Lecture 5: Advanced Topics and Bar Strategy

Alterations and Forgeries:

Discuss the types of alterations that can occur on a negotiable instrument, such as changes to the amount, date, payee, or interest rate.

Explain the effect of an alteration on the liability of the parties involved, including the drawer, maker, drawee, and endorsers.

Differentiate between material and non-material alterations and their respective consequences.

Analyze the allocation of loss among the parties under UCC Articles 3 and 4, considering the negligence or wrongdoing of each party.

Discuss the concept of forgery and its impact on the validity of a negotiable instrument.

Explain the liability of the forger and the potential liability of other parties who may have contributed to the forgery.

Analyze the allocation of loss in cases of forgery, considering the rights and responsibilities of the parties involved.

Electronic Fund Transfers:

Introduce the concept of electronic fund transfers (EFTs) and their growing importance in modern payment systems.

Discuss the types of EFTs, such as wire transfers, ACH transfers, and online payment systems.

Explain the legal framework governing EFTs, including relevant federal regulations and statutes.

Analyze the rights and responsibilities of the parties involved in EFTs, including the originator, beneficiary, and financial institutions.

Discuss the risks and potential liabilities associated with EFTs, such as unauthorized transfers, errors, and fraud.

Compare and contrast EFTs with traditional check-based payment systems, highlighting the advantages and disadvantages of each.

Exam Strategy:

Emphasize the importance of identifying the "who is liable to whom" question in negotiable instruments exam questions.

Explain the holder in due course (HDC) analysis, including the requirements for HDC status and its legal consequences.

Discuss the types of defenses that can be raised against a holder, including real and personal defenses.

Provide guidance on applying the IRAC (Issue, Rule, Analysis, Conclusion) structure to negotiable instruments exam questions.

Offer tips on thoroughly addressing possible defenses in the analysis section of the IRAC response.

Highlight common exam pitfalls and provide strategies for avoiding them.