Electronic Lessons on USA Business Law

For additional information, or to ask questions, students should contact Mr. Wangerin at 7wangeri@jmls.edu

Below please find descriptions of the substantive content of about a half dozen sets of electronic lessons on USA business law.  The different sets of electronic lessons described below are separate from each other.  So, students can work with any of the individual sets independent of the other sets.  Further, students can work with individual sets of lessons in any order, or no order at all.  However, the sets of lessons below also are integrated with each other.  So, the different sets of lessons share some introductory lessons, and also share common themes and common examples. 

The sets of e-lessons described below are NOT meant to be full scale law school courses on the pertinent topics.  Rather, the sets of lessons are meant to be introductions to, or surveys or reviews of the pertinent topics.  Students who want a full scale treatment of the subjects, therefore, should take full scale law school courses.

Breach and Excused Non-Performance in Contract Cases: 

These lessons cover a topic that is probably (a) the single most commonly encountered real world Contract law topic for general practice lawyers and (b) tested more heavily on the bar exam than any other contract law topic.  These lessons all rest on the notion that the key to understanding contract disputes is an understanding that such disputes almost always come down to disputes about whether non-performance is a “breach” of the contract or an “excused non-performance.”  Two distinct categories of excuses will discussed, the “non-agreement” excuses (sometimes called the “real” defenses) and the “all-other” excuses (sometimes called the “personal” defenses.)  Discussion will include extensive references to the cryptic concept of express and constructive (implied in law) “conditions.”  Discussion will also include brief references to the notion of “consideration” as well as to rules regarding writings, notably rules regarding the statute of frauds and the parol evidence rule.  Analysis will emphasize situations in which rules in Article 2 of the UCC differ from rules in the common law of contracts (with the common law principally articulated in the Restatement Second of Contracts).  These lessons do NOT cover the topic of Remedies in Contract cases, a topic covered in another set of lessons.

There are about thirty individual e-lessons in this particular set of electronic lessons, and about thirty accompanying graphics-only versions of these e-lessons.  The e-lessons themselves are .swf files and can be watched / listened to on Windows PC’s or Macs.  The graphics only versions of the lessons are ppt files (which also can be viewed on Windows PC’s or Macs).

 Third Parties ("Outsiders") in Commercial Transactions

 These lessons cover topics that are routinely skipped over by teachers of standard contract courses but that are (a) commonly encountered by general practice lawyers and (b) regularly tested on the bar exam.  The topics include Assignees (principally of non-payment rights); 3rd party Beneficiaries (a bar exam favorite); Sureties (who are people /business that take on secondary liability for the debts of others);  Agents (including Delegates); Remote Beneficiaries of Article 2 Warranties; Bailees (principally carriers and warehouses); and Good Faith Purchasers of Goods / Buyers in the Ordinary Course of Business (which kinds of commercial actors possess what sometimes are called “super powers” in connection with commercial transactions).  This unit / separate mini-course may include an Introduction to the role of bankruptcy representatives.

There are about thirty individual e-lessons in this particular set of electronic lessons, and about thirty accompanying graphics-only versions of these e-lessons.  The e-lessons themselves are .swf files and can be watched / listened to on Windows PC’s or Macs.  The graphics only versions of the lessons are ppt files (which also can be viewed on Windows PC’s or Macs).

 Negotiable Instruments and Assignments of Payment Rights

These lessons discuss two important and commonly used methods for paying for contracts.  One of those topics is the use of Article 3 negotiable instruments (e.g. promissory notes and drafts / checks).  This topic is ALWAYS tested on the bar exam. The other topic will be the use of assignments of payment rights under Article 9, a topic that is frequently tested on the bar exam.  The discussion will emphasize the importance of FTC consumer protection rules in both of these payment contexts.    

There are about thirty individual e-lessons in this particular set of electronic lessons, and about thirty accompanying graphics-only versions of these e-lessons.  The e-lessons themselves are .swf files and can be watched / listened to on Windows PC’s or Macs.  The graphics only versions of the lessons are ppt files (which also can be viewed on Windows PC’s or Macs).

Security for Future Payments

These lessons discuss methods that credit lenders and credit sellers use to secure future payments of debts, i.e. credit payments.  Three of the topics that will be covered -- mortgages, Article 9 secured transactions, and suretyship promises – are tested heavily on the bar exam.  The fourth topic, credit default swaps, is not generally tested on the bar.  However, credit default swaps are worthy of analysis because they played a major role in the near-collapse of the world's economy in 2008.

There are about thirty individual e-lessons in this particular set of electronic lessons, and about thirty accompanying graphics-only versions of these e-lessons.  The e-lessons themselves are .swf files and can be watched / listened to on Windows PC’s or Macs.  The graphics only versions of the lessons are ppt files (which also can be viewed on Windows PC’s or Macs).

Remedies in Contract Cases

These lessons discuss Remedies that potentially are available following breaches of contract.  The lessons start with analysis of non-court remedies for breach, remedies that include Requests for Assurance of Performance, Accords / Satisfactions, Cure, and Reciprocal Non-Performance.  The lessons then turn to court remedies for breach of contract and discuss money-debt remedies and specific performance (a kind of injunction). 

There are about thirty individual e-lessons in this particular set of electronic lessons, and about thirty accompanying graphics-only versions of these e-lessons.  The e-lessons themselves are .swf files and can be watched / listened to on Windows PC’s or Macs.  The graphics only versions of the lessons are ppt files (which also can be viewed on Windows PC’s or Macs).

Court Remedies Rooted in the Historic “Law” Courts

These lessons discuss court remedies that have their roots in the historic “law” courts, the most important of which remedies are “money-debt” remedies.  (With money-debt remedies, courts convert the effects of wrongful acts into amounts of money and then enter judgments that create special kinds of debts.)  Emphasis will be the use of on law-rooted remedies in business-related disputes.  A principal focus will be a comparison of the differences between the “expectation” measure of money debt remedies and the “compensation” measure. The lessons will also cover, albeit to a limited extent, law-rooted restitution (“unjust enrichment”) remedies.  Law-rooted court remedies for contract cases are excluded (and covered in a different set of lessons).   The lessons will provide some discussion of preliminary money-debt remedies –e.g. pre-judgment attachment, garnishment, etc. -- and some discussion of “collection” procedures.

There are about thirty individual e-lessons in this particular set of electronic lessons, and about thirty accompanying graphics-only versions of these e-lessons.  The e-lessons themselves are .swf files and can be watched / listened to on Windows PC’s or Macs.  The graphics only versions of the lessons are ppt files (which also can be viewed on Windows PC’s or Macs).

Court Remedies Rooted in the Historic “Chancery” (Equity) Courts

These lessons discuss court remedies that have their roots in the historic “Chancery” (Equity) courts, the most important of which remedies are injunctions (including specific performance) and declarations.  Emphasis will be on the use of chancery-rooted remedies in business-related disputes.  The lessons will also cover the notion of “restitution” – unjust enrichment – in considerable detail.  Chancery-rooted court remedies for contract cases are excluded (and covered in a different set of lessons).   The lessons will include discussion of preliminary injunctions and contempt procedures.

There are about thirty individual e-lessons in this particular set of electronic lessons, and about thirty accompanying graphics-only versions of these e-lessons.  The e-lessons themselves are .swf files and can be watched / listened to on Windows PC’s or Macs.  The graphics only versions of the lessons are ppt files (which also can be viewed on Windows PC’s or Macs).

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General Comments about Mr. Wangerin's "Online" Courses

1. Students may take electronic courses with Mr. Wangerin only if they have ALREADY EARNED 50 law school credits. Students who are REQUIRED at JMLS to take the “Payment Systems” course may take the “Negotiable Instruments / Assignments” electronic course only if they have already taken or are simultaneously taking the Payment Systems course.

2. Experience indicates that Mr. Wangerin’s “online” courses are much harder than students expect them to be, and require much more work than students expect them to require. Experience also indicates that Mr. Wangerin’s online courses move at a much faster pace than traditional courses.

3. No casebooks or textbooks are required for the one electronic courses. However, texts on Contracts, Payments and Secured Transactions in the “Concise Hornbook” series are highly recommended for supplemental reading. Other suggestions for supplemental reading will be described on the course websites.

4. Grades and Exams:

a. Mr. Wangerin tests very, very, very heavily on rote knowledge of terminology and on rote knowledge of the basic elements of rules. Hence, success on Mr. Wangerin’s tests requires students to engage in large amounts of rote memorization – the “M Word.” Because of this, students should take classes with Mr. Wangerin only if they are willing to engage in large amounts of rote memorization.

b. Generally speaking, students will take tests in these courses at JMLS itself. However, students who wish to take tests in proctored settings away from JMLS should contact Mr. Wangerin by private email to make arrangements to do that. 7wangeri@jmls.edu

c. All questions on all exams in all courses will be objective, mostly multiple choice.

d. Grades will be based on students’ performance on exams. However, Mr. Wangerin reserves the right to adjust grades of individual students upward in borderline cases in light of the quality and amount of participation in electronic discussions.

e. Mr. Wangerin does NOT use anonymous grading.

f. Students will have 24 hours after Mr. Wangerin’s exams to post comments on the course websites about problematic questions on the exams. Mr. Wangerin will carefully consider these student comments, and a statistical analysis that he conducts in connection with all of his tests, before he scores the exams.

8. Mr. Wangerin’s electronic lessons are filled with rock and roll music (some of it in Spanish), naughty pictures and stories (including pictures of scantily clad women and men), disgusting jokes and props, outrageous stereotyping and utterly ridiculous examples. Students who disapprove of these things should avoid Mr. Wangerin’s electronic lessons and his classes that use electronic lessons.