Author: MICHAEL. VITIELLO
Publisher: West Academic Publishing
ISBN: 9781636592787
Category :
Languages : en
Pages : 0
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Book Description
More than most legal educators, Civil Procedure professors recognize the need to teach their students how arcane legal rules apply to real human problems. That was true when the first edition of Civil Procedure Simulations: Bridge to Practice was published over a decade ago and remains true today. But one might ask why a second edition? The Supreme Court and lower federal courts have addressed some new complex questions since publication of the first edition. The Supreme Court has failed to resolve how its due process minimum contacts analysis works for internet cases, the personal jurisdiction issue in the first edition. Instead, it has complicated basic rules involving brick and mortar defendants. Enter the same trolling reporter Mike Ridge, but since we met him in the first edition, his internet employer fired him and he is now working for a brick and mortar newspaper that is about to publish a devasting story about another young lawyer. Valentina Rossi is contemplating a run for office and Ridge wants to publish a story claiming that she and her former boss had an illicit romance, leading to the termination of an unwanted pregnancy. Although most readers might want to dig into the potentially salacious details, a proceduralist can sense a vertical choice of law issue that has divided lower federal courts: does a state's anti-SLAPP law apply in federal court? For the answers, be sure to read the new simulations.
Author: MICHAEL. VITIELLO
Publisher: West Academic Publishing
ISBN: 9781684670055
Category :
Languages : en
Pages : 172
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Book Description
Legal educators are beginning to recognize the need for their students to hit the ground running when they graduate. This book is designed to helps students to do just that. It consists of nine simulations, covering a wide array of issues arising under the Fourth Amendment, the Fifth Amendment, and Sixth Amendment taught in the basic Criminal Procedure course and gives students the opportunity to learn essential lawyering skills. For example, it puts students in the role of counselor, trial and oral advocate, and legal writer. Some of the chapters include role summaries and require students to present testimony before the trial court hearing the defendant's motion to suppress evidence. Others consist of transcripts of hearings and require students to present arguments to the court. Why a second edition? The Supreme Court has changed the law in some key areas, including whether an officer can search a cell phone as part of a search incident to lawful arrest. One new simulation involves an issue dividing lower courts: whether digital cameras are like cell phones. Importantly, two new simulations allow a full discussion of racial profiling in policing practices.
Author: JAMIE R. ABRAMS
Publisher: West Academic Publishing
ISBN: 9781684673148
Category :
Languages : en
Pages : 141
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Book Description
Legal education pedagogy is transforming rapidly. These simulations bring traditional torts casebooks alive in challenging and empowering ways; bring greater clarity and mastery to tort law concepts; and bridge the study of law into the dynamic practice of law. Using modern simulations representing clients in core "bread and butter" lawyering tasks, students apply their casebook rules to conduct discovery, advise clients, correspond with counsel, draft pleadings, calculate damages, and argue motions. Students move beyond the repetition of appellate cases, incorporating statutes and using secondary sources and practitioner tools to save valuable time and resources. While emphasizing substantive tort law mastery, the simulations further demonstrate how law practice seamlessly connects procedure, substance, and skills.
Author: Michael Malloy
Publisher: West Academic Publishing
ISBN: 9781647085476
Category : Contracts
Languages : en
Pages : 0
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Book Description
This book brings contract law to life through contemporary problems to help students build a skill set they can use in practice. In the real world of practice, abstract contract principles are applied to specific factual settings. Facts don't arrive pre-digested and regurgitated for baby birds or law associates. This book pickpockets life for real-world documents and contemporary situations, like the pandemic, to help students learn how contract law works in practice. Each chapter provides concise discussion of a specific topic or issue in contract law and a realistic, documented problem that provides a base for students and enough material for traditional Socratic method teaching. Imperfect but real contracts will give students the chance to see how client counseling, fact-gathering and careful crafting of contract language can help clients avoid disputes. Stories from art, sports and Internet games make the contract concepts vivid and memorable to facilitate student engagement and productive classroom discussion.
Author: Fred Galves
Publisher: West Academic Publishing
ISBN: 9781640200999
Category : Evidence (Law)
Languages : en
Pages : 0
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Book Description
Softbound - New, softbound print book.
Author: David Benjamin Oppenheimer
Publisher:
ISBN: 9781609304317
Category : Civil procedure
Languages : en
Pages : 0
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Book Description
It's the Civil Procedure Professors' classic lament - litigators who are former students are always telling us that NOW they see why civil procedure is so important, and that NOW they understand it. Our challenge is to make the course accessible to our students while they are enrolled, not just after they start practicing. The Patt v. Donner case file is intended to do just that - to help civil procedure students put the course in context as they study, by requiring them to follow, and help draft the pleadings, as a simulated case unfolds from the first day of the semester to the last. On day 1 students watch a ten-minute You Tube(tm) video of an initial client interview. Paula Patt, a newly arrived graduate student at UC Berkeley has been denied an apartment; she suspects it's because she's a single mother. Over the course of the semester students participate in drafting her complaint and seeking a TRO; switch sides to help complete motions to dismiss for failure to state a claim, lack of personal jurisdiction, and lack of subject matter jurisdiction; switch back to amend the complaint and move for discovery sanctions; and conclude the term with jury voir dire and a settlement negotiation. Each pleading exercise provides the student with a largely completed pleading; all they need to do is draft a few key paragraphs. The exercises can be completed as homework or in class, as solo assignments or in teams, and with feedback from the instructor, teaching assistants, or through peer review.
Author: John G. Sprankling
Publisher: West Academic Publishing
ISBN: 9780314277886
Category : Property
Languages : en
Pages : 0
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Book Description
Softbound - New, softbound print book.
Author: Philip G. Schrag
Publisher:
ISBN:
Category : Civil procedure
Languages : en
Pages : 370
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Book Description
Author: Stephen N. Subrin
Publisher: Aspen Publishing
ISBN:
Category : Law
Languages : en
Pages : 1792
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Book Description
Written by respected scholars and experienced educators, this book showcases rules and doctrine of civil procedure at work in the practice of law. The book focuses on civil rights both to engage student’s by focusing on issues they care out and to illustrate the impact of procedure on real people’s experience with the legal system. The cases are framed in their historical and social context. Each chapter contains a well-written introduction, cases, and clear explanations of the doctrine, supported by readings highlighting the context of the case as well as review questions and comments which deepen students’ understanding and clarify key concepts, and offers more than forty well-crafted problems (both for class use and review), to help students solidify their understanding of the materials whether used in class or as out-of-class assignments. In-class exercises and simulations based on a sample case file are integrated throughout. Pleadings, memoranda, transcripts, exhibits, motions, and more – all taken from a real case – appear in the Appendix. Civil Procedure: Doctrine, Practice, and Context consistently emphasizes the skills and values of lawyering as it offers a consideration of social responsibility. New to the 7th Edition: The inclusion of more examples and problem sets to make the materials more accessible and the concepts more concrete The addition of more practice exercises, with a focus on one set of Case Files throughout the book, rather than the two that were used in prior editions With the removal of Warner v. City of New York case files (because most professors did not have time to use the Warner case files into their courses), issues that are unique to public law litigation are woven throughout the book with practice problems, examples, comments, and questions. This revision will make it easier for professors to incorporate these issues into the course. Professors and students will benefit from: Practice exercises allow students to learn by doing – integrating doctrine, practice, and context. These exercises can be covered in class or, instead, recommended as content for study groups. Topics that are especially hard to teach (like discovery) and those that require a lot of time to teach have been rewritten to respond to adopters’ requests. A case file involving a car accident that is both accessible to first year students and provides good teaching tools for procedure professors to show how a case is litigated from complaint through trial. Because the case file involves a relatively simple state court case, it provides an opportunity to compare state and federal procedural regimes. Review questions focus on student comprehension; broader critical questions are separated out in “questions to ponder” sections. Questions are answered in the teacher’s manual. Background material has been integrated to promote critical thinking and engage students with the latest debates over civil procedure. New practice problems promote engagement with cutting edge issues like Multidistrict Litigation. The authors are developing an online community for adopters – in addition to the teacher’s manual -- to help better facilitate the learning and teaching process for this book.
Author: DAVID BENJAMIN. OPPENHEIMER
Publisher:
ISBN: 9781683288886
Category :
Languages : en
Pages :
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Book Description
