Understanding Civil Procedure

Author: Gene R. Shreve,Peter Raven-Hansen
Publisher: LexisNexis
ISBN: 0327189894
Category: Law
Page: 670
View: 2607

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This well-established treatise is premised on the assumption that the key to understanding the principles of civil procedure is to know why: why the principles were created and why they are invoked. The treatise is written to answer these questions as it lays out the basic principles of civil procedure. It also reflects the authors' belief that students of civil procedure can understand and appreciate complex principles when they are clearly presented; teaching civil procedure does not require dumbing it down. The authors use the Federal Rules of Civil Procedure as a model, but they also refer to different state rules and doctrines where appropriate in order to present a representative cross-section of state models. Although they discuss important civil procedure cases in the text, thus supporting the most widely used civil procedure casebooks using these same cases, they also provide useful references to secondary sources and illustrative cases for the reader who wants to explore further.

Understanding Civil Procedure

Author: Walter W. Heiser,Gene R. Shreve,Peter Raven-Hansen,Charles Gardner Geyh
Publisher: LexisNexis
ISBN: 9780769851563
Category: Civil procedure
Page: 801
View: 4401

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California Civil Procedure

Author: Walter W. Heiser
Publisher: LexisNexis
ISBN: 1579116582
Category: Law
Page: 1510
View: 2269

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Written for upper-level law students who intend to practice law in California, this book emphasizes those aspects of California civil procedure that deviate from the federal system. California Civil Procedure aims to serve several functions. First, upon completion of a course using this casebook, students are prepared to more competently conduct civil litigation in the California courts upon graduation. Furthermore, this book represents the procedural advantages and disadvantages of litigating in California state courts as opposed to federal courts so new lawyers can make an informed choice between filing an action in one system or the other. This book also provides students with a brief summary of the federal or general position on each major topic as a basis of comparison and as a review of first-year civil procedure.

Understanding Environmental Law, Third Edition (2013)

Author: Philip Weinberg,Kevin A. Reilly
Publisher: LexisNexis
ISBN: 032718759X
Category: Law
Page: N.A
View: 9449

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This Understanding treatise provides a comprehensive overview of environmental and land use law in the United States. While a major focus of Understanding Environmental Law, Third Edition (2013) is the federal framework of U.S. environmental law, many chapters include coverage of state-specific laws as well. Topics addressed include: • The role the United States Constitution plays in protecting the environment; • Policy issues affecting environmental law, such as the need to balance economic factors against specific environmental costs; • Common law causes of action in the environmental arena; • Environmental quality review issues that arise under the National Environmental Policy Act (NEPA) and state equivalents to NEPA; • Air and water pollution laws; • Hazardous waste laws and regulations; • Endangered species laws including international controls applicable to endangered species; and • International laws applicable to environmental issues, including international treaties, global climate changes, and ozone layer protection. Understanding Environmental Law, Third Edition (2013) contains excerpts from the EPA Terms of Environment. This treatise provides both students and professionals with a thorough grasp of this complex and rapidly-expanding area of law.

Modern Maryland Civil Procedure, Second Edition

Author: Richard W. Bourne,John A. Lynch
Publisher: LexisNexis
ISBN: 1522116478
Category: Law
Page: N.A
View: 1168

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The first work to describe how the Maryland Rules interact with statutory and common law rules governing original and appellate jurisdiction, venue, trial by jury, and res judicata, Modern Maryland Civil Procedure discusses extensively the judicial interpretation of the rules. It addresses many unanswered questions about the shape and direction of Maryland law in light of the experience of other states and the federal courts. The book also discusses recent changes in Maryland law, such as subject matter jurisdiction, the right to trial by jury, and discovery rules.

Fundamentals of California Litigation for Paralegals

Author: Marlene A. Maerowitz,Thomas A. Mauet
Publisher: Aspen Publishers Online
ISBN: 0735563888
Category: Law
Page: 503
View: 8456

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The new edition of Maerowitz and Mauet's Fundamentals of California Litigation for Paralegals gives students a complete explanation of California specific litigation. Clearly written with the student in mind, the text makes the material accessible while the accompanying workbook and forms put theory into practice. These features make this text an appealing choice: * offers a complete understanding of the litigation process from the time the client walks into the office through trial and post-judgment, including settlements and alternative forms of resolutions * balanced approach neither oversimplifies the litigation process, nor clouds the educational course with excessive information * pedagogical aids such as bold-faced terms defined in the glossary; examples; charts and checklists; sample documents; chapter overviews and summaries; and review questions are featured throughout the text * tailored to the California rules with each chapter referencing the specific California statute where more information can be found, and California forms included throughout * provides opportunities for the instructor to pick and choose which areas to emphasize * a workbook on CD accompanies the text and includes five case scenarios based on California law along with associated Judicial Council forms to be used as practical exercises * Instructor's Manual provides answers to the questions posed in the workbook and book, as well as a test bank of questions that include true-false, short answer and essay questions so that the instructor can choose the type of test to give. Projects for research and writing, sample forms, and suggested course outlines are also included Changes to the Third Edition include: * chapters on motions and discovery tools have been broken down into separate sections so that they are both easier for the student to understand and digest, and easier for the instructor to teach * depositions, interrogatories, and document production have been included and demurrers, motions to strike, and summary judgment have been broken out into separate sections * more information included on litigation management systems and how to use such systems to index and retrieve documents in large cases * reflects most recent changes in the California rules This student-friendly text offers a teachable approach to the subject of California litigation. the content is neither oversimplified nor saturated with excess information which allows for a smooth introduction. Fundamentals of California Litigation for Paralegals, Third Edition offers a complete understanding of the litigation process, allowing students to walk away with a firm understanding of the complete picture.

Understanding Tolowa Histories

Western Hegemonies and Native American Responses
Author: James Collins
Publisher: Psychology Press
ISBN: 9780415912075
Category: History
Page: 232
View: 3841

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The Native Tolowa of Northern California were displaced and nearly destroyed in the nineteenth century, but they have since struggled to reclaim their language and collective identity. Today they are emerging as a cohesive cultural and political group. In Understanding Tolowa Histories, James Collins presents a complex historical inquiry into the Tolowa, Native American responses to U.S. domination, and Enlightenment political legacies. He incisively analyzes the relation between cultural otherness and political-economic subjugation, the complexities of history and identity, and the discursive dynamics of claiming a place and resisting displacement. In the process, he situates the Tolowa in the larger context of U.S. and Indian histories while developing a critique of contemporary anthropology.

California Civil Procedure in a Nutshell

Author: William R. Slomanson,C. Keith Wingate
Publisher: West Group
Category: Law
Page: 230
View: 556

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California Court System; State/Federal Relationship; Sources of Procedural Law; Selecting the Proper Court: Subject Matter Jurisdiction; Transfer; Aggregation of Claims; Personal Jurisdiction; Venue; Forum Non Conveniens; Conflicts; Pleading: Nomenclature; Demurrers; Amendments; Indemnity; SOL; Diligent Prosecution: Discovery: Scope; Relevance; Admissibility; Methods; Experts; Sanctions; Punitive Damages; Disposition Without Trial: Summary Judgment; Default; Offer of Judgment; Contribution; Arbitration; Preemption; Fast Track; Trial; Jury; Waiver; Size; Voir Dire; Motions: Instructions; Verdicts; Remedies: Claim & Delivery; Attachment; Injunctions; Supplementary Proceedings; Contempt; Costs; Attorney's Fees; Appeals: Pre-Judgment Review; Sanctions; Timeliness; Substantial Evidence; Harmless Error; Prior Suit: Stare Decisis; Res Judicata; Collateral Estoppel; Parties; Intersystem Preclusion.

Carper's Understanding the Law

Author: John A. McKinsey,Debra Burke
Publisher: Cengage Learning
ISBN: 1305177304
Category: Business & Economics
Page: 768
View: 2459

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Learn the basics of business law and what it means to you with UNDERSTANDING THE LAW, Seventh Edition. This popular text discusses how various aspects of the law affect the individual, highlighting the personal law issues that confront people in their everyday lives. UNDERSTANDING THE LAW uses engaging hypothetical and real examples to illustrate important points of the law and to inspire lively discussion with your peers. This edition incorporates new coverage of ethical issues and the law. These ethical and moral issues are covered in boxed readings as well as throughout each chapter. This edition continues to incorporate coverage of international and comparative law throughout to give you essential knowledge for today's global marketplace. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Litigation by the Numbers

Author: Julie A. Goren
Publisher: N.A
ISBN: 9780974936109
Category: Actions and defenses
Page: 390
View: 2840

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The essential civil litigation handbook devoted to the "HOW TO's " of California procedure. The California Code of Civil Procedure, California Rules of Court, and Judicial Council forms are combined so that the reader learns for any given task: which form to use, how to complete it, and how and when to file and serve it. This step-by-step litigation handbook is used by attorneys, paralegals, and legal secretaries both as a quick reference and as a training tool, and has been adopted as a text by several California college paralegal and legal secretarial programs. Additionally, law librarians of numerous California county law libraries keep it on reserve to help self-represented litigants. Updated at least annually to reflect new rules and forms, the book contains over 390 pages explaining the various phases of a California civil case. Chapters include: Appearance by Plaintiff (preparing the Complaint and all required forms, filing and serving by all allowable methods); Filing and Service (filing and serving documents throughout the case); Default by Defendant (entering a default and obtaining default judgment); Appearance by Defendant (preparing, filing, and serving answers and cross-complaints); Motions (preparing regular motions, discovery motions, ex parte applications, demurrers, and motions to strike); Discovery (setting up depositions of parties and non-parties, preparing, serving, and responding to requests for admission, interrogatories, and requests for production); Settlement and Dismissal (notifying the court of settlement and dismissing the case); Pre-Trial (preparing case management documentation and subpoenaing witnesses); and Judgment and Enforcement (placing liens on real estate, noticing judgment debtor exams, obtaining costs of suit).

How to Modify and Collect Child Support in California

Author: J. L. Matthews,Warren Siegel,Mary Willis
Publisher: NOLO
Category: Alimony
Page: 300
View: 6163

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This work for the custodial parent assists the parent in determining their level of child support and provides instructions for obtaining higher levels of support under California's new laws.

The Legal Understanding of Slavery

From the Historical to the Contemporary
Author: Jean Allain
Publisher: Oxford University Press on Demand
ISBN: 0199660468
Category: Law
Page: 396
View: 9244

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This book examines how slavery is understood in law. It shows how the legal definition of slavery has evolved and continues to be contentious. It traces the understanding of slavery from Roman law through the Middle Ages, the 18th and 19th centuries, up to the modern day manifestations, including forced labour and trafficking in persons.

Surveying the Courtroom

A Land Expert's Guide to Evidence and Civil Procedure
Author: John Briscoe
Publisher: John Wiley & Sons
ISBN: 9780471318408
Category: Law
Page: 203
View: 1510

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An outstanding reference that demystifies the legal process for expert witnesses in land and natural resource disputes A vast and complex body of laws surrounds the ownership and disposition of land resources today––so it is no wonder that land experts who assist in land and natural resource disputes often find themselves grappling with the challenging intricacies of the modern legal process. This book offers a vital road map through the labyrinth of civil laws and procedures that professionals who assist in such cases must navigate. In Surveying the Courtroom, Second Edition, John Briscoe explains––in plain English––all pertinent rules of evidence and procedure. From the filing of a complaint to its resolution, he guides you through each phase of a land or natural resource lawsuit, clearly describing the land expert′s role at each step along the way. He supplies numerous fascinating and instructive case studies and vignettes to illustrate his points and to better prepare you for crucial developments that may arise during the course of a trial. He also provides copious references to applicable codes, statutes, and court decisions, making it easier for you to find the resources needed to verify or refute points, or to arrive at a more profound understanding of a particular subject. Surveying the Courtroom, Second Edition is an indispensable working resource for land surveyors, title abstractors, property appraisers, geologists, hydrologists, geographers, oceanographers, civil and environmental engineers, and all other professionals who are called upon to help courts reach decisions in land and natural resource disputes.

The Civil Law Tradition, 3rd Edition

An Introduction to the Legal Systems of Europe and Latin America
Author: John Henry Merryman,Rogelio Pérez-Perdomo
Publisher: Stanford University Press
ISBN: 0804768331
Category: Law
Page: 192
View: 8404

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Designed for the general reader and students of law, this is a concise history and analysis of the civil law tradition, which is dominant in most of Europe, all of Latin America, and many parts of Asia, Africa, and the Middle East. This new edition deals with recent significant events—such as the fall of the Soviet empire and the resulting precipitous decline of the socialist legal tradition—and their significance for the civil law tradition. The book also incorporates the findings of recent important literature on the legal cultures of civil law countries.

Civil Litigation

Author: Peggy N. Kerley,Joanne Banker Hames,Paul Sukys
Publisher: Taylor & Francis
ISBN: 9780766826694
Category: Business & Economics
Page: 471
View: 9145

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This up-to-date text presents a practical approach for students in understanding the role of the paralegal in the litigation process. Civil Litigation is a comprehensive book that incorporates the use of technology in the law offices of today, and features realistic commentaries and exercises for practical application. This book is a valuable resource for anyone aspiring to a career in the paralegal profession.

Administering the California Special Needs Trust

A Guide for Trustees and Those Who Advise Them
Author: Kevin Urbatsch,Michele Fuller
Publisher: iUniverse
ISBN: 1532001738
Category: Law
Page: 620
View: 6386

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Administering a special needs trust (SNT) is a very important job, which often has a profound impact on the life of persons with disabilities. In most cases, the SNT trustee is providing the beneficiary goods and services that improve their quality of life. In some cases, the SNT trustee may be the only person looking to the beneficiarys welfare. Thus, the role of SNT trustee is often a more substantial role than in many other types of trusteeships. The great SNT trustee is a solid financial manager, accountant, record keeper, legal counselor, public benefits advisor, social worker, housing coordinator, civil rights advocate, guardian, and life coach. This is why author Kevin Urbatsch published his book titled Administering the California Special Needs Trust. It has been five years since the book was published. The reception for it far exceeded expectations. There have been excellent reviews of how it has helped SNT trustees, beneficiaries, their families, and professionals who advise persons with disabilities. After reviewing the book, the Federal Financial Institutions Examination Council (FFIEC) flew Kevin to Washington D.C. to present to federal government bank auditors on what to look for when auditing corporate trustees when banks administer special needs trusts. Other than the numbers that change each year, like SSI or SSDI, the balance of the book was current and up-to-date. However, there were some subjects that were missing in the book plus a couple of big changes that occurred since publication, including the passage of the Affordable Care Act and the ABLE (Achieving a Better Life Experience) Act that provide excellent new tools for the SNT trustee. Kevin recruited several of his professional colleagues to assist in preparing this Second Edition of the book including Michele Fuller, Robert Nuddleman, Herb Thomas, Courtney Kosnik, Scott MacDonald, and Daniel Cutter. With their assistance, Kevin added the following new chapters to the book Paying Caregivers, Paying Trustees Fees, Understanding and Utilizing ABLE Accounts, and Protecting the SNT Trustee. Kevin was also able to update and revise the information in the balance of the book and provide additional forms to make the job of being an SNT trustee safer and more efficient. With the checklists, form documents and law summaries included, Administering the Special Needs Trust contains a wide range of information for those charged with the responsibility of managing an SNT for persons with disabilities.