Civil Litigation

Process and Procedures

Author: Thomas Goldman,Alice Hart Hughes

Publisher: N.A

ISBN: 9780134831046

Category: Civil procedure

Page: 576

View: 6190

For courses in civil litigation. Multimedia introduction to civil litigation, from pre- to posttrial Civil Litigation: Process and Procedures teaches students the skills they need to pursue careers in civil litigation, from the details of the litigation process, to the work of paralegals, to pretrial preparation and posttrial procedures. Throughout the text, the authors integrate video simulations and hands-on activities, some of which lead students to create documents they can include in a professional portfolio. In addition to updated laws and procedures, the 4th edition includes a new Virtual Law Office Experience to help students prepare for the workplace.

New York Civil Practice Before Trial

Author: Michael H. Barr,Burton N. Lipshie,Sharon Stern Gerstman

Publisher: LexisNexis

ISBN: 0938065777

Category: Law

Page: N.A

View: 6722

New York Civil Practice Before Trial is a procedure guide that delivers quick and reliable answers with its unique outline format, tight writing, superb scholarship, and extensive citations. Its practice-tested forms and pattern paragraphs speed drafting. You will find detailed coverage of: • Jurisdiction • Venue • Privileges • Standing and joinder • Production of documents • Pleadings • Physical and mental exams • Summons and service • Interrogatories • Motion practice • Depositions • Summary judgment • Notices to admit • TROs and injunctions • Settlement and ADR • Defaults. • Special proceedings. The book is supported by 3,500 citations, over 130 forms, advice from the bench, recent case-based illustrations, practice-proven strategies, and step-by-step procedures. Coverage runs from taking the case up to trial, and will help you increase efficiency, improve your advocacy, craft better documents, resolve peripherial disputes, answer ethical questions, and avoid and fix mistakes. It delivers a new level of practicality, quality, thoughtfulness, ease of use, and affordability.

Civil Litigation in Comparative Context

Author: Oscar G. Chase,Helen Hershkoff

Publisher: West Academic

ISBN: 9780314155962

Category: Law

Page: 607

View: 6413

This collection of edited readings introduces the varieties of litigation systems in use in different modern states. It opens with a treatment of the principal differences among the major civil litigation systems. Subsequent chapters cover the organization of courts and the legal profession, the role of the attorney and the judge, the processes of learning and proving facts, short cuts to judgment and provisional remedies, the appellate process, enforcement of judgments, and the prospects for convergence and harmonization. The book can be used as (i) an adjunct to an introductory civil procedure course; (ii) the text for an upper-class seminar in comparative procedure; and (iii) as a supplement to the existing general comparative law casebooks.

New York Civil Practice Law and Rules

Author: LexisNexis Editorial Staff,Lexisnexis

Publisher: LexisNexis

ISBN: 9780769846354


Page: N.A

View: 2604

New York CPLR (Redbook) contains the full text of the Civil Practice Law and Rules with amendment notes, the New York CPLR Timetable, which keeps attorneys on top of court-imposed deadlines for submissions during case preparation and presentations and statutes of limitations, in chronological order; a CPLR Table of Amendments for the current and previous year with explanatory notes, a number of useful sections of a several other statutory compilations and the Supreme and County Court Rules, which govern New York civil litigation.. Inside you'll also find: * Updated New York Court Directory * Selected practice provisions, including: * Constitution of the State of New York * Business Corporation law (BCL) * Court of Claims Act (CCA) * Criminal Procedure Law (CPL) * Debtor and Creditor Law (DCL) * Domestic Relations Law (DRL) * Education law * Estates, Powers and Trusts Law (EPTL) * General Associations Law * General Construction Law * General Municipal Law * General Obligations Law * Insurance Law * Judiciary Law * Lien Law * New York City Civil Court Act * Professional Rules * Public Health Law * Public Officers Law * Real Property Law * Surrogate's Court Procedure Act (SCPA) * Uniform Commercial Code (UCC) * Vehicle and Traffic Law * Topical Index

New York Commercial Litigation Guide

Author: Kyle C. Bisceglie,Herbert C. Ross,Thomas J. Fleming

Publisher: LexisNexis

ISBN: 1579114881

Category: Law

Page: 978

View: 3038

New York Commercial Litigation Guide provides in one place an overview of the causes of action commonly employed in commercial disputes, the elements of these common types of commercial causes of action under New York state law and the corresponding defenses. New York Commercial Litigation Guide is designed to help the practitioner to quickly and efficiently see "big picture" case theory, identify relevant commercial causes of action under New York law, save countless research hours and avoid common pitfalls. This practical, task-oriented guide to the various topics in commercial litigation clearly explains how to analyze, resolve, and/or litigate the issues that can arise at every stage of a commercial dispute, from the basic corporate structures to complex questions of law, evidentiary matters, procedure and strategy. New York Commercial Litigation Guide provides easily accessed, proven, authoritative to-the-point practice guidance, enhanced by the following features: • Over 60 task-oriented checklists • Over 150 strategic points, warnings, and timing tips to prevent practice missteps • Targeted cross-references to specific state and federal legislation and sources detailing the features of topics such as corporate governance, business torts, and lender liability. Distilling years of experience from distinguished New York commercial law practitioners, New York Commercial Litigation Guide is a reliable roadmap through the complex and multi-faceted practice area of commercial litigation.

The New York Paralegal

Author: William P. Statsky,Robert A. Sarachan

Publisher: Cengage Learning

ISBN: 1133168310

Category: Law

Page: 528

View: 4261

Never before has teaching the critical state-specific material that your paralegal students need to know been easier or more organized! A truly innovative resource, The New York Paralegal contains the information, documents, and resources essential to paralegal students who will be working in New York State, thus eliminating the need for instructors to gather this material piecemeal. Instead, this book does it all for you by compiling all of this information into a single, handy resource. Coverage includes an overview of the paralegal profession, ethics, the legal system, research, and even a comprehensive legal dictionary - all as they pertain to New York State laws and statutes. With all of this vital content provided in such a user-friendly format, students will find this an invaluable reference throughout their academic and professional careers. And instructors will find that they can spend less time preparing to teach and more time teaching. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Civil Procedure in a Nutshell

Author: Mary Kay Kane

Publisher: West Academic


Category: Law

Page: 309

View: 1169

Rules of civil procedure govern everything that happens outside of criminal proceedings. This Nutshell provides a road map to navigating civil procedure rules and helps build a foundation for understanding the overall picture. Topics discussed include how to choose the proper court, pretrial and trial preparation, adjudication, judgments, appeals, and specialized multi-party/multi-claim proceedings.

California Civil Litigation

Author: Susan Burnett Luten

Publisher: Cengage Learning

ISBN: 1111806896

Category: Law

Page: 448

View: 6895

California Civil Litigation, fifth edition, is designed to provide paralegal students and practicing paralegals with information, skills, and experience. It follows the litigation process chronologically from initial client questions and contracts, to ethical issues, through the pleading and discovery phases, to trial, post-trial and appeal. Each phase of litigation is explored through official forms and drafted documents and each chapter includes highlighted glossary words and definitions to enable the reader to learn the technical language of litigation. In addition to the usual probing discussion questions, each chapter includes online projects requiring the reader to locate and analyze relevant Internet material. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Civil Practice Law and Rules of the State of New York

Plus Comprehensive Appendix of Related Statute

Author: Looseleaf Law Publications Inc

Publisher: Looseleaf Law Publications Corporation

ISBN: 9780930137120

Category: Law

Page: 688

View: 9509

The CPLR governs civil judicial proceedings in all courts of the state and before all judges. The appendix contains extracts of the N.Y.S. Constitution, Judiciary Law and the entire N.Y.C. Civil Court Act. Includes examples of related official forms. Revised - now includes NYCRR-PARTS 130 and 202.

The Pro Se Litigant's Civil Litigation Handbook

How to Represent Yourself in a Civil Lawsuit

Author: Kenn Goldblatt

Publisher: AuthorHouse

ISBN: 1504984552

Category: Law

Page: 508

View: 9340

Caught up in a civil lawsuit? This book explains each step of the civil litigation process from pre-litigation investigation through trial on the merits to give you the best chance of prevailing in your efforts whether you are a plaintiff or a defendant. Its detailed explanations of the various requirements of the litigation process are supported with detailed checklists that insure you leave nothing to chance as you work through the process and help you avoid the costly mistakes pro se litigants commonly make as they fight their lawsuits. Whether you are a plaintiff or defendant and whether you decide to employ a lawyer or represent yourself, this book gives you the information you need to make sure that you have the best chance of prevailing as you proceed.

New York Trial Notebook

Author: Edward L. Birnbaum,Carl T. Grasso,Ariel E. Belen

Publisher: LexisNexis

ISBN: 1945421665

Category: Law

Page: N.A

View: 3891

New York Trial Answer Book Techniques, law, and forms for trial preparation and presentation. The latest edition of New York Trial Notebook adds hundreds of new case citations, dozens of new tips, and many new and substantially revised sections. Turn to New York Trial Notebook for clear, concise explanations, practice tips, and recent case-based illustrations covering everything from preparing the case for trial through post trial motions. Lawyers no longer have as many opportunities to polish their trial skills. Small cases rarely reach courtrooms, and specialists and public defenders now handle the criminal cases that used to keep civil lawyers trial-ready. However, the procedures and cases governing New York courtrooms -- and the techniques that work in them -- must still be learned and remembered. Here is the solution. Courtroom veterans Ed Birnbaum, Carl Grasso, and Justice Ariel Belen have blended their hard-won trial lessons with the law and rules governing New York trials in New York Trial Notebook. This practical work is heavily-supported with 2,000 cases containing parenthetical descriptions and pinpoint citations, more than 80 forms in print and via Digital Access, and dozens of practice tips. New York Trial Notebook delivers: Expert witness disclosure • Boundaries of the treating-physician exemption from disclosure. §5:04 • Good practice on requests for expert witness disclosure. §5:22 • How much disclosure is sufficient. §5:41 • When preclusion is the appropriate remedy for late disclosure, §5:50, and when it is not. §5:51 • Tactics for admission and preclusion, with forms. §5:51 Eve-of-trial preparation • Case law for common motions in limine. §13.06 • Responsive tactics. §13:23 • Plaintiff's proven case themes for liability, §14:20, and damage. §14:21 • Same for the defense. §§14:32 and 33 • Themes effective in commercial litigation. §14:40 • What to put in your trial notebook. §14:51 Expert witness testimony • When cumulative expert testimony is permissible. §15:81 • Rules and cases on expert opinion evidence. §15:90 • Frye hearings during trial, with forms. §15:131 • Adequate and inadequate bases for expert opinions. §15:141 • For medical opinions. §15:163 • Is a complete factual predicate necessary? §26:53 Jury selection • Objecting to questions omitted in judicial voir dire. §20.13 • Tactfully excusing jurors. §20.18 • Procedures and tactics in White's and Struck methods. §20:31 • How to conduct a skillful voir dire. §20:50 • Pattern language for responding to negative comments about lawyers, size of awards, and the like. §20:56 • Model commitment questions. §20.100 • Batson-challenge cases and procedure. §20:141 Trial tips • Argument tips from the bench. §19:03 • An easy way to obtain daily feedback during trial. §19:40 • Handling forgetful witnesses. §23:20 • Helping plaintiffs make a good impression. §24:20 • A fallback question format to avoid leading-question objections. §24:60 Cross examination of lay witnesses • How to attack credibility when you must also bring out new evidence. §25.11 • Questions for attacking the foundation for testimony. §25.20 • Techniques for impeachment. §25:30 • Scope of use of inconsistent statements. §25:32 • Pattern questions for showing bias without overstepping. §25:52 • Fair subjects for cross, §25:62, gray areas, §25:63, and matters not allowed. §25:64 • The art of effective cross-examination. §25:90 et seq. And much, much more. You'll receive detailed answers to the questions that frequently arise in the home stretch before trial, and that arise in the courtroom – qualification and cross-examination of experts, making and meeting objections, persuasive openings and closings, pretrial motions and motions during trial, jury selection and instruction.

Civil Litigation in Connecticut

Anatomy of a Lawsuit

Author: Kimberly A. Peterson,P. L. Ed. Peterson,J. Michael Peterson

Publisher: Prentice Hall

ISBN: 9780137578405

Category: Law

Page: 375

View: 6546

For courses in Civil Litigation in Connecticut or The Judicial System. * Designed to be used in conjunction with the Connecticut Practice Book and the Connecticut General Statutes, this exceptionally practical, how-to guide to civil litigation in Connecticut provides a unique overall picture of the litigation process and specific, detailed instructions on how to meet the various requirements mandated by the practice book rules and general statutes. It demystifies the whole procedure -- explaining the rules, how they interact with one another, and how to apply them -- focusing on the questions to ask, the specific steps to take, and how to ask and perform them correctly. * A unique Litigation Checklist Summary spells out each stage of the litigation process from beginning to end, provides a detailed checklist of specific steps to be taken, and explains how the Practice Book Rules and the Connecticut General Statues apply. Each stage of the litigation process is then explained throughout the text by referencing applicable Connecticut Practice Book Sections, Connecticut General Statutes and terminology, and examples of completed court forms and realistic pleadings. opportunity to witness the progression of each case from the beginning through to its conclusion.

Cost and Fee Allocation in Civil Procedure

A Comparative Study

Author: Mathias Reimann

Publisher: Springer Science & Business Media

ISBN: 9789400722637

Category: Law

Page: 314

View: 6047

The volume describes and analyzes how the costs of litigation in civil procedure are distributed in key countries around the world. It compares the various approaches, draws general conclusions from that comparison, and presents global trends as well as common problems and solutions. In particular, the book deals with three principal questions: First, who pays for civil litigation costs, i.e., to what extent do losers have to make winners whole? Second, how much money is at stake, i.e., how expensive is civil litigation in the respective jurisdictions? And third, whose money is ultimately spent, i.e., how are civil litigation costs distributed through mechanisms like legal aid, litigation insurance, collective actions, and success oriented fees? Inter alia, the study reveals a general trend towards deregulation of lawyer fees as well as a substantial correlation between the burden of litigation costs and membership of a jurisdiction in the civil and common law families. This study is the result of the XVIIIth World Congress of Comparative Law held under the auspices of the International Academy of Comparative Law.

The litigation explosion

what happened when America unleashed the lawsuit

Author: Walter K. Olson

Publisher: Plume


Category: Law

Page: 388

View: 2158

Twenty years ago, Americans saw lawsuits as a last resort; now they're the world's most litigous people. One of the most discussed, debated, and widely reviewed books of 1991, The Litigation Explosion explains why today's laws encourage us to sue first and ask questions later.

New York Practice, Student Edition


Publisher: West Academic Publishing

ISBN: 9781642421064


Page: 1564

View: 4437

Described by many lawyers as the bible of New York practice, Siegel's Hornbook on New York Practice serves as the complete guide to civil practice in New York state courts, with a broad perspective in each subject. Used by students, lawyers, and judges alike and cited in thousands of New York cases, it discusses such topics as statutes of limitations, personal jurisdiction, appearance, venue, parties, papers, pleadings, motion practice, accelerated judgment, provisional remedies, disclosure, pretrial incidents, judgment, arbitration, and res judicata. The hornbook addresses pitfalls for practicing attorneys and judges. To eliminate the gap between what a student learns in law school and what a new lawyer actually needs to know in practice, the book starts from scratch on subjects, rather then assuming knowledge. This time-saving reference guide contains expert commentary; footnote citations to leading court decisions; and tables of cases, statutes and court rules.

Forensic Economics

Assessing Personal Damages in Civil Litigation

Author: Frank D. Tinari

Publisher: Springer

ISBN: 1137563923

Category: Business & Economics

Page: 327

View: 4006

This edited collection addresses the major issues encountered in the calculation of economic damages to individuals in civil litigation. In federal and state courts in the United States, as well as in other nations, when one party sues another, the suing party is required not only to prove that the harm was, indeed, caused by the other party, but also to claim and demonstrate that a specified dollar value represents just compensation for the harm. Forensic economists are often called upon to evaluate, measure, and opine on the degree of economic loss that is alleged to have occurred. Aimed at both practitioners and theorists, the original articles and essays in the edited collection are written by nationally recognized and widely published forensic experts. Its strength is in showcasing theories, methods, and measurements as they differ in a variety of cases, and in its review of the forensic economics literature developed over the past thirty years. Readers will find informative discussions of topics such as establishing earnings capacity for both adults and infants, worklife probability, personal consumption deductions, taxation as treated in federal and state courts, valuing fringe benefits, discounting theory and practice, the effects of the Affordable Care Act, the valuation of personal services, wrongful discharge, hedonics, effective communication by the expert witness, and ethical issues. The volume also covers surveys of the views of practicing forensic economists, the connection between law and forensic economics, alternatives to litigation in the form of VCF-like schedules, and key differences among nations in measuring economic damages.

Civil Justice Reconsidered

Toward a Less Costly, More Accessible Litigation System

Author: Steven P. Croley

Publisher: NYU Press

ISBN: 1479855006

Category: Law

Page: 304

View: 9048

"In Civil Justice Reconsidered, Steven Croley demonstrates that civil litigation is, for the most part, socially beneficial. An effective civil litigation system is accessible to parties who have suffered legal wrongs, and it is reliable in the sense that those with stronger claims tend to prevail over those with weaker claims. However, while most of the system's failures are overstated, they are not wholly off base; civil litigation often imposes excessive costs that, among other unfortunate consequences, impede access to the courts, and Croley offers ways to reform civil litigation in the interest of justice for potential plaintiffs and defendants, and for the rule of law itself"--Publisher's web site, viewed February 10, 2017.

International Civil Litigation in United States Courts

Author: Gary B. Born,Peter B. Rutledge

Publisher: Wolters Kluwer Law & Business

ISBN: 1454898453

Category: Law

Page: 1272

View: 1675

International Civil Litigation in United States Courts is the essential, comprehensive law school text for the current and future international litigator or international corporate lawyer. Covering all the topics discussed in competing texts and more, this casebook seamlessly combines international litigation, conflict of laws, and comparative civil procedure. This Sixth Edition includes excerpts and updated discussion of recent U.S. court decisions and legislation relating to a wide range of private and public international law topics, including foreign sovereign immunity, choice of law, antisuit injunctions, legislative jurisdiction, service of process on non-U.S. citizens, international discovery, foreign judgment enforcement, and international arbitration. Key Features: Updates on recent US Supreme Court and other significant U.S. court decisions, including Daimler AG v. Bauman, BNSF Ry. Co. v. Tyrrell, Bristol-Myers Squibb Co. v. Superior Court of Cal., Water Splash, Inc. v. Menon, and more. Updated discussion of international law and national law from Europe, the Middle East, and Asia. Revised Notes on recent developments and current topics such as terrorism, proof of foreign law, and judicial jurisdiction.