Americans work in the pharmaceutical industry and more than 16 million work in healthcare. This course looks at the landscape of how the drug development process is regulated and at some of those most important regulations. Drug development and marketing is, of course, the lifeblood of the pharmaceutical industry.

This is an intermediate-level course and it is recommended for people with some knowledge of rules that relate to drugs, healthcare or pharmaceuticals, but the course can be useful for people with no such background.

The course starts by laying out the process of drug testing and describing the governmental framework that regulates the industry. We also look at the details and impacts of the 21st Century Cures Act, passed in 2016.

Module 2 begins our discussion of promotion and marketing, the other major topic of our course. We’ll focus on the “Bad ad” program and the many federal regulations that seek to ensure that consumers are given only information that is useful and accurate.

Module 3 focuses on drug pricing, including abusive pricing and antitrust issues. We will look at case studies in this regard.

Our last 2 modules look at government steps to relax regulations for drugs that are urgently needed. We will look at the requirements and procedures for expediting drug approval and ways the government seeks to expand access to critical drugs.

We hope that this course will give healthcare workers an understanding of the regulatory world in which they operate and ideas of all of the things they must watch for, especially in marketing and making representations about drugs and healthcare services.

Subject:: Law; General Law
Material Type:: Assessment; Full Course; Lesson Plan; Teaching/Learning Strategy
Author:: Stephen Haas
Date Added:: 12/11/2019