Civil Law and Litigation for Paralegals

Author: Neal R. Bevans

Publisher: Wolters Kluwer Law & Business

ISBN: 1454869046

Category: Law

Page: 456

View: 3604

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Civil Law and Litigation for Paralegals is a comprehensive text designed specifically for paralegal civil litigation courses. Author Neal Bevans not only teaches the basics of civil litigation, but also gives students the opportunity to learn skills they will use in practice. In a balanced approach, Bevans covers all the key topics paralegals need to know in an easy-to-read and engaging style that utilizes numerous examples and illustrations but never overwhelms the student. The text provides students with an in-depth analysis of a wide variety of civil cases, beginning with laying out the basic foundation of the American legal system. It proceeds through the investigation and implementation of a civil case, and follows the case through to appeal. The text balances the theoretical underpinnings of the law with the practical examples and hands-on experience that all students need to completely understand the topic. The helpful pedagogy throughout the book and a comprehensive teaching package make class preparation as easy as possible. Features: Clear introduction to the fundamentals of civil litigation for paralegal students. Provides students with an in-depth analysis of a wide variety of civil cases, laying out the basic foundation of the American legal system, proceeding through the investigation and implementation of a civil case, and following the case through to appeal. Designed to help prepare students for the practical world of divorces, car wreck cases, and medical malpractice claims that they will see every day in civil practice. Each chapter presents students with examples of the important role that paralegals play in every stage of civil litigation, from client intake to bringing an appeal. Understandable writing style with strong pedagogy, resulting in a teachable and accessible text. Each chapter includes Practice Pointers, Search Suggestions, Tech Topics, and Legal Legwork boxes, along with case excerpts, forms, and ethics. Helpful pedagogy includes Chapter Objectives that focus learning and review, Boldfaced key terms and marginal definitions for convenient reference, Review questions at the end of each chapter, and references to web sites that facilitate legal research

ADR and the Courts

A Manual for Judges and Lawyers

Author: Erika S. Fine

Publisher: Butterworth-Heinemann

ISBN: 1483161978

Category: Law

Page: 358

View: 3619

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ADR and the Courts: A Manual for Judges and Lawyers focuses on new methods in the judicial system. The selection first elaborates on an overview of private ADR, semi-binding forums, and court-annexed arbitration. Discussions focus on implications for the federal district courts, effectiveness, jurisdiction, objectives, court-annexed arbitration, Michigan "Mediation" or valuation, private processes, litigation management, and dispute prevention. The text then ponders on Michigan Mediation, settlement hearings, forms for summary jury trials, and mini-trials in the District Of Massachusetts. The book tackles volunteer attorney mediation in Washington, orders and other materials from the mediation program in the United States District Court for the District Of Kansas, and orders regarding early neutral evaluation. Topics include notice of selection of case for early neutral evaluation, mechanics of mediation, format of the settlement conference, evaluation of the mediation program, and case selection. The selection is a dependable reference for lawyers and judges.

Litigation and Inequality

Federal Diversity Jurisdiction in Industrial America, 1870-1958

Author: Edward A. Purcell

Publisher: Oxford University Press on Demand

ISBN: 0195073290

Category: Literary Criticism

Page: 446

View: 7048

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Litigation and Inequality explores the dynamic and intricate relationship between legal and social change through the prism of litigation tactics and out-of-court settlement practices from the 1870s to the 1950s. Developing the synthetic historical concept of a "social litigation system", Purcell analyzes the role of both substansive and procedural law, as well as the impact of social and political factors in shaping the de facto processes of litigation and claims-disputing. Focusing on tort and insurance contract disputes between individuals and national corporations, he examines the changing social and economic significance of the choice between state and national courts that federal diversity jurisdiction gave litigants. Litigation and Inequality scrutinizes the increasingly sophisticated methods that parties developed to exploit their ability to choose between forums. It also traces the changing responses of the courts and legislatures to the escalation of tactical maneuvering. It locates the origins of modern litigation practice in the quarter century after 1910. Purcell points to fundamental flaws in the "efficiency" theory of tort law of the late nineteenth and early twentieth century. He identifies specific ways in which the legal system regularly subsidized corporate enterprise. He seriously qualifies and refines the progressive charge that the federal courts favored business interests. The book argues that during the period from the turn of the century to World War I - especially the critical period from 1905 to 1908 - the Supreme Court reoriented the federal judicial system and essentially created the twentieth century federal judiciary. It also challenges the idea thatdiversity jurisdiction is best understood as a device to protect nonresidents from local prejudice. It illuminates a range of related historical and legal issues, from the ostensible "formalism" of the late nineteenth century judicial thinking to the origins of the workmen's compensation movement. Examining these developments with clarity and insight, this work will interest historians and sociologists, as well as lawyers and legal scholars.

Smith, Currie and Hancock's Common Sense Construction Law

A Practical Guide for the Construction Professional

Author: Thomas J. Kelleher, Jr.,John M. Mastin,Ronald G. Robey,Smith, Currie & Hancock LLP

Publisher: John Wiley & Sons

ISBN: 1118858158

Category: Technology & Engineering

Page: 896

View: 5993

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Cut through the legalese to truly understand construction law Smith, Currie & Hancock's Common Sense Construction Law is a guide for non-lawyers, presenting a practical introduction to the significant legal topics and questions affecting the construction industry. Now in its fifth edition, this useful guide has been updated to reflect the most current developments in the field, with new information on Public Private Partnerships, international construction projects, and more. Readers will find full guidance toward the new forms being produced by the AIA, AGC, and EJDC, including a full review, comparison to the old forms, areas of concern, and advice for transitioning to the new forms. The companion website features samples of these documents for ease of reference, and end of chapter summaries and checklists help readers make use of the concepts in practice. The updated instructor support material includes scenario exercises, sample curriculum, student problems, and notes highlighting the key points student responses should contain. Construction is one of the nation's single largest industries, but its fractured nature and vast economic performance leave it heavily dependent upon construction law for proper functioning. This book is a plain-English guide to how state and federal law affects the business, with practical advice on avoiding disputes and liability. Understand construction law without wading through legal theory Get information on an emerging method of funding large-scale projects Parse the complexities presented by international and overseas projects Migrate to the new AIA, AGC, and EJDC forms smoothly and confidently This book doesn't cover legal theory or serve as a lawyer's guide to case law and commentary – its strength is the clear, unaffected common-sense approach that caters to the construction professional's perspective. For a better understanding of construction law, Smith, Currie & Hancock's Common Sense Construction Law is an efficient reference.

The American Courts

A Procedural Approach

Author: Jeffrey A. Jenkins

Publisher: Jones & Bartlett Learning

ISBN: 9780763755287

Category: Law

Page: 338

View: 4209

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Courtrooms are often lively places, and what occurs in them has a profound impact on the functioning of our democracy. The American Courts – A Procedural Approach offers readers a thorough understanding of the United States court system by exploring the procedural aspects of the law. The rules of both criminal and civil procedure, how they are applied, and their influence on decision-making in the courts are thoroughly examined. This text is ideal for undergraduate and introductory graduate criminal justice, legal studies, and government programs.

Toxic Tort Litigation

Author: D. Alan Rudlin

Publisher: American Bar Association

ISBN: 9781590317341

Category: Law

Page: 492

View: 8667

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Trying a toxic tort case is unlike other high-stakes litigation. This guide explores the legal elements that distinguish toxic tort litigation, explaining theories of liability and damages as well as procedural and substantive defenses. Chapters cover scientific and medical evidence, causation, trial management and strategy, settlement, and specialized litigation, including mold, lead, asbestos, silica, food products, pharmaceuticals, and MTBE.

Verdict

Assessing the Civil Jury System

Author: Robert E. Litan

Publisher: Brookings Institution Press

ISBN: 9780815720195

Category: Law

Page: 542

View: 6569

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The right to a jury trial is a fundamental feature of the American justice system. In recent years, however, aspects of the civil jury system have increasingly come under attack. Many question the ability of lay jurors to decide complex scientific and technical questions that often arise in civil suits. Others debate the high and rising costs of litigation, the staggering delay in resolving disputes, and the quality of justice. Federal and state courts, crowded with growing numbers of criminal cases, complain about handling difficult civil matters. As a result, the jury trial is effectively being challenged as a means for resolving disputes in America. Juries have been reduced in size, their selection procedures altered, and the unanimity requirement suspended. For many this development is viewed as necessary. For others, it arouses deep concern. In this book, a distinguished group of scholars, attorneys, and judges examine the civil jury system and discuss whether certain features should be modified or reformed. The book features papers presented at a conference cosponsored by the Brookings Institution and the Litigation Section of the American Bar Association, together with an introductory chapter by Robert E. Litan. While the authors present competing views of the objectives of the civil jury system, all agree that the jury still has and will continue to have an important role in the American system of civil justice. The book begins with a brief history of the jury system and explains how juries have become increasingly responsible for decisions of great difficulty. Contributors then provide an overview of the system's objectives and discuss whether, and to what extent, actual practice meets those objectives. They summarize how juries function and what attitudes lawyers, judges, litigants, former jurors, and the public at large hold about the current system. The second half of the book is devoted to a wide range of recommendations that will both improve citizens' access to jury determinations and help resolve disputes in a more effective and efficient manner. Among their many suggestions, the authors call for changes in trial procedures and techniques that would improve the ability of jurors to understand the lay and evidence, a reduction in administrative costs and delays, and a change in they way juries are chosen. The authors also recommend shorter hours and more pay for jurors, greater flexibility in court schedules, and elimination of alternate jurors. In the final chapter the civil jury is considered in the broader context of how society resolves or manages civil disputes.

Civil Justice, Privatization, and Democracy

Author: Trevor C.W. Farrow

Publisher: University of Toronto Press

ISBN: 144269503X

Category: Law

Page: 400

View: 2270

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Privatization is occurring throughout the public justice system, including courts, tribunals, and state-sanctioned private dispute resolution regimes. Driven by a widespread ethos of efficiency-based civil justice reform, privatization claims to decrease costs, increase speed, and improve access to the tools of justice. But it may also lead to procedural unfairness, power imbalances, and the breakdown of our systems of democratic governance. Civil Justice, Privatization, and Democracy demonstrates the urgent need to publicize, politicize, debate, and ultimately temper these moves towards privatized justice. Written by Trevor C.W. Farrow, a former litigation lawyer and current Chair of the Canadian Forum on Civil Justice, Civil Justice, Privatization, and Democracy does more than just bear witness to the privatization initiatives that define how we think about and resolve almost all non-criminal disputes. It articulates the costs and benefits of these privatizing initiatives, particularly their potential negative impacts on the way we regulate ourselves in modern democracies, and it makes recommendations for future civil justice practice and reform.

Social Work Practice and the Law

Author: Dr. Lyn K. Slater, PhD,Kara R. Finck, JD

Publisher: Springer Publishing Company

ISBN: 0826117678

Category: Social Science

Page: 440

View: 5899

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"This is the first book to give social workers the tools to understand their clients' legal needs and rights and to address them collaboratively and effectively. Lyn Slater and Kara Finck ground their text in a comprehensive grasp of the legal system and the inequities of race, class, and gender that shape clients' experiences. Social Work Practice and the Law is a powerful call for social workers to be passionate and skillful advocates for their clients. Essential reading for social workers and lawyers alike who serve low-income people entangled in systems that so often fail them." Dorothy Roberts, JD Kirkland & Ellis Professor, Northwestern University School of Law Author, Shattered Bonds: The Color of Child Welfare Based on the author's innovative and nationally recognized prototype for inter-professional work at Fordham University, this is the only volume about social work and the legal system that is written from the social worker's perspective. Devoid of "legalese," the book is designed to help social workers develop the ability to reappraise, question, and challenge the law to best serve their clients. It aims to promote the development of a more strategic relationship with the legal system-a partnership that can achieve more creative and just solutions to social problems. Exhaustive in scope, Social Work and the Law identifies current national and international trends and legal movements that support and invite inter-professional, critically competent social work participation. The book also identifies and explains the essential knowledge, skills, values, and attitudes necessary for the attainment of collaborative critical competence when interacting with the legal system. Each chapter includes vivid case studies based on actual collaborations that illustrate the application of theory to practice. Chapters also include legal, social work, and evidence-based resources. Key Features: Promotes a proactive approach to the ways in which social workers can use law to promote clients' best interests Addresses all domains of social work practice-child welfare, housing law, educational access, disability law, benefits, and more Offers abundant case studies taken from the authors' real-life work Devoid of "legalese" and written from a social worker's perspective

The Australian Trade Practices Act 1974

Proscriptions and Prescriptions for a More Competitive Economy

Author: D.K. Round

Publisher: Springer Science & Business Media

ISBN: 9401583242

Category: Business & Economics

Page: 238

View: 6175

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This book presents a collection of papers which evaluate the achievements of the Australian Trade Practices Act 1974 in making Australian markets more competitive. The contributors have all played major roles in Australian and New Zealand antitrust actions, either as expert economic witnesses, as antitrust enforcers, as judges or as quasi-judicial administrators. No other publication presents such in-depth economic analysis of the Act and the cases decided under it in its first two decades of its operation. As well as an introductory paper, this collection includes a foreword by the Hon. George Gear, Assistant Treasurer of the Australian Government and Minister responsible for the administration of the Act, plus two broad analytical overviews of the last two decades of Australian antitrust actions by two economists who have continually been at the heart of antitrust proceedings. In addition, papers are provided which give a judicial view of the Act and economic analysis, which compare the Act with its New Zealand counterpart. Other contributions look in detail at those sections of the Act which cover mergers, misuse of market power, price-fixing and vertical practices. The book shows that the Act has had a major impact on Australian market behavior. Judges, lawyers and economists between them have produced a truly Australian approach to antitrust, which has reflected overseas trends in both law and economics, as well as developed a unique Australian flavor. The book will be of interest to academic and practicing lawyers and economists, judges and corporate executives. It will be essential reading for Australian students in undergraduate courses in antitrust law, business regulation, antitrust economics and industrial organization. It provides by far the most comprehensive economic evaluation of Australian antitrust yet published and so will be the definitive source of information on this topic for non-Australians interested in comparative antitrust legislation and enforcement issues.

American Civil Procedure

A Guide to Civil Adjudication in US Courts

Author: John Bilyeu Oakley,Vikram D. Amar,Vikram Amar

Publisher: Kluwer Law International B.V.

ISBN: 9041128727

Category: Law

Page: 286

View: 2374

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This convenient description of civil procedure in the federal and state courts of the United States will be greatly welcomed by lawyers and legal scholars everywhere. Without going into deep analysis, the book covers every important feature of these legal systems, drawing on the expertise and experience of two well-versed practitioners. As well as the rules, policies, normative principles, and future trends, the authors cite recent cases affecting procedure. Areas covered include sources, judicial organization, exercise of the legal profession, jurisdiction, due process standards, rules of evidence, enforcement of judgements, arbitration, and much more.

Art of Advocacy Series: Preparation of the Case

Author: David B. Baum

Publisher: LexisNexis

ISBN: 1579112722

Category: Law

Page: 1044

View: 339

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A planning guide that takes you from the moment the potential client steps into your office, through all aspects of case preparation, to the moment you step before the judge as an advocate. Covers in detail: • Initial client interview • Investigation of the case • Gathering evidence • Case organization • Initiating lawsuits • Preserving the attorney-client relationship • Retaining an expert • Preparation of demonstrative evidence • Final 100 days First published in 1981. 1 Volume; updated with revisions.