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Author: David S. Weissbrodt
Publisher:
ISBN: 9780769849140
Category : Torts
Languages : en
Pages : 0
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Book Description
To order a paperback version of this casebook, please click here. This book seeks to explain tort law through an examination of the common law process and the substantive rules and principles that have emerged as a result. The Common Law of Process of Torts introduces students to legal reasoning. Students learn not only how to understand the rationale behind judicial opinions, but also how to predict and develop the legal arguments that will likely be successful. The limited scope of the casebook focuses and sharpens the students' understanding of the crucial issues of substantive tort law. Perhaps more importantly, it helps explain the nature of law and the law's relationship to justice. The Common Law of Process of Torts also assists beginning law students in understanding the procedural context in which torts cases arise and thus developing an additional perspective on civil procedure. Although many beginning law students find civil procedure to be quite difficult, the casebook's explanations and contextual examples of key procedural devices act as a user-friendly and practical guide to that area of law.
Author: David S. Weissbrodt
Publisher:
ISBN: 9780769849140
Category : Torts
Languages : en
Pages : 0
Get Book Here
Book Description
To order a paperback version of this casebook, please click here. This book seeks to explain tort law through an examination of the common law process and the substantive rules and principles that have emerged as a result. The Common Law of Process of Torts introduces students to legal reasoning. Students learn not only how to understand the rationale behind judicial opinions, but also how to predict and develop the legal arguments that will likely be successful. The limited scope of the casebook focuses and sharpens the students' understanding of the crucial issues of substantive tort law. Perhaps more importantly, it helps explain the nature of law and the law's relationship to justice. The Common Law of Process of Torts also assists beginning law students in understanding the procedural context in which torts cases arise and thus developing an additional perspective on civil procedure. Although many beginning law students find civil procedure to be quite difficult, the casebook's explanations and contextual examples of key procedural devices act as a user-friendly and practical guide to that area of law.
Author: Sheldon H. Nahmod
Publisher:
ISBN: 9781632815507
Category : Constitutional torts
Languages : en
Pages : 0
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Book Description
To view or download the 2018 Supplement to this book, click here. This casebook emphasizes important circuit court decisions together with relevant Supreme Court case law. This enables students to see how principles articulated in Supreme Court decisions are implemented by lower courts. Constitutional Torts also addresses affirmative duties, constitutional tort actions in state courts, and attorney's fees. Further, this book is organized around the statutory language of section 1983, thereby driving home the crucial distinction between prima facie cases and constitutional tort immunities and defenses. The fourth edition covers Supreme Court decisions from the past several years, including Minneci v. Pollard (chapter 1), Lane v. Franks and Plumhoff v. Rickard (chapter 3), Connick v. Thompson (chapter 5), Rehberg v. Paulk (chapter 7), Carroll v. Carman, Reichle v. Howards, Ashcroft v. Al-Kidd, Camreta v. Greene, Tolan v. Cotton, Ortiz v. Johnson and Filarsky v. Delia (chapter 8), Lefemine v. Wideman and Perdue v. Kenny A. (chapter 12). The circuit courts have been active over the past few years. We have extensively revised the notes to take account of the recent developments. This edition also welcomes Fred Smith as a coauthor. Constitutional Torts studies circuit and district court decisions as crucial to understanding the developing law of Section 1983, because (a) they show how general principles of law pronounced by the Supreme Court are actually applied; (b) the Supreme Court rarely visits some important aspects of the doctrine; and (c) in this dynamic area of the law, the lower courts are the first to identify new issues and new ways of approaching old problems. At the same time, the materials continue to emphasize the "tort" aspects of Section 1983 litigation, especially with regard to affirmative duties, causation, official immunity, and damages. These materials illuminate both the similarities and differences between constitutional torts and analogous principles developed in the common law tort setting. By studying both tort and constitutional principles, students learn how to argue for and against the application of common law tort principles to constitutional tort issues, and will come to understand both the theoretical and practical consequences of the constitutional underpinnings of the litigation. Constitutional Torts provides a thorough treatment of compensatory damages, punitive damages, injunctive relief, and attorneys' fees. These materials not only explain the basic doctrine, but explore their strategic implications on the conduct of litigation. A Teacher's Manual is available to professors. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.
Author: Arthur Ripstein
Publisher: Harvard University Press
ISBN: 0674659805
Category : Law
Languages : en
Pages : 328
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Book Description
Chapter 8. Remedies, Part 1: As If It Had Never Happened -- Chapter 9. Remedies, Part 2: Before a Court -- Chapter 10. Conclusion: Horizontal and Vertical -- Index
Author: Donald Marshall
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 818
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Book Description
Author: James Gordley
Publisher: Cambridge University Press
ISBN: 1108835848
Category : Law
Languages : en
Pages : 735
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Book Description
Original sources illustrate and compare the principal doctrines of private law in the United States, England, France, Germany and China.
Author: Melvin Aron Eisenberg
Publisher: Harvard University Press
ISBN: 9780674604810
Category : Law
Languages : en
Pages : 220
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Book Description
Common law rules predominate in some areas of law, such as torts and contracts, and are extremely important in other areas, such as corporations. Nevertheless, it has been unclear what principles courts use—or should use—in establishing common law rules. In this lucid book, Melvin Eisenberg develops the principles that govern this process.
Author: John Gardner
Publisher: Oxford University Press
ISBN: 0192596152
Category : Law
Languages : en
Pages : 350
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Book Description
Torts and other Wrongs is a collection of eleven of the author's essays on the theory of the law of torts and its place in the law more generally. Two new essays accompany nine previously published pieces, a number of which are already established classics of theoretical writing on private law. Together they range across the distinction between torts and other wrongs, the moral significance of outcomes, the nature and role of corrective and distributive justice, the justification
Author: Stuart M. Speiser
Publisher:
ISBN:
Category : Torts
Languages : en
Pages : 1230
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Book Description
Author: John Oberdiek
Publisher:
ISBN: 0198701381
Category : Law
Languages : en
Pages : 464
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Book Description
This book offers a rich insight into the law of torts and cognate fileds, and will be of broad interest to those working in legal and moral philosophy. It has contributions from all over the world and represents the state-of-the art in tort theory.
Author:
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages :
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Book Description
