The Law School Toolbox podcast is an entertaining, useful weekly show which can help you make the most of your law school experience. You can always access current podcast episodes on the website or on Apple Podcasts and many other streaming services. And you’ll find a full archive in the Law School Toolbox podcast archive.
Enjoy!
"Listen and Learn" Episodes
- Podcast Episode 215: Listen and Learn - The Commerce Clause We’re introducing a new series of podcast episodes called “Listen and Learn,” where we’re going to review substantive areas of the law and apply some of that law to facts. In this episode, we’re talking about the Commerce Clause.
- Podcast Episode 218: Listen and Learn - Supplemental Jurisdiction (Civ Pro) This is the second episode in our “Listen and Learn” series, where we review legal concepts and apply them to fact patterns. We’re talking about civil procedure — in particular, supplemental jurisdiction.
- Podcast Episode 244: Listen and Learn - Negligence Per Se This is another episode in our “Listen and Learn” series, where we review legal concepts and apply them to fact patterns. Today, we’re talking about negligence per se.
- Podcast Episode 245: Listen and Learn - Promissory Estoppel This is another episode in our “Listen and Learn” series, where we review legal concepts and apply them to fact patterns. Today, we’re talking about promissory estoppel.
- Podcast Episode 248: Listen and Learn - Introduction to Homicide This is another episode in our “Listen and Learn” series, where we review legal concepts and apply them to fact patterns. Today, we’re talking about homicide.
- Podcast Episode 257: Listen and Learn - The "Reasonable Person" Standard This is another episode in our “Listen and Learn” series, where we review legal concepts and apply them to fact patterns. Today, we’re talking about the “reasonable person” standard in Negligence.
- Podcast Episode 259: Listen and Learn - Relevance in Evidence We have another episode in our “Listen and Learn” series. This time we’re focusing on relevance — a very commonly tested Evidence topic.
- Podcast Episode 261: Listen and Learn - The Basics of Hearsay This episode is part of our “Listen and Learn” series, where we review legal concepts and apply them to fact patterns. Today, we’re covering a commonly tested topic from Evidence, and that is hearsay.
- Podcast Episode 263: Listen and Learn - Subject Matter Jurisdiction This is another episode in our “Listen and Learn” series, where we review legal concepts and apply them to fact patterns. Today, we’re focusing on subject matter jurisdiction from Civil Procedure.
- Podcast Episode 265: Listen and Learn - Constructive Eviction This is another installment of our “Listen and Learn” series, where we review legal concepts and apply them to fact patterns. This time we’re talking about a topic from Real Property, and that’s constructive eviction.
- Podcast Episode 267: Listen and Learn - UCC 2-207 ("The Battle of the Forms") As part of our “Listen and Learn” series, we’re discussing Section 2-207 of the Uniform Commercial Code. Join us for a review on why this section is called “The Battle of the Forms” and how it applies between merchants and non-merchants.
- Podcast Episode 271: Listen and Learn - Hearsay Exceptions: Present Sense Impression and State of Mind As part of our “Listen and Learn” series, we take a look at the differences between two highly-tested hearsay exceptions: present sense impression and state of mind.
- Podcast Episode 272: Listen and Learn - The Statute of Frauds (Contract Law) In an episode from our “Listen and Learn” series, we take a look at the Statute of Frauds, or the types of situations that are susceptible to fraud and therefore require a written and signed contract.
- Podcast Episode 280: Listen and Learn - Piercing the Corporate Veil We have another episode in our “Listen and Learn” series, where we review a substantive area of the law and apply that law to fact patterns. This time we’re looking at piercing the corporate veil, which is a commonly-tested issue in Corporations and LLC essays.
- Podcast Episode 281: Listen and Learn - Character Evidence We’re talking about the Federal Rules of Evidence, and how to apply the rules of character evidence to both civil and criminal case hypos.
- Podcast Episode 282: Listen and Learn - Duty of Loyalty (Corporations) We’re talking about the duty of loyalty owed by directors and officers of a corporation, and the main types of conduct they are prohibited to engage in.
- Podcast Episode 285: Listen and Learn - First Amendment (Content-Neutral Restrictions) We’re discussing a popular exam topic from Constitutional Law — the First Amendment. In particular, we’re looking at when, where, and how the government can regulate speech through content-neutral time, place, and manner restrictions.
- Podcast Episode 288: Listen and Learn - Assault and Battery (Torts) We’re discussing the elements of two intentional torts – namely, assault and battery. We also cover specific scenarios demonstrating when these torts can occur.
- Podcast Episode 290: Listen and Learn - Privilege Against Self-Incrimination and Miranda Rights We’re focusing on criminal procedure, specifically two constitutional protections afforded to accused persons by the 5th Amendment – the privilege against self-incrimination, and Miranda rights.
- Podcast Episode 292: Listen and Learn - The Erie Doctrine (Civ Pro) We’re discussing an issue related to civil procedure — the Erie Doctrine. We look at a step-by-step approach for answering questions in this area of the law when they show up on an essay or in a multiple choice question.
- Podcast Episode 295: Listen and Learn - Due Process and Equal Protection (Con Law) As part of our “Listen and Learn” series, we’re talking about an important area of Constitutional Law — the Fourteenth Amendment. Specifically, we take a look at procedural due process, substantive due process, and equal protection.
- Podcast Episode 296: Listen and Learn - Hearsay Exceptions: Government and Business Records We cover two hearsay exceptions — government/public records and business records. You can find more on the topic of hearsay and related exceptions in episodes 261 and 271.
- Podcast Episode 298: Listen and Learn - The Dormant Commerce Clause From our “Listen and Learn” series, we’re focusing on the Dormant Commerce Clause, also known as the Negative Commerce Clause. We previously discussed the Commerce Clause in episode 215.
- Podcast Episode 301: Listen and Learn - The Confrontation Clause In our “Listen and Learn” series, we take a look at the Confrontation Clause. Confrontation Clause issues are commonly tested in Evidence questions in both law school exams and bar exams, almost always alongside hearsay issues.
- Podcast Episode 305: Listen and Learn - Property Crimes We are focusing on criminal law, specifically property crimes. These include robbery, larceny, embezzlement, extortion, burglary, receipt of stolen property, false pretenses, and arson.
- Podcast Episode 306: Listen and Learn - Intentional Torts: Defamation We’re talking about defamation — a topic you might see on a Torts essay along with other intentional torts.
- Podcast Episode 308: Listen and Learn - More Hearsay Exceptions We discuss three hearsay exceptions (statements against interest, statements made for medical diagnosis or treatment, and statements of personal or family history), which all involve someone speaking or writing about him or herself. You can find more on the topic of hearsay exceptions in episodes 271 and 296.
- Podcast Episode 310: Listen and Learn - Adverse Possession We’re talking about adverse possession, which is a commonly-tested issue in Real Property questions on law school exams.
- Podcast Episode 313: Listen and Learn - The Basics of Justiciability (Con Law) In an installment of our “Listen and Learn” series, we’re tackling another Constitutional Law topic — that is justiciability, or the issue of deciding whether a court can make a formal judgment on a legal matter.
- Podcast Episode 315: Listen and Learn - Non-Hearsay From our “Listen and Learn” series, we cover a category of evidence called “non-hearsay,” which is tested often both on Evidence essays and on the MBE.
- Podcast Episode 317: Listen and Learn - Covenants (Real Property) This is another installment of our “Listen and Learn” series, where we review legal concepts and apply them to fact patterns. Today, we’re going to explore covenants, a type of non-possessory interest in someone’s land.
- Podcast Episode 318: Listen and Learn - Negligence: Duties of Professionals and Children In this week’s “Listen and Learn” episode, we take a look at the duty of professionals and the duty of children under Negligence, a sub-topic of tort law.
- Podcast Episode 319: Listen and Learn - Negligence: Duties of Landlords, Owners, and Possessors of Land In today’s episode, we talk about the special duties landowners and land possessors owe to people who enter their land, as well as the duties landlords owe to their tenants. Both are subtopics of Negligence under Tort Law.
- Podcast Episode 321: Listen and Learn - Intervention, Impleader, and Class Action Lawsuits (Civ Pro) We’re focusing more on Joinder, or who can and who must be party to a civil lawsuit. In particular, we look at intervention, impleader (or third-party action), and class actions. We previously covered permissive and required joinder in Bar Exam Toolbox podcast episode 145.
- Podcast Episode 323: Listen and Learn - The Exclusionary Rule (Criminal Law and Procedure) We’re discussing a topic from Criminal Law and Procedure. Join us as we look at the exclusionary rule and Miranda warnings, grounded in the Fourth Amendment.
- Podcast Episode 325: Listen and Learn - The Fourth Amendment: Informer Tips We’re focusing on Criminal Procedure, specifically the Fourth Amendment to the Constitution and the limits it imposes on police actions based on tips from anonymous informants.
- Podcast Episode 326: Listen and Learn - Multiple Hearsay In an episode from our “Listen and Learn” series, we go through a step-by-step approach for analyzing questions involving multiple levels of hearsay.
- Podcast Episode 328: Expert vs. Lay Witness Testimony (Evidence) In our “Listen and Learn” series, we’re discussing the standards for admitting witness testimony, which are found in the rules of Evidence.
- Podcast Episode 330: Listen and Learn - The Sixth Amendment We’re focusing on Criminal Procedure, specifically the Sixth Amendment to the Constitution and the rights and protections it provides to anyone accused of a criminal act.
- Podcast Episode 332: Listen and Learn - Removal (Civ Pro) In our “Listen and Learn” series is from Civil Procedure, specifically removal of a case from state to federal court.
- Podcast Episode 334: Listen and Learn - Standards of Review (Con Law) We’re discussing the different standards of review a court will apply when dealing with questions of constitutionality. You may also hear these referred to as “levels of scrutiny.”
- Podcast Episode 341: Listen and Learn - Contract Defenses we’re talking about contract defenses, including mistake, fraudulent misrepresentation, and non-disclosure. For a refresher on the concepts involved in contract formation, take a look at episode 161 of the Bar Exam Toolbox podcast.
- Podcast Episode 343: Listen and Learn - Personal Jurisdiction (Civ Pro) We're looking at the various ways of establishing whether a court has jurisdiction over the parties in a lawsuit.
- Podcast Episode 344: Listen and Learn - Contract Formation As part of our “Listen and Learn” series, we’re looking at the conditions that have to be satisfied in order to form a valid contract. We’ll review the concepts and illustrate them with two essay questions from previous bar exams.
- Podcast Episode 347: Listen and Learn - Assumption of Risk (Torts) In another “Listen and Learn” episode, we’re focusing on assumption of risk as a defense to negligence in Tort law.
- Podcast Episode 350: Listen and Learn - Privileges and Immunities Clause (Con Law) We’re discussing how to identify and work through Privileges and Immunities Clause issues on a law school exam.
- Podcast Episode 352: Listen and Learn - Best Evidence Rule We’re focusing on an important topic in Evidence – the Best Evidence Rule, which requires a witness to produce the document whose contents he or she is testifying about.
- Podcast Episode 354: Listen and Learn - Expectation and Consequential Damages (Contracts) In an episode from our “Listen and Learn” series, we talk about the two most heavily-tested types of legal remedies for a breach of contract.
- Podcast Episode 355: Listen and Learn - Parol Evidence (Contracts) We’re talking about the parol evidence rule, which governs evidence that parties to a contract dispute can introduce when determining the specific terms of the contract.
- Podcast Episode 356: Listen and Learn - Criminal Law: Warrant Requirements As part of our “Listen and Learn” series, we’re discussing Criminal Procedure, specifically what is needed for a valid search warrant, and the situations in which a warrant is not required.
- Podcast Episode 357: Listen and Learn - Prosecution of a Criminal Trial (Burdens, Presumptions, Sufficiency) From our “Listen and Learn” series, this episode is Criminal Procedure. Specifically, we’re talking about a few topics related to the prosecution of a criminal trial: burden of proof, presumptions, and sufficiency of the evidence.
- Podcast Episode 359: Listen and Learn - Venue (Federal Civil Procedure) We are digging into a commonly-tested exam topic in Federal Civil Procedure – determining proper venue in civil actions.
- Podcast Episode 362: Listen and Learn - The Taxing and Spending Clause (Con Law) We’re discussing the Taxing and Spending Clause of the Constitution, which specifies how Congress can collect taxes and allocate spending.
- Podcast Episode 364: Listen and Learn - State Sovereign Immunity (Con Law) We’re talking about state sovereign immunity, pursuant to the Eleventh Amendment to the U.S. Constitution.
- Podcast Episode 370: Listen and Learn - Freedom of the Press (Con Law) We’re discussing the First Amendment, a big topic in Constitutional Law. Specifically, we’re looking at how far press freedom extends.
- Podcast Episode 377: Listen and Learn - Rule Against Perpetuities (Property Law) We’re going to focus on the definition of the rule against perpetuities, and work through some hypotheticals to break down the elements of the rule.
- Podcast Episode 382: Listen and Learn - Negligence: Proximate Cause We’re discussing Proximate Cause – a subtopic of Negligence in Tort Law.
- Podcast Episode 384: Listen and Learn - The Business Judgment Rule (Corporations) We’re discussing a couple of topics that go hand in hand in Corporations essays – the duty of care and the business judgment rule.
- Podcast Episode 386: Listen and Learn - Federal and State Powers (Con Law) We’re talking about three different topics in Constitutional Law that are sometimes tested together: executive authority, federal preemption, and commandeering. These topics logically go together because they all involve a power struggle between government entities.
- Podcast Episode 388: Listen and Learn - Policy Exclusions (Evidence) We’re talking about evidence that the court may exclude for various public policy reasons under the Federal Rules of Evidence.
- Podcast Episode 390: Listen and Learn - Vicarious Liability (Torts) We’re discussing the circumstances under which a principal is vicariously liable for the unlawful actions of their employees and independent contractors.
- Podcast Episode 392: Listen and Learn - Recording Statutes (Real Property) As part of our “Listen and Learn” series, we’re talking about the purpose of recording statutes, and the recording system more generally.
- Podcast Episode 395: Listen and Learn - Evidence: Special Privileges As part of our “Listen and Learn” series, we’re discussing Evidence, specifically some special forms of privileged communication.
- Podcast Episode 406: Listen and Learn - Defenses to a Crime We’re looking at a few specific defenses in Criminal Law, which – if used successfully – may exonerate a defendant or reduce their punishment.
- Podcast Episode 410: Listen and Learn - Relevance Issues (Evidence) In our “Listen and Learn” series, we’re discussing Relevance — specifically, multiple uses for the same evidence, conditional relevance, and stipulations.
- Podcast Episode 412: Listen and Learn - Motions for Summary Judgment We discuss the procedure for filing a motion for summary judgment, which is how many cases are resolved in court. We illustrate this important topic with several sample questions and answers.
- Podcast Episode 414: Listen and Learn - Criminal Procedure: Stop and Frisk As part of our “Listen and Learn” series, we’re focusing on Criminal Procedure. Specifically, we’re talking about the “stop and frisk” exception to the warrant requirement.
- Podcast Episode 416: Listen and Learn - Service of Process (Civ Pro) As part of our “Listen and Learn” series, we’re talking about service of process – a subject that sometimes sneaks into Civil Procedure exam questions. We’ll discuss the general service of process rules under the Federal Rules of Civil Procedure, as well as the California-specific rules.
- Podcast Episode 417: Listen and Learn - Authentication of Evidence As part of our “Listen and Learn” series, we’re discussing the rules around authentication of evidence, which comes into play when you’re dealing with physical or documentary evidence.
- Podcast Episode 418: Listen and Learn - Criminal Procedure: Miranda Warnings From our “Listen and Learn” series, we go through an attack plan for how you might approach a Miranda issue on an exam question, and look at specific rules you’ll want to address in your answer.
- Podcast Episode 435: Listen and Learn - Amendments to Pleadings (Civ Pro) In our “Listen and Learn” series, we’re discussing the Federal Rules of Civil Procedure – more specifically Rule 15, which deals with the instances in which a party can amend their pleading.
- Podcast Episode 444: Listen and Learn - Property-Based Intentional Torts In an episode from our “Listen and Learn” series, we’re discussing property intentional torts and their specific defenses.
- Podcast Episode 464: Listen and Learn - Partnership Formation From our “Listen and Learn” series, we cover the formation and characteristics of three types of partnerships – general partnership, limited partnership, and limited liability partnership. To illustrate these concepts, we also analyze two questions from previous California bar exams.
- Podcast Episode 466: Listen and Learn - Concurrent Estates (Property) As part of our “Listen and Learn” series, we’re talking about concurrent ownership of property. For a discussion on the related topic of present and future estates, you can check out episodes 250 and 251 of the Bar Exam Toolbox podcast.
- Podcast Episode 482: Listen and Learn - Assault and Battery (Crim Law) We’re discussing substantive Criminal Law, specifically the crimes of assault and battery. We covered these topics as elements of Tort Law in Episode 288.
- Podcast Episode 487: Listen and Learn - Consideration (Contract Law) In an episode from our “Listen and Learn” series, we’re discussing an important concept from Contract Law – consideration – which is one of the three requirements of contract formation.
- Podcast Episode 495: Listen and Learn - Partnership Liability This is the second installment of our episodes on partnerships. Previously, we covered the creation of the three main types of partnerships – general partnerships, limited partnerships, and limited liability partnerships. Today we will focus on the power and liability of partners in a partnership.
- Podcast Episode 497: Listen and Learn - Incidental, Reliance, and Restitution Damages (Contracts) We’re expanding on the topic of legal remedies for breach of contract, which we started covering in Episode 354. This time we look at the rules governing incidental, reliance, and restitution damages and apply the law to two fact patterns.
- Podcast Episode 501: Listen and Learn - Present and Future Estates (Part 1) We’re diving into a topic from Property Law — Present and Future Estates. Specifically, we discuss the default property interest, the fee simple absolute and defeasible fees, along with the corresponding future interests.
- Podcast Episode 503: Listen and Learn - Present and Future Estates (Part 2) We’re diving into the second part of our discussion on present estates and future interests. Previously, we reviewed the default property interest, the fee simple absolute, and defeasible fees. In this episode we’re covering life estates, reversions, and remainders.
- Podcast Episode 504: Listen and Learn - Motions for Judgment as a Matter of Law and Motions for New Trial (Civ Pro) In this week’s episode, we’re focusing on a topic from Civil Procedure — specifically, motions for judgment as a matter of law and motions for new trial, where the moving party is asking the court to take certain issues away from the jury.
- Podcast Episode 508: Listen and Learn — Third-Party Rights in Contracts (Part 1 – Rules) This is the first episode of a two-part discussion of third-party rights in contracts. Today we focus on assignments and delegations, starting with the basic definitions and the specific rules governing them, and then applying these concepts to some practical scenarios.
- Podcast Episode 509: Listen and Learn — Third-Party Rights in Contracts (Part 2 – Beneficiaries) This is the second episode of a two-part discussion of third-party rights in contracts. Last time we covered assignments and delegations, and today we focus on third-party beneficiaries.
- Podcast Episode 511: Listen and Learn — Landlord/Tenant Law (Part 1) In this episode from our "Listen and Learn" series, we discuss the essentials of leaseholds in landlord/tenant law. We cover the different types of leasehold estates, as well as the obligations of tenants and landlords, and we analyze a sample question.
- Podcast Episode 512: Listen and Learn — Landlord/Tenant Law (Part 2) – Assignments and Subletting This is the second part of our discussion on landlord/tenant law. In this episode, we focus on the differences between lease assignment and subletting.
- Podcast Episode 514: Listen and Learn — Discovery (Civ Pro) Today, we're discussing the following topics related to discovery: motions to compel, interrogatories, and physical/mental examinations.
- Podcast Episode 516: Listen and Learn — Elements of a Crime As part of our "Listen and Learn" series, today we're focusing on the basics of Criminal Law – that is, the elements of a crime.
- Podcast Episode 519: Listen and Learn — False Imprisonment and Shopkeeper’s Privilege (Torts) We're discussing torts – specifically, the intentional tort of false imprisonment and the associated defense, shopkeeper's privilege.
- Podcast Episode 523: Listen and Learn — Negligence: Factual Causation Today we're focusing on the topic of Negligence. In particular, we're talking about the different ways in which factual causation can be proved.
- Podcast Episode 527: Listen and Learn — Excuses for Non-Performance of a Contract We're discussing three excuses for non-performance of a contract we'll look at are: impossibility, impracticability, and frustration of purpose.
- Podcast Episode 530: Listen and Learn — Criminal Procedure: Identifications (Part 1) We're talking about the rules and timing of the different types of criminal identification procedures. This is Part 1 of a two-part episode.
- Podcast Episode 532: Listen and Learn — Criminal Procedure: Identifications (Part 2) This episode continues the discussion on criminal identification procedures, focusing on potential due process violation issues.
- Podcast Episode 535: Listen and Learn — Public and Private Nuisance Today, we’re talking about nuisances (public and private).
- Podcast Episode 536: Listen and Learn — UCC Expectation Damages (Contracts) In this episode, we're talking about the expectation damages of sellers and buyers of goods under Article 2 of the Uniform Commercial Code (UCC).
- Podcast Episode 539: Listen and Learn — Impeachment (Part 1) We're focusing on the topic of Evidence. Specifically, we're discussing character impeachment – that is, discrediting the credibility of a witness.
- Podcast Episode 540: Listen and Learn — Self-Defense and Defense of Others
- Podcast Episode 541: Listen and Learn — Injunctions and Restraining Orders (Civ Pro) As part of our "Listen and Learn" series, we're discussing the concept of injunctive relief (Federal Rules of Civil Procedure Rule 65).
- Podcast Episode 542: Listen and Learn — Negligent Infliction of Emotional Distress (Torts) This episode outlines the four specific situations in which a plaintiff can recover for emotional harm caused by another's negligence.
- Podcast Episode 547: Listen and Learn — Duties to the Tribunal (Professional Responsibility) We're discussing ABA's Model Rule of Professional Conduct 3.3, which governs truth telling to the tribunal.
- Podcast Episode 551: Listen and Learn — Warranties and Disclaimers Under the UCC (Contracts) We're discussing contract law – specifically, warranties and the disclaimer of warranties under the UCC.
- Podcast Episode 555: Listen and Learn — The Breach Element of a Negligence Claim (Torts) We're discussing the different methods a plaintiff may use to establish the second element of a negligence claim -- breach.
- Podcast Episode 568: Listen and Learn — Strict Liability: Animals and Dangerous Activities (Part 1) This is Part 1 of a two-part series on strict liability as it relates to animals (both wild and domestic), as well as certain super dangerous activities.
- Podcast Episode 569: Listen and Learn — Strict Liability: Animals and Dangerous Activities (Part 2) This is Part 2 of a two-part series on strict liability as it relates to animals (both wild and domestic), as well as certain super dangerous activities.
- Podcast Episode 570: Listen and Learn — Crimes Against the Person (Part 1) We're discussing the elements of four crimes against the person – assault, battery, false imprisonment, and kidnapping.
- Podcast Episode 571: Listen and Learn — Crimes Against the Person (Part 2) We're analyzing hypothetical scenarios involving crimes against the person – assault, battery, false imprisonment, and kidnapping.
- Podcast Episode 572: Listen and Learn — Felony Murder and Causation (Criminal Law) We’re exploring some complex aspects of criminal law that frequently appear on exams — the felony murder rule and causation in homicide cases.