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Law to Fact

Professor Leslie Garfield Tenzer

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Law to Fact is the renown podcast for law students where substantive legal issues are discussed with distinguished law professors from across the nation. Today, it is the go to place for all things law including course material, application tips, study strategies, and career advice—all packed into one podcast. Law to Fact is hosted by Professor Leslie Garfield Tenzer of the Elisabeth Haub School of Law at Pace University.
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Law School

The Law School of America

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The Law School of America podcast is designed for listeners who what to expand and enhance their understanding of the American legal system. It provides you with legal principles in small digestible bites to make learning easy. If you're willing to put in the time, The Law School of America podcasts can take you from novice to knowledgeable in a reasonable amount of time.
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Crime and the Courtroom is a unique and stimulating examination of the American criminal justice system for the authorities and supporting professionals who make criminal justice possible. We turn an observant eye toward the system’s evolving capacity to strike the delicate balance between preserving the quality of life of our citizens and protecting the rights of the accused. Hosted by one of the most respected and influential forensic experts in the United States, John M. Collins and his g ...
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show series
 
The purpose of personal jurisdiction is to ensure that a court has the authority to compel a defendant to appear and litigate in a particular forum. This authority is constitutionally grounded in the Due Process Clause of the Fourteenth Amendment, which requires that a defendant have sufficient connections with the forum state. General personal jur…
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This lecture provides a foundational overview of intentional torts, which require a volitional act and specific intent to cause harm or offensive contact, distinguishing them from negligence. It meticulously defines core intentional torts such as battery, assault, false imprisonment, intentional infliction of emotional distress, trespass to land, t…
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Elements of a Crime: A crime generally has two components: the actus reus, the physical or external part, and the mens rea, the mental or internal feature. The actus reus generally includes a voluntary act that causes social harm. Causation links the voluntary act to the social harm. The requirement of a voluntary act is generally an implicit eleme…
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A justification defense claims that the defendant's conduct was lawful under the circumstances, while an excuse defense concedes the wrongfulness of the act but argues the defendant should not be held criminally responsible. An example of justification is self-defense; an example of excuse is insanity. The core elements of self-defense include an a…
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John and Producer Dave are back from a high after John turned 2,000 revellers up to eleven with his problematic walk in music. Elis has questions but Robins simply adds so much value to live events. And he’s been adding his own energy to another live event - that of the singles night variety. And he sure did set the vibe by diving straight in with …
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This lecture provides a comprehensive overview of defenses to criminal liability, categorizing them into justifications, where the act is deemed lawful, and excuses, where responsibility is negated due to factors like incapacity or coercion. It explores specific justification defenses such as self-defense and necessity, and excuse defenses includin…
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Inchoate offenses are "incomplete" crimes that involve steps taken toward committing another crime, even if the final harmful result never occurs. The three main types discussed are attempt, solicitation, and conspiracy. The two primary elements required for attempt are the intent to commit a specific crime and an overt act that constitutes a subst…
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This lecture on criminal law explores the crucial concepts of inchoate offenses, which are incomplete crimes like attempt, solicitation, and conspiracy. It then transitions to specific crimes against persons, such as varying degrees of homicide, assault, battery, kidnapping, and rape, detailing their distinct elements. Finally, the lecture examines…
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You’ve probably heard it whispered on the train on your way into work. You’ve likely heard mutterings about it on the concourse at the football. And you’ve almost certainly heard your grandma claim it at Sunday dinner. Well, this episode confirms the rumours; no one else is doing this. Especially if by ‘this’ you mean an extensive chat about spare …
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The primary objectives of criminal law include deterrence (general and specific), incapacitation, retribution, rehabilitation, and defining societal norms. Unlike civil law, which aims to compensate a wronged party, criminal law operates on behalf of the state to prosecute and punish wrongful acts in the communal interest. Felonies are typically pu…
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Nancy La Vigne is the Dean of the Rutgers School of Criminal Justice, based at the campus in Newark, New Jersey. In this episode of Crime and the Courtroom, John Collins and Dr. La Vigne discuss her new responsibilities at Rutgers, as well as contemporary priorities in criminal justice research, technology, and education. Dr. La Vigne also shares h…
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This lecture note from a criminal law course introduces fundamental concepts necessary for understanding criminal liability. It explores the purposes of criminal law, including deterrence and retribution, and classifies crimes based on severity and inherent wrongfulness. The note further details the essential elements of a crime, specifically the p…
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The Seventh Amendment guarantees the right to a jury trial in federal civil cases for legal claims, primarily those seeking monetary damages (e.g., torts, contract breaches), as opposed to equitable remedies like injunctions or specific performance. Voir dire is the process of questioning potential jurors to ensure an impartial jury. Challenges for…
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We join our heroes during a telling off session, because someone is being a naughty boy. Has John eaten too much chocolate on the way in and he’s about to experience the mother of all choco crashes? Has Elis insisted that we scrap the proposed running order to talk instead about every conceivable permutation of the Nations League? Or could Producer…
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This lecture provides a thorough overview of the concluding phases of federal civil litigation, starting with the fundamental right to a jury trial and the selection process. It then details the structured progression of a trial, including opening statements, presentation of evidence, closing arguments, and jury instructions. The lecture further ex…
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The primary purpose of discovery is for parties to exchange information and evidence before trial, ensuring fairness and preventing "trial by ambush" by requiring both sides to have access to relevant facts and witnesses. The three key elements are relevance to a party's claim or defense, non-privileged matter, and proportionality to the needs of t…
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This lecture provides an overview of key pretrial procedures in civil litigation, focusing on discovery, case management, and summary judgment. Discovery is explained as the formal process for exchanging information and evidence between parties to prevent trial surprises. The lecture details various discovery tools, such as depositions and interrog…
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Acceptance is the word on everybody’s lips today, but it has different meanings for Elis and John. For John it’s a meaningful form of accepting things as they are in life. For Elis it’s about accepting that his wife Isy will never be interested in the Nations League. Both are valid, I'm sure you'll agree. Also getting in on the acceptance game is t…
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Short-Answer Quiz What is the fundamental purpose of personal jurisdiction, and what constitutional provision provides its basis? Personal jurisdiction ensures a court has the authority to compel a defendant to appear and litigate in the forum. Its constitutional basis lies in the Due Process Clause of the Fourteenth Amendment, preventing individua…
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This lecture on federal civil procedure outlines the initial stages of litigation. It begins by explaining jurisdiction, focusing on the court's power over parties (personal jurisdiction) and the types of cases it can hear (subject matter jurisdiction). The discussion then moves to venue, detailing where a case should be properly filed for trial. T…
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The two core elements for intrusion upon seclusion are: (1) the defendant intentionally intruded, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns; and (2) the intrusion would be highly offensive to a reasonable person. Physical intrusion involves a tangible invasion of a private space, such as b…
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PRIVACY TORTS — INTRUSION, APPROPRIATION, AND FALSE LIGHT American tort law recognizes a set of privacy torts designed to protect individuals from unjustified invasions into their personal lives. These include intrusion upon seclusion, appropriation of name or likeness, and false light, each addressing different forms of harm. Intrusion upon Seclus…
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Elis and Producer Dave are fresh from taking breaths of the night DJ’ing. The only two people on planet Earth to become hipper as they age. But Mixmag has it that Elis spent most of it seated. Because that’s what the top DJs do. Harris, Tong, Guetta, all from a seated position whilst sucking on Werther’s Originals. Yes Elis got a little bit tired b…
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The objective theory of contracts states that a party's intention to enter into a contract is judged by outward, objective manifestations (words and conduct) as interpreted by a reasonable person in the offeree's position, rather than the party's secret, subjective intentions. This differs from a purely subjective approach, which would focus on wha…
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Contract Law Fundamentals – Formation, Enforceability, and Performance This lecture provides a comprehensive overview of contract law, a core subject in both law school and bar exam preparation. It examines how legally enforceable agreements are formed, what makes them valid or voidable, how obligations are performed or breached, and what remedies …
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Estoppel is a legal principle that prevents a party from asserting a claim or fact that contradicts a previous statement or agreement. Its primary goal is to ensure fairness and consistency in legal proceedings by preventing parties from deceiving or harming others who have relied on their earlier representations. Estoppel originated in the early e…
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John’s managed to pick himself up after last Friday’s show. Well to a certain degree at least - thank the lord. But the collective vibe scale is nudged handsomely towards ‘winning’ as Elis has had one of his all time great days. Cycling? Check. Wales? Check. All time hero who laughs at every single one of his jokes? Check. So it’s all the fun of th…
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This lecture explores the legal doctrine of estoppel, a principle that prevents a party from asserting a position that contradicts one they previously took, especially when another party has relied upon that initial position to their detriment. Rooted in fairness and justice, estoppel doctrines aim to uphold consistency and prevent parties from act…
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In this episode, John Collins builds on the themes and recommendations covered in episode 87, with regards to forensic laboratory accreditation and its strengths and limitations. Seven policy priorities are discussed to help forensic science laboratories, their parent agencies, and their jurisdictions prevent instances of catastrophic misconduct be…
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"Res judicata" literally means "a matter judged." The fundamental principle it represents is that parties are precluded from re-litigating claims or issues that have already been resolved by a final judgment from a court with proper authority. Claim preclusion bars the reassertion of the same cause of action between the same parties after a final j…
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Res Judicata – Claim and Issue Preclusion Res judicata is a doctrine in civil procedure that prevents parties from re-litigating matters that have already been finally decided in previous judicial proceedings. It encompasses two primary sub-doctrines: claim preclusion and issue preclusion, also known as collateral estoppel. Claim Preclusion Claim p…
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Key Themes and Important Ideas: 1. Foundational Importance: The presumption of innocence is presented as a "vital safeguard that underpins the entire criminal justice system" and "serves as the bedrock of our legal protections." It ensures that "the burden remains on the state to prove its case and that no person is punished without a clear, eviden…
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We’ve hit a low ebb. The show which won Best Entertainment Podcast at the British Podcast Awards just a few years ago is dredging the bottom of the barrel. That new low being production staff researching their credit scores ‘live’ on the show. Throw in a chat with an expert on credit ratings and it’s a wall to wall credit ball. And at such an ebb o…
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In this in-depth lecture, we journey through the evolution of the presumption of innocence—a cornerstone of criminal law that insists an accused is innocent until proven guilty beyond a reasonable doubt. We explore its historical origins, its enshrinement in constitutional and international human rights frameworks, and its practical application in …
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Main Themes and Important Ideas: 1. Definition and Core Principle: Sovereign immunity is a legal doctrine stating that the state (or sovereign) cannot be sued without its consent. It is rooted in the historical maxim "the king can do no wrong," reflecting the idea of the sovereign's immunity from legal liability in their own courts. The doctrine ha…
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In this in-depth lecture, I unpack the doctrine of sovereign immunity—its historical origins, constitutional foundations, and practical implications for modern litigation. Join me as I explore how this principle evolved from the age-old maxim "the king can do no wrong" to its contemporary role in balancing governmental accountability with protectio…
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Huge news in Elis and John towers today, for Producer Dave bumped into the man, the myth, the Solero supper himself, Mr Tim Davie. Could he use this opportunity to pitch a brand new true crime podcast about dupes from Stockport who get sold fake shoes? Well that commission’s ripe for the taking if there’s a Magnum that goes the other way. Alongside…
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I. Discovery: The Cornerstone of Fact-Finding The lecture begins by establishing discovery as a critical, foundational stage in civil litigation, going beyond a mere preliminary step. Key Ideas: Fact-Finding and Transparency: Discovery is the "fact‐finding stage where both parties exchange information to ensure that each side has access to the fact…
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In this comprehensive lecture, we dive deep into the discovery process—a cornerstone of civil litigation. Join me as we break down the essential elements of discovery, from mandatory initial disclosures and depositions to interrogatories, requests for production, and the evolving realm of e-discovery. This session highlights the strategic importanc…
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This is an overview and summary of trusts and estates law, focusing on the creation and types of trusts, trustee duties, probate and estate administration, tax planning, and wills/intestacy. Trusts are a way to manage assets during life and after death. A trust requires a settlor, trustee, beneficiaries, intent, and trust property. Trusts can be re…
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Probate is a court-supervised process used to authenticate a decedent’s will, appoint a personal representative, gather assets, pay debts, and distribute remaining assets to heirs or beneficiaries. The process varies in duration, cost, and complexity. Key steps include initiating the case, court review and appointment of a representative, gathering…
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The sun is shining, blossom is blooming and death and divorce are on the lips. Oh the joys of spring. For how is John going to bid farewell when he and his wheels go off to the great scrapheap in the sky? And how does the statistical likelihood of marriage breakup impact the need to draw cold hard financial lines in the sand? It’s all cheery stuff …
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Probate is a court-supervised process that authenticates a decedent’s will, appoints a personal representative, and oversees the gathering of assets, payment of debts, and distribution of remaining assets to heirs or beneficiaries. The probate process can vary in duration, cost, and complexity depending on the size of the estate, the clarity or val…
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In this episode of The Legal Minute, we tackle one of the most dreaded topics in property law — the Rule Against Perpetuities — and break it down in plain English. You’ll learn why the law limits how long someone can control property from beyond the grave, and what that confusing legal phrase “life in being plus twenty-one years” really means. We’l…
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This legal lecture provides a structured overview of trusts and estates law, specifically focusing on the creation of trusts and the duties of trustees. It begins by outlining the five essential elements required to establish a valid trust, including a capable settlor, a trustee, identifiable beneficiaries, the intent to create a trust, and trust p…
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n this episode of The Legal Minute, we break down one of the most common misconceptions in tort law — the difference between assault and battery. You’ll learn how the law distinguishes between a mere threat that creates fear and the actual act of harmful or offensive contact. Through simple, relatable examples, I’ll explain how someone can commit a…
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Trusts serve as highly adaptable arrangements for managing and distributing assets, both during a settlor’s lifetime and after death. This lecture opens by outlining the five key elements that define a valid trust. First, there must be a capable settlor who consciously decides to create a trust and who possesses the requisite capacity to execute th…
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Palin, Chalmers, Livingstone… Robins(?!). Yes, gliding into the show today is one of Britain’s greatest travellers. An adventurer unequalled in the 21st century. Because John has been on his once per 9 months short haul trip. Naples has experienced Robins, and he it. With such pizza consumption and the undoubted oscillation between ‘hungry’ and ‘fu…
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This lecture introduces the fundamental purpose of a will within the context of trusts and estates law. It explains that a will is a legally binding document outlining how a person's assets should be distributed after their death, covering aspects like property inheritance, guardianship of minors, and executor selection. The lecture contrasts this …
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This lecture introduces the foundational principles of wills and intestacy law. It explains that a will is a legal document allowing individuals to direct the distribution of their assets and name guardians for minors after death. The lecture outlines typical state requirements for valid wills, such as signatures and witnesses, and discusses altern…
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