The Law of Torts

Examples and Explanations

Author: Joseph W. Glannon

Publisher: Aspen Publishers

ISBN: N.A

Category: Law

Page: 556

View: 7662

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The new edition of the number one study aid in Torts gives students even more assistance while continuing to uphold the standard of quality applauded by instructors nationwide. THE LAW OF TORTS: Examples & Explanations, Second Edition, provides the same kind of clear and engaging introductions to essential principles that made its predecessor such a lifesaver for first-year students. This paperback study guide demystifies the field through: The recognized teaching skills of its author - Joseph Glannon's best-selling CIVIL PROCEDURE: Examples & Explanations established the style of this series and secured his reputation among students as the author who makes complicated subjects understandable. a uniquely entertaining, conversational style coverage that parallels the standard casebook: intentional torts, negligence, causation, duty, damages, liability of multiple defendants, and the effect of the plaintiff's conduct extraordinarily well-crafted examples that apply legal concepts to particular fact situations a 'one-step-at-a-time' approach that begins with the basics and gradually builds students' analytical skills, knowledge, and confidence Significant changes for the Second Edition include: a brand-new, three-chapter section on Taking a Torts Essay Exam that addresses potential pitfalls and includes guidance, tips, sample exam questions and answers an expanded discussion of causation for greater clarity and accessibility new citations reflecting the most current law new examples and explanations throughout the text Help students enhance their understanding of Torts with THE LAW OF TORTS: Examples & Explanations, Second Edition. Recommend it to your students today! Also by Glannon: Civil Procedure: Examples & Explanations And don't forget Glannon's popular audio program: Fireside Civil Procedure: An Audio Companion

Examples & Explanations for The Law of Torts

Author: Joseph W. Glannon

Publisher: Wolters Kluwer Law & Business

ISBN: 1454860634

Category: Law

Page: 710

View: 1203

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A favorite among successful students, and often recommended by professors, the unique Examples & Explanations series gives you extremely clear introductions to concepts followed by realistic examples that mirror those presented in the classroom throughout the semester. Use at the beginning and midway through the semester to deepen your understanding through clear explanations, corresponding hypothetical fact patterns, and analysis. Then use to study for finals by reviewing the hypotheticals as well as the structure and reasoning behind the accompanying analysis. Designed to complement your casebook, the trusted Examples & Explanations titles get right to the point in a conversational, often humorous style that helps you learn the material each step of the way and prepare for the exam at the end of the course. The unique, time-tested Examples & Explanations series is invaluable to teach yourself the subject from the first day of class until your last review before the final. Each guide: helps you learn new material by working through chapters that explain each topic in simple language challenges your understanding with hypotheticals similar to those presented in class provides valuable opportunity to study for the final by reviewing the hypotheticals as well as the structure and reasoning behind the corresponding analysis quickly gets to the point in conversational style laced with humor remains a favorite among law school students is often recommended by professors who encourage the use of study guides works with ALL the major casebooks, suits any class on a given topic provides an alternative perspective to help you understand your casebook and in-class lectures

The Law of Torts

Author: Joseph W. Glannon

Publisher: Aspen Publishers

ISBN: 9780735599406

Category:

Page: N.A

View: 8901

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A longtime favorite series among professors and students alike, Examples & Explanations is now available as a Bonus Pack. It's the best of both worlds - a print copy of Examples & Explanations: the Law of Torts, 4th Ed. for your desk reference and an

Civil Procedure

Examples and Explanations

Author: Joseph W. Glannon

Publisher: Aspen Publishers

ISBN: N.A

Category: Law

Page: 615

View: 8500

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There are two types of Civil Procedure students -- those who use Glannon's helpful paperback and those who end up wishing they did. This phenomenally popular paperback text entered its Third Edition with the unqualified endorsement of students who consider it a survival guide and teachers who recognize it as a worthy partner to any casebook. In the hallmark Examples & Explanations Series style, the book follows a consistent format: each chapter contains explanatory text followed by questions which test student understanding, which are in turn followed by suggested answers. While preserving his distinctive style and approach, Glannon's revisions reflect recent case law and changes in the Rules, such as: -service of process (Rule 4) -venue -an enhanced section on discovery including two new chapters address the scope of discovery under Rule 26 and the major tools of discovery CIVIL PROCEDURES: Examples and Explanations, Third Edition emphasizes personal and subject matter jurisdiction, res judicata, and collateral estoppel. Six full chapters illustrate pleadings and motions, with thorough explanation for the lawyers' strategy. to show how doctrines operate in relation to one another, several chapters compare and contrast related doctrines, such as: -joinder and jurisdiction -judgment n.o.v. -res judicata and joinder Glannon also explains corollaries and qualifications of the doctrine, and offers an unmatched treatment of Erie. By taking an unpretentious approach to civil procedure and using humor and historical names where appropriate, Glannon puts complex concepts within reach of the typical student. Also by Glannon: the Law of Torts: Examples & Explanations And don't forget Glannon's popular AUDIO PROGRAM: Fireside Civil Procedure: An Audio Companion Civil Procedure: Table of Contents Preface to Students Acknowledgements Special Notice PART ONE: CHOOSING A PROPER COURT 1. Personal Jurisdiction: the Enigma of Minimum Contacts 2. Statutory Limits on Personal Jurisdiction: the Reach and Grasp of the Long-Arm 3. Seeking the Home Field Advantage: Challenges to Personal Jurisdiction 4. Diversity Jurisdiction: When Does Multiplicity Constitute Diversity? 5. Personal and Subject Matter Jurisdiction Compared: the First Two Rings 6. Second-Guessing the Plaintiff's Choice of Forum: Removal 7. Proper Venue in Federal Courts: A Rough Measure of Convenience 8. Choosing a Proper Court: the Three Rings Reconsidered PART TWO: STATE LAW IN FEDERAL COURTS 9. Easy Erie: the Law of Rome and Athens 10. Eerie Erie: the Substance/Substance Distinction 11. Erie and State Choice of Law: Vertical Uniformity and Horizontal Chaos PART THREE: THE SCOPE OF THE ACTION 12. Sculpting the Lawsuit: the Basic Rules of Joinder 13. Into the Labyrinth: Joinder of Parties under Rule 14 14. Jurisdictional Fellow Travelers: Supplemental Jurisdiction 15. Jurisdiction vs. Joinder: the Difference between Power and Permission PART FOUR: STEPS IN THE LITIGATION PROCESS 16. the Bearer of Bad Tidings: Service of Process in the Federal Courts 17. Getting Off Easy: the Motion to Dismiss 18. the Scope of Discovery: the Rules Giveth, and the Rules Taketh Away 19. Tools of the Trade: Basic Methods of Discovery 20. Defective Allegation or Insufficient Proof?: Dismissal for Failure to State a Claim Compared to Summary Judgment 21. the Judge and the Jury, Part One: Judgment as a Matter of Law (Directed Verdict) 22. the Judge and the Jury, Part Two: Whose Case Is This, Anyway? PART FIVE: THE EFFECT OF THE JUDGEMENT 23. Res Judicata: the Limits of Procedural Liberality 24. Res Judicata and the Rules of Joinder: When Does May Mean Must? 25. Collateral Estoppel: Fine-Tuning the Preclusion Doctrine 26. T

Concise Chinese Tort Laws

Author: Xiang Li,Jigang Jin

Publisher: Springer

ISBN: 3642410243

Category: Law

Page: 327

View: 6528

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The explosive economic development in China over the last three decades has created social challenges unprecedented in the country's history. In response, China has overhauled its existing tort laws and even created new tort laws. By exploring its principles, theories and history, this book provides international readers a fresh outlook on China's tort law system. Granted that some concepts or theories in China's modern tort laws were "borrowed" from the west, the principles behind them can nevertheless often find their roots in ancient Chinese philosophies, concepts or even laws. This book also uses real cases to explain the courts' application of China's tort laws and the meaning of the corresponding statutes.

Fundamental Rights in European Contract Law

A Comparison of the Impact of Fundamental Rights on Contractual Relationships in Germany, the Netherlands, Italy and England

Author: Chantal Mak

Publisher: Kluwer Law International B.V.

ISBN: 9041126716

Category: Law

Page: 364

View: 3745

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Our modern insistence on democratic social values has engendered an intense debate over the intersection of fundamental rights and contract law. In particular, case law in several European national jurisdictions has exerted significant pressure on traditional contract law instruments to conform more transparently with the fundamental rights enshrined in the EC Charter. This pressure is clearly evident in a number of societal areas subject to contract law, among them employment, housing, and privacy. It can even be argued, as this author does, that fundamental rights intermediate between politics and law. Taking its cue from many initiatives toward the development of a more coherent, even harmonised, European contract law, this book is the first major study to examine the following essential questions with detailed reference to actual judicial developments: • To what extent do fundamental rights affect contract law? • In which types of cases can fundamental rights be applied? • What does the explicit consideration of fundamental rights add to contract law adjudication? The author approaches the analysis along two different avenues: first, a comparative overview of developments in case law, and second, a more general theoretical view on the interaction between fundamental rights and rules of contract law which is tested against examples from various legal systems. The focus throughout is on developments in case law, because the impact of fundamental rights in contract law has been felt on the level of dispute resolution rather than on the level of legislation. Germany and the Netherlands are chosen because their judiciaries have been notable for their early and continuing attention to the theme, and England and Italy for perspectives on developments under common law and civil law systems respectively.

Basic Tort Law

Cases, Statutes, and Problems

Author: Arthur Best,David W. Barnes

Publisher: Aspen Publishers Online

ISBN: 0735563152

Category: Law

Page: 894

View: 1279

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Basic Tort Law: Cases, Statutes, and Problems, Second Edition, written by authors who bring years of experience teaching and writing about torts to the task, is concise, accessible, and employs a well-articulated and class-tested pedagogy. A torts book that doesnt hide the ball from students, both students and teachers will find it user-friendly. The new edition of this casebook retains the features that made it a success: clear, direct text introduces cases and explains important concepts a balance of modern and classic torts cases, including Vaughan v. Menlove (on standard of care), Vincent v. Lake Erie Transportation Co. (on doctrine of incomplete privilege), Greenman v. Yuba Power (on product liability) appealing, memorable problems based on actual reported cases that reinforce understanding and build analytical skills contemporary conception and content with the most current thinking on key issues ample background information that places cases and statutes in context varied note materials -- introductory and transitional notes that encourage close attention to cases and perspective notes that explore a range of viewpoints on tort law a comprehensive Teachers Manual that includes sample syllabi and guidance for structuring 4- and 6-credit courses, detailed suggestions for presenting and preparing cases and materials for class, and answers and analysis to all problems and questions raised in the book The second edition of this popular casebook provides updated material throughout the text illuminates the procedural posture of every case refreshes and updates case selection in a number of chapters, including those for standards of care, statutory violation, multiple sufficient causes, foreseeability as a proximate cause test, substantial factor as a proximate cause test, assumption of risk, and defamation supplies reworked notes and introductory sections, particularly for res ipsa loquitur, duty, and professional standard of care

Sourcebook on Tort Law 2/e

Author: Graham Stephenson

Publisher: Cavendish Publishing

ISBN: 184314042X

Category: Law

Page: 686

View: 1937

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The purpose of this book is to provide a clear guide to tort law, examining the main principles and areas of the subject. It includes text emphasizing the main issues of liability. The text incorporates relevant materials, extracts from leading judgments, articles and reports of review bodies on tort law. It should prove especially useful for those who do not have access to a law library, as for those whose library is under severe pressure from users. It will be useful to those participating in seminars and tutorials and will enable them to take part in a good level of discussion. This new edition of Sourcebook on Torts has been fully revised and incorporates the Human Rights Act 1998. The effect of the European Courts decision in Osman is now being felt, as is evident from the judgments of the House of Lords in Barrett v Enfield BC. The Law Commission's proposals on liability for psychiatric illness are included. Developments in the tort of nuisance, the defence of qualified privilege and damages are also scrutinized. Several Law Commission reports and the Social Security (Recovery of Benefits) Act 1997 are also extracted, as are other new pieces of legislation, such as the Damages Act 1996 and the Defamation Act 1996.

Philosophy and the Law of Torts

Author: Gerald J. Postema

Publisher: Cambridge University Press

ISBN: 9781139441278

Category: Philosophy

Page: N.A

View: 2794

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When accidents occur and people suffer injuries, who ought to bear the loss? Tort law offers a complex set of rules to answer this question, but up to now philosophers have offered little by way of analysis of these rules. In eight essays commissioned for this volume, leading legal theorists examine the philosophical foundations of tort law. Amongst the questions they address are the following: how are the notions at the core of tort practice (such as responsibility, fault, negligence, due care, and duty to repair) to be understood? Is an explanation based on a conception of justice feasible? How are concerns of distributive and corrective justice related? What amounts to an adequate explanation of tort law? This collection will be of interest to professionals and advanced students working in philosophy of law, social theory, political theory, and law, as well as anyone seeking a better understanding of tort law.

Tort Law Defences

Author: James Goudkamp

Publisher: A&C Black

ISBN: 1782251898

Category: Law

Page: 270

View: 3817

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The law of torts recognises many defences to liability. While some of these defences have been explored in detail, scant attention has been given to the theoretical foundations of defences generally. In particular, no serious attempt has been made to explain how defences relate to each other or to the torts to which they pertain. The goal of this book is to reduce the size of this substantial gap in our understanding of tort law. The principal way in which it attempts to do so is by developing a taxonomy of defences. The book shows that much can be learned about a given defence from the way in which it is classified. This book has been awarded Joint Second Prize for the 2014 Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship.

Magill's legal guide

Author: Frank Northen Magill,R. Kent Rasmussen

Publisher: Salem Pr Inc

ISBN: 9780893561680

Category: Law

Page: 1019

View: 6016

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Volume 1.

The Interaction of Contract Law and Tort and Property Law in Europe

A Comparative Study

Author: Christian von Bar,Ulrich Drobnig,Guido Alpa

Publisher: sellier. european law publ.

ISBN: 3935808208

Category: Law

Page: 541

View: 9673

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Against the background of the creation of an EU-wide frame of reference for private law relevant to the Common Market, this study, which was requested by the EU Commission, analyses the dovetailing between contract and tort law on the one hand, and between contract and property law on the other. The study examines the legal orders of almost all the Member States of the EU, illustrates the differences between contractual and non-contractual liability and evaluates the different systems of the transfer of property, of movable and immovable securities as well as trust law. The study comes to the conclusion that the intensive considerations on the creation of a model-law in the area of European private law do not allow these thoughts to be limited to contract law. Such a limitation to the scope of the regarding of this area would probably cause more problems than it would solve, or at any rate not do justice to the needs of the Common Market.

Street on Torts

Author: Christian Witting

Publisher: Oxford University Press, USA

ISBN: 0198700946

Category: Law

Page: 747

View: 1985

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Tried and tested by generations of students, Street on Torts provides a wide-ranging, clear and accurate explanation of the law of torts. Witting incorporates the latest learning on each of the torts covered in this book to provide a thoughtful account of the purposes, rules, and operation of the law. Coverage has been closely mapped to undergraduate law courses around the UK and updates and web links can be found on the accompanying Online Resource Centre.

The Oxford Handbook of Behavioral Economics and the Law

Author: Eyal Zamir,Doron Teichman

Publisher: Oxford University Press

ISBN: 0199397953

Category: Business & Economics

Page: 496

View: 8161

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The past twenty years have witnessed a surge in behavioral studies of law and law-related issues. These studies have challenged the application of the rational-choice model to legal analysis and introduced a more accurate and empirically grounded model of human behavior. This integration of economics, psychology, and law is breaking exciting new ground in legal theory and the social sciences, shedding a new light on age-old legal questions as well as cutting edge policy issues. The Oxford Handbook of Behavioral Economics and Law brings together leading scholars of law, psychology, and economics to provide an up-to-date and comprehensive analysis of this field of research, including its strengths and limitations as well as a forecast of its future development. Its 29 chapters organized in four parts. The first part provides a general overview of behavioral economics. The second part comprises four chapters introducing and criticizing the contribution of behavioral economics to legal theory. The third part discusses specific behavioral phenomena, their ramifications for legal policymaking, and their reflection in extant law. Finally, the fourth part analyzes the contribution of behavioral economics to fifteen legal spheres ranging from core doctrinal areas such as contracts, torts and property to areas such as taxation and antitrust policy.

Professional Responsibility

Examples & Explanations

Author: W. Bradley Wendel

Publisher: Aspen Publishers Online

ISBN: 073556244X

Category: Law

Page: 471

View: 6835

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Now in its Second Edition, Examples & Explanations: Professional Responsibility continues to be an appropriate ancillary source for students in any Professional Responsibility course. Not only does it utilize the proven pedagogy of the E&E series, but it is a completely comprehensive and well-balanced text. This problem-oriented guide is not a simple march through the Model Rules. Instead, it is structured around concepts, with rules and the generally applicable law introduced as needed. This edition retains the great features that made it a dependable source for students in its First Edition: covers the entire law governing lawyers includes agency, fiduciary duty, tort, contract, constitutional, and corporate and securities law. applies concepts and introduces the generally applicable law as needed, avoiding a narrow focus on the Model Rules supplements textual discussions with examples that work through progressively more complex issues uses both text and problems to break the analysis down into steps presents a balanced approach to controversial issues offers an accessible, conversational style draws examples from actual cases, so they are representative of the problems students can expect to encounter in practice incorporates the new sources of law (ABA's Ethics 2000 Initiative, Restatement of Law Governing Lawyers, the Sarbanes-Oxley Act) organically, rather than as add-ons Carefully revised in its Second Edition, this fully up-to-date source: integrates carefully and thoughtfully updated cases, ethics opinions, and problems emphasizes the newest versions of the ABA rules, while retaining information about the older rules where necessary An author website to support classroom instruction using this title is available at http://www.aspenlawschool.com/wendel2

Deceit: The Lie of the Law

Author: Peter Macdonald Eggers

Publisher: CRC Press

ISBN: 131791273X

Category: Law

Page: 304

View: 9790

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Deceit: The Lie of the Law will provide a complete and detailed account of the law of deceit as developed over the past two centuries. This new book by Peter MacDonald Eggers examines the commercial, contractual and civil relationships in which claims in deceit have been made.