Contemporary Approaches to Trusts and Estates

Author: Susan N. Gary,Jerome Borison

Publisher: Aspen Publishers

ISBN: 9780735589278

Category: Law

Page: 983

View: 7995

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Contemporary Approaches to Trusts and Estates uses cases and statutory materials along with exercises and problems to integrate legal analysis and practice skills. This innovative casebook: Proceeds chronologically, covering lifetime planning issues before wills. Uses extensive textual explanations to present the law and its many nuances. Consistent with the call in the Carnegie Report for schools to add more practice skills to the curriculum, includes exercises in document drafting, role-playing, and letter writing to clients. Reproduces statutory materials and the Restatement, so that no separate supplement is required. Explores the ethical obligations of estate planning lawyers using the MRPC and the ACTEC Commentaries. Presents contemporary cases, such as Feinberg, Kuralt, and Schiavo, which reflect the development of the law into the 21st century. Includes fact-based problems, requiring students to explore cases, the UPC, the UTC, and other statutes, as well as the MRPC, in depth.

Contemporary Trusts and Estates

Author: Susan N. Gary,Jerome Borison,Naomi R. Cahn,Paula A. Monopoli

Publisher: Wolters Kluwer Law & Business

ISBN: 145488343X

Category: Law

Page: 942

View: 6475

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The third edition of Contemporary Trusts and Estates captures the rapid evolution of doctrine in trusts and estates law that has occurred over the past half-century in response to profound societal and demographic changes. Based on recent developments in legal education, this casebook integrates legal analysis, judgment and perspective, ethics, and practice skills. It focuses simultaneously on the theoretical foundations and practical applications of the material, teaching students by using traditional case analysis and, at the professor’s option, innovative exercises. Features: Newly designed, with Wills now presented before Trusts New problems, exercises and cases ¿ Post-Obergefell v. Hodges developments for same-sex families More material on decanting and the new Uniform Trust Decanting Act Inclusion of the Uniform Powers of Appointment Act Discussion of planning for digital assets Incorporation of 2016 ACTEC Commentary on the Model Rules

Estates in Land and Future Interests

A Step-by-Step Guide

Author: Linda H. Edwards

Publisher: Wolters Kluwer Law & Business

ISBN: 1454887214

Category: Law

Page: 272

View: 5240

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The fifth edition of Estates in Land and Future Interests combines graphics, text boxes, and pedagogical techniques especially helpful to visual learners to teach the basics of estates and future interests, a particularly confusing subset of first-year property. One central graphic — a flow chart used to identify the state of the title after a particular conveyance — links various estates to the future interests that follow them. The complete flow chart appears on the inside back cover for easy reference. The book is useful both in class and as a practice book for self-guided learning outside class, thus reducing necessary syllabus time. Its step-by-step, process approach breaks up analytical tasks into smaller pieces, reducing the degree to which students get lost in the material. The book anticipates the most common areas of student confusion and resolves them before they occur. Written in clear, simple language, with short paragraphs and chapters, Estates in Land and Future Interests features an open, attractive design enhanced by graphics to make the material easier to understand.

Evidence and the Advocate: A Contextual Approach to Learning Evidence

Author: Christopher W. Behan

Publisher: LexisNexis

ISBN: 0327175044

Category: Law

Page: 736

View: 5677

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Evidence and the Advocate teaches each rule of evidence using a three pronged approach: (1) a treatise-like explanation of the rule, its purposes, exceptions and foundations; (2) cases, discussion questions and hypothetical problems related to the rule; and (3) an application section in which the students must prepare a courtroom exercise putting the rule into action. This approach forms a teaching template for each rule of evidence. Each application exercise stands alone and has been designed to illuminate the rule being taught. The application exercises range from simple form-of-question drills to full-fledged evidentiary hearings. Some require minimal preparation, and others require significant out-of-class research and preparation. In the exercises, students serve as attorneys, witnesses, judges, and, in the more involved exercises, as a court of appeals. The exercises build on each other. The initial exercises focus on fundamental advocacy skills such as conducting a direct examination or laying the foundation for an exhibit. Later exercises incorporate these foundational skills for more complicated tasks such as writing a motion, impeaching a witness, or conducting a Daubert hearing on the reliability of expert testimony.

Wills, Trusts, and Estates

The Essentials

Author: Reid Kress Weisbord,David Horton,Stephen K. Urice

Publisher: Wolters Kluwer Law & Business

ISBN: 1454897554

Category: Law

Page: 678

View: 7015

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Written by well-recognized scholars in the field, Wills, Trusts, and Estates: The Essentials by Reid Weisbord, David Horton, and Steven Urice provides a unique platform for teaching Trusts and Estates as an accessible, engaging area of the law. As its title implies, Essentials covers only the core legal doctrines and does so in a concise, straightforward format that focuses on practical application rather than theory. The organizational structure of each chapter facilitates student learning by providing: (1) a clear explanation of the doctrine in plain English, (2) an excerpt of relevant statutory authority where applicable, (3) an illustration of the doctrine through a carefully-selected judicial opinion, and (4) an application of the doctrine in a problem set. Each judicial opinion is followed by a series of questions, as well as narrative answers to each question. The problem sets, which are heavily emphasized, simulate the practice of law in a realistic T&E setting. Key Features: Makes a challenging course uniquely accessible. Plain English explanation of legal doctrine at the beginning of each section helps ensures students have a basic foundation of substantive knowledge, allowing the professor to focus classroom discussion on applying the doctrine. Delivers well-edited judicial opinions in a format that allows students to achieve mastery of the materials before entering the classroom. Emphasizes problem-solving through detailed problem sets that allow students to apply newly learned legal doctrine to real-world situations. Offers concise, yet comprehensive coverage. All core Trusts & Estates topics are covered in fewer than 650 pages.

The Counselor-at-Law: A Collaborative Approach to Client Interviewing and Counseling

Author: Robert F. Cochran, Jr.,Martha M. Peters

Publisher: LexisNexis

ISBN: 163281675X

Category: Law

Page: N.A

View: 1419

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This eBook takes a collaborative approach to legal interviewing and counseling. It suggests that clients will be best served when lawyers and clients work together to resolve problems. Under a collaborative decision-making model, the client controls most decisions, but the lawyer structures the process and provides advice in a manner that is likely to yield wise decisions. The Counselor-at-Law explores the major approaches to legal interviewing and counseling and outlines the available research on the psychology and the sociology of clients and lawyers. This eBook explores communication and decision-making theory, memory and recall, power and submission, personality types, and ethics. From this base, the authors construct a model of interviewing and counseling based on the techniques that are effective in real-life encounters. They also include psychological type theory and explain how it can be used to improve a lawyer's communication, interviewing, and counseling skills. This innovative casebook provides students with a template for effective legal interviewing and counseling. The most effective legal counselors are the ones instilled with respect for the client, cognizant of building rapport, aware of the psychological dynamics of the lawyer-client relationship, and equipped with technical communication skills to gather information without sacrificing rapport. This eBook features links to Lexis Advance for further legal research options.

Constitutional Law

A Contemporary Approach

Author: Gregory Maggs,Peter Smith

Publisher: West Academic Publishing

ISBN: 9781683281283

Category:

Page: N.A

View: 7056

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The fourth edition of the casebook, which is suitable either for a one- or two-semester course, strives to make constitutional law easily teachable and readily accessible for students. The authors have selected the cases very carefully and provided extensive excerpts of the opinions so that students get a good sense of the Court's reasoning. Text boxes call the students' attention to important aspects of each opinion, and the book is filled with introductions, points for discussion, hypotheticals, and executive summaries. The authors present a diversity of views on every subject, and, reflecting some of their own disagreements, the authors have written point-counterpoint discussions on many disputed questions.

Advanced Legal Writing

Theories and Strategies in Persuasive Writing, Third Edition

Author: Michael R. Smith

Publisher: Wolters Kluwer Law & Business

ISBN: 1454819170

Category: Law

Page: 416

View: 2637

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With a practical focus on persuasive writing strategies, Advanced Legal Writing: Theory and Strategies in Persuasive Writing explores three classical techniques: logos, pathos, and ethos, and provides students with a thorough introduction to the elements of rhetorical style. Unlike many other advanced legal writing texts, which tend to focus on a document-specific approach, this unique coursebook focuses on classical writing strategies that students can apply to a wide range of settings. The depth and scope of this text make it appropriate for upper-level legal writing courses. The Third Edition has been expanded to include the use of movies and other popular culture media in chapters dealing with literary references. There have also been substantial revisions to the chapter on policy. Features: Comprehensive coverage of the technical aspects of rhetorical style: metaphor, literary allusion, and figures of speech. Emphasizes theory as well as practice, building on three basic strategies of persuasive legal writing: Logos: Logic and rational argument. o Pathos: Value-based argument. Ethos: Establishing credibility. Highlights interdisciplinary contributions to persuasive writing from diverse fields, including cognitive psychology, classical rhetoric, and morality theory. Presents effective strategies that extend beyond the trial or appellate brief to a broad range of documents and settings. Covers new developments in cognitive psychology, pathos, persuasion, and the role of metaphor in persuasive legal writing. Depth and scope appropriate for upper-level legal writing classes. Thoroughly updated, the revised Third Edition offers: Substantial revisions to the chapter on policy. Expanded chapters on literary references now include other media, e.g., movies and other pop culture platforms.

Emanuel Law Outlines for Wills, Trusts, and Estates Keyed to Sitkoff and Dukeminier

Author: Peter T. Wendel

Publisher: Wolters Kluwer Law & Business

ISBN: 1454896485

Category: Law

Page: 426

View: 2550

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Any law school graduate will tell you that when picking your outline tool you need to pick the best because your outlines are the most important study tool you will use throughout your law school career. Developed by legendary study aid author Steve Emanuel, Emanuel® Law Outlines (ELOs) are the #1 outline choice among law students. An ELO ensures that you understand the concepts as you learn them in class and helps you study for exams throughout the semester. Here's why you need an ELO from your first day of class right through your final exam: ELOs help you focus on the concepts and issues you need to master to succeed on exams. They are easy to understand: Each ELO contains comprehensive coverage of the topics, cases, and black letter law found in your specific casebook, but is explained in a way that is understandable. The Quiz Yourself and Essay Q&A features help you test your knowledge throughout the semester. Exam Tips alert you to the issues and fact patterns that commonly pop up on exams. The Capsule Summary provides a quick review of the key concepts covered in the full Outline—perfect for exam review!

Legal Writing Exercises

A Case File and Formula-based Approach to Legal Reasoning

Author: Stephanie J. Thompson

Publisher: West Academic Publishing

ISBN: 9780314263957

Category: Law

Page: 367

View: 2258

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This workbook, designed to accompany any legal writing text, provides a step-by-step approach to objective and persuasive legal writing. It draws upon three case files to instruct students on the essential components of an objective memorandum and a persuasive brief. Each case file begins with a fact pattern and relevant legal authority, followed by a series of worksheets covering the essential components of an objective memorandum and a persuasive brief. Each worksheet includes brainstorming questions and writing formulas to allow students to master an approach to legal writing they can use throughout their careers.

The Practice of Mediation

A Video-Integrated Text

Author: Douglas N. Frenkel,James H. Stark

Publisher: Aspen Publishers

ISBN: 1454870230

Category: Law

Page: 592

View: 6301

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This widely-adopted, all-original book was the first in the field to combine complete analysis of the mediation process with integrated video case studies illustrating the full range of mediation skills. Engaging text is keyed to seven hours of online video, featuring three different cases, all based on actual disputes: a child custody case, a small claims consumer dispute, and a complex negligence suit. These unscripted mediations were conducted by mediators and lawyers with a variety of backgrounds and styles. The video includes an extended comparative example of facilitative and evaluative mediation of the same matter. The integration of text and video in The Practice of Mediation: A Video-Integrated Text, Third Edition enriches students’ understanding and allows classroom and clinical instruction to proceed more rapidly and on a far more sophisticated level. New to the Third Edition: New end-of-chapter problems to aid assessment of student learning New or expanded coverage of biases and their impact on negotiators; pre-mediation contacts with parties; and increasing mediator use of caucuses to open the process Newly designed problems on the ethics of mediating New video clips on mediator influence and persuasion Professors and students will benefit from: Practice- and research-based analysis of negotiations and why they fail Contextualized model of the role and effective skills of the mediator, applicable across the entire range of disputes Exploration of fundamental norms of the process and, through real case problems, the ethics of mediating Video and case-based introduction to the role and skills of representing a client in mediation

Negotiating Business Transactions

An Extended Simulation Course

Author: Daniel D. Bradlow,Jay Gary Finkelstein

Publisher: Wolters Kluwer Law & Business

ISBN: 1543801242

Category: Law

Page: 336

View: 2271

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The only offering of its kind, Negotiating Business Transactions: An Extended Simulation Course contains facts and contextual materials, negotiating instructions for each side, and background readings on all aspects of the transaction. The text is an introduction to both negotiations and transactional legal practice, and meets the ABA practical skills requirements. By bringing a business deal into the classroom, the text helps students study objectives, structures, and strategies and learn by doing in a setting where mistakes become lessons--not malpractice. The text enables students to develop negotiating and drafting skills as they experience the ""real time"" challenges of negotiating deals. Students explore the interaction between business and legal issues in the context of structuring those deals. Then, they can apply what they have learned to produce a solution that meets the client's objectives and is acceptable to the counterparty. Finally, by understanding the social and environmental impacts of business transactions, students can more fully explore issues of professional responsibility in negotiations. Student response has been consistently and overwhelmingly positive. Features: meets ABA practical skills requirements contains simulation materials facts and contextual materials negotiating instructions for each side background readings on all aspects of the transaction introduction to both negotiations and transactional legal practice brings a business deal into the classroom to study objectives, structures and strategies an opportunity to learn by doing in a setting where mistakes are lessons, not malpractice enables students to: experience the ""real time"" challenges of negotiating a business deal explore the interaction between business and legal issues in the context of negotiating and structuring a business deal apply legal knowledge to produce a business solution that meets the client's objectives and is acceptable to the counterparty develop negotiating and drafting skills understand the social and environmental impacts of business transactions examine professional responsibility issues in negotiations student response is consistently and overwhelmingly positive syllabus alternative class formats sample lecture outlines for issues raised by the simulation sample PowerPoint slides debriefing issues

Pretrial

Author: Thomas A. Mauet

Publisher: Wolters Kluwer Law & Business

ISBN: 1454860073

Category: Law

Page: 528

View: 4563

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This clear and concise book organizes pretrial planning into a series of steps students can easily master. The book s methodology includes providing students sample documentation for each stage of the civil case. Expanded discussion on use of internet for fact investigations New material on liens on settlements Coverage of new Supreme Court cases and the general notice requirements for claims

Work of the Family Lawyer

Author: Robert E. Oliphant,Nancy Ver Steegh

Publisher: Wolters Kluwer Law & Business

ISBN: 1454877618

Category: Law

Page: 992

View: 1525

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More concise and practice-focused than traditional casebooks, Work of the Family Lawyer, 4E integrates the study of fundamental family law principles with analysis of the policy challenges and practical problems faced by today s family lawyers. The Reflective Questions, which follow narrative sections of the book, help to stimulate analysis and spark classroom discussion, and the flexible design makes the book an effective learning tool for traditional classrooms, simulated courses, and in clinical settings. Features: Reflective Questions follow narrative sections of the book to stimulate analysis and spark classroom discussion. Reduced number of chapters with deleted material merged into existing chapters.

Marijuana Law, Policy, and Authority

Author: Robert A. Mikos

Publisher: Wolters Kluwer Law & Business

ISBN: 1454887958

Category: Law

Page: 750

View: 6527

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Marijuana Law, Policy, and Authority is a first-of-its-kind law school casebook in a rapidly-emerging and exciting new field. The accessible, comprehensive, and engaging material guides students through the competing approaches to regulating marijuana, the purposes and effects of those approaches, and the legal authorities for choosing among them. The helpful organization intersperses these issues of substantive law, policy, and authority throughout the discussion of users, suppliers, and third parties. Substantive law materials cover either prohibitions or regulations targeting users, suppliers, or third parties. Policy materials cover the goals of marijuana law and policy as well as the research on the impact of different marijuana policies. Authority materials address the different levels of government—federal, state, and local. Notes, questions, and numerous problems in each chapter provide additional thought-provoking material and help to reinforce student learning. Current, news-headlining cases keep the discussion interesting and lively. Key Features: Internationally renowned author Robert Mikos is the premier authority on marijuana law. He draws upon nearly a decade of professional experience teaching, lecturing, consulting, and writing about marijuana law and policy. Three distinct but inter-woven topics are covered: the substantive law governing marijuana; the policy rationales behind and outcomes produced by different approaches to regulating the drug; and the legal authority to regulate the drug. Students are guided through the multi-faceted legal and policy issues now confronting lawyers, lawmakers, judges, and policy analysts working in this emerging field. Written in a style that is familiar to law students, but also accessible to a much broader audience, including graduate and upper level undergraduate students in courses in policy studies, political science, and criminology. Cutting-edge issues are included that are intellectually engaging for students and professors alike—e.g., how are conflicts between state/ federal law resolved? What are the roles of courts and executive officers in terms of policy? Dives deeply into classic legal issues: contract enforceability and powers of court, Congress, and the state. Notes and Questions following cases offer stimulating fodder for discussion.

Advanced Appellate Advocacy

Author: Susan E. Provenzano,Sarah O. Schrup,Carter G. Phillips,Jeffrey T. Green

Publisher: Wolters Kluwer Law & Business

ISBN: 1454847204

Category: Law

Page: 416

View: 3481

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Advanced Appellate Advocacy is a mastery textbook, designed to bridge students from second and third semester writing courses to appellate simulations and clinics that involve substantial writing projects. Because it offers a robust appellate education, conveying the creativity, strategy, and sophistication behind real appeals, the text can also serve as a handbook for new lawyers entering appellate practice. This textbook is a first-of-its kind collaboration among authors with decades of appellate practice and clinical and legal writing teaching among them. The author team includes Carter Phillips, one of the most highly rated Supreme Court advocates of our time. Advanced Appellate Advocacy also uses charts, diagrams, and reflection questions to engage readers, and practice pointers based on the authors' interviews with appellate specialists and their own practice experiences are sprinkled throughout the chapters. The text is enriched by an on-line companion that houses all of the text's exercises, additional briefs and working documents, and interviews with prominent appellate practitioners. Features: Organized to track the progress of an appeal, the text offers students explicit process-based guidance linked to each phase Going Beyond IRAC, the text teaches more flexible, sophisticated writing approaches, illustrating them with models from expert appellate briefs Includes charts, diagrams, examples, and reflection questions

Modern Trial Advocacy: Law School Edition, Fourth Edition

Author: Steven Lubet

Publisher: LexisNexis

ISBN: 1601565747

Category: Law

Page: N.A

View: 1283

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The Fourth Edition of Modern Trial Advocacy: Law School Edition presents a realistic and contemporary approach to learning and developing trial advocacy skills. Dedicated to the law student, the book contains a "Trial Basics" chapter, which discusses what happens in a trial and the role the advocate plays. The Law School Edition has checklists that guide students in their performance. This edition also includes: • a brand new chapter on using electronic visuals and technology in the courtroom; and • new enhanced video content—top NITA faculty demonstrate the core techniques discussed in the book so you can observe and learn these skills in a new way. NITA's best-selling text, Modern Trial Advocacy, has set the standard for trial advocacy texts since 1993. All of NITA's renowned full trial programs use the text, as do prominent law schools nationwide. The authors guide the beginning advocate from developing a winning case theory through all phases of trial, explaining how to present a case as a story, and how to tell the story to the jury powerfully and persuasively.

Researching the Law

Finding What You Need When You Need It

Author: Amy E. Sloan

Publisher: Wolters Kluwer Law & Business

ISBN: 1454887125

Category: Law

Page: 168

View: 3850

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Concise new title by the top author in legal research. Focuses on pre-and post-search analysis for effectively filtering vast amounts of material. Teaches students how to identify the most pertinent and authoritative information to solve a legal problem. Features: Concise, reasonably priced new title from the top legal research author. Approaches legal research as a filtering process to identify the most pertinent and authoritative information from vast search results. Part I: Explains how to define a research question; pre-filter content before beginning a search; conduct research; and establish post-search criteria for filtering results. Part II: Describes essential features of individual sources of authority and search strategies unique to each source. Part III: Contains research flowcharts to help students plan research strategy for different types of research projects. Contains all information students need to learn fundamental principles of legal research. Can also be used to complement other texts and classroom materials. Not simply a shorter version of Basic Legal Research. Looks at research as a process of filtering the available information, rather than as a process that requires first choosing the right source of authority to solve a legal problem.