Civil Procedure in a Nutshell

Author: Mary Kay Kane

Publisher: West Academic

ISBN: N.A

Category: Law

Page: 309

View: 9916

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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 Procedure in a Nutshell

Author: William R. Slomanson

Publisher: West Academic

ISBN: 9780314187963

Category: Law

Page: 359

View: 3811

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California has one of the most complex procedural systems in the nation. This Nutshell provides an overview of the many significant differences that impact the choice between state and federal courts in California. The authors succinctly analyze California procedure and expose different solutions to the practice problems found in a state containing parallel systems of state and federal procedure.

Constitutional Law in a Nutshell

Author: Jerome A. Barron,C. Thomas Dienes

Publisher: West Academic

ISBN: 9780314190284

Category: Law

Page: 709

View: 2956

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This book serves as a comprehensive guide and reference tool on constitutional law. Expert authors summarize judicial review and its limits, national legislative powers, state power in American federalism, Congress and the executive power, due process of law, equal protection, freedom of expression and religion, state action, and congressional legislation in civil rights and liberties.

Tax Procedure and Tax Fraud in a Nutshell

Author: Camilla E. Watson

Publisher: West Group

ISBN: 9780314146465

Category: Law

Page: 431

View: 5539

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Reliable source on tax procedure and tax fraud helps bridge the gap between understanding "substantive" code provisions and preparing to represent a taxpayer in an Internal Revenue Service (IRS) dispute. Coverage includes IRS and treasury rulemaking; confidentiality and disclosure; audits and administrative appeals; statute of limitations; litigation considerations; penalties and collection process; liability; investigation; and tax crimes.

Legal Writing in a Nutshell

Author: Lynn Bahrych,Marjorie Dick Rombauer

Publisher: West Academic

ISBN: N.A

Category: Law

Page: 263

View: 3993

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Legal Writing in a Nutshell offers practical guidance for organizing offce memoranda and appellate briefs. Teaches how to wirte int he objective and argumentative styles. Provides practical solution to common problems faced by law students and legal writers. Suggests simple methods to improve sentence struccture, paragraphing, and transitions.

Real Property in a Nutshell

Author: Roger Bernhardt,Ann Burkhart

Publisher: West Academic Publishing

ISBN: 9781634599207

Category:

Page: 581

View: 4467

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This concise work discusses most rules covered in real property casebooks. The text is divided into three sections. Part One provides an overview of property interests by covering lost v. mislaid v. abandoned property, adverse possession, gifts, common law estates, future interests, landlord-tenant law, concurrent ownership, marital property rights, easements, profits, licenses, real covenants, and equitable servitudes. Part Two covers conveyancing, including real estate brokers, contracts of sale, deeds, recording, title insurance, and mortgages. Part Three covers a variety of property rights and liabilities, including airspace, water rights, the right to support, agreed boundaries, fixtures, trespass, nuisance, and land use regulation.

Criminal Law in a Nutshell

Author: Arnold H. Loewy

Publisher: West Academic

ISBN: 9780314194961

Category: Law

Page: 347

View: 2643

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Gain an overview and develop perspective on the extensive area of criminal law. Organized into eight sections for quick reference. Expert discussion explores punishment, specific crimes, and the ingredients of a crime such as mens rea and actus reus. Features special defenses and the burden of proof. Covers inchoate and group criminality. Also reflects on the limitations of criminal law.

Section 1983 Litigation in a Nutshell

Author: Michael G. Collins

Publisher: West Academic Publishing

ISBN: 9780314920201

Category: Law

Page: 437

View: 8827

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Coverage includes the statute's modern revival in Monroe v. Pape, municipal liability, individual officer and sovereign immunity, excessive force litigation, choice of law, state and federal court jurisdiction, remedies, and attorney's fees, There are also chapters on federal officer liability and the relationship between habeas corpus and section 1983. A helpful tool for practitioners, students, judges, and their clerks, or anyone wishing to get up to speed on this complex, ever-changing topic.

Class Actions and Other Multi-party Litigation in a Nutshell

Author: Robert H. Klonoff

Publisher: West Academic Publishing

ISBN: 9780314910974

Category: Law

Page: 487

View: 5554

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Completely revised and up to date. Thoroughly covers the Class Action Fairness Act of 2005, the 2003 amendments to Rule 23, and numerous important court decisions rendered since the last edition. Covers all of the major topics of class action law and practice, such as commencement of a class action, requirements for class certification, class action discovery, notice to class members, ?opt-out? rights, Seventh Amendment and due process issues, class settlements, remedies, appellate review, issue and claim preclusion, and ethical and policy issues. Also contains a special focus on securities, mass tort, and employment discrimination class actions, defendant class actions and shareholder derivative suits. Explores the latest cutting-edge issues in multi-party litigation and discusses numerous ground-breaking court decisions.

Legal Research in a Nutshell

Author: Morris L. Cohen,Kent C. Olson

Publisher: West Academic

ISBN: 9780314180070

Category: Law

Page: 507

View: 6883

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The Internet has dramatically affected the way legal research is conducted, but finding and using legal resources effectively remains an essential skill for lawyers. This comprehensive but succinct guide covers major primary and secondary sources, including major web resources such as THOMAS and PACER as well as online databases and library materials. Discussion includes coverage of legislative history, administrative law, practice and specialized resources, and research in international and comparative law.

Depositions in a Nutshell

Author: Albert Moore,David Binder,Jason Light,Paul Bergman

Publisher: West Academic Publishing

ISBN: 9781634598958

Category:

Page: 644

View: 5638

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This Nutshell, which replaces Binder, Moore and Bergman's Deposition Questioning Strategies and Techniques (2001), provides comprehensive descriptions and concrete illustrations of effective strategies and techniques for taking and defending depositions. The book can serve as a text for a 2-4 unit stand-alone depositions course (either live client or simulated) or as a supplement to a civil pre-trial lawyering course. It devotes separate chapters to such fundamental skills as obtaining helpful answers to critical questions, undercutting harmful testimony, obtaining a deponent's version of significant events, and obtaining information from evasive deponents. Other chapters include topics such as responding to inconsistent or implausible testimony, overcoming opposing counsel's objections and obstructionist tactics, and preparing a client to be deposed.

Bankruptcy and Related Law in a Nutshell

Author: David Epstein

Publisher: West Academic Publishing

ISBN: 9781634606493

Category:

Page: N.A

View: 2918

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This classic student text, used by tens of thousands of law students for over 45 years has been revised to reflect changes in case law, changes in bankruptcy practices, and changes in bankruptcy casebooks. Today's bankruptcy courses are now much more than just the automatic stay, avoiding powers, and discharge. As bankruptcy classes have become more comprehensive, more students have found this book helpful in comprehending reading assignments, class discussions, and exam questions.

Federal Appellate Practice and Procedure in a Nutshell

Author: Gregory A. Castanias,Robert H. Klonoff

Publisher: N.A

ISBN: 9780314289315

Category: Appellate procedure

Page: 543

View: 7067

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This Nutshell provides a comprehensive overview of federal appellate practice and procedure, suitable for practicing lawyers as a deskbook, and for law students as a study aid. It focuses both on the federal courts of appeals and on the US Supreme Court. Federal circuit court topics include, among others, preservation of error, the final judgment rule and its exceptions, the notice of appeal, parties to the appeal, relief pending appeal, standards and scope of review, briefing and oral argument, alternative dispute resolution, entry of judgment, and rehearing en banc. Supreme Court topics include, among others, jurisdiction over federal cases, jurisdiction over state cases, the certiorari process, original jurisdiction, briefing and oral argument, and the role of the Solicitor General. Also included are discussions of the structure and caseloads of the federal appellate system, appellate ethics and professionalism, certification of issues to state courts, and the future of appellate justice.

Immigration Law and Procedure in a Nutshell

Author: David S. Weissbrodt,Laura Danielson,Howard S. Myers (III)

Publisher: N.A

ISBN: 9781683288985

Category: Emigration and immigration law

Page: 760

View: 3134

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This compact, comprehensive title offers a thorough overview of the history, constitutional basis, statutory structure, regulatory provisions, administrative procedure, and ethical principles related to immigration law and practice. Updated to reflect developments since the 2016 Presidential election, it is valuable both as a teaching and a practice reference.

The First Trial Where Do I Sit? What Do I Say? in a Nutshell

Author: Tracy Mccormack

Publisher: West Academic Publishing

ISBN: 9781634602709

Category:

Page: 466

View: 4739

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The First Trial Nutshell is a fresh and unique approach to advocacy instruction. Concentrating on the overall approach to trying a case, it weaves persuasion and procedure to help lawyers and law students prepare for their first trials with confidence. Addressing everything from technology to where to sit and what to say it meshes the practical advice and "how to" instructions with sophisticated persuasive techniques. Small enough to be read in a single sitting, this book will serve as the perfect first primer and a continuing resource for experience litigators to read again before trial mediation or arbitration.

Family Law in a Nutshell

Author: John Myers,Harry Krause

Publisher: West Academic Publishing

ISBN: 9781683282549

Category:

Page: 502

View: 1695

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Few areas of law practice cover as many issues as family law. The subject embraces marriage and divorce, annulment, custody of children, spousal and child support, complex property issues, paternity, domestic violence, adoption, and alternative means of reproduction. Each of these topics itself is complex. For example, within the broad subject of child custody lie the issues of interstate move away cases, international parental child abduction, and the impact of domestic violence on a parent's right to custody or visitation. In addition to purely legal issues, family law has a large psychological component, touching on some of the most important and sensitive aspects of human nature and interaction, such as, what is a family, what are the rights and responsibilities of parents toward children, and how should society respond to child abuse and domestic violence? All of these issues, and more, are discussed in this Nutshell. The book provides a thorough introduction to this challenging field of practice.

Criminal Procedure

Author: Wayne LaFave,Jerold Israel,Orin Kerr,Nancy King

Publisher: West Academic Publishing

ISBN: 9781634603065

Category:

Page: 1729

View: 8134

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This title analyzes the law governing all major steps in the criminal justice process, beginning with investigation and ending with post-appeal collateral attacks. All major themes are covered, with emphasis upon those basic issues deemed most significant in the case law and literature. Because of their special importance, leading Supreme Court opinions are given in-depth treatment. All Hornbook sections are cross-referenced to comparable sections of the authors' 7-volume Criminal Procedure treatise (readily available on Westlaw database CRIMPROC) containing more detailed analysis and citations to additional supporting authorities.

Landlord and Tenant Law in a Nutshell

Author: David S. Hill

Publisher: N.A

ISBN: N.A

Category: Landlord and tenant

Page: 311

View: 4556

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Creation, Duration and Termination; Grounds for Termination; Illegality and Frustration of Purpose; Fitness for Use; Destruction of the Premises; Interference with the Tenant's Possession and Use of the Premises; Holdover Problem; Express Covenants to Repair; Duty to Repair in the Absence of an Express Covenant; Statutory Duty to Repair; Implied Warranty of Habitability; Retaliatory Eviction; Tort Liability for Injury to Persons and Property Inside and Outside the Leased Property; Ordinary Wear and Tear; Waste; Assignment and Sublease; Covenants Against Transfer of the Tenant's Interest; Transfers by the Landlord; Covenants Running with the Land; Rent and Security Deposits; Landlord's Lien; Distress for Rent; Extensions and Renewals.