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Episodes
- S1 E1 - Litigation and the American Legal SystemSeptember 21, 201732minUse a 1963 Supreme Court case, Gideon v. Wainwright, as a window into the relationship between litigation and the American legal system. You'll explore why we adopted this particular system, how it works, and why we teach law in America the way we do.Free trial of The Great Courses Living or buy
- S1 E2 - Thinking like a LawyerSeptember 21, 201730minTo think like a lawyer, you have to approach legal doctrine actively and critically. Here, Professor Shadel teaches you how to read cases with an eye for particular concepts every good lawyer must keep in mind, including the role of precedent, inductive and deductive reasoning skills, and the use of analogies.Free trial of The Great Courses Living or buy
- S1 E3 - Representing Your ClientSeptember 21, 201731minAll lawyers have responsibilities to their clients and to the integrity of the justice system. But what are the bounds of a lawyer's responsibility in representing a client? What's confidential and what's not? For answers to these and other questions, consider challenges arising in the State of Florida v. George Zimmerman.Free trial of The Great Courses Living or buy
- S1 E4 - Trial Strategy behind the ScenesSeptember 21, 201730minContinuing with the case of George Zimmerman, explore the intricate nature of trial strategy that takes place away from the jury's eyes. Learn how lawyers operate before a trial, and how a jury is selected. Also, examine how media coverage impacts what happens inside (and outside) the courtroom.Free trial of The Great Courses Living or buy
- S1 E5 - Opening Statements: The Moment of PrimacySeptember 21, 201731minA powerful opening statement requires many things: credibility, persuasion, logic. Using the George Zimmerman and O.J. Simpson trials as case studies, go inside the (sometimes tricky) art of crafting palpable opening statements that grab the jury's attention and leave it eager to hear the testimony to come.Free trial of The Great Courses Living or buy
- S1 E6 - Direct Examination: Questioning Your WitnessSeptember 21, 201729minDirect examination has been popularized by countless TV crime dramas. But how does it work in a real courtroom? Learn how lawyers figure out whom to put on the witness stand, what questions they should ask, and how to prepare witnesses for their day in court.Free trial of The Great Courses Living or buy
- S1 E7 - The Art of ObjectionSeptember 21, 201729minDuring a trial, any lapse in a lawyer's attention could be extremely costly. Enter the task of voicing objections. Here, look at some of the most common types of evidentiary issues that might call for objections and learn why lawyers get only one shot at raising one.Free trial of The Great Courses Living or buy
- S1 E8 - Problematic EvidenceSeptember 21, 201730minWhy are innocent people sometimes convicted of crimes they didn't commit? Often, it's because a jury is persuaded by problematic evidence. How do lawyers navigate these troubled legal waters? Investigate three of the most important kinds of flawed evidence: false confessions, mistaken eyewitness identification, and flawed "expert" evidence.Free trial of The Great Courses Living or buy
- S1 E9 - Controlling Cross-ExaminationSeptember 21, 201730minExplore how lawyers cross-examine a witness without losing control, without eliciting unexpected answers, and without offending the jury. Along the way, you'll learn tips for effective cross-examination, study the cross-examination skills of renowned civil and criminal defense attorney Roy Black, and learn about the process of conducting impeachments.Free trial of The Great Courses Living or buy
- S1 E10 - Closing Arguments: Driving Your Theory HomeSeptember 21, 201729minClosing arguments are a chance for lawyers to connect all the dots for the jury. Study one powerful example of a successful closing argument: Johnnie Cochran's on behalf of O.J. Simpson. Then, consider some of the things a lawyer shouldn't do when closing a case.Free trial of The Great Courses Living or buy
- S1 E11 - Understanding the Appellate ProcessSeptember 21, 201730minWhen people criticize the United States as an overly litigious society, they're often referring to its system of appellate review. How, exactly, do appellate courts operate? How do lawyers file appellate briefs or make oral arguments for an appeal? Professor Shadel helps you make sense of the appellate process.Free trial of The Great Courses Living or buy
- S1 E12 - Arguing before the Supreme CourtSeptember 21, 201734minA case argued before the Supreme Court of the United States is one of great significance. First, consider the history and evolution of the Supreme Court over the centuries. Then, using Citizens United v. FEC, gain insights into how political and ideological dynamics within the Court affect the cases brought before it.Free trial of The Great Courses Living or buy
- S1 E13 - Who Defines Crimes, and How?September 21, 201736minTo understand how criminal law works, you first have to understand what a crime is. What are the purposes of criminal law? Why is textualism so important to distinguishing the bygone era of common-law crimes from those of the 21st century? Who are the key players involved in defining a crime?Free trial of The Great Courses Living or buy
- S1 E14 - Crime and the Guilty MindSeptember 21, 201731minExplore the fundamental requirement of mens rea, or the guilty mind. Topics here include: how criminal intent is traditionally defined, the relationship between malice and motive, what happens when a defendant claims to lack a guilty mind, and the concept of criminal liability without fault (known as strict liability).Free trial of The Great Courses Living or buy
- S1 E15 - Homicide and Moral CulpabilitySeptember 21, 201732minHomicides, according to Professor Hoffmann, are unique among crimes. Examine the pyramid of homicidal crimes, including involuntary manslaughter, second-degree murder, and first-degree murder. Also, consider several real-world examples that highlight the issue of culpability in homicide, including the case of Dr. Jack Kevorkian's assisted suicides.Free trial of The Great Courses Living or buy
- S1 E16 - The Law of Self-DefenseSeptember 21, 201731minTurn to self-defense and get a better understanding of how criminal law tries to balance between the rights of the threatened and those who are threats. Along the way, consider issues including "the retreat doctrine," the "battered spouse syndrome," "stand your ground" laws, and the use of deadly force by the police.Free trial of The Great Courses Living or buy
- S1 E17 - Federal Crimes and Federal PowerSeptember 21, 201734minThe U.S. federal government might be the most powerful government in the world - but it's power to prohibit and punish crimes is relatively constrained. Professor Hoffmann reveals the important distinctions in scope, meaning, and effect between state criminal law and federal criminal law in the United States.Free trial of The Great Courses Living or buy
- S1 E18 - Cruel and Unusual PunishmentsSeptember 21, 201734minPore over the "cruel and unusual punishments" clause of the Eighth Amendment in search of why the Supreme Court has had so much trouble applying this provision to real-world criminal cases. By the end, you'll realize why the Eighth Amendment is considered by some legal experts to be a constitutional enigma.Free trial of The Great Courses Living or buy
- S1 E19 - Due Process and the Right to CounselSeptember 21, 201733minPowell v. Alabama, better known as the Scottsboro case, is one of the most important in the history of American criminal procedure law. Where did the Supreme Court find the legal authority to force states to provide all criminal defendants, regardless of race or economic station, with fundamental rights?Free trial of The Great Courses Living or buy
- S1 E20 - Government Searches and Privacy RightsSeptember 21, 201733minIn the first look at the Fourth Amendment, go inside the fascinating history behind the topic of government searches and privacy rights. You'll consider the scope of the Fourth Amendment, learn what defines "search" and "seizure," and ponder the role of modern technology in affecting how the Fourth Amendment works.Free trial of The Great Courses Living or buy
- S1 E21 - The Shrinking Warrant RequirementSeptember 21, 201733minContinue looking at the Fourth Amendment. How do search warrants work? Can police enter a home without a warrant? Topics include the exclusionary rule, which provides that evidence seized in violation of the Fourth Amendment be excluded from criminal prosecutions, and the vague standard of "probable cause."Free trial of The Great Courses Living or buy
- S1 E22 - The Fifth Amendment PrivilegeSeptember 21, 201734minAccording to the Fifth Amendment, "no person...shall be compelled to be a witness against himself." Examine the history of this core aspect of the Bill of Rights. Learn how the amendment works in and out of court, how the privilege has become subject to compromises over time, and what "pleading the fifth" actually requires.Free trial of The Great Courses Living or buy
- S1 E23 - Miranda and Police InterrogationsSeptember 21, 201733min"You have the right to remain silent." These are perhaps the most famous words in American criminal justice. Investigate the historical and legal background of the Supreme Court's 1966 Miranda decision. Professor Hoffmann builds his discussion around two key issues at the heart of this still-controversial decision.Free trial of The Great Courses Living or buy
- S1 E24 - Plea Bargains, Jury Trials, and JusticeSeptember 21, 201736minNinety-percent of all criminal cases, surprisingly, don't end in a trial but in a plea bargain. Consider both plea bargains and criminal trials and how they complement one another. How - and why - did plea bargains come to dominate American justice? How does the jury system work?Free trial of The Great Courses Living or buy
- S1 E25 - Procedural Rights and Why They MatterSeptember 21, 201732minWhat makes civil procedure different from all other subjects law students encounter in their first year of school? Using a hypothetical lawsuit and two Supreme Court cases, explore the broad set of issues and questions any system of litigation must address, including the procedures needed to clear a person's name.Free trial of The Great Courses Living or buy
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