MOR 215 - Funeral Law I

1. Explain the American system of jurisprudence;
   1. Explain common law as a historical foundation of United States law.
   2. List the various sources of law in the American legal system; state and federal.
   3. Define judicial review and jurisdiction of the court systems.
   4. Differentiate between trial courts and appellate court procedures.
   5. Understand the role of small claims courts and its limited access.
   6. Discuss Alternative and Online Dispute Resolution such as negotiation, mediation, and arbitration.
2. Distinguish between torts and crimes, and intellectual property;
   1. Identify differences between civil law and criminal law.
   2. List and describe intentional torts against persons.
   3. List and explain the elements necessary to prove negligence.
   4. Describe and apply the doctrine of strict liability.
   5. List and describe the essential elements of a crime.
   6. Summarize criminal procedure, including arrest, indictment, arraignment, trial.
   7. Identify major white-color crimes such as embezzlement, bribery, and criminal fraud.
   8. Define trademarks (service marks), copyrights, and patents.
   9. List the items that can be copyrighted and demonstrate an understanding of the Fair Use Exception.
3. Explain the requirements and identify litigation issues of a valid contract;
   1. List the elements necessary to form a valid contract.
   2. Describe special forms of offers, including Internet actions.
   3. Identify contracts that lack consideration such as those involving illegal. consideration, an illusory promise, a pre-existing duty, or past consideration.
   4. Define and describe the infancy doctrine.
   5. Contrast legal insanity and intoxication and how they affect capacity.
   6. Describe covenants-not-to-compete and exculpatory clauses and their legality.
   7. Contrast genuineness of assent, mistake, fraud, duress, and undue influence.
   8. List the contracts that must be in writing under the Statute of Frauds, formality of writing contracts, and the parole evidence rule.
   9. Compare assignments, delegations, and third party rights.
   10. Distinguish between conditions and impossibility or impracticability of contracts.
   11. Explain performance and remedies for each side of a contract.
4. Be able to apply the Uniform Commercial Code regarding the sale/lease of goods;
   1. Categorize the performance and remedies of sellers and buyers with regard to sales and lease contracts.
   2. Contrast the controlling bodies of contract law: Article 2 of the UCC and common law of contracts.
   3. Interpret when title to goods and the risk of loss pass from seller to buyer.
   4. Categorize the performance and remedies of sellers and buyers with regard to sales and lease contracts.
5. List the requirements for negotiable instruments;
   1. Compare the instruments governed by the UCC; drafts, checks, promissory notes and certificates of deposit.
   2. Summarize the formal requirements of negotiable instruments.
   3. Describe the signature liability of makers, drawees, drawers, acceptors, and accommodation parties.
   4. List the transfer and presentment warranties and liabilities for a breach of these warranties.
   5. Identify universal defenses that can be asserted against a holder in due course.
6. Identify the characteristics related to bailments.
   1. Distinguish between real, property, personal property and fixtures.
   2. List and describe the elements for creating a bailment.
   3. Explain the liability of bailees for lost, damaged, or destroyed goods.
   4. Summarize the classification of special bailments.
   5. Describe insurance contracts and define insurable interest.
7. Assess the scope of Article 9 of the UCC.
   1. Discuss the methods of creating a valid security interest and the requirements of attachment.
   2. Identify the various methods of perfecting a secured interest.
   3. Interpret the priority rules which govern the rights of secured creditors to the collateral.
   4. Summarize the rights and duties of both the debtor and the creditor in
   5. connection with a default.
   6. Explain the laws which assist creditors to collect debts.
   7. Compare the various types of statutory liens.
   8. Identify the steps in collecting a debt.
   9. Investigate state exemption laws.