Civil Procedure

Author: A. Spencer
Publisher: West Academic Publishing
ISBN: 9781634592727
Format: PDF, ePub, Docs
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The Revised 4th Edition of Civil Procedure: A Contemporary Approach is updated with references to the impending 2015 amendments to the Federal Rules of Civil Procedure, as well as case law developments since the 2014 publication date of the Fourth Edition. Major recent case law developments included in this revised edition consist of decisions from the Supreme Court addressing personal jurisdiction (Goodyear Dunlop Tires Operations, S.A. v. Brown, 131 S. Ct. 2846 (2011), J. McIntyre Machinery, Ltd. v. Nicastro, 131 S. Ct. 2780 (2011), and Daimler AG v. Bauman, 134 S. Ct. 746 (2014)), federal question jurisdiction (Gunn v. Minton, 133 S. Ct. 1059 (2013)), removal of class actions (Standard Fire Ins. Co. v. Knowles, 133 S. Ct. 1345 (2013)), change of venue and forum-selection clauses (Atl. Marine Constr. Co., Inc. v. U.S. Dist. Court for W. Dist. of Texas, 134 S. Ct. 568 (2013) [now a principal case]), class certification (Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), Amgen Inc. v. Conn. Ret. Plans & Trust Funds, 133 S. Ct. 1184 (2013)), class arbitration waivers (AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011) and American Express Co. v. Italian Colors Restaurant, 133 S. Ct. 2304 (2013)), and offers of judgment (Genesis HealthCare Corp. v. Symczyk, 133 S. Ct. 1523 (2013)). Regarding the impending 2015 amendments to the Federal Rules of Civil Procedure, this revised edition makes reference to them in the text where appropriate. The changes include the "Duke Rules" package, which alters Rules 1, 4, 16, 26, 30, 31, 33 and 34 to make proportionality a main component of the scope of discovery, to eliminate access to subject matter discovery, require early discussions regarding preservation and privilege protection, permit early document requests, and shorten the time permitted to issue scheduling orders and to achieve service of process. The amendment to Rule 37 codifies an approach to preservation and spoliation that favors curative measures unless there is intentional spoliation, in which case more severe sanctions such as adverse inference instructions or dismissal become available. This edition also fully incorporates recent amendments to the Federal Rules of Civil Procedure and to Title 28 of the U.S. Code, including the Federal Courts Jurisdiction and Venue Clarification Act of 2011 and the 2013 amendment to Rule 45 (subpoenas). Finally, the Revised Fourth Edition integrates references to online assessment tools in the Casebook Plus platform. These consist of a bank of 200 multiple-choice questions that provide comprehensive assessment of the topics covered in this book, with detailed feedback consisting of explanations for both correct and incorrect responses. This feature provides an unparalleled opportunity to engage with the material actively as the course progresses and permits students and professors to determine the extent to which the material is being learned.

Federal Civil Rules Supplement

Author: A. Benjamin Spencer
Publisher: West Academic Publishing
ISBN: 9781683287575
Format: PDF
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Receive complimentary lifetime digital access to the eBook with new print purchase. This supplement provides a compact and concise compendium of all of the Federal Rules of Civil Procedure currently in effect including all amendments that have taken effect through December 2016 (no amendments are scheduled to take effect in 2017). It also includes the U.S. Constitution and key provisions of Title 28 of the United States Code. The book's small size and text that is limited to the body of rules and statutes make it a convenient resource for students in civil procedure and complex litigation courses who need quick and easy access to relevant statutory provisions during class or for their studies or exams.

Administrative Law

Author: John M. Rogers
Publisher: Wolters Kluwer Law & Business
ISBN: 1454887192
Format: PDF, ePub, Mobi
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Using a case-oriented approach, the fourth edition of Administrative Law is a case-rich text that focuses on the core issues in administrative law. Lightly-edited cases preserve the feel of reading entire opinions and include facts, content, full analyses, and citations. Introductory material and questions following the cases focus students’ reading and stimulate class discussion. Keystone cases introduce important themes and topics, and helpful notes facilitate keen understanding of legal doctrines. “Theory Applied” sections at the conclusion of major parts offer teachers an opportunity to evaluate students’ grasp of the materials in new factual and legal contexts.

Contract Law in Focus

Author: Michael B. Kelly
Publisher: Wolters Kluwer Law & Business
ISBN: 1454880058
Format: PDF, ePub
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Providing a comprehensive, practice-oriented approach to the legal and practical aspects of contract law, Contract Law In Focus offers realworld scenarios throughout give students numerous opportunities to apply and solidify their understanding of important concepts. Clear explanatory text, Case Previews, and Case Follow-ups further clarify the doctrine and aid in student understanding. This text begins with a helpful introduction to the study of contract law, providing basic information about the way contracts are governed in the United States. It then introduces formation of contracts, covering offer, acceptance, consideration, and exceptions to consideration. The casebook moves on to provide clear and comprehensive discussions of defenses, excuses, and remedies for breach. By effectively synthesizing the statutory law, common law, relevant rules, and secondary sources, while offering a focus on understanding contract law -- as it developed in the past, exists today, and will evolve in the future -- the authors have created an indispensable guide for students learning contract law.

Property

Author: JOHN. COLETTA SPRANKLING (RAYMOND.)
Publisher: West Academic Publishing
ISBN: 9781634606509
Format: PDF
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This casebook is designed to introduce property law to 21st century law students. It presents the core concepts of property law in a streamlined format that is clear and easy to understand, while maintaining the intellectual challenge of the subject. The book covers the standard property topics with a blend of familiar and modern cases selected to appeal to today's students. It also includes sections on intellectual property and environmental law. As with other books in the Interactive Casebook Series, the accompanying electronic version allows students immediate access to the full text of cited cases, statutes, articles, and other materials in the Westlaw database. In addition, the electronic version includes over 200 photographs, maps, diagrams, original documents, and audio clips that help students understand the case materials, together with more than 300 multiple choice questions and answers so that students can assess their progress.

Problems and Simulations in Evidence

Author: Thomas F. Guernsey
Publisher: LexisNexis
ISBN: 0327176334
Format: PDF, Mobi
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Using both problems and simulations, this set of materials is designed to teach the reader to approach Evidence in a systematic manner; to analyze both legal doctrine and the factual setting in which that doctrine works. Perhaps the most unique aspect of these materials is the use of simulation. While many of the simulations contained in this book are done in the classroom and involve direct and cross-examination, many others involve non-courtroom situations and are designed to be performed outside the classroom. Many of the simulations performed outside the classroom are followed by questionnaires. When these questionnaires are answered after the exercise, they should provide immediate feedback on the reader's understanding of the evidentiary principles involved. Like the prior edition published in 2004, this new edition analyzes both legal doctrine and the factual setting in which that doctrine works, thus allowing professors to teach evidence in a systematic manner. Problems and Simulations also enables professors to integrate practical skills and values into their evidence course. Additionally: • Each chapter in the book includes realistic examples of how the evidentiary rule discussed is used in practice; • The problems within each chapter or section begin with basic concepts and build in complexity; • Many problems are presented in the context of witness examinations (often word for word from transcripts); • There are problems involving interviewing, counseling, negotiation, fact investigation, office policies and the like; and • Simulations are also included with the problems and integrated throughout the book While many of the simulations included in the book are to be used in the classroom and involve direct and cross-examination. There are also many simulations involving non -courtroom situations that can be performed outside the classroom. The simulations performed outside the classroom are followed by questionnaires designed to provide immediate feedback on students understanding of the evidentiary principles involved. This new edition also contains two Performance Tests to expose students to the type of examination they likely will take after law school. The author originally wrote these performance tests for the California Bar Examination as a member of its Performance Test Editing Team.

Capital Punishment and the Judicial Process

Author: Randall Coyne
Publisher:
ISBN: 9781594608957
Format: PDF
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Capital Punishment and the Judicial Process provides comprehensive coverage of a number of issues, including the philosophical debate over the death penalty, constitutional challenges to the death penalty, the modern death penalty scheme, jury selection, capital sentencing, ineffective assistance of counsel, state appeals and post-conviction, federal habeas corpus, federal death penalty, and international law. The materials are kept up to date through annual supplements and letter updates.

Corporations

Author: Alan R. Palmiter
Publisher: West Academic Publishing
ISBN: 9780314284044
Format: PDF, Docs
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This book is an accessible text for a Corporation law course and one readily adaptable to a Business Associations course. The clear, accessible narrative that students love is now everywhere, not just in selected sections. A new and updated online companion site includes Power Points, class outlines, quizzes and other materials. The second edition includes key updates on cases and legal concepts, including Citizens United, Dodd-Frank and say-on-pay. The "other entities" materials are flexible so professors can customize, large or small.

Off and Running

Author: Angela C. Arey
Publisher: Wolters Kluwer Law & Business
ISBN: 1454836156
Format: PDF, Docs
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Off and Running is a unique text for the first semester of the 1L legal writing and research course, designed to guide students through their development of the essential skills needed to practice law. Using a single, classroom-tested fact pattern, the authors demonstrate in concrete steps how a first-year associate might approach a legal problem. Students practice these steps and skills on other fact patterns, as they read about this fictional associate. Using this fresh approach and a plain-English writing style, the authors introduce essential concepts and skills related to objective legal writing and legal research, with a particular emphasis on the professional and ethical representation of clients. Students learn how to think like a lawyer. Features: Fully integrated coursebook for first semester of 1L LRW course. Integrates research, analysis, and writing. Emphasis on how skills relate to the practice of law, with focus on both litigation and transactional applications. Professionalism and ethics discussions, including and"ethics alertand" boxes, are integrated throughout the text. Presents one classroom-tested fact pattern to demonstrate how to i.d. the issues in the fact pattern, use legal resources to research those issues, and use the research results to write documents such as an objective memorandum and a client letter. Professors may assign different fact patterns, set in other jurisdictions, to have students demonstrate their skills. They may also assign a closed-universe problem during the early weeks of the semester. Other chapters cover an overview of the U.S. legal system, the basics of grammar, punctuation and style; how to use e-mail effectively; and incorporating LW principles into litigation and transactional documents. Book takes a streamlined approach, focusing on the essentials and using plain English, in order to remain accessible to students

Federal Courts

Author: Donald L. Doernberg
Publisher:
ISBN: 9780314283689
Format: PDF, ePub, Docs
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The text is largely structured as before, but offers new teaching/learning possibilities because of the interactive features. There has been major restructuring of Chapters 1 (Justiciability) and 11 (Habeas Corpus) to make them more teachable. Chapter 3 reflects changes in the Court's approach to federal-question jurisdiction, with Merrell Dow fading into the background, replaced by Grable and Gunn v. Minton. The text also includes the two significant standing cases decided at the very end of the October 2012 Term: Hollingsworth v. Perry and Windsor v. United States.