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Civil Procedure in Focus by Jeremy Counseller and Eric Porterfield uses a combination of accessible explanatory text, cases, and other primary legal sources to teach civil procedure, and then provides opportunities for students to apply the law to multiple sets of facts in every chapter. Selected cases illustrate key changes in the law and show how courts have developed and apply doctrine. The unintimidating approach of this casebook provides a hands-on, experiential learning environment that can be essential to many students’ success. Through practice-based exercises, students learn to apply legal principles and concepts to real-world scenarios. Simply knowing the facts of a benchmark case is not enough; knowing how to apply the doctrine from one case to a different set of facts enhances a` student’s ability to succeed in and after law school. New to the Second Edition: Multiple-choice questions at the end of each chapter Discussion of “Snap Removal,” a hot topic currently percolating through the federal court system Updates regarding recent US Supreme Court cases regarding personal jurisdiction Professors and students will benefit from: Applying the Concepts and Civil Procedure in Practice exercises. These end-of-chapter exercises encourage students to synthesize the chapter material and apply relevant legal doctrine and code to real-world scenarios. Students can use these exercises for self-assessment or the professor can use them to promote class interaction. Real Life Applications. Every case in a chapter is followed by Real Life Applications, which present a series of questions based on a scenario similar to the facts in the case. Real Life Applications challenge students to apply what they have learned and help prepare them for real-world practice. Professors can use Real Life Applications to spark class discussions or provide them as individual short-answer assignments. Case Previews and Post-Case Follow-Ups. To succeed, law students must know how to deconstruct and analyze cases. Case Previews highlight the legal concepts in a case before the student reads it. Post-Case Follow-Ups summarize the important points and go one step further—noting the significance of a case to current law as well as its later ramifications. Clear exposition of key concepts in the text that means professors can spend less class time lecturing students on the basics and more time discussing different perspectives on the law, current issues, etc. Essay, short-answer, and multiple-choice questions in every chapter Practice-based hypotheticals that challenge students to apply doctrine to different fact scenarios Exhibits that highlight the relevant rule of law and corresponding legal authority
"This is a law school casebook for use in the first-year Civil Procedure course"--
"This is a law school casebook for use in the first-year Civil Procedure course"--
Civil Procedure for All States is unique in scope. No other casebook or textbook has sought to take the procedural doctrines that arise in the stages of a civil action and address them for each state. Each chapter describes the majority approach to a procedural doctrine, the significant minority approach, and those states that are peculiar in their approach. By taking this comprehensive approach, the book has been able to identify the common decision-making steps that a lawyer must take in handling any case, in any state. Thus, the book has the student-as-associate thinking through the questions that a seasoned litigator would consider at each stage. The student then applies the law of that student''s jurisdiction to the problems that arise at each stage of a case. After resolving questions that sharpen the student''s ability to deal with a given procedural issue, each chapter incorporates numerous questions that force the student to wrestle with matters of professionalism and ethics. This book is designed to follow the new Context and Practice Series. Books in the series will feature elements that recent studies of legal pedagogy (Best Practices in Legal Education and the Carnegie Foundation''s Educating Lawyers) recommend as essential to improving law school teaching. First, the books will emphasize heavily the practical application of the legal doctrines addressed in each book. Students will be placed in the roles of practitioners handling simulated cases. They will apply the legal doctrines that they learn in the book in exercises that require them to perform tasks that lawyers actually perform. As the studies mentioned above underscore, teaching in this manner will serve more than one purpose. It will not only better prepare students for practice. It will show students the significance of the material they are learning by demonstrating the reality that they will be using these doctrines. Second, the C & P Series will also accomplish another primary goal of the Best Practices and Educating Lawyers studies. That goal is to engage students in professional identity formation so that, when they begin practicing, they will have a better idea of the kind of lawyers they want to be. This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law and Dean of the McGeorge School of Law, University of the Pacific. In April 2012, the Institute for the Advancement of the American Legal System recognized Professor Madison as an Educating Tomorrow''s Lawyers fellow and his course as one that advances reform in legal education. "Professor Ben Madison is a rising teacher and scholar of Civil Procedure. His sophisticated and thorough casebook, Civil Procedure for All States, contains subjects students need to know but may not learn elsewhere like the in-depth examinations of the statute of limitations, disability and capacity to sue. Carefully crafted problems develop a student''s thought process to develop actual solutions. One important theme and new direction is an ethical dimension named professional-identity focus. This lucidly written and well designed casebook will introduce law students to both professionalism and procedure." -- Doug Rendleman, Washington and Lee University School of Law "I knew I would be practicing in Ohio. When I saw Professor Madison had a casebook designed to teach procedure applicable to the state in which one intended to practice, I wondered how that could be done. Having now completed the course, I can say without qualification that this course did more to help me get ready to practice law than any other. First, the book tied together a great deal of what I had learned in law school, but had not connected. The method of introducing a Master Case (a complex civil case) and going through the decision-making and steps, in the order a lawyer would do it, is what helped me see the big picture. Second, the book offers not only traditional cases, but many practice problems which helped me to learn to apply the doctrines of Ohio procedure to a set of facts. The end of each chapter then reinforced the topics by including an assignment that a lawyer would actually perform--e.g., drafting a complaint, developing a discovery plan. Third, the book had something that I have never seen in courses other than Professional Responsibility. Every chapter wove in several questions that brought home to me the challenging ethical questions I will face in practice. I now have a much better sense of what limits I will set, and the professional identity to which I will aspire. In short, I received a lot more out of this course than I had ever expected." -- Robert Rice, 2010 graduate, Regent University Law School, on taking the Ohio Bar Exam
The Second Edition of Professional Responsibility in Focus offers a comprehensive, updated exposition of the law governing lawyers and judges. Real-world scenarios throughout the text provide students numerous opportunities for students to apply what they have learned and solidify their understanding of important concepts. New to the Second Edition: More than a dozen new cases and other recent developments—such as the amended advertising and solicitation rules—in an expanded, practice-oriented text with new and revised footnotes. Professors and students will benefit from: Clear and concise coverage of the attorney-client relationship, competence, confidentiality, conflicts of interest, and more. Key Concepts at the start of each chapter and Chapter Summaries at the end of each chapter facilitate study and review Case Previews and Post Case Follow-Ups that frame each case writing clarifies the rules and aid in student understanding An introduction to the legal profession Real Life Applications and Applying the Rules exercises challenge students to apply what they have learned to realistic hypothetical scenarios Updates to Chapter One, on the moral responsibility of lawyers, that provides context for understanding and situating the Model Rules of Professional Responsibility covered in the chapters that follow. 12-chapter organization is easily adapted to two or three-credit courses
Criminal Law in Focus
Civil Procedure: A Coursebook provides solid scholarship but does not hide the ball. The book's accessibility, organization, and interior design support its innovative pedagogy.New to the Third Edition: Recent (Dec. 1, 2015) rule amendments abrogate the federal forms and make important changes to the discovery rules. This edition reflects both sets of changes and includes provocative new materials on the revitalized proportionality standard of discovery and the ethical requirements for competency in electronic discovery, in addition to other smaller updates.
From divorce proceedings to personal injury disputes to lawsuits over busing, affirmative action, and labor relations, most conflicts in American society may eventually find their way into a courtroom. Such civil conflicts, which do not involve violations of the criminal code, encompass both actions between private parties and public controversies. This clear and direct book by two distinguished professors of law describes and analyzes civil litigation in the United States. Geoffrey C. Hazard, Jr., and Michele Taruffo discuss both specific details and broader themes of American civil litigation, explaining (without legalese) jury trial, the adversary system, the power of courts to make law as well as to "declare" it, and the role of civil justice in government and in the resolution of controversial social issues. Hazard and Taruffo examine the stages of civil procedure, including the lawyers' role in: preparing and presenting cases; the pretrial, pleading and discovery, trial, and appeal process; and procedural variations. They explore the historical evolution of common law and procedure and compare American civil procedure with that in other modern societies in Europe, Latin America, and Japan. They conclude by discussing the economic, political, and moral constraints on litigation, possible innovations to the process, and the political significance of public access to civil justice.