Author: Tina L. Stark
Publisher: ALM Publishing
Release Date: 2003
This resource educates lawyers and business professionals on how to draft "boilerplate" provisions, a legal term that refers to the standardized, one-size-fits-all provisions that generally appear at the end of a contract. Each chapter tackles one of 20 provisions and analyzes why it is important, the key legal and business issues raised, and how to draft the provision to suit a particular transaction. This analysis not only helps readers better understand how to draft these provisions in their contracts, but also helps them better understand the other party's proposed provision.
Author: Deborah A. Schmedemann
Publisher: Wolters Kluwer Law & Business
Release Date: 2017-02-17
Synthesis: Legal Reading, Reasoning, and Communication employs a successful step-by-step approach to effective legal reasoning and writing skills, teaching students how to think like a lawyer: how to read the law, how to reason a client’s situation, and how to write about the case in different legal forms. Maintaining a pedagogy designed to teach students in a variety of ways, the text incorporates numerous charts and diagrams for visual learners. Exercises—based on tort law issues that are particularly accessible to first-year students—provide opportunities for active application of skills. Also included is complete coverage of memo and brief writing. The book is accompanied by a Teacher’s Manual that contains additional exercises based on different areas of the first-year curriculum, suggestions for how to most effectively use the book, and sample syllabi.
Author: Nancy S. Kim
Publisher: Edward Elgar Publishing
Release Date: 2016-09-30
This accessible textbook helps students learn essential transactional skills by explaining the meaning and purpose of common contract clauses and exploring some potential pitfalls associated with their use. Nancy Kim utilizes select case summaries and contract clause examples to illustrate doctrinal concepts and how they may affect a transaction. The Fundamentals of Contract Law and Clauses will prove to be an invaluable resource in the classroom, as it will support law students in becoming preventive lawyers by teaching them how to preempt problems, reduce risks and add value to transactions.
Author: Lenné Eidson Espenschied
Publisher: American Bar Association
Release Date: 2010
Contract Drafting: Powerful Prose in Transactional Practice presents an overview of the stages in the contract process and offers a comprehensive introduction to the substantive areas addressed in transactional documents. In fourteen lessons, readers will learn how to work from prior documents to produce effective and complete legal documents that protect the client's interests.
Author: Scott J. Burnham
Publisher: John Wiley & Sons
Release Date: 2011-12-06
Take the mumbo jumbo out of contract law and ace your contracts course. This hands-on guide give you plain-English explanations of terminology and language used in contracts, showing you how to read and analyze cases and statues with ease.
Author: Ellen S. Podgor
Release Date: 2009-04-27
This is a book that provides a preliminary examination of seventeen different subjects covered in law schools across the United States. Each chapter offers a succinct and organized review of the topic and begins with a detailed outline of the subject. Expert legal academics, drawn from a number of outstanding American law schools, authored each of the different chapters. The opening chapter of the book provides an overview of the legal system in the United States, and offers comparison with a civil code system. The book covers basic first year courses like Contracts, Torts, Criminal Law, Civil Procedure, Constitutional Law, and Property. It also examines typical bar-type courses such as Wills and Trusts, Evidence, and Family Law. Finally, there are chapters on some "hot topics," such as Intellectual Property. The final chapter of the book examines the practice of law in the United States. Overview of U.S. Law is intended for students who are considering attending law school, those who plan to participate in an LL.M. program in the United States, and those outside the U.S. who seek an overview of the legal system. The chapters were designed with foreign lawyers and international students in mind. This book is part of a project, which the editors affectionately refer to as "The U.S. Law Project." The actual project includes lectures on each of the subjects covered in the book, and the video lectures are presented by the same individual who authored the chapter in the book.
Author: Robert A. Feldman
Publisher: Aspen Publishers Online
Release Date: 1999
The professionaland’s favored tool for over a decade, this backbone reference provides a comprehensive set of drafting elements that can be used from contract to contract. Move step-by-step through the contract-creation process and—from conducting the initial client meeting to closing the deal, with detailed discussions of the eleven, essential drafting elements, parties, recitals, subject, consideration, warranties and representations, risk allocation, conditions, performance, dates and term, boilerplate, and signatures. By Robert A. Feldman and Raymond T. Nimmer A favorite reference tool for professional drafters for over a decade, Drafting Effective Contracts combines a clear analysis of how effective agreements are structured with a practical breakdown of the essential elements of any contractand— giving you the best way to draft contracts. This completely updated practical reference guide presents a consistent structural analysis and a comprehensive set of drafting elements that can be used from contract to contract. You are led step-by-step through the process by which contracts are created, given clear sample contract provisions, and offered direction around the obstacles that may be encountered in drafting agreements for goods and services, promissory notes, guaranties, and secured transactions. Drafting Effective Contracts provides a complete handbook for drafting legal agreements that work. For starters, you get a practical and comprehensive approach to the overall contract processand—from conducting the initial client meeting to closing the deal. Youand’ll find a detailed discussion of the 11 drafting elements that every contract may have: Parties Recitals Subject Consideration Warranties and Representations Risk Allocation Conditions Performance Dates and Term Boilerplate Signatures After you get a solid explanation of these essential elements and how theyand’re assembled to create effective contracts, you get key strategies for negotiating the agreement and closing the deal. You get an overview of the legal concepts that underpin various types of agreements and—such as promissory notes, guaranties, security agreements, and agreements for the sale of goods and services. Then youand’ll see how to apply the drafting elements to create the finished contract. You also get an array of sample agreements and contracts as well as statutory material. Only Drafting Effective Contracts combines the best benefits of a forms book and a treatise to give you the most complete tool for building effective legal agreements.
Author: Bonita K. Roberts
Release Date: 2015-08-12
Legal Research Guide: Patterns and Practice has been popular with both law students, attorneys, and other researchers. The new edition continues its rich tradition and leader as a practical guide to the research process and the checklist approach. This Seventh Edition, explains the interrelationship of manual and electronic research. Each method has its advantages and disadvantages. To do legal research accurately, quickly, and efficiently, the researcher must have a basic understanding of each method. Each is an important component and is best suited to certain types of information. Even with advances in electronic research, the authors believe that it is important to understand the manual research process and that some research can still be done more efficiently or completely through manual research due to the time and substance restrictions in databases. The eBook versions of this title feature links to Lexis Advance for further legal research options.
Author: Charlotte Waelde
Publisher: Oxford University Press
Release Date: 2016-07-21
Contemporary Intellectual Property: Law and Policy offers a unique perspective on intellectual property law. It goes beyond an up-to-date account of the law and examines the complex policies that inform and guide modern intellectual property law at the domestic (including Scottish), Europeanand international levels, giving the reader a true insight into the discipline and the shape of things to come. The focus is on contemporary challenges to intellectual property law and policy and the reader is encouraged to engage critically both with the text and the subject matter. Carefully developed to ensure that the complexities of the subject are addressed in a clear and approachable manner, the extensive use of practical examples, exercises and visual aids throughout the text enliven the subject and stimulate the reader. Online Resource Centre:* Accompanied by an online resource centre which contains the following:* Updates to key areas of law * Two bonus chapters on 'History of Registered Design Law in the UK to 1988' and 'History of Unregistered Design -Protection in the UK'* Guidance on answering the discussion points from the book* Web links and further reading
Author: Robert F. Cochran, Jr.
Release Date: 2014-10-29
This eBook takes a collaborative approach to legal interviewing and counseling. It suggests that clients will be best served when lawyers and clients work together to resolve problems. Under a collaborative decision-making model, the client controls most decisions, but the lawyer structures the process and provides advice in a manner that is likely to yield wise decisions. The Counselor-at-Law explores the major approaches to legal interviewing and counseling and outlines the available research on the psychology and the sociology of clients and lawyers. This eBook explores communication and decision-making theory, memory and recall, power and submission, personality types, and ethics. From this base, the authors construct a model of interviewing and counseling based on the techniques that are effective in real-life encounters. They also include psychological type theory and explain how it can be used to improve a lawyer's communication, interviewing, and counseling skills. This innovative casebook provides students with a template for effective legal interviewing and counseling. The most effective legal counselors are the ones instilled with respect for the client, cognizant of building rapport, aware of the psychological dynamics of the lawyer-client relationship, and equipped with technical communication skills to gather information without sacrificing rapport. This eBook features links to Lexis Advance for further legal research options.
Author: I. Richard Gershon
Release Date: 2015-08-12
This Guide book does not teach substantive tax law, which constantly changes, but rather the language of tax, which largely remains constant. Thus, a student who learns how to read the Internal Revenue Code effectively will be able to understand each new tax reform. To that end, A Student's Guide to the Internal Revenue Code: • Examines statutory organization and language; • Introduces basic tax constants to provide a frame of reference from which to view tax law, no matter what future tax reform might bring; • Teaches how to use and research the cases, regulations, and Internal Revenue proclamations; • Provides numerous problems and exam questions which students can use to test their ability to apply the language of the Internal Revenue Code; and • Provides sample answers to problems and exams for students to monitor their progress. The eBook versions of this title feature links to Lexis Advance for further legal research options.