This handy, 2015 edition of The Federal Rules Book provides all the rules, amendments, and any major revisions to the Federal Rules of Civil Procedure, the Federal Rules of Appellate Procedure and more. In this attractive annual edition this year, you'll find: • Updates and revisions to the Federal Rules of Evidence • Updates and revisions to the Federal Rules of Appellate Procedure • Updates and revisions to the Federal Rules of Criminal Procedure

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The Burden of Proof provides valuable trial insights and structure for attorneys by analyzing the burdens of proof, production and persuasion as applied to the entire civil litigation process from case intake through appeal. It will prepare the reader for the most efficient and effective approach to litigation by framing the burdens of proof associated with common-law and statutory causes of action as well as the burdens applicable to discovery, dispositive motions, trial preparation, and appeals. This meticulous, thorough, and scholarly book provides an understanding of the burden of proof and all it entails, beginning with its historical roots in the court systems of ancient Greece and Rome. Equally a practical work, it demystifies the theory and workings of the burden of proof in civil trials and how it profoundly shapes litigation practice.

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This book will analyze legal procedure as part of a complicated interaction between private ordering and public intervention.

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"Gain insight into the laws governing all of the major steps in the civil litigation process, starting with jurisdiction, venue, and ascertaining the governing law, and moving through pleading, joinder, discovery, pretrial management and adjudication, trials, appeals, and the effect and enforcement of judgments. Class actions and other forms of complex, multiparty litigation, as well as Alternative Dispute Resolution (ADR), are also covered. This text addresses the major themes underlying the various rules and procedures, and it has continuing utility as a desk book in legal practice and as an entrée into deeper research." - publisher's description

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"For even the most seasoned attorneys, defending DUI cases has always presented special challenges. Today—due to legislative developments, the introduction of incredibly sophisticated blood alcohol-testing technologies, and an increasingly harsh prosecutorial climate—mounting a successful defense is more difficult than ever. The new Eighth Edition of Drunk Driving Defense is updated to reflect recent developments which includes a new section on Sentencing of Non-Citizens; detailed information about the SCRAM® (Secure Continuous Remote Alcohol Monitor) device; updated state-by-state listing of DMV contacts; and expanded discussions on the offense of DUI by marijuana, the source code issue in breath testing devices, and how recent U.S. Supreme Court cases impact the admissibility of chemical test evidence in a DUI case." - publisher's description

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"The First Trial Nutshell is a fresh and unique approach to advocacy instruction. Concentrating on the overall approach to trying a case, it weaves persuasion and procedure to help lawyers and law students prepare for their first trials with confidence. Addressing everything from technology to where to sit and what to say it meshes the practical advice and “how to” instructions with sophisticated persuasive techniques. Small enough to be read in a single sitting, this book will serve as the perfect first primer and a continuing resource for experienced litigators to read again before trial mediation or arbitration." -publisher's description

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This e-book takes a broad look at foundational topics in the law, including the basic litigation process, constitutional law and rights, property law, tort law, and criminal law and procedure, and is an excellent beginner’s resource to understanding the basics of the legal system in the United States.

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"This comprehensive guide not only analyzes every applicable rule of civil procedure, but also gives you practice-proven techniques for evaluating what motions will work most effectively in each of your cases. From early pretrial motions dealing with complaints and jurisdiction to appellate motion practice for both victor and vanquished, Motion Practice shows you both what is permissible and what is advisable in such aspects of motion practice as: formal requirements, strategic uses, use of supporting documents, effective advocacy, persuasive oral argument, and ethical issues. The authors include a table of deadlines affecting motions, along with sample forms and illustrative trial examples." -publisher's description

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"This Concise Hornbook covers the main points of civil procedure that any student needs to understand, and covers them briefly but thoroughly enough to be understandable. It focuses on the material covered in a typical law school course on civil procedure, tied to no one casebook. It breaks down the subject of civil procedure along the standard lines: a brief orientation; then a lengthier overview of the stages of litigation, followed by a close inspection of the major procedural problems (governing law, authority to adjudicate, former adjudication, and complex litigation); and finally some reflections in conclusion. It discusses specific problems and illustrations, with the aid of generously sprinkled diagrams and special text boxes. Special attention was given to fitting the civil procedure course's main points together to form the big picture, with each topic ending in a section on the “big idea” (separation of powers, vertical federalism, horizontal federalism, full faith and credi…

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"Sometimes it makes sense to handle a court case without an attorney. This book breaks down the trial process into easy-to-understand steps so that you can act as your own lawyer -- safely and efficiently. Whether you're a plaintiff or a defendant, this book will help you confidently handle a divorce, personal injury case, landlord/tenant dispute, breach of contract, small business dispute, or any other civil lawsuit. This edition has been revised with the latest rules and court procedures, and includes updated information on electronic discovery rules and fax filing procedures. Plus, you'll get enhanced materials on court assistance for pro per litigants and an expanded discussion of self-representation in bankruptcy court"--

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This book will demystify Civil Procedure. It will explain the doctrine and make it easy to remember.

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?Ninety percent of U.S. antitrust enforcement is generated through private actions, and the class action is perhaps the primary mechanism through which private actors seek to enforce antitrust laws. Acknowledged as a potent tool, class action law and procedure are becoming an unavoidable fact of life for antitrust practitioners. This second edition of the Antitrust Class Actions Handbook is a vital reference for both new and experienced antitrust practitioners navigating the class action thicket. The book is intended as a comprehensive discussion of the issues that arise before, during, and after the filing of an antitrust class action. It considers the issues and challenges faced by both plaintiffs and defendants to such actions, and focuses on both the evolving legal standards as well as the strategic decisions that guide these highly complex cases.

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As class actions have evolved, they have become larger and more complex, requiring mastery of and compliance with ever-evolving case law. Authors and editors Gregory Cook and Jocelyn Larkin, master class action strategists and litigators, worked with other seasoned class action lawyers to produce this essential practice guide for lawyers, judges, and advocates and decision makers at every level. This book provides practical guidance to lawyers on how to conduct a class action, including both the plaintiff and defense perspective on the key decisions during the class action battle. It looks at each major phase of the action, from the filing of the action to settlement decisions and mechanisms. The thorough, comprehensive, and sophisticated treatment and discussion of all aspects of class action litigation makes this text a vital and necessary addition to the libraries of class action veterans and newbies alike.

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"Completely revised and up to date. Thoroughly covers federal class actions and other multi-party litigation, including case law, applicable rules and statutes, and important secondary sources. Covers all of the major topics of class action law and practice, such as commencement of a class action, requirements for class certification, class action discovery, notice to class members, opt-out rights, Seventh Amendment and due process issues, class settlements, remedies, appellate review, issue and claim preclusion, ethical issues, ADR, and third-party financing. Also contains a special focus on securities, mass tort, and employment discrimination class actions, as well as treatment of federal multidistrict litigation, defendant class actions, bankruptcy, joinder devices under the Federal Rules of Civil Procedure, and shareholder derivative suits. Explores the latest cutting-edge issues in multi-party litigation and discusses numerous ground-breaking court decisions. This latest edition a…

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"A how-to manual for handling every aspect of a class action, even for small law offices, written by experienced consumer class action litigators." -Publisher's description.

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"All Pleadings from All of NCLC's Manuals. Instant access to over 2,000 sample pleadings, covering every stage of litigation and every consumer law subject area. Pleadings are ready to print, download, or paste into your word processor." - from the publisher.

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The Law of Class Action: Fifty-State Survey 2021 is a valuable tool for both in-house and outside counsels who confront the prospect of litigating class actions in state forums with which they may have little or no experience and must make informed recommendations on removal. Succinct summaries are prepared by litigators from each of the respective states and address changes in rules and statutes as well as significant case law. These summaries are extremely useful in understanding state court rules essential to practitioners and parties alike.

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In 1985, the United States Supreme Court held in Phillips Petroleum Co. v. Shutts, 427 U.S. 797, that state courts can, within certain due process constraints, adjudicate claims of non-resident class members. This ruling opened the door for state courts to entertain multi-state and nationwide class actions that had traditionally been filed in federal forums. While some state courts proved more hospitable than others to multi-state class actions, the following decade witnessed a significant increase in the number of multi-state class actions being adjudicated in the state courts. To help you understand the differences in each state' s laws, The Law of Class Action: Fifty-State Survey 2012-2013 contains an up-to-date analysis of class action law in each of the fifty states. It is a valuable tool for both in-house and outside counsels who confront the prospect of litigating class actions in state forums with which they may have little or no experience and must make informed recommendation…

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In 1985, the United States Supreme Court held in Phillips Petroleum Co. v. Shutts, 427 U.S. 797, that state courts can, within certain due process constraints, adjudicate claims of non-resident class members. This ruling opened the door for state courts to entertain multi-state and nationwide class actions that had traditionally been filed in federal forums. While some state courts proved more hospitable than others to multi-state class actions, the following decade witnessed a significant increase in the number of multi-state class actions being adjudicated in the state courts. To understand the differences in each state's laws, The Law of Class Action: Fifty-State Survey 2014-2015 contains an up-to-date analysis of class action law in each of the fifty states. It is a valuable tool for both in-house and outside counsels who confront the prospect of litigating class actions in state forums with which they may have little or no experience and must make informed recommendations on remov…

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The Law of Class Action: Fifty-State Survey is a valuable tool for both in-house and outside counsels who confront the prospect of litigating class actions in state forums with which they may have little or no experience and must make informed recommendations on removal. Succinct summaries are prepared by litigators from each of the respective states and address changes in rules and statutes as well as significant case law. These summaries are extremely useful in understanding state court rules essential to practitioners and parties alike.

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The Law of Class Action: Fifty-State Survey 2020 is a valuable tool for both in-house and outside counsels who confront the prospect of litigating class actions in state forums with which they may have little or no experience and must make informed recommendations on removal. Succinct summaries are prepared by litigators from each of the respective states and address changes in rules and statutes as well as significant case law. These summaries are extremely useful in understanding state court rules essential to practitioners and parties alike.

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Since the original publication of A Practitioner's Guide to Class Actions, the U.S. Supreme Court decided Wal-Mart Corporation v. Dukes—and has continued to decide class action issues each year, involving everything from standards of proof to pre-certification expert witness challenges to class action waivers in arbitration. Those decisions have had a trickle-down effect on the federal circuit and district courts, as well as the jurisprudence of the many states.

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"Products liability is the object of late-night talk show jokes and politician's stump speeches. Yet, like many subjects discussed by politicians and TV stars, products liability is more subtle and multi-layered than it’s made to appear. This subject is one of the most difficult and controversial in all of American law. Krauss’ Principles of Products Liability, 3d is designed to ‘‘unpack’’ these subtleties and to allow the reader to understand current American products liability doctrine, and to intelligently participate in debates about proposed reforms. The book is chock full of summaries of case reviews and theoretical analyses, as well as advice for practitioners. It incorporates all the recent case law, through the 2018 term of the United States Supreme Court. By the time the reader has finished this book, she or he will understand a lot about automobiles, pharmaceuticals and workplace technology! Indeed, the practical knowledge imparted by an understanding of products liability i…

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This annual chapter from Recent Developments in Business and Corporate Litigation produced by the Business and Corporate Litigation Committee features the latest and most significant developments in class action jurisprudence in 2015, including highly anticipated decisions issued by the U.S. Supreme Court. The main sections of this chapter set forth the basic legal framework and concepts governing federal class actions in the United States and highlight key developments in class action law during 2015. It also addresses the basics of Canadian class action law and recent developments in Canadian and cross-border class actions. In the interests of efficiency, this work focuses on developments under Rule 23, which governs class actions in federal courts nationwide and is the model for most state class action law.

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To understand the differences in each circuit's laws, 2018 Survey of Federal Class Action Law: A Circuit-by-Circuit Analysis contains an up-to-date analysis of class action law in each of the Federal Circuits. It is a valuable tool for both in-house and outside counsels who confront the prospect of litigating class actions in Federal Circuits with which they may have little or no experience and must make informed recommendations on removal. Succinct summaries are prepared by litigators from each of therespective Circuits and address changes in rules and statutes as well as significant case law.

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To help understand the differences in each circuit's laws, Survey of Federal Class Action Law contains an up-to-date analysis of class action law in each Federal Circuit.

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The Antitrust Discovery Handbook, Third Edition, provides a comprehensive resource regarding discovery in private antitrust suits within the United States. The Handbook is addressed both to practitioners who spend significant time counseling clients and litigating discovery issues in antitrust suits, as well as to the general practitioner seeking guidance on these issues. This edition provides three brand new chapters: • Strategic Considerations for Multidistrict Litigation, • Obtaining Documents and Testimony Presented before a Grand Jury, • and Foreign Discovery Issues. In addition, the earlier chapters have been updated to include recent amendments to the Federal Rules of Civil Procedure and the Federal Rules of Evidence. In particular, the chapter on electronic discovery has been substantially updated to reflect recent trends in the applicable caselaw, as well as the explosion of newer forms of communication, such as instant messages and text messages.

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Learn how to extract key financial information in discovery with The Business Tax Return Handbook. A companion volume to bestselling 1040 Handbook, this is an invaluable tool for reviewing commercial business and professional practice returns to gather information and prepare a complete discovery plan for family law cases. A variety of hypothetical examples using 2008 business returns are used to illustrate points in the text, including the most common forms and schedules for partnerships, corporations, and unincorporated businesses. This line-by-line guide can be used as a complete introduction to the family law aspects of business tax returns or as a quick reference for lawyers who want to concentrate on particular areas of business taxation. The author discusses fundamental tax issues that impact on family law matters and offer comments to explain line items and statements for all four types of business tax returns. Topics covered include: —Using key business and tax terms …

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"Gain insight into the laws governing all of the major steps in the civil litigation process, starting with jurisdiction, venue, and ascertaining the governing law, and moving through pleading, joinder, discovery, pretrial management and adjudication, trials, appeals, and the effect and enforcement of judgments. Class actions and other forms of complex, multiparty litigation, as well as Alternative Dispute Resolution (ADR), are also covered. This text addresses the major themes underlying the various rules and procedures, and it has continuing utility as a desk book in legal practice and as an entrée into deeper research." - publisher's description

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"All Pleadings from All of NCLC's Manuals. Instant access to over 2,000 sample pleadings, covering every stage of litigation and every consumer law subject area. Pleadings are ready to print, download, or paste into your word processor." - from the publisher.

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"This Nutshell, which replaces Binder, Moore and Bergman's Deposition Questioning Strategies and Techniques (2001), provides comprehensive descriptions and concrete illustrations of effective strategies and techniques for taking and defending depositions. The book can serve as a text for a 2-4 unit stand-alone depositions course (either live client or simulated) or as a supplement to a civil pre-trial lawyering course. It devotes separate chapters to such fundamental skills as obtaining helpful answers to critical questions, undercutting harmful testimony, obtaining a deponent's version of significant events, and obtaining information from evasive deponents. Other chapters include topics such as responding to inconsistent or implausible testimony, overcoming opposing counsel's objections and obstructionist tactics, and preparing a client to be deposed." -publisher's description

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Civil litigation in the United States is becoming an increasingly international practice, requiring litigants and courts to apply foreign and international law in order to resolve domestic cases. Discovery is one of the principal areas of civil litigation that requires collaboration across national lines and efficacy of court orders beyond jurisdictional boundaries. Although central to the practice of civil litigation in the United States, discovery is virtually unknown in most civil law jurisdictions, which creates a problem for obtaining necessary evidence from these countries. This book considers the procedures for obtaining evidence in the United States through the Federal Rules of Civil Procedure and the Hague Evidence Convention. The book then describes, in successive chapters organized by jurisdiction, the laws that enable foreign litigants to obtain evidence in the respective countries. Each chapter discusses the controlling law on foreign discovery, including the type of evide…

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Discovery is critical to achieving success in resolving disputes, even if the case is never tried to verdict, as is typical with construction disputes. This deskbook outlines the discovery process as it pertains to the unique nature of construction disputes, from its inception prior to formal litigation, to the planning and conduct of discovery through the classic means of document production, interrogatories and depositions.

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Discovery Practice gives you hard-nosed, trial-tested guidance through all the intricacies of what to do, whether to do it, and how to do it -- at every stage of the discovery process.

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Today|lawyers and clients devote a great deal of time|effort and expense to discovery. More often than not|discovery|and not trial|is the central battleground of a case. The need for analytical and strategic guidance on problems related to discovery is essential|as much of it is handled by relatively inexperienced lawyers|and in the case of document production|by legal assistants. Discovery is the inescapable|enduring feature of modern civil litigation. Since 1960|the United States civil justice system has witnessed a litigation explosion and trial implosion. The number of cases has skyrocketed|but the number of trials has declined -- both proportionately and|in federal court|absolutely. Putting aside all other issues raised by the vanishing trial phenomenon|it clearly accentuates the critical importance of discovery. Parties evaluate cases|and make judgments about settlement value and other disposition techniques|in light of the evidence gathered in discovery. Effective discovery is c…

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Today, lawyers and clients devote a great deal of time, effort, and expense to discovery. More often than not, discovery, and not trial, is the central battleground of a case. Most civil lawsuits in federal court end before trial, either by pretrial settlement or on dispositive motion. In either case, the fruits of discovery can be critical to the outcome. The need for analytical and strategic guidance on problems in discovery is heightened by the fact that much of it is handled by relatively inexperienced lawyers, and in the case of document production, legal assistants. Effective discovery is crucial. This book is written to address that need. It describes the problems that civil litigators encounter most frequently in pretrial discovery and presents suggestions and strategies for solving these problems. Following a background discussion on the scope and types of discovery, discovery problems are presented as hypotheticals (many of which the authors have encountered in their experien…

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"Beginning with the basic rules governing discovery, this book discusses the legal and practical challenges involved in e-discovery, special evidentiary issues, when protective orders to limit electronic discovery may be issued, and strategic considerations—in short, everything the practitioner needs to master the use of e-discovery." - publisher's description

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This book provides a handy overview of the rules that must be followed when collecting and presenting electronic evidence in court, including ethical issues and the admissibility of digital evidence.

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" Face your deposition without fear using this comprehensive guide. Getting deposed? Conducting a deposition? Here's the book you need to take the mystery out of the deposition process and answer questions with confidence. You'll even learn the three "golden rules" for answering questions and the trick questions lawyers often use to influence testimony. A perfect book for law students, lawyers, legal assistants, witnesses, expert witnesses, and anyone who wants to represent themselves in court, Nolo's Deposition Handbook provides all the information you need to sail through the deposition process with confidence. This edition contains updated statutes, cases, and rules -- plus, read new material on "electronic discovery", which applies to information stored in computers, including records and emails."

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This title examines the more formal part of the criminal process, from bail to post-conviction review.

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"Witness Preparation shows how to prepare any kind of witness, lay or expert, party or hostile. You'll also find detailed coverage of relevant office procedures, how to learn each witness' story, how to prepare the witness for discovery and deposition, plus many practical features including: color photographs illustrating principles of witness attitude and appearance; checklists for both witness and attorney in civil and criminal cases; form letters and other sample documents." -publisher's description

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Advising the Small Business, Third Edition includes many updates and new forms, in addition to all of the general guidance, forms, checklists, and resources from the first two editions, on issues that small businesses commonly face. This guidance can be invaluable to attorneys who do not have access to enough other lawyers or deal flow, or who haven't had enough experience, to know what is "standard" in this area of practice. Although there are many guides available for entrepreneurs, this book speaks to the advisor, not the entrepreneur. Advising the Small Business is designed to help legal counsel provide more effective legal and strategic guidance to small business clients, produce relevant documents, and spot issues that require further research or a specialist. Finally, Advising the Small Business is unique in its discussion of both how to approach an issue from scratch (e.g., drafting a contract or forming a corporation) and how to clean up an existing situation (e.g., amendin…

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Everyone uses checklists and frequently relies on them. In some cases, it's difficult to survive and be successful without them. This new guide, Checklists for Lawyers, takes the process of using checklists a step further by showing you how to create systems for your everyday law practice to ensure that tasks get done correctly every time. "Why do I need a checklist?" The answer is simple: a checklist will help you improve your workflow, document your procedures, avoid malpractice and allow you to provide the best representation to your clients, so they remain your clients. In a complex profession with analytical and procedural challenges, a checklist will help you deal with an overwhelming amount of information that must be applied at just the right moment to reach a favorable outcome for your client. This convenient guide will help you run your law practice more efficiently and effectively with valuable guidance on: --Why you need checklists in your practice and how to create them …

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An engagingly written survey of demand (collections) letters. David J. Cook, author of The Debt Collector's Handbook, opens the book by describing the purpose of demand letters, the various means of delivery to the recipient(s), the expected outcomes, and tips for writing them.

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This multivolume practice guide covers preparation and filing for bankruptcy proceedings. It also covers trustee appointments and their powers, bankruptcy claims, debtors rights, reorganization, debt adjustment, and the appeals process.

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"Packed with practical advice and invaluable insights-and dozens of key legal forms-this book shows you how to: get your business ready to sell, value your assets, set the best price for your business, find the right buyer, anticipate and resolve tax issues, negotiate a payment plan, limit your liability, work with lawyers, accountants, and brokers, and close the deal and transfer the business to a new owner." - publisher description

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All areas of construction litigation are covered in this two-volume set, starting with case analysis, pretrial activities, and special forum issues. The authors continue with an in-depth discussion of the difficult presentation issues for delay and acceleration claims, lost productivity claims, and establishing damages. The final section of the text covers trial and other issues, including direct and cross-examination, appeals, and settlement and releases. Practical examples of, and checklists for, the drafting of many of the key documents used in construction litigation are also included.

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"All Pleadings from All of NCLC's Manuals. Instant access to over 2,000 sample pleadings, covering every stage of litigation and every consumer law subject area. Pleadings are ready to print, download, or paste into your word processor." - from the publisher.

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This practice manual contains more than 100 forms and documents. Each form includes commentary explaining when and how each form should be used. The manual is organized into five parts: managing the elder law practice; estate and long-term care planning; powers of attorney, medical directives and wills; trusts; and miscellaneous topics.

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"Guides readers through the bankruptcy process, explaining bankruptcy law requirements and providing line-by-line instructions for filling out the necessary forms." - publisher's description

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This e-book from Nolo Press offers a variety of downloadable, editable legal forms for everyday situations such as borrowing & lending money, delegating authority to care for children or pets, buying & selling property, handling personal finances, and many more common situations.

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"Legal Drafting in a Nutshell, 5th Edition, provides guidance on producing transactional documents, contracts, instruments, legislation, and regulations that solve existing problems and prevent future problems. The book provides both a large scale, macro overview of the drafting process as well as small scale, micro focused discussion of the mechanics of legal documents at the sentence, word, and punctuation level. The book incorporates current and developing perspectives regarding subjects like plain English, legal typography, and document preparation in the 21st century. This is especially the case in sections of the text dealing with contracts and instruments, although it is true throughout the text. Legal drafting is as much a thought process as a writing process; clear thinking leads to clear drafting. This book is a guide for clear, structured thinking about drafting in order to provide readers with a structured process to follow when assembling useful legal documents." - publish…

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"With Legal Forms for Starting & Running a Small Business, you can do most of the routine stuff yourself, checking with a lawyer only when it's really necessary. This book includes over 60 of the most important forms you'll need to run your small business--as well as thorough, plain-English information and line-by-line instructions so you can get the job done right." - publisher's description

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"License Agreements: Forms and Checklists, Second Edition puts at your fingertips -- and on your computer screen -- all the critical tools needed to draft, negotiate, and finalize licensing deals more quickly and effectively." - publisher's description

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"Moore's Manual: Federal Practice Forms is a handy condensation of Bender's Federal Practice Forms. This indispensable desk set, first published in 1964, brings together the essential forms for use in civil litigation in federal court, from the initial filing of the action through appeal. These timesaving forms can also be adapted for use in any of the 39 states that have modeled their procedures after the federal rules." - publisher's description

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This edition of the Of Counsel book reflects some changes to the Model Rules of Professional Conduct adopted since the fourth edition was published in 2013, as well as some changes and additions aimed at providing those considering an Of Counsel relationship with all of the tools necessary to successfully navigate the process. For example, this edition includes new forms and checklists, including Term Sheets for use in negotiating specific Of Counsel arrangements, a Conflicts of Interest and Risk Management Questionnaire, and Top Ten Tips for Staying Out of Trouble in an Of Counsel Arrangement. Finally, this edition has been reorganized so that each chapter is a self-contained module on the subjects covered, including copies of applicable rules and opinions, for increased ease of reference by the practitioner.

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Details how to conduct a personal injury case and the paralegal's role in it. Covers every type of injury case including medical malpractice, auto accidents, slip and fall, product liability and wrongful death. Contains practical tips on case organization and file maintenance. Packed with sample forms, checklists and pleadings to help organize a case efficiently.

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A comprehensive and scholarly analysis of every prosecutorial abuse, from the initiation of a criminal investigation through the appeal and post-conviction stages for both federal and state jurisdictions; also provides the defense bar with proven battle plans.

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This title provides instructions for how to draft a will quickly and easily while remaining within the bounds of the law. All necessary forms are provided in the manual to assist in the will-writing process.

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"Section 1983 Litigation: Forms provides all the forms you need to successfully litigate a Section 1983 case." - from the introduction

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Increasingly cited by courts in oil and gas producing states, this treatise provides an exhaustive survey of oil and gas conveyancing and operations, with citations to authorities that help attorneys find a quick answer or case on point.

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"This Nutshell, which replaces Binder, Moore and Bergman's Deposition Questioning Strategies and Techniques (2001), provides comprehensive descriptions and concrete illustrations of effective strategies and techniques for taking and defending depositions. The book can serve as a text for a 2-4 unit stand-alone depositions course (either live client or simulated) or as a supplement to a civil pre-trial lawyering course. It devotes separate chapters to such fundamental skills as obtaining helpful answers to critical questions, undercutting harmful testimony, obtaining a deponent's version of significant events, and obtaining information from evasive deponents. Other chapters include topics such as responding to inconsistent or implausible testimony, overcoming opposing counsel's objections and obstructionist tactics, and preparing a client to be deposed." -publisher's description

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One Hundred Days Before Trial provides an antidote to trial anxiety, usually caused by poor planning and insecurity. The author offers an alternative to the mad-dash scramble model of trial preparation, with a simple message: start early with the end in mind , develop a plan , and maintain self-discipline to work the plan on a regular basis. The book is broken into segments based upon arbitrary time periods. The reader need not precisely follow the schedules suggested; they are simply guidelines to consider. Each case is different and one must prepare according to each case's dynamics. What is essential and common to all cases, however, is the necessity of thinking first, acting second and being mindful both of the big picture and the fine details.

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This book contains sample jury selection questions for 26 different types of civil and criminal cases covering more than 150 distinct topics, including: assault & battery, breach of contract, civil rights violations (1983), domestic violence, employment discrimination, fraud, homicide, medical malpractice, pain and suffering.

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Whether one is counsel for plaintiff or the defense, in a larger case or a smaller one, the essential process of preparation in the final months before trial is the same – notwithstanding the fact that every case is unique, every court has different rules, and every judge has personal preferences. In recent years, detailed trial rules have proliferated in our jurisdictions, just as the tolerance of courts and judges of ignorance (or knowing non-compliance) with those rules has lessened. When these facts are coupled with client expectations, there is precious little room for "learning by doing" in preparing a case for trial. Preparing for Trial demonstrates how to systematize your approach to the final weeks before trial, to assure there are no loose ends in your case, and to limit the stress of a very demanding time.

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"The seventh edition of Pretrial Litigation in a Nutshell addresses both the law governing pretrial litigation and the legal skills required for successful practice in this area. The text is fully updated to incorporate all amendments to the Federal Rule of Civil Procedure through December 1, 2019, as well as recent federal statutes and judicial decisions. Although the text’s focus is on federal statutes and rules, the pretrial litigation skills discussed are essential to successful pretrial litigation in both state and federal courts. The text coverage proceeds in the same order as does most pretrial litigation, starting with client interviewing and the establishment of the attorney-client relationship, then considering pretrial planning and investigation, the complaint and responses to the complaint, disclosure and discovery, pretrial motion practice (including summary judgment motions), pretrial conferences and orders, and settlement." -publisher's description

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"This title provides case logs, to-do checklists, countdown calendars, proof rubrics, motion arguments, evidence checklists, pattern themes, openings, and closings, plus tips for effective discovery, picking juries, and proving facts." -Publisher's Description

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Provides the information, tips and strategies necessary to bring or defend a successful lawsuit.

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Real advice you can trust and use in small claims courtWhen every other method to collect has failed, a small claim is the right remedy to seek. If you're looking at either prosecuting or defending in a small claims court, with or without an attorney, the information presented in Filing & Winning Small Claims For Dummies is indispensable.The nuances of small claims courts vary from state to state, but the basic approach in preparing and presenting a small claims case is extremely uniform no matter where you are. Regardless of state or circumstance, you can find, trust, and use the info in Filing & Winning Small Claims For Dummies to prepare yourself for your court date. You'll find everything you need to know including establishing a case, settling or mediating a dispute, fees, applications, and other paperwork, statues of limitations, securing...The EPUB format of this title may not be compatible for use on all handheld devices.

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Continuing legal education course published by the State Bar of Texas.

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This Continuing Legal Education course from the State Bar of Texas offers guidance on the drafting of family law documents with articles focused on areas such as pretrial motions, mediation, summary judgments, pattern jury charges and post-trial motions with additional tips for attorneys on how they can provide efficient pro bono services.

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This Continuing Legal Education course is designed to educate attorneys regarding the federal removal and remand process. Topics discussed include "snap removal," improper joinder, how to avoid removal and remand, and how to proceed after a case is removed.

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In 2018, the State Bar of Texas sponsored a two-day CLE seminar covering topics related to litigation. This book contains material to accompany the presentation and includes articles and legislative updates on areas of law including commercial litigation and business torts, arbitration, discovery, and insurance law.

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Since the original publication of A Practitioner's Guide to Class Actions, the U.S. Supreme Court decided Wal-Mart Corporation v. Dukes—and has continued to decide class action issues each year, involving everything from standards of proof to pre-certification expert witness challenges to class action waivers in arbitration. Those decisions have had a trickle-down effect on the federal circuit and district courts, as well as the jurisprudence of the many states.

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This book will demystify Civil Procedure. It will explain the doctrine and make it easy to remember.

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Increasingly cited by courts in oil and gas producing states, this treatise provides an exhaustive survey of oil and gas conveyancing and operations, with citations to authorities that help attorneys find a quick answer or case on point.

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Continuing legal education course published by the State Bar of Texas.

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This Continuing Legal Education course from the State Bar of Texas offers guidance on the drafting of family law documents with articles focused on areas such as pretrial motions, mediation, summary judgments, pattern jury charges and post-trial motions with additional tips for attorneys on how they can provide efficient pro bono services.

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Advising the Small Business, Third Edition includes many updates and new forms, in addition to all of the general guidance, forms, checklists, and resources from the first two editions, on issues that small businesses commonly face. This guidance can be invaluable to attorneys who do not have access to enough other lawyers or deal flow, or who haven't had enough experience, to know what is "standard" in this area of practice. Although there are many guides available for entrepreneurs, this book speaks to the advisor, not the entrepreneur. Advising the Small Business is designed to help legal counsel provide more effective legal and strategic guidance to small business clients, produce relevant documents, and spot issues that require further research or a specialist. Finally, Advising the Small Business is unique in its discussion of both how to approach an issue from scratch (e.g., drafting a contract or forming a corporation) and how to clean up an existing situation (e.g., amendin…

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?Ninety percent of U.S. antitrust enforcement is generated through private actions, and the class action is perhaps the primary mechanism through which private actors seek to enforce antitrust laws. Acknowledged as a potent tool, class action law and procedure are becoming an unavoidable fact of life for antitrust practitioners. This second edition of the Antitrust Class Actions Handbook is a vital reference for both new and experienced antitrust practitioners navigating the class action thicket. The book is intended as a comprehensive discussion of the issues that arise before, during, and after the filing of an antitrust class action. It considers the issues and challenges faced by both plaintiffs and defendants to such actions, and focuses on both the evolving legal standards as well as the strategic decisions that guide these highly complex cases.

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The Antitrust Discovery Handbook, Third Edition, provides a comprehensive resource regarding discovery in private antitrust suits within the United States. The Handbook is addressed both to practitioners who spend significant time counseling clients and litigating discovery issues in antitrust suits, as well as to the general practitioner seeking guidance on these issues. This edition provides three brand new chapters: • Strategic Considerations for Multidistrict Litigation, • Obtaining Documents and Testimony Presented before a Grand Jury, • and Foreign Discovery Issues. In addition, the earlier chapters have been updated to include recent amendments to the Federal Rules of Civil Procedure and the Federal Rules of Evidence. In particular, the chapter on electronic discovery has been substantially updated to reflect recent trends in the applicable caselaw, as well as the explosion of newer forms of communication, such as instant messages and text messages.

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Everyone uses checklists and frequently relies on them. In some cases, it's difficult to survive and be successful without them. This new guide, Checklists for Lawyers, takes the process of using checklists a step further by showing you how to create systems for your everyday law practice to ensure that tasks get done correctly every time. "Why do I need a checklist?" The answer is simple: a checklist will help you improve your workflow, document your procedures, avoid malpractice and allow you to provide the best representation to your clients, so they remain your clients. In a complex profession with analytical and procedural challenges, a checklist will help you deal with an overwhelming amount of information that must be applied at just the right moment to reach a favorable outcome for your client. This convenient guide will help you run your law practice more efficiently and effectively with valuable guidance on: --Why you need checklists in your practice and how to create them …

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This book will analyze legal procedure as part of a complicated interaction between private ordering and public intervention.

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"Gain insight into the laws governing all of the major steps in the civil litigation process, starting with jurisdiction, venue, and ascertaining the governing law, and moving through pleading, joinder, discovery, pretrial management and adjudication, trials, appeals, and the effect and enforcement of judgments. Class actions and other forms of complex, multiparty litigation, as well as Alternative Dispute Resolution (ADR), are also covered. This text addresses the major themes underlying the various rules and procedures, and it has continuing utility as a desk book in legal practice and as an entrée into deeper research." - publisher's description

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As class actions have evolved, they have become larger and more complex, requiring mastery of and compliance with ever-evolving case law. Authors and editors Gregory Cook and Jocelyn Larkin, master class action strategists and litigators, worked with other seasoned class action lawyers to produce this essential practice guide for lawyers, judges, and advocates and decision makers at every level. This book provides practical guidance to lawyers on how to conduct a class action, including both the plaintiff and defense perspective on the key decisions during the class action battle. It looks at each major phase of the action, from the filing of the action to settlement decisions and mechanisms. The thorough, comprehensive, and sophisticated treatment and discussion of all aspects of class action litigation makes this text a vital and necessary addition to the libraries of class action veterans and newbies alike.

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"Completely revised and up to date. Thoroughly covers federal class actions and other multi-party litigation, including case law, applicable rules and statutes, and important secondary sources. Covers all of the major topics of class action law and practice, such as commencement of a class action, requirements for class certification, class action discovery, notice to class members, opt-out rights, Seventh Amendment and due process issues, class settlements, remedies, appellate review, issue and claim preclusion, ethical issues, ADR, and third-party financing. Also contains a special focus on securities, mass tort, and employment discrimination class actions, as well as treatment of federal multidistrict litigation, defendant class actions, bankruptcy, joinder devices under the Federal Rules of Civil Procedure, and shareholder derivative suits. Explores the latest cutting-edge issues in multi-party litigation and discusses numerous ground-breaking court decisions. This latest edition a…

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This title focuses on defending consumers in debt collection lawsuits.

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An engagingly written survey of demand (collections) letters. David J. Cook, author of The Debt Collector's Handbook, opens the book by describing the purpose of demand letters, the various means of delivery to the recipient(s), the expected outcomes, and tips for writing them.

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This multivolume practice guide covers preparation and filing for bankruptcy proceedings. It also covers trustee appointments and their powers, bankruptcy claims, debtors rights, reorganization, debt adjustment, and the appeals process.

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All areas of construction litigation are covered in this two-volume set, starting with case analysis, pretrial activities, and special forum issues. The authors continue with an in-depth discussion of the difficult presentation issues for delay and acceleration claims, lost productivity claims, and establishing damages. The final section of the text covers trial and other issues, including direct and cross-examination, appeals, and settlement and releases. Practical examples of, and checklists for, the drafting of many of the key documents used in construction litigation are also included.

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"A how-to manual for handling every aspect of a class action, even for small law offices, written by experienced consumer class action litigators." -Publisher's description.

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"All Pleadings from All of NCLC's Manuals. Instant access to over 2,000 sample pleadings, covering every stage of litigation and every consumer law subject area. Pleadings are ready to print, download, or paste into your word processor." - from the publisher.

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"This Nutshell, which replaces Binder, Moore and Bergman's Deposition Questioning Strategies and Techniques (2001), provides comprehensive descriptions and concrete illustrations of effective strategies and techniques for taking and defending depositions. The book can serve as a text for a 2-4 unit stand-alone depositions course (either live client or simulated) or as a supplement to a civil pre-trial lawyering course. It devotes separate chapters to such fundamental skills as obtaining helpful answers to critical questions, undercutting harmful testimony, obtaining a deponent's version of significant events, and obtaining information from evasive deponents. Other chapters include topics such as responding to inconsistent or implausible testimony, overcoming opposing counsel's objections and obstructionist tactics, and preparing a client to be deposed." -publisher's description

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Civil litigation in the United States is becoming an increasingly international practice, requiring litigants and courts to apply foreign and international law in order to resolve domestic cases. Discovery is one of the principal areas of civil litigation that requires collaboration across national lines and efficacy of court orders beyond jurisdictional boundaries. Although central to the practice of civil litigation in the United States, discovery is virtually unknown in most civil law jurisdictions, which creates a problem for obtaining necessary evidence from these countries. This book considers the procedures for obtaining evidence in the United States through the Federal Rules of Civil Procedure and the Hague Evidence Convention. The book then describes, in successive chapters organized by jurisdiction, the laws that enable foreign litigants to obtain evidence in the respective countries. Each chapter discusses the controlling law on foreign discovery, including the type of evide…

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Discovery is critical to achieving success in resolving disputes, even if the case is never tried to verdict, as is typical with construction disputes. This deskbook outlines the discovery process as it pertains to the unique nature of construction disputes, from its inception prior to formal litigation, to the planning and conduct of discovery through the classic means of document production, interrogatories and depositions.

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Discovery Practice gives you hard-nosed, trial-tested guidance through all the intricacies of what to do, whether to do it, and how to do it -- at every stage of the discovery process.

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Today|lawyers and clients devote a great deal of time|effort and expense to discovery. More often than not|discovery|and not trial|is the central battleground of a case. The need for analytical and strategic guidance on problems related to discovery is essential|as much of it is handled by relatively inexperienced lawyers|and in the case of document production|by legal assistants. Discovery is the inescapable|enduring feature of modern civil litigation. Since 1960|the United States civil justice system has witnessed a litigation explosion and trial implosion. The number of cases has skyrocketed|but the number of trials has declined -- both proportionately and|in federal court|absolutely. Putting aside all other issues raised by the vanishing trial phenomenon|it clearly accentuates the critical importance of discovery. Parties evaluate cases|and make judgments about settlement value and other disposition techniques|in light of the evidence gathered in discovery. Effective discovery is c…

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Today, lawyers and clients devote a great deal of time, effort, and expense to discovery. More often than not, discovery, and not trial, is the central battleground of a case. Most civil lawsuits in federal court end before trial, either by pretrial settlement or on dispositive motion. In either case, the fruits of discovery can be critical to the outcome. The need for analytical and strategic guidance on problems in discovery is heightened by the fact that much of it is handled by relatively inexperienced lawyers, and in the case of document production, legal assistants. Effective discovery is crucial. This book is written to address that need. It describes the problems that civil litigators encounter most frequently in pretrial discovery and presents suggestions and strategies for solving these problems. Following a background discussion on the scope and types of discovery, discovery problems are presented as hypotheticals (many of which the authors have encountered in their experien…

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"For even the most seasoned attorneys, defending DUI cases has always presented special challenges. Today—due to legislative developments, the introduction of incredibly sophisticated blood alcohol-testing technologies, and an increasingly harsh prosecutorial climate—mounting a successful defense is more difficult than ever. The new Eighth Edition of Drunk Driving Defense is updated to reflect recent developments which includes a new section on Sentencing of Non-Citizens; detailed information about the SCRAM® (Secure Continuous Remote Alcohol Monitor) device; updated state-by-state listing of DMV contacts; and expanded discussions on the offense of DUI by marijuana, the source code issue in breath testing devices, and how recent U.S. Supreme Court cases impact the admissibility of chemical test evidence in a DUI case." - publisher's description

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This practice manual contains more than 100 forms and documents. Each form includes commentary explaining when and how each form should be used. The manual is organized into five parts: managing the elder law practice; estate and long-term care planning; powers of attorney, medical directives and wills; trusts; and miscellaneous topics.

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"Beginning with the basic rules governing discovery, this book discusses the legal and practical challenges involved in e-discovery, special evidentiary issues, when protective orders to limit electronic discovery may be issued, and strategic considerations—in short, everything the practitioner needs to master the use of e-discovery." - publisher's description

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This book provides a handy overview of the rules that must be followed when collecting and presenting electronic evidence in court, including ethical issues and the admissibility of digital evidence.

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Provides the information, tips and strategies necessary to bring or defend a successful lawsuit.

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Real advice you can trust and use in small claims courtWhen every other method to collect has failed, a small claim is the right remedy to seek. If you're looking at either prosecuting or defending in a small claims court, with or without an attorney, the information presented in Filing & Winning Small Claims For Dummies is indispensable.The nuances of small claims courts vary from state to state, but the basic approach in preparing and presenting a small claims case is extremely uniform no matter where you are. Regardless of state or circumstance, you can find, trust, and use the info in Filing & Winning Small Claims For Dummies to prepare yourself for your court date. You'll find everything you need to know including establishing a case, settling or mediating a dispute, fees, applications, and other paperwork, statues of limitations, securing...The EPUB format of this title may not be compatible for use on all handheld devices.

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This Continuing Legal Education course is designed to educate attorneys regarding the federal removal and remand process. Topics discussed include "snap removal," improper joinder, how to avoid removal and remand, and how to proceed after a case is removed.

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"Guides readers through the bankruptcy process, explaining bankruptcy law requirements and providing line-by-line instructions for filling out the necessary forms." - publisher's description

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"When economic times are hard, clients need their debts collected and judgments enforced more than ever for their businesses to be viable. Collecting and enforcing judgments has become an important legal process in the United States and worldwide and is now becoming a very prominent and respected specialty of the law. Judgment Enforcement is a best-selling desktop reference with comprehensive information about the judgment enforcement process in general and many other areas in particular." -publisher's description

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This e-book takes a broad look at foundational topics in the law, including the basic litigation process, constitutional law and rights, property law, tort law, and criminal law and procedure, and is an excellent beginner’s resource to understanding the basics of the legal system in the United States.

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This e-book from Nolo Press offers a variety of downloadable, editable legal forms for everyday situations such as borrowing & lending money, delegating authority to care for children or pets, buying & selling property, handling personal finances, and many more common situations.

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In 1985, the United States Supreme Court held in Phillips Petroleum Co. v. Shutts, 427 U.S. 797, that state courts can, within certain due process constraints, adjudicate claims of non-resident class members. This ruling opened the door for state courts to entertain multi-state and nationwide class actions that had traditionally been filed in federal forums. While some state courts proved more hospitable than others to multi-state class actions, the following decade witnessed a significant increase in the number of multi-state class actions being adjudicated in the state courts. To help you understand the differences in each state' s laws, The Law of Class Action: Fifty-State Survey 2012-2013 contains an up-to-date analysis of class action law in each of the fifty states. It is a valuable tool for both in-house and outside counsels who confront the prospect of litigating class actions in state forums with which they may have little or no experience and must make informed recommendation…

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In 1985, the United States Supreme Court held in Phillips Petroleum Co. v. Shutts, 427 U.S. 797, that state courts can, within certain due process constraints, adjudicate claims of non-resident class members. This ruling opened the door for state courts to entertain multi-state and nationwide class actions that had traditionally been filed in federal forums. While some state courts proved more hospitable than others to multi-state class actions, the following decade witnessed a significant increase in the number of multi-state class actions being adjudicated in the state courts. To understand the differences in each state's laws, The Law of Class Action: Fifty-State Survey 2014-2015 contains an up-to-date analysis of class action law in each of the fifty states. It is a valuable tool for both in-house and outside counsels who confront the prospect of litigating class actions in state forums with which they may have little or no experience and must make informed recommendations on remov…

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"Legal Drafting in a Nutshell, 5th Edition, provides guidance on producing transactional documents, contracts, instruments, legislation, and regulations that solve existing problems and prevent future problems. The book provides both a large scale, macro overview of the drafting process as well as small scale, micro focused discussion of the mechanics of legal documents at the sentence, word, and punctuation level. The book incorporates current and developing perspectives regarding subjects like plain English, legal typography, and document preparation in the 21st century. This is especially the case in sections of the text dealing with contracts and instruments, although it is true throughout the text. Legal drafting is as much a thought process as a writing process; clear thinking leads to clear drafting. This book is a guide for clear, structured thinking about drafting in order to provide readers with a structured process to follow when assembling useful legal documents." - publish…

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"With Legal Forms for Starting & Running a Small Business, you can do most of the routine stuff yourself, checking with a lawyer only when it's really necessary. This book includes over 60 of the most important forms you'll need to run your small business--as well as thorough, plain-English information and line-by-line instructions so you can get the job done right." - publisher's description

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"License Agreements: Forms and Checklists, Second Edition puts at your fingertips -- and on your computer screen -- all the critical tools needed to draft, negotiate, and finalize licensing deals more quickly and effectively." - publisher's description

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In 2018, the State Bar of Texas sponsored a two-day CLE seminar covering topics related to litigation. This book contains material to accompany the presentation and includes articles and legislative updates on areas of law including commercial litigation and business torts, arbitration, discovery, and insurance law.

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"Moore's Manual: Federal Practice Forms is a handy condensation of Bender's Federal Practice Forms. This indispensable desk set, first published in 1964, brings together the essential forms for use in civil litigation in federal court, from the initial filing of the action through appeal. These timesaving forms can also be adapted for use in any of the 39 states that have modeled their procedures after the federal rules." - publisher's description

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"This comprehensive guide not only analyzes every applicable rule of civil procedure, but also gives you practice-proven techniques for evaluating what motions will work most effectively in each of your cases. From early pretrial motions dealing with complaints and jurisdiction to appellate motion practice for both victor and vanquished, Motion Practice shows you both what is permissible and what is advisable in such aspects of motion practice as: formal requirements, strategic uses, use of supporting documents, effective advocacy, persuasive oral argument, and ethical issues. The authors include a table of deadlines affecting motions, along with sample forms and illustrative trial examples." -publisher's description

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" Face your deposition without fear using this comprehensive guide. Getting deposed? Conducting a deposition? Here's the book you need to take the mystery out of the deposition process and answer questions with confidence. You'll even learn the three "golden rules" for answering questions and the trick questions lawyers often use to influence testimony. A perfect book for law students, lawyers, legal assistants, witnesses, expert witnesses, and anyone who wants to represent themselves in court, Nolo's Deposition Handbook provides all the information you need to sail through the deposition process with confidence. This edition contains updated statutes, cases, and rules -- plus, read new material on "electronic discovery", which applies to information stored in computers, including records and emails."

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This edition of the Of Counsel book reflects some changes to the Model Rules of Professional Conduct adopted since the fourth edition was published in 2013, as well as some changes and additions aimed at providing those considering an Of Counsel relationship with all of the tools necessary to successfully navigate the process. For example, this edition includes new forms and checklists, including Term Sheets for use in negotiating specific Of Counsel arrangements, a Conflicts of Interest and Risk Management Questionnaire, and Top Ten Tips for Staying Out of Trouble in an Of Counsel Arrangement. Finally, this edition has been reorganized so that each chapter is a self-contained module on the subjects covered, including copies of applicable rules and opinions, for increased ease of reference by the practitioner.

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One Hundred Days Before Trial provides an antidote to trial anxiety, usually caused by poor planning and insecurity. The author offers an alternative to the mad-dash scramble model of trial preparation, with a simple message: start early with the end in mind , develop a plan , and maintain self-discipline to work the plan on a regular basis. The book is broken into segments based upon arbitrary time periods. The reader need not precisely follow the schedules suggested; they are simply guidelines to consider. Each case is different and one must prepare according to each case's dynamics. What is essential and common to all cases, however, is the necessity of thinking first, acting second and being mindful both of the big picture and the fine details.

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This book contains sample jury selection questions for 26 different types of civil and criminal cases covering more than 150 distinct topics, including: assault & battery, breach of contract, civil rights violations (1983), domestic violence, employment discrimination, fraud, homicide, medical malpractice, pain and suffering.

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Details how to conduct a personal injury case and the paralegal's role in it. Covers every type of injury case including medical malpractice, auto accidents, slip and fall, product liability and wrongful death. Contains practical tips on case organization and file maintenance. Packed with sample forms, checklists and pleadings to help organize a case efficiently.

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Whether one is counsel for plaintiff or the defense, in a larger case or a smaller one, the essential process of preparation in the final months before trial is the same – notwithstanding the fact that every case is unique, every court has different rules, and every judge has personal preferences. In recent years, detailed trial rules have proliferated in our jurisdictions, just as the tolerance of courts and judges of ignorance (or knowing non-compliance) with those rules has lessened. When these facts are coupled with client expectations, there is precious little room for "learning by doing" in preparing a case for trial. Preparing for Trial demonstrates how to systematize your approach to the final weeks before trial, to assure there are no loose ends in your case, and to limit the stress of a very demanding time.

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"The seventh edition of Pretrial Litigation in a Nutshell addresses both the law governing pretrial litigation and the legal skills required for successful practice in this area. The text is fully updated to incorporate all amendments to the Federal Rule of Civil Procedure through December 1, 2019, as well as recent federal statutes and judicial decisions. Although the text’s focus is on federal statutes and rules, the pretrial litigation skills discussed are essential to successful pretrial litigation in both state and federal courts. The text coverage proceeds in the same order as does most pretrial litigation, starting with client interviewing and the establishment of the attorney-client relationship, then considering pretrial planning and investigation, the complaint and responses to the complaint, disclosure and discovery, pretrial motion practice (including summary judgment motions), pretrial conferences and orders, and settlement." -publisher's description

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"This Concise Hornbook covers the main points of civil procedure that any student needs to understand, and covers them briefly but thoroughly enough to be understandable. It focuses on the material covered in a typical law school course on civil procedure, tied to no one casebook. It breaks down the subject of civil procedure along the standard lines: a brief orientation; then a lengthier overview of the stages of litigation, followed by a close inspection of the major procedural problems (governing law, authority to adjudicate, former adjudication, and complex litigation); and finally some reflections in conclusion. It discusses specific problems and illustrations, with the aid of generously sprinkled diagrams and special text boxes. Special attention was given to fitting the civil procedure course's main points together to form the big picture, with each topic ending in a section on the “big idea” (separation of powers, vertical federalism, horizontal federalism, full faith and credi…

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This title examines the more formal part of the criminal process, from bail to post-conviction review.

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"Products liability is the object of late-night talk show jokes and politician's stump speeches. Yet, like many subjects discussed by politicians and TV stars, products liability is more subtle and multi-layered than it’s made to appear. This subject is one of the most difficult and controversial in all of American law. Krauss’ Principles of Products Liability, 3d is designed to ‘‘unpack’’ these subtleties and to allow the reader to understand current American products liability doctrine, and to intelligently participate in debates about proposed reforms. The book is chock full of summaries of case reviews and theoretical analyses, as well as advice for practitioners. It incorporates all the recent case law, through the 2018 term of the United States Supreme Court. By the time the reader has finished this book, she or he will understand a lot about automobiles, pharmaceuticals and workplace technology! Indeed, the practical knowledge imparted by an understanding of products liability i…

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"This book is written in a student-friendly style designed to facilitate learning and comprehension. In addition, the book is up-to-date and contains the latest decisions from the United States Supreme Court and the lower federal and state courts." - publisher's description

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A comprehensive and scholarly analysis of every prosecutorial abuse, from the initiation of a criminal investigation through the appeal and post-conviction stages for both federal and state jurisdictions; also provides the defense bar with proven battle plans.

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This title provides instructions for how to draft a will quickly and easily while remaining within the bounds of the law. All necessary forms are provided in the manual to assist in the will-writing process.

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This annual chapter from Recent Developments in Business and Corporate Litigation produced by the Business and Corporate Litigation Committee features the latest and most significant developments in class action jurisprudence in 2015, including highly anticipated decisions issued by the U.S. Supreme Court. The main sections of this chapter set forth the basic legal framework and concepts governing federal class actions in the United States and highlight key developments in class action law during 2015. It also addresses the basics of Canadian class action law and recent developments in Canadian and cross-border class actions. In the interests of efficiency, this work focuses on developments under Rule 23, which governs class actions in federal courts nationwide and is the model for most state class action law.

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"Sometimes it makes sense to handle a court case without an attorney. This book breaks down the trial process into easy-to-understand steps so that you can act as your own lawyer -- safely and efficiently. Whether you're a plaintiff or a defendant, this book will help you confidently handle a divorce, personal injury case, landlord/tenant dispute, breach of contract, small business dispute, or any other civil lawsuit. This edition has been revised with the latest rules and court procedures, and includes updated information on electronic discovery rules and fax filing procedures. Plus, you'll get enhanced materials on court assistance for pro per litigants and an expanded discussion of self-representation in bankruptcy court"--

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"Section 1983 Litigation: Forms provides all the forms you need to successfully litigate a Section 1983 case." - from the introduction

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To understand the differences in each circuit's laws, 2018 Survey of Federal Class Action Law: A Circuit-by-Circuit Analysis contains an up-to-date analysis of class action law in each of the Federal Circuits. It is a valuable tool for both in-house and outside counsels who confront the prospect of litigating class actions in Federal Circuits with which they may have little or no experience and must make informed recommendations on removal. Succinct summaries are prepared by litigators from each of therespective Circuits and address changes in rules and statutes as well as significant case law.

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To help understand the differences in each circuit's laws, Survey of Federal Class Action Law contains an up-to-date analysis of class action law in each Federal Circuit.

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This handy, 2015 edition of The Federal Rules Book provides all the rules, amendments, and any major revisions to the Federal Rules of Civil Procedure, the Federal Rules of Appellate Procedure and more. In this attractive annual edition this year, you'll find: • Updates and revisions to the Federal Rules of Evidence • Updates and revisions to the Federal Rules of Appellate Procedure • Updates and revisions to the Federal Rules of Criminal Procedure

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The Burden of Proof provides valuable trial insights and structure for attorneys by analyzing the burdens of proof, production and persuasion as applied to the entire civil litigation process from case intake through appeal. It will prepare the reader for the most efficient and effective approach to litigation by framing the burdens of proof associated with common-law and statutory causes of action as well as the burdens applicable to discovery, dispositive motions, trial preparation, and appeals. This meticulous, thorough, and scholarly book provides an understanding of the burden of proof and all it entails, beginning with its historical roots in the court systems of ancient Greece and Rome. Equally a practical work, it demystifies the theory and workings of the burden of proof in civil trials and how it profoundly shapes litigation practice.

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Learn how to extract key financial information in discovery with The Business Tax Return Handbook. A companion volume to bestselling 1040 Handbook, this is an invaluable tool for reviewing commercial business and professional practice returns to gather information and prepare a complete discovery plan for family law cases. A variety of hypothetical examples using 2008 business returns are used to illustrate points in the text, including the most common forms and schedules for partnerships, corporations, and unincorporated businesses. This line-by-line guide can be used as a complete introduction to the family law aspects of business tax returns or as a quick reference for lawyers who want to concentrate on particular areas of business taxation. The author discusses fundamental tax issues that impact on family law matters and offer comments to explain line items and statements for all four types of business tax returns. Topics covered include: —Using key business and tax terms …

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"Packed with practical advice and invaluable insights-and dozens of key legal forms-this book shows you how to: get your business ready to sell, value your assets, set the best price for your business, find the right buyer, anticipate and resolve tax issues, negotiate a payment plan, limit your liability, work with lawyers, accountants, and brokers, and close the deal and transfer the business to a new owner." - publisher description

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"The First Trial Nutshell is a fresh and unique approach to advocacy instruction. Concentrating on the overall approach to trying a case, it weaves persuasion and procedure to help lawyers and law students prepare for their first trials with confidence. Addressing everything from technology to where to sit and what to say it meshes the practical advice and “how to” instructions with sophisticated persuasive techniques. Small enough to be read in a single sitting, this book will serve as the perfect first primer and a continuing resource for experienced litigators to read again before trial mediation or arbitration." -publisher's description

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The Law of Class Action: Fifty-State Survey 2021 is a valuable tool for both in-house and outside counsels who confront the prospect of litigating class actions in state forums with which they may have little or no experience and must make informed recommendations on removal. Succinct summaries are prepared by litigators from each of the respective states and address changes in rules and statutes as well as significant case law. These summaries are extremely useful in understanding state court rules essential to practitioners and parties alike.

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The Law of Class Action: Fifty-State Survey is a valuable tool for both in-house and outside counsels who confront the prospect of litigating class actions in state forums with which they may have little or no experience and must make informed recommendations on removal. Succinct summaries are prepared by litigators from each of the respective states and address changes in rules and statutes as well as significant case law. These summaries are extremely useful in understanding state court rules essential to practitioners and parties alike.

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The Law of Class Action: Fifty-State Survey 2020 is a valuable tool for both in-house and outside counsels who confront the prospect of litigating class actions in state forums with which they may have little or no experience and must make informed recommendations on removal. Succinct summaries are prepared by litigators from each of the respective states and address changes in rules and statutes as well as significant case law. These summaries are extremely useful in understanding state court rules essential to practitioners and parties alike.

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"This title provides case logs, to-do checklists, countdown calendars, proof rubrics, motion arguments, evidence checklists, pattern themes, openings, and closings, plus tips for effective discovery, picking juries, and proving facts." -Publisher's Description

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"Witness Preparation shows how to prepare any kind of witness, lay or expert, party or hostile. You'll also find detailed coverage of relevant office procedures, how to learn each witness' story, how to prepare the witness for discovery and deposition, plus many practical features including: color photographs illustrating principles of witness attitude and appearance; checklists for both witness and attorney in civil and criminal cases; form letters and other sample documents." -publisher's description

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