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In a successful litigation, it isn’t enough to know the facts. You must also know how to interpret and use those facts, and thoughtfully delving into the stories behind them is a crucial task if you hope to prevail for your client. Fact Investigation, by longtime NITA authors Paul Zwier and Anthony Bocchino, will change the way you approach cases for the rest of your career. Every litigator’s investigation begins where the “official” investigation ends. During informal fact investigation, you must know how to engage your client so he shares the facts and stories critical to his case, then use them not just to develop but to implement a winning case theory. How do you do that? It all starts with your first meeting with your clientand what you say and how you do it. Find out how your word choice and body language lay the groundwork for connecting with your client, and how to establish the openness and trust that yield what you need to build a compelling case and be a persuasive advocate. From that client information, the authors take you through the steps necessary to build and implement effective alternative case theories that will inform your fact investigation process and lay the foundation for efficient use of formal discovery devices. Zwier and Bocchino model these practice skills through four familiar NITA case files: Quinlan v. Kane Electronics (business/contract case), Brown v. Byrd (auto accident and personal injury case), State v. Lawrence (criminal robbery case), and United States ex rel. Rodriguez v. Hughes (False Claims Act case). When you see these techniques modeled as case studies, you understand how to integrate them into your overall case planning and learn how to confront the thorny ethics of day-to-day lawyering. The Second Edition is fully revised, with special emphasis on the impact of the proposed Federal Rules Civil Procedure changes, and features an important new chapter on e-discovery. Rare is now the case that doesn’t involve some form of electronic evidence, and every litigator must know the ever-expanding issues surrounding it. Find out how e-discovery strategies differ from plaintiff to defendant and how to manage your client’s competing rights to both speech and privacy in our highly discoverable online world. From explaining how to use your opposing party’s social media indiscretions against it to helping you make sense of new federal rules that limit the use of electronic evidence, Zwier and Bocchino tell you everything you must know about the impact of e-discovery on the modern litigation practice.
Describes how facts are proved at trial, examining the principal categories of rational and psychological evidence, which is the basis of trial "stories." How, at trial, does each party tell a story bolstering its own legal position and detracting from that of its adversary? What attributes of stories tend to make them persuasive? From these attributes, the authors derive a set of investigatory objectives that generally apply, regardless of the nature of the case. With objectives in place, turns to the thought processes that lawyers employ to analyze and develop evidence.
A New York Times Notable Book of 2015 “A tour-de-force reimagining of Camus’s The Stranger, from the point of view of the mute Arab victims.” —The New Yorker He was the brother of “the Arab” killed by the infamous Meursault, the antihero of Camus’s classic novel. Seventy years after that event, Harun, who has lived since childhood in the shadow of his sibling’s memory, refuses to let him remain anonymous: he gives his brother a story and a name—Musa—and describes the events that led to Musa’s casual murder on a dazzlingly sunny beach. In a bar in Oran, night after night, he ruminates on his solitude, on his broken heart, on his anger with men desperate for a god, and on his disarray when faced with a country that has so disappointed him. A stranger among his own people, he wants to be granted, finally, the right to die. The Stranger is of course central to Daoud’s story, in which he both endorses and criticizes one of the most famous novels in the world. A worthy complement to its great predecessor, The Meursault Investigation is not only a profound meditation on Arab identity and the disastrous effects of colonialism in Algeria, but also a stunning work of literature in its own right, told in a unique and affecting voice.
The term "mathematics" usually suggests an array of familiar problems with solutions derived from well-known techniques. Discovering Mathematics: The Art of Investigation takes a different approach, exploring how new ideas and chance observations can be pursued, and focusing on how the process invariably leads to interesting questions that would never have otherwise arisen. With puzzles involving coins, postage stamps, and other commonplace items, students are challenged to account for the simple explanations behind perplexing mathematical phenomena. Elementary methods and solutions allow readers to concentrate on the way in which the material is explored, as well as on strategies for answers that aren't immediately obvious. The problems don't require the kind of sophistication that would put them out of reach of ordinary students, but they're sufficiently complex to capture the essential features of mathematical discovery. Complete solutions appear at the end.
An updated and revised edition of the most highly recommended guide to learning to be a private investigator-or just using the tools PIs do to understand what goes on in your local courthouse, find information in public records, and perform searches to save you time and money. Among the changes for this edition- Completely new chapters on skip tracing Up-to-date information on how to make money by understanding your local courthouse and finding not-so-hidden gems in public records Under-the-radar databases you need to know about Completely new-and hot-chapters on due diligence searches, including pre-employment and tenant screening investigations and adoption searches
The Art of Investigation Revisited: Practical Tips from the Experts examines the qual- ities required to be a professional, thorough, and effective investigator and is a follow up to the authors’ highly touted book, The Art of Investigation (2019). This book features a wholly new line-up of investigators, experienced professionals in the field, who delve into the "soft skills" that make an investigator effective. Each chapter examines a specific quality required to be a professional, thorough, and—most importantly—successful in this challenging discipline. The editors, and contributing authors, are all top in their field and bring a wealth of real-world knowledge and experience to the subject. While several publications exist on the procedures and steps of an investigation, few books cover the creative and intuitive skills required. Such traits are necessary to continually question in the face of investigative roadblocks, unique qualities endemic to an inquisitive mind that can be trained to improve an investigator’s professional skill set. Each chapter discusses the applicability of the traits and requirements to the contributor’s own work and experience as an investigator. In doing so, the contributors will provide valuable stories from their personal experience, which demonstrates their use or a given trait and its importance in the course of their investigative work and career. The case examples included throughout are engaging and, as is often the case, surprising. An investigator must keep an open mind above all else and this book seeks to "lift the veil" on the inner workings of an investigation and the thought pro- cess and inner monologue of an investigator as part of that process. The book is a welcome addition to any investigator’s toolkit and is also of interest to students in criminal justice, security and Homeland Security programs, security consultants, corporate and private security professionals, and the legal community.
In a successful litigation, it isn’t enough to know the facts. You must also know how to interpret and use those facts, and thoughtfully delving into the stories behind them is a crucial task if you hope to prevail for your client. Fact Investigation, by longtime NITA authors Paul Zwier and Anthony Bocchino, will change the way you approach cases for the rest of your career. Every litigator’s investigation begins where the “official” investigation ends. During informal fact investigation, you must know how to engage your client so he shares the facts and stories critical to his case, then use them not just to develop but to implement a winning case theory. How do you do that? It all starts with your first meeting with your clientand what you say and how you do it. Find out how your word choice and body language lay the groundwork for connecting with your client, and how to establish the openness and trust that yield what you need to build a compelling case and be a persuasive advocate. From that client information, the authors take you through the steps necessary to build and implement effective alternative case theories that will inform your fact investigation process and lay the foundation for efficient use of formal discovery devices. Zwier and Bocchino model these practice skills through four familiar NITA case files: Quinlan v. Kane Electronics (business/contract case), Brown v. Byrd (auto accident and personal injury case), State v. Lawrence (criminal robbery case), and United States ex rel. Rodriguez v. Hughes (False Claims Act case). When you see these techniques modeled as case studies, you understand how to integrate them into your overall case planning and learn how to confront the thorny ethics of day-to-day lawyering. The Second Edition is fully revised, with special emphasis on the impact of the proposed Federal Rules Civil Procedure changes, and features an important new chapter on e-discovery. Rare is now the case that doesn’t involve some form of electronic evidence, and every litigator must know the ever-expanding issues surrounding it. Find out how e-discovery strategies differ from plaintiff to defendant and how to manage your client’s competing rights to both speech and privacy in our highly discoverable online world. From explaining how to use your opposing party’s social media indiscretions against it to helping you make sense of new federal rules that limit the use of electronic evidence, Zwier and Bocchino tell you everything you must know about the impact of e-discovery on the modern litigation practice.