Examples Explanations for Federal Courts

Author: Laura E. Little
Publisher: Wolters Kluwer Law & Business
ISBN: 9781454841609
Release Date: 2013-09-24
Genre: Law

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

Civil Procedure

Author: Joseph W. Glannon
Publisher: Aspen Publishers Online
ISBN: 9780735570337
Release Date: 2008
Genre: Law

For two decades Examples & Explanations: Civil Procedure has helped students understand the intricacies of civil procedure. Professor Glannon, using the extremely successful Examples & Explanations format that he created, teaches students about civil procedure in an entertaining and elucidating way. Now in its Sixth Edition, this amazing study aid continues to provide clear, engaging introductions to the principles of civil procedure, together with appealing examples that illustrate how these principles apply in typical cases. Students and professors are united in their high regard for this text that helps make a difficult subject accessible: Professor Glannon's unique and entertaining style engages students and helps them to more easily understand difficult concepts Clear and accessible introductions and explanations cover all aspects of the first-year course including the difficult areas of res judicata, collateral estoppel, personal and subject matter jurisdiction, and three chapters on various aspects of the Erie doctrine The proven and popular examples and explanations format is highly effective for learning and applying the Federal Rules of Civil Procedure Examples progress gradually from simple to challenging and build students' confidence The frequent use of visual aids including diagrams, charts, and documents helps students grasp complicated ideas The Sixth Edition has been completely updated throughout, and all citations reflect the most current law. In addition: A new chapter on joinder analyzing Rules 19 and 24 Revisions to reflect the extensive 2007 stylistic amendments to the Federal Rules of Civil Procedure Give your students the help they need to master difficult topics. Be sure to recommend this highly acclaimed study guide--tested by students, instructors, and time.

Intellectual Property

Author: Stephen M. McJohn
Publisher: Aspen Publishers Online
ISBN: 9780735577336
Release Date: 2009
Genre: Law

Keeping up with the fast pace of change in Intellectual Property, the third edition of Examples & Explanations: Intellectual Property offers timely coverage of central concepts in the proven-effective Examples & Explanations format. Student-friendly, concise, and timely, Examples & Explanations: Intellectual Property features: complete coverage keyed to the leading IP casebooks for the survey course proven-effective Examples & Explanations pedagogy that fills in any gaps in students' understanding of casebook assignments consistent emphasis on central concepts, without digressing into more advanced topics free-standing chapters that are easily adapted to any course structure and make this study guide useful to as a reference throughout the semester Key Concepts and Policy Issues highlighted in each chapter Updated throughout, the Third Edition includes: new developments effecting Internet service providers new material on patents, including landmark Supreme Court cases (on first sale, injunctions, patentable subject matter, licensing, declaratory judgments, nonobviousness, infringement abroad, and experimental use) and key Federal Circuit cases minimum statutory damages for downloading music originality--copyright in forms, digital images of public domain works DMCA anticurcumvention provisions new exemptions cases protecting legitimate uses of copyright protected works First Amendment limits on Congress' power to expand copyright protection international issues, such as copyright restoration for foreign works, and scope of protection abroad for US works copyright protection for databases, software, and orphan works consumers licensing, such as click-through copyright licenses and arbitration clauses new material on fair use thumbnail images in search engines Google Book case Turnitin, on-line plagiarism protection Public records in private databases Legal documents new cases on audio books, sampling, and data use restrictions new material on patents, including landmark Supreme Court cases and key Federal Circuit cases new material on trademark Trademark Dilution Revision Act use of trademarks as keywords in search engine advertising unauthorized use of trademarks in video games and films cases on likelihood of confusion standard, scope of international protection, functionality of trade dress, and fair use of trademarks new material on trade secret, such as remedies, reverse engineering, and government use of trade secret information new material on state intellectual property law, such as First Amendment limits on right of publicity; unjust enrichment and Intellectual Property law; scope of employee invention assignment agreements; preemption by federal law Intellectual Property is a big field and continually in the throes of change. Stephen M. McJohn keeps his coverage focused and current in Examples & Explanations: Intellectual Property, Third Edition. for a complete, concise, and clear introduction to central IP concepts, trust the proven-effective Examples & Explanations methodology to convey Intellectual Property concepts to your students.

Examples Explanations for Criminal Procedure II

Author: Richard G. Singer
Publisher: Wolters Kluwer Law & Business
ISBN: 9781454839385
Release Date: 2014-12-09
Genre: Law

An E&E for the second semester criminal procedure course, covering all the post-arrest or ""bail to jail"" topics. Features: Time-tested examples-and-explanations pedagogy helps students master material. Clear and engaging writing style makes complex topics accessible to students. Comprehensive coverage makes this a complete student study aid for the Criminal Procedure II course. Effectively compares approaches taken by various jurisdictions. Sentencing chapter includes a detailed discussion of Apprendi, Blakely, and Booker. Professor Singer was counsel in Apprendi. Well-known author. Only book to discuss victims' rights. Highlights of the third edition will include: Continued focus, begun in the second edition, of non-criminal trial remedies for prosecutorial misconduct, particularly in light of the Duke LaCrosse case, and the Supreme Court s decision in Van de Kamp and the dismissal, as moot, of Pottawattamie County, which raised the question of prosecutorial civil liability for deliberate use of perjured testimony. The Court s treatment of ABA standards, especially those relating to effective assistance of counsel, in light of Van Hook. Examination of the impact of Booker, Gall, and other decisions such as O'Brien on not only federal guidelines, but on state sentencing systems as well. Emphasis on the continuing struggle with rules of discovery, both as a constitutional matter, and as a matter of court rules, both federal and state. The Court's apparent expansion of the right to counsel, in Rothgery and other cases, and the belief, among commentators, that Rothgery will, in the near future, be expanded to reach appointed counsel. The Court's willingness, as seen in Padilla v. Kentucky, to impose on counsel, but not on judges, the duty to provide defendants prior to entry of a guilty plea of important information on collateral matters.

Constitutional Law National Power and Federalism

Author: Christopher N. May
Publisher: Aspen Publishers Online
ISBN: 0735562113
Release Date: 2007
Genre: Law

Part of a two-volume set, CONSTITUTIONAL LAW: National Power and Federalism continues to be a favorite with its tried-and-true E&E pedagogy. It is a problem-oriented guide designed and organized to complement major Constitutional Law casebooks. It takes students through the principal doctrines of constitutional law covered in a typical course, focusing on the powers of the federal courts, Congress, and the President; and examines the doctrines of separation of power and federalism, as well as some of the limitations that the Constitution imposes on state powers. This edition retains the great features that have always made it a dependable source for students. the text is: straightforward in nature, though not overly simplistic presented in a format that is unique and time-tested. Its E&E pedagogy combines textual material with well-written and comprehensive examples, explanations, and questions to test students comprehension of the material and provide practice in applying legal principles to fact patterns. the questions, which develop a variety of issues in one fact situation, are similar to those on a law school or bar examination a problem-oriented guide that takes students through the principal doctrines of constitutional law that are covered in a typical course designed to make students think, with depth and perception, about the larger issues of constitutional law part of a two-volume set that includes a corresponding treatment of Individual Rights. Together, these volumes present a foundation in the doctrines and methods of constitutional law and constitutional argument organized in easily digestible sections. It explains legal concepts and principles, followed by examples and analysis that illustrate how to apply these concepts and principles in hypothetical situations strong in authorship, as the authors have more than 50 years of combined experience in the area of constitutional law The Fourth Edition also includes an abundance of updated & timely information, including: approximately forty new Supreme Court cases decided during the 2003-04, 2004-05, and 2005-06 terms, as well as a number of significant lower federal court decisions. Some of the more noteworthy cases are: - DaimlerChrysler Corp. v. Cuno (taxpayer standing); - Elk Grove Unified School District v. Newdow (parental standing); - Kowalski v. Tesmer (attorney standing); - Gonzales v. Raich (governments use of the commerce power to regulate medicinal use of homegrown marijuana); - Tennessee v. Lane (congressional abrogation of state sovereign immunity); - Sanchez-Llamas v. Oregon (binding effect of World Court treaty interpretations on U.S. Supreme Court); - Hamdan v. Rumsfeld (judicial review of presidential war powers during wartime); - Evans v. Stephens (Presidents appointment of federal judges without consent of Senate); and - Bach v. Pataki (state discrimination against nonresidents with respect to ability to carry handguns). refreshed and updated examples and explanations to put the material in context for your students

Examples Explanations for Conflict of Laws

Author: Michael H. Hoffheimer
Publisher: Wolters Kluwer Law & Business
ISBN: 9781454874720
Release Date: 2016-01-31
Genre: Law

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. Clear, informal, and even humorous, Examples & Explanations: Conflicts of Law, 3E, explores all of the topics covered in Conflicts courses, including personal jurisdiction and the Erie doctrine. It provides full treatment of traditional and modern approaches to choice of law and proof of law, with up-to-date coverage of constitutional limits. Big-picture overviews and accurate statement rules are reinforced with concrete examples and test-taking tips. The powerful Examples & Explanations pedagogy works especially well for Conflict of Laws where students gain understanding of rules and policies by applying them to new fact patterns. Summaries of leading cases found in most casebooks and a modular organization allows easy adaptation to any course. The Third Edition adds new Supreme Court decisions, provides a new chapter on transfers and forum non conveniens, and adds coverage of the new European Union rules on inheritance and wills. Features: Updated coverage of marriage and constitutional rights after Obergefell decision legalizing same-sex marriage. Eliminates consideration of authorities and policy debates that are dated or inaccurate after Obergefell. Revises personal jurisdiction chapters adding Supreme Court cases clarifying general jurisdiction based on significant contacts. Adds chapter on transfer and forum non conveniens discussing Supreme Court cases. Revises explanations to incorporate latest law from appellate courts.

Federal Courts Cases and Materials on Judicial Federalism and the Lawyering Process

Author: Arthur D. Hellman
Publisher: LexisNexis
ISBN: 9780327194958
Release Date: 2013-05-29
Genre: Law

The Third Edition of Federal Courts: Cases and Materials on Judicial Federalism and the Lawyering Process follows the approach of the two previous editions (published in 2005 and 2009). It concentrates on the main lines of doctrinal development and their implications for future disputes rather than attempting an encyclopedic treatment of subsidiary points. It emphasizes elements of litigation strategy and the practical application of doctrine as well as the underlying policy and theoretical issues. Federal Courts: Cases and Materials on Judicial Federalism and the Lawyering Process is the product of the authors' rethinking of what a Federal Courts course can be. Although fully attentive to the deeper theoretical issues of federalism and separation of powers raised by the cases, the book also focuses on giving students the grounding they will need to be effective lawyer-litigators. The objective of the book is to provide students with the doctrinal, theoretical, and practical education that will enable them to identify and strategically employ jurisdictional tools to effectively serve their clients. Two major themes make Federal Courts: Cases and Materials on Judicial Federalism and the Lawyering Process distinctive among Federal Courts casebooks: • This book gives sustained and systematic attention to the role of state courts as a forum for litigation of federal issues. • This book is grounded in the realities of litigation today -- in particular, the strong tendency of defendants in civil litigation to prefer federal court over state court. The statutory device of removal, and other issues that dominate contemporary litigation, are addressed throughout this book. In addition, Federal Courts: Cases and Materials on Judicial Federalism and the Lawyering Process is organized in a way that facilitates learning and reinforces important points. A modular design enables teachers to select particular aspects of larger topics for made-to-order course coverage. Based on the authors' extensive classroom experience teaching Federal Courts, this book effectively integrates problems as teaching and learning tools. The problems have been carefully designed to require students to identify and apply relevant concepts from the governing law, including the cases in the book, from the perspective of a lawyer seeking to accomplish a particular goal. Many of the problems are based on recent appellate cases. Federal Courts: Cases and Materials on Judicial Federalism and the Lawyering Process provides thorough coverage of the public law issues that dominate scholarly writings on federal courts, but it is also uniquely geared to preparing students to serve their clients effectively in more routine litigation matters. Significant revisions to the Third Edition include: • Extensive coverage of the important revisions to the law governing removal made by the Federal Courts Jurisdiction and Venue Clarification Act of 2011 (JVCA). • Introduction of aspects of removal jurisdiction not previously covered. • Seven new principal cases on topics ranging from qualified immunity to constitutional limits on non-Article III courts and state-court power to decline to hear federal claims. • New problems on a variety of topics, including justiciability, the Anti-Injunction Act, supervisory liability under §1983, jurisdiction-stripping, and the Rooker-Feldman doctrine.

Property

Author: D. Barlow Burke
Publisher: Aspen Publishers Online
ISBN: 9780735570313
Release Date: 2008
Genre: Law

The focused coverage of Examples & Explanations: Property, Third Edition , along with the proven Examples & Explanations format, which combines textual material with well-written examples, explanations, and questions that test the reader's understanding of the material covered, makes this text an invaluable means for helping students master the intricacies of property law. Among the features that have made this study aid a success: eminently clear and readable text six-part topical organization that matches the coverage of most first-year property courses and follows the organization of the best selling property casebook by Dukeminier, Krier, Alexander & Schill rich pedagogy includes boldfaced legal terms and visual aids, such as charts and diagrams, especially for common-law estates--a topic that lends itself to diagrammatic presentation the authors address principal cases used in most leading casebooks skilled and experienced authorship by long-time teachers and scholars of property law New to the Third Edition: updated coverage of takings to include recent Supreme Court cases Tahoe-Sierra Preservation Council Inc. v. Tahoe Regional Planning Agency, Kelo v. New London, and Lingle v. Chevron U.S.A. expanded introduction to trusts with clear and detailed descriptions of a trust, a grantor, a trustee, a life beneficiary, and a remainderman new substantive material added to coverage of: the recording acts the Third Restatement of Property concerning Servitudes (covenants and equitable servitudes) Private Nuisance--Chapter 27--adjacent and subjacent support updated coverage of the Rule Against Perpetuities many examples and explanations have been revised for greater clarity and effectiveness language in the text has been simplified where needed for even greater accessibility With its focused coverage, concise format, and problem-based format, Examples & Explanations: Property, Third Edition, continues to provide Property students with the help and confidence they need to master this difficult first-year course.

Behind the Bench

Author: Debra Strauss
Publisher: West Academic
ISBN: 9781683286172
Release Date: 2016-12-09
Genre: Law

Author Debra M. Strauss, J.D. explains all aspects of clerkships in this newly revised edition. The book includes updated information and resources as your go-to source on judicial clerkships, focusing on what clerkships are, what kind of work clerks do, why you should apply, how to find and apply for the type of clerkship that would be right for you, how to give a strong interview, and why clerkships give you stellar credentials that prospective employers will actively seek out. Behind the Bench: The Guide to Judicial Clerkships is filled with nuts and bolts advice on all elements of the application process, including building a successful application, interviewing, etiquette of offers and acceptances, and special strategies designed to help you in your quest for the perfect clerkship. To further lay the groundwork for a positive experience, this title also features a special section on how to prepare for your clerkship, as well as the code of conduct for law clerks. As an entree into the world of the courts, this is an indispensable handbook for every law student and potential judicial clerk!

Basic Contract Law for Paralegals

Author: Jeffrey A. Helewitz
Publisher: Aspen Publishers Online
ISBN: 9780735587267
Release Date: 2010
Genre: Law

Basic Contract Law for Paralegals became the market-leader with its quick, simple, and straightforward introduction to the basics of contract law for paralegal students. The manageable length makes this book ideal for shorter courses. Comprehensive coverage includes a chapter on drafting simple contracts. Clearly written text and lively examples help students understand the law. Well-crafted pedagogy includes chapter overviews, highlighted examples, key terms, review questions, sample clauses for analysis, edited cases, chapter summaries, and end-of-chapter exercises. Ethical problems are presented at the end of each chapter to raise awareness of professional responsibility in practice.The revised Seventh Edition presents new and updated case excerpts, assignments, and examples.Features: quick, simple, straightforward introduction the basics of contract law for paralegal studentscomprehensive coverage includes a chapter on drafting simple contractslively examples help students understand the law well-crafted pedagogychapter overviews highlighted exampleskey termsreview questions sample clauses for analysisedited cases chapter summaries exercises manageable length, ideal for shorter courses.ethical problems at the end of each chapter raise awareness of professional responsibility in practicesample contracts in the Appendix The revised Seventh Edition presents: new and updated case excerpts, assignments, and examples

Financial Investigation and Forensic Accounting Third Edition

Author: George A. Manning, Ph.D, CFE, EA
Publisher: CRC Press
ISBN: 9781439825679
Release Date: 2016-04-19
Genre: Law

As economic crimes continue to increase, accountants and law enforcement personnel must be vigilant in expanding their knowledge of ways to detect these clandestine operations. Written by a retired IRS agent with more than twenty years of experience, Financial Investigation and Forensic Accounting, Third Edition offers a complete examination of the current methods and legal considerations involved in the detection and prosecution of economic crimes. Explores a range of crimes Following an overview of the economic cost of crime, the book examines different types of offenses with a financial element, ranging from arson to tax evasion. It explores offshore activities and the means criminals use to hide their ill-gotten gains. The author provides a thorough review of evidentiary rules as well as the protocol involved in search warrants. He examines the two modalities used to prove financial crime: the Net Worth Method and the Expenditure Theory, and presents an example scenario based on real-life incidents. Organized crime and consumer fraud Additional topics include organized crime and money laundering — with profiles of the most nefarious cartels — consumer and business fraud and the different schemes that befall the unwary, computer crimes, and issues surrounding banking and finance. The book also presents focused and concrete advice on trial preparation and specific accounting and audit techniques. New chapters in the third edition New material enhances this third edition, including new chapters on investigative interview analysis and document examination, as well as advice for fraud examiners working on private cases, including the preparation of an engagement letter. For a successful prosecution, it is essential to recognize financial crime at its early stages. This practical text presents the nuts and bolts of fraud examination and forensic accounting, enabling investigators to stay ahead of an area that is increasingly taking on global importance.

Administrative Law

Author: William F. Funk
Publisher: Aspen Publishers
ISBN: 9780735578272
Release Date: 2009-01-01
Genre: Law

Combining distinguished authorship and the proven-effective Examples & Explanations pedagogy, this concise study guide, now in its Third Edition, is an invaluable resource for students struggling to understand the case law, statutory law, agencies, and procedures that make up Administrative Law. Updated throughout, the Third Edition of Examples & Explanations: Administrative Law features: distinguished authors known for their scholarship in the field helpful big-picture overviews of administrative agencies clear and detailed introductions to central concepts and procedures examples and explanations that focus on vivid, real-world issues and essential principles and practices thorough coverage of federal administrative law that is consistent with the content in the leading casebooks cites and references to the major cases cited in the leading casebooks coverage and excerpts from the Administrative Procedure Act a modular chapter organization that can be adapted to suit a variety of courses coverage of the OPEN Government Act of 2007, amending the Freedom of Information Act Examples & Explanations: Administrative Law, Third Edition, is a current and straightforward resource that you can recommend to your students with confidence.

Payment Systems

Author: James Brook
Publisher: Aspen Publishers Online
ISBN: 9780735562424
Release Date: 2007
Genre: Law

Using the proven Examples & Explanations format, Examples & Explanations: Payment Systems, Third Edition, provides students with a clear, engaging introduction to the principles of Payment Systems. the author, who brings extensive writing and teaching experience to the task, uses well-written and interesting examples, as well as relevant visual aids, to illustrate how these principles apply in typical situations. The Third Edition of this highly accessible and well-written study aid has been completely updated to offer: comprehensive coverage of the standard topics in most payment systems courses, including Article 3 of the UCC (negotiable instruments); Article 4 (check collection); Article 4A (commercial electronic funds transfers); consumer funds transfers; and credit cards notably lucid explanations of complex or ambiguous areas of the law well-crafted, accessible, and relevant examples that progress from simple to more complex issues visual aids -- flow charts and images of sample instruments -- that help clarify complex transactions "Revision Alert" boxes covering proposed 2003 amendments to UCC Articles 3 and 4 parallel cites to the old and the new UCC Article 1 New to this edition: recent developments in the area of check collection -- the author explores the tremendous impact the advent of various new electronic means of collection has had on this area of payment systems new chapter on twenty-first century check payment describes recent developments in this area, including the new federal Check 21 Act updated cases, examples, and explanations

The Legal Writing Handbook

Author: Laurel Currie Oates
Publisher: Wolters Kluwer Law & Business
ISBN: 9781454845591
Release Date: 2014-03-25
Genre: Law

The Legal Writing Handbook: Analysis, Research, and Writing, continues in the tradition that has made it a resounding success and a leading text for almost two decades, offering a complete teaching package with everything a student needs for the legal writing course. Features: Updated with the goal of making students practice ready. New chapter on writing e-memos, that is, shorter, less formal memos that might be embedded in an email. Exercises added to the research chapters Expanded chapter on letters that discusses both opinion letters and demand letters.

Reference Manual on Scientific Evidence

Author: Committee on Science, Technology, and Law
Publisher: National Academies Press
ISBN: 9780309214216
Release Date: 2011-09-26
Genre: Political Science

The Reference Manual on Scientific Evidence, Third Edition, assists judges in managing cases involving complex scientific and technical evidence by describing the basic tenets of key scientific fields from which legal evidence is typically derived and by providing examples of cases in which that evidence has been used. First published in 1994 by the Federal Judicial Center, the Reference Manual on Scientific Evidence has been relied upon in the legal and academic communities and is often cited by various courts and others. Judges faced with disputes over the admissibility of scientific and technical evidence refer to the manual to help them better understand and evaluate the relevance, reliability and usefulness of the evidence being proffered. The manual is not intended to tell judges what is good science and what is not. Instead, it serves to help judges identify issues on which experts are likely to differ and to guide the inquiry of the court in seeking an informed resolution of the conflict. The core of the manual consists of a series of chapters (reference guides) on various scientific topics, each authored by an expert in that field. The topics have been chosen by an oversight committee because of their complexity and frequency in litigation. Each chapter is intended to provide a general overview of the topic in lay terms, identifying issues that will be useful to judges and others in the legal profession. They are written for a non-technical audience and are not intended as exhaustive presentations of the topic. Rather, the chapters seek to provide judges with the basic information in an area of science, to allow them to have an informed conversation with the experts and attorneys.