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April 2006  

News and Views #15: Hiatus for Finals Monday, Apr 17 2006 

This is a quick episode to give everyone a heads-up that I have shifted into finals-mode. I will complete the semester’s recordings in late spring / early summer.

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Criminal Law #14: The Felony Murder Rule Saturday, Apr 8 2006 

In many jurisdictions, any homicide that occurs during the commission of a felony is chargeable as murder. This doctrine, the felony murder rule, has been significantly criticized by commentators and limited by the judiciary.

Regina v. Serne
People v. Stamp

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Criminal Law #13: Negligent Homicides Saturday, Apr 8 2006 

Homicide often comes about through inadvertance and acceptance of risk, rather than an intentional act. Such homicides include negligent homicide (criminal negligence) and involuntary manslaughter (criminal recklessness).

Commonwealth v. Welansky
Parrish v. State
State v. Williams

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Criminal Law #12: Voluntary Manslaughter Saturday, Apr 8 2006 

Intentional killings often occur based upon provocation and / or extreme emotional distress (EED). Such killings are classified as voluntary manslaughter, which includes a reduction in punishment.

Maher v. People
Girouard v. State

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Civil Procedure II #12: Seventh Amendment II Saturday, Apr 8 2006 

We continue examining the Seventh Amendment by applying it to three cases. These cases will hopefully give us an outline of when the right to jury trial is present and when it is not.

Dairy Queen, Inc. v. Wood
Curtis v. Loether
Tull v. United States

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Civil Procedure II #10: Summary Judgment II Saturday, Apr 8 2006 

We conclude our discussion of summary judgment by seeing it applied in two decisions.

Arnstein v. Porter
Dyer v. MacDougall

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Civil Procedure II #9: Summary Judgment I Wednesday, Apr 5 2006 

What is summary judgment, and what are the requirements on a party in order to move for it? Is it a tool of right, or is there a burden on the moving party? If the latter, what burden is there?

Adickes v. S.H. Kress & Co.
Celotex Corp v. Catrett
Rule 56

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Civil Procedure II #8: Discovery IV Wednesday, Apr 5 2006 

We conclude our discussion of discovery by looking at the penalties for failing to comply with discovery: sanctions. Outright dismissal is at the severest end of such penalties.

Cine 42nd Street Theatre Corp v. Allied Artists Pictures Corp.
Rule 37

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