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著者: The Law School of America
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  • The Law School of America podcast is designed for listeners who what to expand and enhance their understanding of the American legal system. It provides you with legal principles in small digestible bites to make learning easy. If you're willing to put in the time, The Law School of America podcasts can take you from novice to knowledgeable in a reasonable amount of time.
    The Law School of America
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The Law School of America podcast is designed for listeners who what to expand and enhance their understanding of the American legal system. It provides you with legal principles in small digestible bites to make learning easy. If you're willing to put in the time, The Law School of America podcasts can take you from novice to knowledgeable in a reasonable amount of time.
The Law School of America
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  • Foundations of Federal Income Taxation: Lecture 1: Foundations of Federal Income Taxation
    2025/02/24

    This lecture begins by outlining the historical and constitutional roots of the federal income tax. Early in American history, the federal government used excise taxes and tariffs to raise revenue, and only in special circumstances, such as the Civil War, did it introduce temporary income taxes. The Sixteenth Amendment in 1913 dramatically shifted the legal landscape, giving Congress the authority to impose an income tax without the need for apportionment among the states. This development paved the way for modern federal income taxation, removing most constitutional barriers that had previously hindered direct taxation of individual incomes.

    Next, the lecture covers how the federal tax system is organized. The Internal Revenue Service (IRS) enforces tax laws and issues guidance, while the Treasury Department oversees both the IRS and broader financial policies. Various authorities define tax law: the Internal Revenue Code (IRC) enacted by Congress; Treasury Regulations that interpret and clarify the Code; official Revenue Rulings and procedures from the IRS; and judicial decisions at multiple levels, including the U.S. Tax Court, district courts, courts of appeal, and potentially the Supreme Court. Together, these sources form a complex legal framework that practitioners must navigate.

    Tax policy goals also factor into the system’s structure. While the primary purpose of taxation is to fund government operations, Congress uses the tax code to shape economic and social behavior, encouraging homeownership via mortgage interest deductions or fostering charitable giving through donation write-offs. This means that the Code is more than just a revenue-raising tool; it’s also a mechanism for incentivizing and discouraging certain activities.

    A significant portion of the lecture is devoted to gross income, a concept anchored by IRC Section 61. This broad definition—“all income from whatever source derived”—captures wages, business profits, interest, dividends, rents, and many other forms of economic gain. Even illegal proceeds and certain prizes count as gross income, reflecting the principle that if a taxpayer obtains a clear economic benefit, it is presumed taxable. Nevertheless, there are notable exclusions: gifts, inheritances, certain fringe benefits, and life insurance proceeds are among the items that Congress or the courts have decided should not be included in gross income. Sometimes, these exclusions further a policy objective, such as not penalizing individuals receiving gifts or not taxing life insurance benefits that mitigate financial burdens upon death.

    The lecture then introduces the importance of filing status: single, married filing jointly, married filing separately, head of household, and qualifying widow(er). Each status affects how taxpayers fall into brackets in the progressive tax system, where higher marginal rates apply to additional increments of income. The system aims to tax those with greater resources more heavily, though fairness and efficiency debates remain. Thus, individuals with the same gross income may pay different effective tax rates, influenced by both filing status and the presence of deductions or credits.

    Finally, the lecture underscores the policy rationales embedded in the tax code. Deductions for retirement contributions or energy-efficient home improvements reveal the government’s intent to channel societal behaviors. Because these incentives directly affect how people earn, save, and invest, attorneys and other professionals must understand both the letter of the law and the broader purpose it serves.

    Overall, Lecture 1 underscores that modern federal income taxation rests on a constitutional foundation, shaped by the Sixteenth Amendment, enforced by a multi-tier system of statutes, regulations, and court rulings, and guided by deliberate policy goals. The core concept of “gross income”—and the many exceptions that reduce it—forms the building block for tax liability calculation

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    18 分
  • Types of Crimes: Understanding Common Criminal Offenses
    2025/02/23

    This lecture provides an in-depth exploration of different categories of crimes recognized in criminal law. It defines a crime as any act or omission that violates a law and is punishable by the state, broadly categorized by the nature of harm, intent (mens rea), and severity of punishment.

    Crimes against the person involve harm to an individual's physical or psychological integrity and include homicide and assault and battery.

    Homicide is the killing of one person by another, with different types based on intent, planning, and circumstances.

    First-degree murder requires premeditation, deliberation, and malice aforethought. An example is meticulously planning a killing.

    Second-degree murder involves intent to kill without prior planning, often in the "heat of the moment".

    Voluntary manslaughter occurs in the heat of passion, such as killing a spouse upon discovering infidelity.

    Involuntary manslaughter is an unintentional death resulting from reckless or negligent behavior, like causing a fatal accident while texting and driving.

    Felony murder holds a perpetrator liable for murder if a death occurs during the commission of a dangerous felony, regardless of intent.

    Assault is an intentional act causing another person to reasonably fear imminent harmful or offensive contact [10]. Actual physical contact isn't required.

    Battery requires actual physical contact that is harmful or offensive. An example is punching someone in the face.

    Aggravated assault and battery occur when these crimes are committed with a deadly weapon or cause serious injury.

    Property crimes target another person’s property and include robbery, burglary, larceny, arson, and vandalism.

    Robbery is the unlawful taking of property from another person through force, intimidation, or threats].

    Burglary involves unauthorized entry into a building with the intent to commit a crime, most commonly theft.

    Larceny, or theft, is the unlawful taking of property without force or intimidation.

    Arson is the intentional act of setting fire to property.

    Vandalism is the willful destruction or defacement of property].

    Inchoate crimes involve actions aimed at committing a crime, even if the intended crime is not completed, including attempt, solicitation, and conspiracy.

    Attempt occurs when an individual takes substantial steps toward committing a crime but does not complete it.

    Solicitation involves encouraging, requesting, or commanding another person to commit a crime.

    Conspiracy is an agreement between two or more individuals to commit a criminal act, with at least one conspirator taking an overt step toward carrying out the plan.

    White-collar crimes are non-violent offenses, typically committed for financial gain, and include fraud, embezzlement, and insider trading.

    Fraud involves deliberate deception to secure an unfair or unlawful gain.

    Embezzlement occurs when a person entrusted with managing property or funds diverts them for personal use.

    Insider trading is the use of non-public, material information to gain an unfair advantage in stock trading.

    Drug-related crimes involve the possession, distribution, manufacturing, or trafficking of controlled substances.

    Sex crimes encompass a range of offenses involving illegal or non-consensual sexual conduct.

    Rape is generally defined as non-consensual sexual intercourse committed through force, coercion, or when the victim is unable to give consent.

    Sexual assault is a broader term that includes any unwanted sexual contact without explicit consent.

    Prostitution-related offenses include solicitation, procurement, or operating a brothel.

    Cyber crimes are illegal activities committed through digital means and include identity theft, hacking, and online fraud.

    Identity theft involves the unauthorized acquisition and use of someone else’s personal information to commit fraud.

    Hacking is the unauthorized access to computer systems, networks, or data.

    Online fraud includes scams, phishing schemes, and other fraudulent activities conduct

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    20 分
  • Community Property vs. Common Law Property Systems (Family Law and Property Law) (Part 2 of 2)
    2025/02/22

    Community Property vs. Common Law Property Systems

    Subject: Analysis of Community Property and Common Law Property Systems in Family and Property Law


    Community Property System:

    Marriage is viewed as an economic partnership.

    Any asset acquired during the marriage is presumed to be community property, regardless of whose name is on the title.

    Applies in nine U.S. states: California, Texas, Arizona, Louisiana, Nevada, New Mexico, Washington, Idaho, and Wisconsin.

    Community property states mandate an equal 50/50 split of marital property in a divorce.


    Common Law Property System:

    Property rights are determined by title ownership. Assets acquired by one spouse are presumed to belong solely to that spouse.

    Property is divided fairly, but not necessarily equally, in a divorce.

    Courts consider factors like length of the marriage, each spouse's financial and non-financial contributions, future earning capacity, standard of living during the marriage, health and age of the spouses, dissipation of assets, custodial responsibilities for children, and agreements between the spouses regarding ownership or anticipated division of property.

    Key Comparisons and Additional Considerations:

    Both systems address property transformation from separate to marital or vice versa through transmutation and commingling.

    In community property states, real estate acquired during the marriage belongs to both spouses equally. In common law states, ownership is determined by the title deed

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    10 分
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