In this week’s episode, we delve into key concepts in Criminal Procedure, focusing on the Fourth Amendment of the U.S. Constitution, which safeguards individuals from unreasonable searches and seizures. We also explore the Exclusionary Rule, a critical doctrine that bars evidence obtained in violation of a defendant's constitutional rights from being used in court. Join us as we examine landmark cases that have shaped these principles, including Wolf v. Colorado (1949), Mapp v. Ohio (1961), U...
In this episode, we explore what constitutes an unreasonable search and seizure under the Fourth Amendment. We dive into landmark cases that have shaped the boundaries of privacy expectations, property rights, and law enforcement limitations. Key rulings such as Katz v. United States (1967), California v. Greenwood (1988), Florida v. Riley (1989), United States v. Jones (2012), Carpenter v. United States (2018), Florida v. Jardines (2013), United States v. White (1971), Torres v. Madrid (2021...
This episode examines the evolution of probable cause standards and their impact on Fourth Amendment protections against unreasonable searches and seizures. The rigid Aguilar-Spinelli test, which required proof of an informant’s knowledge and reliability, was replaced by the more flexible totality of the circumstances approach established in Illinois v. Gates. This standard allows courts to consider corroborated details and the overall context when evaluating probable cause. Tennessee adopted...
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: Challenging Warrant Affidavits:Franks v. Delaware (1978) introduced t...
Criminal Procedure Mid-Term Recap I. Introduction This document outlines core criminal procedure principles, focusing on the U.S. and Tennessee constitutions, especially the 4th and 5th Amendments. It highlights key stages from pre-trial rights to search laws, noting the interplay between individual rights and law enforcement, as well as differences between federal and state law, with Tennessee often offering greater protections. II. Constitutional Foundations Federal vs. State Law: U.S. Cons...
In this episode, we dive into the principles of Negligence and Causation, exploring how they interplay in the legal system. Using the Tennessee case, Kilpatrick v. Bryant (1993) as a lens, we analyze the key elements of negligence and unpack the complexities of establishing causation in a legal context. Introductory Music for American Law Cafe. In Jazz Short by moodmode / Vlad Krotov. Support the show 🎶 Intro Music: "In Jazz Short" by moodmode / Vlad Krotov 📚 Content...
In this episode, we unpack intentional torts with a focus on battery, assault, intentional infliction of emotional distress, and false imprisonment. We break down key legal elements, explore defenses like consent and self-defense, and discuss the doctrine of transferred intent. Additionally, we dive into Tennessee-specific laws on damages, covering compensatory and punitive damages, loss of consortium, and statutory caps. We also examine statutes of limitations and repose in medical malpracti...
This episode breaks down Tennessee’s statutes of limitations and repose, focusing on how they apply to medical malpractice and product liability cases. We explore the “discovery rule,” which determines when the clock starts for filing claims, and how fraudulent concealment can extend deadlines in malpractice cases. In product liability, we examine the strict statute of repose, which sets a firm deadline for lawsuits regardless of when an injury is discovered. Through key Tennessee Supreme Cou...
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 trespassing is crucial, the importance of specific hazards, and ...
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 harm, and comparative fault to assess liability.Independent Cont...
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: Negligence Elements: Proving negligence requires showing a duty of care, breach of that duty, causation (both actual and proximate), and resulting damages.Medical Malpractice: Tennessee law mandates expert testimony to define the standard of care and assess devia...
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 behavior, as adulthood removes the parental duty to supervise.Negligen...
In this episode, we explore key legal principles surrounding the duty to act reasonably and the evolving scope of negligence law. Highlights include: Duty to Act Reasonably: A legal duty to act arises only under specific circumstances, creating potential liability in negligence cases.Negligent Infliction of Emotional Distress (NIED): We discuss the shift from the "Zone of Danger" test to the broader Camper v. Minor standard, which allows plaintiffs to recover for emotional distress with serio...
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 factor.Pittman v. Upjohn Co. (1994): Affirmed the "learned intermediary doctri...
🎙️ 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 Hataway v. McKinley and Shadrick v. Coker.Intentional Torts: Explore battery...
🎙️ 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 Res Ipsa Loquitur ("the thing speaks for itself") and its applica...
🎙️ Podcast Post: Exploring Duty and Liability in Tennessee Alcohol-Related Cases This episode dives into Tennessee law on negligence, duty of care, and liability in alcohol-related accidents. We unpack landmark cases that define the responsibilities of employers, passengers, commercial vendors, social hosts, and even gasoline suppliers when their actions contribute to harm caused by intoxicated individuals. Key Topics Covered: Negligence and Duty of Care: Understanding when a duty exists and ...
In this episode, we cover key aspects of Tennessee tort law, focusing on: The shift from contributory negligence to modified comparative fault (49% rule) 📉Key defenses like assumption of risk 🛡️, negligence per se, and the last clear chance doctrine ⏳Premises liability 🏠 and employer liability 👔Exculpatory agreements and their enforceability ⚖️The role of the jury in negligence cases 👩⚖️👨⚖️Tune in to understand how Tennessee courts balance fairness, foreseeability, and reasonableness in neg...
📚 Episode Summary: In this power-packed episode of American Law Café, we walk you through the entire landscape of tort law—perfect for 1Ls prepping for finals or anyone needing a comprehensive refresher. From the building blocks of intentional torts to the complexities of strict liability and products liability, this episode simplifies everything you need to know—organized in the same format your professors expect. We cover: The core elements of battery, assault, false imprisonment, IIED, tr...
📚 Episode Summary: It’s finals season, and we’ve got your 1L torts essay prep covered. In this episode of American Law Café, we walk through five realistic essay-style fact patterns, each one modeled after the types of questions you're likely to see on your 1L torts final. From intentional torts and emotional distress to comparative fault and assumption of risk, these examples are designed to help you sharpen your issue-spotting, structure clear IRAC answers, and master the rules that matter...