Pretrial Advocacy

Planning, Analysis, and Strategy

Author: Marilyn J. Berger,John B. Mitchell,Ronald H. Clark

Publisher: Wolters Kluwer Law & Business

ISBN: 1454870001

Category: Law

Page: 816

View: 5445

Pretrial Advocay: Planning, Analysis, and Strategy, Fifth Edition provides an excellent conceptual and practical foundation for pretrial litigation for both teachers and students. Pretrial Advocay covers both criminal and civil pretrial practice, with a focus on federal and state litigation. Professional responsibilty and civility are emphasized through the text. Checklists of skills, techniques, and ethics, which appear in each chapter, as well as 79 assignments, designed for student role-play performances, allow for greater student comprehension. Features New complete password-protected website (aspenadvocacybooks.com) containing: Streaming videos 79 assignments for role-play skills performances, such as drafting pleadings and taking and defending a deposition Drafting demand letters and mediation briefs with a step-by-step explanation of how to draft effective demand letters and mediation bries with examples Pleadings Chapter newly revised and enhanced Up-to-date Rules changes are incorporated

Pretrial Advocacy

Planning, Analysis, and Strategy

Author: Marilyn J. Berger,John Barry Mitchell,Ronald H. Clark

Publisher: Aspen Publishers

ISBN: 9781454822318

Category: Law

Page: 687

View: 8086

Thoroughly updated and revised, Pretrial Advocacy: Planning, Analysis, and Strategy, Second Edition, provides an excellent conceptual and practical foundation for pretrial litigation. With a new page design that makes it user friendly for both teachers and students, it demonstrates the realities of law practice while maintaining an emphasis on case theory. This Newly Revised Edition: DVD with video of the crime scene, deposition demonstrations, computer animations, and software slideshow Checklists at the end of each chapter for easy reference and teachability CD with Case Files for civil and criminal cases with realistic document New Teacher's Manual, including a CD with Actors Guide (Witness materials for role-play of the Assignments) Website for faculty and students: digital downloads, faculty teaching tools and discussion, articles on pretrial and trial advocacy, settlement, and links to software New Chapters in the Second Edition: Taking and Defending Depositions, with effective techniques and strategies Discovery with E-Discovery emphasis Creating Visuals: for pretrial, trial and settlement featuring technological innovations 77 Assignments for student role-play performance and Discussion Questions featuring Daubert issues and diverse expert witness fields Up-to-date ethical considerations based on the ABA Model Rules are included in the text and assignments

Trial Advocacy

Planning, Analysis, and Strategy

Author: Marilyn J. Berger,John B. Mitchell,Ronald H. Clark

Publisher: Wolters Kluwer Law & Business

ISBN: 1454849584

Category: Law

Page: 564

View: 1316

Trial Advocacy: Planning, Analysis, and Strategy conveys a clear understanding of the trial process, how lawyers think, and the strategies and techniques of trial persuasion. Updated throughout, the timely Third Edition provides checklists in each chapter as a useful teaching aid. Topical coverage has been expanded to include discussion of Internet interference during trial and the use of focus groups, trial simulations, and technology in trial preparation. A leader in the field, Trial Advocacy offers: a thorough and lucid overview of the trial process balanced coverage of practice and theory informative discussion of how trial lawyers think and act how litigators use state-of-the-art technology trial persuasion strategies and techniques a thoughtful look at the ethical and legal boundaries of trial advocacy More of what's new in the Third Edition: new coverage of bench-trial advocacy a comprehensive treatment of courtroom evidence how to satisfy the judge's expectations of counsel

Pretrial

Author: Thomas A. Mauet

Publisher: Wolters Kluwer Law & Business

ISBN: 1454860073

Category: Law

Page: 528

View: 4051

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

Criminal Procedure: Adjudication

Author: Erwin Chemerinsky,Laurie L. Levenson

Publisher: Wolters Kluwer Law & Business

ISBN: 1454882980

Category: Law

Page: 756

View: 883

Focusing on the adjudicative phase of criminal procedure, Criminal Procedure: Adjudication, Third Edition combines Laurie L. Levenson’s first-hand experience in the criminal justice system with Erwin Chemerinsky’s student-friendly writing style. This volume examines the impact of a host of recent developments in the courts and legislature on the trial process. It eschews reliance on rhetorical questions and law review excerpts in favor of comprehensive exploration of black letter law and trendsetting policy issues. The book utilizes a chronological approach that guides students through criminal procedure doctrine. In addition to presenting the perspectives from various stakeholders (i.e., defense attorneys, judges, prosecutors, and victims), the authors take care to provide students with useful, practice-oriented materials, including pleadings and motions papers. Criminal Procedure: Adjudication not only employs a systemic approach that takes students through issues from policy to application of legal doctrine but also introduces issues at the forefront of modern criminal procedure debates. Key Features: Straightforward writing style and clear, dynamic text that is uncluttered with law review excerpts and features thoughtfully edited principal and minor cases. Intuitive chronological presentation of topics. Systematic and cohesive exploration of policy on every issue, before moving on to the specifics of doctrine. Practice-oriented features and discussion of important, modern criminal procedure issues. Approachable organization based on common progression through criminal justice system. Straight writing style that relies on cases and author essays rather than law review excerpts and strict Socratic rhetoric questions. Practice-oriented features, discussion of modern policy issues, useful example documents for practitioners. Useful examples for future and current criminal law practitioners.

Legal Studies Capstone: Assessing Your Undergraduate Education

Author: Nance Kriscenski,Thomas (Tucker) Wright

Publisher: Cengage Learning

ISBN: 1133418988

Category: Law

Page: 224

View: 9685

LEGAL STUDIES CAPSTONE: ASSESSING YOUR UNDERGRADUATE EDUCATION provides an opportunity for students to review, enhance and demonstrate their knowledge and practical application of the law. Achievement of learning objectives is shown through development of a portfolio of student work and a successful score on a comprehensive exam. Measurable learning objectives are detailed for each unit, with discussion questions, portfolio assignments and exam questions designed to measure the attainment of each outcome. Job search, continuing education, ethical obligations and technology skills are addressed, and students organize related documentation to prepare for post-graduation endeavors. These units are followed by summaries of core substantive and procedural areas of law, providing students with a review of prior studies as well as a gap-filler for keys areas essential to success in the workplace, continuing education, or certification and employment exams. Students can evaluate their knowledge of the law through review of questions and answers provided in the comprehensive exam in Appendix A. Portfolio assignments display their ability to draft pleadings, prepare contracts, complete forms and report research results for review by a prospective employer or as reference for future assignments. The Glossary and Other Resources listed in Appendix B assist in fostering successful outcomes in both portfolio development and the assessment exam. In addition to the benefits to students, this text offers guidance to educational programs undertaking a meaningful assessment of learning outcomes. Review of student portfolios and success rates on the comprehensive substantive assessment present student data to be utilized in continuous curriculum development. The Instructor's Resources include a sample course outline, exit exam and portfolio grading rubric. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Evidence for Paralegals

Author: Marlowe

Publisher: Wolters Kluwer Law & Business

ISBN: 0735590133

Category: Law

Page: 368

View: 9305

Clearly written textbook that helps students understand how evidentiary principles are applied in real-life situations. Text focuses on the practical applications of the Federal rules of Evidence and how the rules relate to paralegal practice. Features: Covers a full range of topics, including gathering evidence, interviewing witnesses, and researching. Written from a real-life perspective, showing how actual practice works in local, state, and federal court. Pedagogy in text developed for paralegal students, and includes short case summaries, readable examples, marginal definitions of terms, marginal cross-references to the Rules of Evidence, review questions, and hypotheticals. Short, concise presentation is ideal for paralegal courses. Updated with changes to the Federal Rules of Evidence. Updated with new cases. New hypotheticals and discussion questions added.

Skills & Values: Discovery Practice

Author: David I.C. Thomson

Publisher: LexisNexis

ISBN: 1632812231

Category: Law

Page: N.A

View: 743

Skills & Values: Discovery Practice is designed to serve as an introduction to the practical application of the discovery rules. The book and the companion Web Course introduce each discovery topic briefly and then provide a context and structure for exercises and self-study. Skills & Values: Discovery Practice can be used by a professor teaching a full pre-trial course, or one focused just on discovery law. It can be used alone or in conjunction with another pre-trial text. It can be used with the problem set provided in the appendix and in the Web Course or with a professor?s own problem set. It also can be used in a mentorship program in a civil litigation law firm. Each chapter of the book offers an introduction to the key aspects of discovery and then offers exercises that focus on the governing Federal Rule of Civil Procedure (FRCP). The chapters are organized in the order that the discovery rules are most commonly used. The exercises at the end of each chapter ask the student to put the governing rules into action by actually drafting the discovery documents described in the preceding chapter. The book covers the following topics: • Planning for Discovery • Initial Disclosure • Interrogatories and Answers to Interrogatories • Document Requests and Answers to Document Requests • eDiscovery • Motion to Compel Production • Expert Witness Disclosure • Depositions of Fact and Expert Witnesses • Requests for Admission and Answers to Requests for Admission • Motion in limine • Settlement The eBook versions of this title feature links to Lexis Advance for further legal research options.

Essential Lawyering Skills

Interviewing, Counseling, Negotiation, and Persuasive Fact Analysis

Author: Stefan H. Krieger,Richard K. Neumann Jr.

Publisher: Wolters Kluwer Law & Business

ISBN: 1454860871

Category: Law

Page: 432

View: 6047

A readable and concise introduction to the essential skills of interviewing, counseling, negotiation, and fact analysis. Features: Incorporates the latest research on: cognitive science research on fact analysis; storytelling process; and negotiation theory. Includes state-of-the-art techniques for fact investigation. Plenty of examples promote interest, accessibility, and place topics in context.

Learning Civil Procedure

Author: Jeffrey Stempel,Michael Kaufman

Publisher: West Academic Publishing

ISBN: 9781683288626

Category:

Page: 883

View: 8844

Learning Civil Procedure provides a broad, student-centered, user-friendly approach to civil procedure that is both clear and sophisticated. Students build mastery of the material through the presentation of examples and analyses. Students then move on to involved problems similar to what they will encounter on final examinations, bar examinations, and as lawyers. The book makes great use of problems to facilitate dialogue in class and correspondingly uses many fewer case excerpts than does the typical casebook. Students will emerge as competent and culturally literate lawyers because the book also includes the core "canon" of civil procedure opinions as well as sufficient historical background. Learning Civil Procedure is a book designed by authors who both teach and litigate, making it the perfect tool for ensuring that students are ready for the classroom, the bar exam, and real-world litigation practice.

Trial Advocacy

Assignments and Case Files

Author: Marilyn J. Berger,John Barry Mitchell,Ronald H. Clark

Publisher: Aspen Law & Business

ISBN: 9780735507357

Category: Law

Page: 272

View: 7075

Companion publication to Trial advocacy: planning, analysis, and strategy. 3rd ed. c2011.

Antitrust Law: Policy and Practice

Author: C. Paul Rogers III,Stephen Calkins,Mark R. Patterson,William R. Andersen

Publisher: LexisNexis

ISBN: 1579117929

Category: Law

Page: 1486

View: 2792

This book explores in detail those legal issues that arise in counseling, planning, and litigating under the antitrust laws. It is designed to integrate theory and policy issues with doctrine and practice so that students will emerge with a fundamental grasp of antitrust doctrine, at least an introduction to the vagaries of antitrust practice, and a sensitivity to policy issues undergirding the application and enforcement of the antitrust laws. The Fourth Edition of Antitrust Law: Policy and Practice provides close coverage of the application of antitrust doctrine to cutting-edge technologies, the Internet, and to rapidly shifting markets. Antitrust Law: Policy and Practiceis unique in a number of ways: • The materials are designed to keep the business context of the problems in the forefront in order to give theory and doctrine a more solid footing in practical affairs. • The lawyer's role as counselor and planner is emphasized throughout. • The business context emphasis is paralleled by another practical emphasis on enforcement and procedure. • Several notes, questions, and problems touch on important ethical issues. • The authors include a wide variety of problems, designed to satisfy a wide range of teaching objectives and styles, and a wide range of student interests. Some are short and intended to be addressed in passing or by brief explanation. Some are longer, intended to occupy a full class hour or more. Some are in serial form, with the reader getting additional data as more doctrine is assimilated. And some are review problems that students may find useful to discuss among themselves. This eBook features links to Lexis Advance for further legal research options.

An Analytical Approach To Evidence

Text, Problems and Cases

Author: Ronald Jay Allen,Eleanor Swift,David S. Schwartz,Michael S. Pardo

Publisher: Wolters Kluwer Law & Business

ISBN: 1454876085

Category: Law

Page: 1069

View: 667

An Analytical Approach to Evidence: Text, Problems, and Cases, Sixth Edition is a problem-based Evidence casebook that presents the Federal Rules of Evidence in context, illuminates the rulesand’ underlying theories and perspectives, and provides a fully updated and systematic account of the law. The material is presented primarily through straightforward explanatory text. Lively discussion and interesting problems (rather than numerous appellate case excerpts) engage students in understanding the principles, policies, and debates that surround evidence law. Hallmark features of An Analytical Approach to Evidence: Text, Problems, and Cases: An opening transcript from an actual criminal law case illustrates how evidence is admitted and excluded in practiceand—Chapter Two on the trial process can be taught with the transcript or separately A wide range of real-world problems exposes students to the depth and complexity of the Rules of Evidence Every chapter addresses basic rules interpretation, essential policy, and connects theory to practice Teacherand’s Manual includes sample syllabi for both 4- and 3-credit courses, transition guide for each chapter, teaching guidance, and answers to all the problems in the book Thoroughly updated, the Sixth Edition presents: New co-author Alex Stein (Cardozo), who has published widely in areas of evidence, economic analysis of law, and general legal theory, and brings a wealth of expertise to the sixth edition Discussion of fundamental moral questions Discussion of allocation of authority between judges and juries Rulesand’ effects on both primary (non-litigation) and litigation behavior Additional pedagogical elements, format redesign, and simplifying notes/questions to increase appeal to students (without sacrificing intellectual sophistication) New assessment problems with answers allow students to test themselves and prepare for exams

Writing for Litigation

Author: Kamela Bridges,Wayne Schiess

Publisher: Wolters Kluwer Law & Business

ISBN: 1454824115

Category: Law

Page: 246

View: 5276

Writing for Litigation offers in-depth coverage and helpful tips for every type of document associated with the life of a case, from the client engagement letter to motions, discovery, client communications, affidavits, and more. Systematically examining each document and its constituent parts, this remarkably concise text explains how audience, purpose, and strategy determine the content and tone of effective writing. Ideal as a coursebook, supplement, or reference, Writing for Litigation features: broad coverage that includes every type of case document, from the client engagement letter to pleadings, discovery requests, and motions ancillary documents that lawyers frequently draft, including demand letters, client communications, and affidavits how the audience and the object of the document determine tone and content strategic considerations that influence how a document is written a clear guide to the component parts of every type of document examples of every type of document in the Appendix writing tips that address concerns typically arising in practice , such as how to avoid ambiguity how to adapt form documents to your individual case how to avoid unintended sexism in writing

Fundamentals of Pretrial Litigation

Author: Roger Haydock,David Herr,Jeffrey Stempel

Publisher: West Academic Publishing

ISBN: 9781634592925

Category:

Page: 851

View: 9059

This trailblazing work, now in its Tenth Edition, continues to be the standard of pretrial texts, covering litigation practice and underlying theories. It is widely adopted in skills and clinic courses, advanced civil procedure seminars, civil procedure classes, as well as in pretrial litigation classes. The chapters comprehensively explain case planning, investigation, pleadings, discovery, ediscovery, depositions, interrogatories, document and ESI production, admission requests, sanctions, procedural and dispositive motions, effective motion advocacy, and alternative dispute resolution and settlement methods. The materials enable students to become highly competent, responsible, and ethical litigators. This benchmark book covers the skills, theories, strategies, tactics, and techniques applicable to pretrial and prehearing practice before judges, arbitrators, and administrative officials. The extensive text provides examples and illustrations of successful litigation practice. This Tenth Edition explains the 2015 amendments to the federal rules and describes new approaches to modern practice. This innovative book continues to include web-based electronic documents. Ediscovery case files appear on a website that students and the professor can readily access. This online location contains numerous documents and problems involving electronically stored information. Students are able to locate, search, and analyze documents to better prepare them for contemporary litigation experiences. No other law school text provides this extensive range of pretrial litigation and ediscovery problems. For more information and additional teaching materials, visit the companion site.

Legal Reasoning and Legal Writing (Looseleaf)

Author: Richard K. Neumann, Jr.,Kathryn M. Stanchi

Publisher: Aspen Publishers

ISBN: 9781454889106

Category:

Page: 453

View: 2616

Buy anew versionof this Connected Casebook and receiveaccessto theonline e-book, practice questionsfrom your favorite study aids, and anoutline toolon CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes - portability, meaningful feedback, and greater efficiency. This looseleaf version of the Connected Casebook does not come with a binder. Legal Reasoning and Legal Writing teaches students how to organize and incorporate a legal argument into strong and cogent writing for a variety of applications in legal practice. Because effective legal writing is predicated on sound legal reasoning, the authors treat both as integral parts of one process. Key Features: Comprehensive coverage of how to write an office memo, motion memo, and appellate brief--with additional chapters on oral argument, client letters, and professional email Exceptionally student-friendly treatment of how to organize a proof for a conclusion of law A thoughtful look at all aspects of legal reasoning, from rule-based analysis to the strategy of persuasion An accessible approach that focuses on the process of writing timely examples and exercises from legal practice A full complement of sample documents in the Appendices Additional materials and resources on the Companion Website. A timely revision that reflects current practice, the Eighth Edition presents: Expanded coverage of oral research reports and email correspondence New sample appellate briefs from a recent transgender rights case A fresh look at statutory construction and case analysis CasebookConnectfeatures: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions fromExamples & Explanations, Emanuel Law Outlines, Emanuel Law in a Flashflashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.

Risk Management Handbook for Health Care Organizations

Author: American Society for Healthcare Risk Management (ASHRM)

Publisher: John Wiley & Sons

ISBN: 0470300175

Category: Medical

Page: 642

View: 9390

Risk Management Handbook for Health Care Organizations, Student Edition is a complete introductory textbook on risk management in health care, incorporating all the basic elements of risk management as it relates to health care finance, quality, management, law, and regulatory compliance. In 24 concise chapters, this comprehensive introduction provides a perfect overview to prepare students, or working professionals in health care or law, enter the field of health care risk management and patient safety. Readers will be provided an understanding of general risk management techniques; standards of health care risk management administration; federal, state and local laws; and methods for integrating patient safety and enterprise risk management into a comprehensive risk management program. Each chapter will have key points, standardized introduction, list of key terms, and discussion questions. A separate downloadable instructors ́ manual will have additional support tools for the instructor. Chapter topics include: · Enterprise Risk Management in Health Care The Basics · Health Care Legal Concepts · Governance of the Health Care Organization · Development of a Risk Management Program · The Health Care Risk Management Professional · Risk Management Metrics · Ethics in Patient Care · Interpersonal Communication Skills: The Ultimate Loss Control Technique · Physician and Allied Health Professionals Credentialing · Documentation and the Medical Record · Basic Claims Administration · A Contract Review Primer for Risk Management · Information Technologies and Risk Management · Health Information Management · Introduction to Risk Financing · Insurance: Basic Principles and Coverages · Organizational Staffing · Emergency Management · Occupational Safety , Health ad Environmental Impairment: A Brief Overview · Early Warning Systems for the Identification Organizational · Patient Safety and the Risk Management Professional · Risk Management ́s Role in Performance Improvement · The Risk management Professional and Medication Safety