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Kiya Ahmed had an affair with her married boss, Paul Buckner. After that relationship soured, Kiya was denied partnership at Cooper & Stewart, the accounting firm where she and Paul both worked. Kiya claims discrimination and retaliation caused the denial. The defendants say that her inconsistent job performance lead to their decision. Who is right? This well-balanced case file can be won by either party.Ahmed v. Buckner is the new incarnation of the popular case file Polisi v. Clark. The defendant business is now an accounting firm, rather than a law firm. Updated exhibits include computer records, text messages, and emails, allowing lawyers to practice their skills in laying foundations. The deposition file has three witnesses for each side. The trial version includes two additional expert witnesses and their reports. Whether they are law students or practiced lawyers, this engaging case file will hone participants advocacy skills.
Buy a new version of this textbook and receive access to the Connected eBook with Study Center on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes practice questions, an outline tool, and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Pretrial, Eleventh Edition, by Thomas Mauet and David Marcus, organizes pretrial planning and execution into a series of steps students can easily master. Ordinary law school classes give students very few opportunities to learn about how lawyers prepare and manage cases. Pretrial introduces students to all aspects of case development, litigation, and settlement, ranging from the initial client interview to the analysis of settlement strategy and terms using many real-life examples. It provides sample documentation for each stage of a civil case. An invaluable text for law students, Pretrial also gives new lawyers straightforward, practice-oriented instruction as they immerse themselves in the real world of litigation practice. It also offers experienced lawyers a concise, ready source they can consult when they need a refresher. Through eleven editions, Pretrial continues to feel fresh and relevant. This perennial favorite combines vital aspects of civil procedure with accessible coverage of civil litigation in a single volume, introducing students to all aspects of case development. From investigating and planning to pleadings, discovery, motions, and settlement strategy--the hands-on learning, expert analysis, and actual cases in Pretrial encourage students to embrace the subject and develop the practical lawyering skills of pretrial litigation. Famously clear and concise, Pretrial features: Authoritative and readable text from nationally recognized litigation and trial experts An organized methodology for building knowledge and skills Interactive problem exercises for each stage of a pretrial litigation A sample case file--realistic documentation--accompanies a hypothetical civil case The online resources include litigation files with separate materials for plaintiffs and defendants for six separate cases Additional updates and resources New to the 11th Edition: Extensive updates to discovery in response to changes to the Federal Rules of Civil Procedure and to relevant technology Timely guidance for handling remote hearings and depositions A fresh look at personal jurisdiction, multi-party joinder, and the many issues that affect litigation, such as taxation of settlements and pleading doctrine Professors and students will benefit from: The only single-volume text to combine no-nonsense instruction in civil procedure with detailed but straightforward how-to lessons for civil litigation Authorship by the founder of the trial practice curriculum in American law schools, and revision by a nationally recognized expert in civil procedure No jargon, with an eye toward what litigators need to know on a day-to-day basis for their practices
Seymour Justice LLP (Patton v. Dell) involves Audrey Patton, a family law attorney who becomes the unwitting target of a rival's ill will. This rival falsifies an online dating profile of Ms. Patton on a website that promotes extramarital affairs. Ms. Patton learns of the profile only after she receives a barrage of unwanted sexual solicitations by email from strangers who have viewed the fake profile. The situation escalates when Ms. Patton receives a text on her personal cell phone from a stranger who thinks they are supposed to be meeting for a date, and an angry client fires her from a pending divorce case discovering this salacious online account. Ms. Patton seeks the services of Seymour Justice LLP to unmask the anonymous person who created the fake account and to file a lawsuit against the individual for the harm she has suffered as a result.This innovative file creates an interactive learning experience that allows students the opportunity to perform essential legal tasks in a simulated law office setting, in which they act as junior associates or paralegals. They participate in every phase of representation, from client intake, to pleadings, and discovery. Their assorted tasks include substantive legal analysis, legal drafting, and administrative functions like time entry and conflict checks.Samples of forms, administrative files, correspondence and memoranda; social media and text message evidence; and exhibits make Seymour Justice LLP the ideal introduction to the administrative side of being a lawyer. Comprehensive teaching notes with problem sets are available for instructors.
A bout of meningitis leaves 2-year-old Timmy profoundly deaf. His mother sues the hospital, alleging that neglectful care and a slow diagnosis directly caused Timmy's deafness. The hospital counters that the proper standard of care was met and Timmy's deafness was unfortunate but unavoidable. Who is right? That's the challenge for this well-balanced, lively case. The case presents a wealth of expert testimony, both medical and economic. A total of eight expert reports, four for each side, are provided. Experts can all be used, or if the class has a shorter time frame can be limited. Electronic materials, in the form of texts and social media, provide exercises in foundation building for these modern exhibits. The affidavits in Avila v. The Nita City Hospital are engaging, with well-rounded personalities that volunteers will enjoy roleplaying. As in real life, the case is filled with challenging evidence problems--is the prior assault allegation against the doctor relevant? Is the mother's misdemeanor neglect? Are all the media exhibits relevant? Participants will have to decide what to pursue, and how to build a foundation for each exhibit. With its realistic exhibits and professional appearance, Avila creates an immersive experience that all participants, students and instructors, will enjoy.
New to the 2022 Edition: Supreme Court cases updated through the close of the Supreme Court's October 2021 Term Federal Rules and Statutes current up through the latest revisions Substantially updated materials in key chapters, including new cases and problems
Slovin v. Slovin is a multifaceted matrimonial action that started when Rita Slovin sued her husband, Michael Slovin, for divorce under the jurisdiction's no-fault divorce provisions. Rita seeks sole custody of the couple's two children, while Michael seeks a significant equitable distribution award and sole custody of their children. Michael has also brought a separate action against Rita for battery and slander. Slovin is a multi-purpose case file divided into five modules. The first two modules focus on child custodythe negotiation and trial of the child custody case. The second two modules concern the trial and negotiation of financial issues, with sole consideration to equitable distribution. In addition to those traditional matrimonial litigation issues, there is an additional module that introduces the theory of marital tort as an offshoot of the matrimonial litigation. There are two causes of action, one for battery and the other for defamation. The insertion of those two tort claims allows for additional training in basic trial advocacy skills while developing more complex theories of the case. Further, the related battery and defamation actions allow participants to gradually develop their advocacy skills. Slovin v. Slovin features eleven witnesses, depositions and testimony, expert reports, and modern electronic evidence in the form of Twitter posts that are accessible on online "microsites."
When two entrepreneurs clash over women's sportswear, the spandex flies. Michelle Paul sold her start-up company, Sportslifeware, to Arthur Dillon for $6 million. Dillon paid the first $500,000 at closing, but failed to pay the remaining $5.5 million when it was due. Paul is suing for that sum, but Dillon claims that Paul breached their contract by starting Sportique, a new sportswear company and luring away two of her former employees. Worse, one of the employees brought along the highly confidential customer list--one of Sportslifeware's most valued assets. Dillon is countersuing for the damage he alleges Paul inflicted when she breached the contract.The third edition of this popular casefile introduces Internet and social media exhibits, and updates the exhibits for a real world feel. Paul v. Dynamo focuses on motion practice, an expanding portion of all law suits, and frequently the work that resolves a case. Self-encapsulated, with all the legal research participants need included in the book, Paul v. Dynamo teaches students fact-finding, researching, and writing motions.
Kiya Ahmed had an affair with her married boss, Paul Buckner. After that relationship soured, Kiya was denied partnership at Cooper & Stewart, the accounting firm where she and Paul both worked. Kiya claims discrimination and retaliation caused the denial. The defendants say that her inconsistent job performance lead to their decision. Who is right? This well-balanced case file can be won by either party.Ahmed v. Buckner is the new incarnation of the popular case file Polisi v. Clark. The defendant business is now an accounting firm, rather than a law firm. Updated exhibits include computer records, text messages, and emails, allowing lawyers to practice their skills in laying foundations. The deposition file has three witnesses for each side. The trial version includes two additional expert witnesses and their reports. Whether they are law students or practiced lawyers, this engaging case file will hone participants' advocacy skills.
Watson v. Century Technologies, Inc>. is a civil action for employment discrimination. A businesswoman is suddenly fired, finding herself the odd woman out in an organization getting younger by the day. Plaintiff Sharon Watson was a respected senior sales executive working in a technology-based sales company, and has been with the company since it started selling beepers over twenty-five years ago. Danielle Khouri, the new face of Century and a rising star in the tech world, was brought in to shake things up. Sharon's exceptional career comes to an abrupt end when she is fired from her job. A case of age discrimination, or a simple case of parties not seeing eye to eye on the future of a company? Either side can make a compelling case given the exhibits, testimony, and witnesses.Watson v. Century Technologies, the first in Theresa D. Moore's Trial by Fire(TM) legal case series, includes two to four witnesses per side, mini depositions, and modern electronic evidence in the form of emails and Facebook posts. The Second Edition is updated to include an expert witness in human resources practices and a 100-minute video-recording of a juror focus group, each of which deepen a student's learning experience.
Allen v. Allen describes the legal, emotional, and economic challenges a family of four faces during a divorce. The parents, Lynne and David Allen, each seek decision-making authority and primary residence of their two adolescent children, while also disputing the valuation and division of their marital assets.The complexities that accompany family reorganization necessitated by divorce and the unique nature of family law litigation require interdisciplinary knowledge and the understanding and cooperation of lawyers, mediators, mental health experts, and financial experts. This second edition of Allen v. Allen takes place in an interdisciplinary setting to allow professionals to work together to protect the rights, needs, and interests of their clients and children.The case file features five witnesses (i.e., a court-appointed, neutral expert psychologist; valuation experts for both sides; husband and wife), exhibits, depositions, expert reports and evaluations, and social media evidence (Facebook posts, emails, and text messages). The parenting plan and business valuation disputes can be tried separately or together; each will challenge the learner's advocacy and examination skills.
Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Lively and Engaging, An Introduction to the American Legal System Speaks to a Broad Spectrum of Students as It Informs Them about Contemporary Legal Issues That Directly Impact Their Lives, Law, Courts, and Liberties. The Sixth Edition of An Introduction to the American Legal System provides both historical context and thoroughly up-to-date coverage of all aspects of American law and the legal system. Vivid examples, on-point case summaries, and hot-button issues make this text an obvious choice for paralegal, criminal justice, political science, prelaw, or legal studies courses. New to the Sixth Edition: Emphasis on recent decisions by the U.S. Supreme Court, such as Dobbs v. Jackson Women's Health Organization (2022), that have an impact on public policy and questions of constitutional interpretation, the importance of precedent, and the role of the Court in the constitutional system Added discussions of the debate surrounding the meaning of the Second Amendment, with particular attention paid to the Supreme Court's decision in New York State Rifle & Pistol Association v. Bruen Additional current and engaging content throughout the book to help students connect the legal issues in the text with interesting real-world applications Expanded coverage of free speech rights in high school and college settings Analysis of numerous Supreme Court decisions concerning civil rights and liberties through the 2021-2022 term Professors and students will benefit from: A comprehensive overview of the history and structure of the American legal system, supported by real-life examples Contemporary topical coverage of constitutional issues, torts, property law, contracts and business law, family law, legislation, and administrative law Cases in Point that concisely illustrate how the law applies in the real world Questions for discussion in every chapter that point to high-interest issues for debate A well-crafted pedagogical design that includes learning objectives and chapter outlines A four-part structure easily grasped by students: Foundations of the Legal System, Public Law, Private Law, and the Legal Process Clear and accessible writing A comprehensive glossary of legal terms
Allen v. Allen describes the legal, emotional, and economic challenges a family of four faces during a divorce. The parents, Lynne and David Allen, each seek decision-making authority and primary residence of their two adolescent children, while also disputing the valuation and division of their marital assets.The complexities that accompany family reorganization necessitated by divorce and the unique nature of family law litigation require interdisciplinary knowledge and the understanding and cooperation of lawyers, mediators, mental health experts, and financial experts. This second edition of Allen v. Allen takes place in an interdisciplinary setting to allow professionals to work together to protect the rights, needs, and interests of their clients and children.The case file features five witnesses (i.e., a court-appointed, neutral expert psychologist; valuation experts for both sides; husband and wife), exhibits, depositions, expert reports and evaluations, and social media evidence (Facebook posts, emails, and text messages). The parenting plan and business valuation disputes can be tried separately or together; each will challenge the learner's advocacy and examination skills.
This textbook offers concise guidance on how to become a successful judicial writer using common judicial documents, including bench memos, trial court orders, jury instructions, appellate opinions, dissents, and concurrences. So Ordered explains how to conceive, express, and revise each of the principal parts of these documents, from the case caption and introduction to the legal analysis and conclusion.Handpicked, annotated examples from the nation's best judicial writers will inspire students to develop successful legal writing strategies and craft well-polished documents. A straightforward, accessible textbook that shows--rather than tells--students how to approach their writing assignments with care, So Ordered instills valuable lessons on lawyering that students can draw on throughout their careers.
When two entrepreneurs clash over women's sportswear, the spandex flies. Michelle Paul sold her start-up company, Sportslifeware, to Arthur Dillon for $6 million. Dillon paid the first $500,000 at closing, but failed to pay the remaining $5.5 million when it was due. Paul is suing for that sum, but Dillon claims that Paul breached their contract by starting Sportique, a new sportswear company and luring away two of her former employees. Worse, one of the employees brought along the highly confidential customer list--one of Sportslifeware's most valued assets. Dillon is countersuing for the damage he alleges Paul inflicted when she breached the contract.The third edition of this popular casefile introduces Internet and social media exhibits, and updates the exhibits for a real world feel. Paul v. Dynamo focuses on motion practice, an expanding portion of all law suits, and frequently the work that resolves a case. Self-encapsulated, with all the legal research participants need included in the book, Paul v. Dynamo teaches students fact-finding, researching, and writing motions.
Allen v. Allen describes the legal, emotional, and economic challenges a family of four faces during a divorce. The parents, Lynne and David Allen, each seek decision-making authority and primary residence of their two adolescent children, while also disputing the valuation and division of their marital assets.The complexities that accompany family reorganization necessitated by divorce and the unique nature of family law litigation require interdisciplinary knowledge and the understanding and cooperation of lawyers, mediators, mental health experts, and financial experts. This second edition of Allen v. Allen takes place in an interdisciplinary setting to allow professionals to work together to protect the rights, needs, and interests of their clients and children.The case file features five witnesses (i.e., a court-appointed, neutral expert psychologist; valuation experts for both sides; husband and wife), exhibits, depositions, expert reports and evaluations, and social media evidence (Facebook posts, emails, and text messages). The parenting plan and business valuation disputes can be tried separately or together; each will challenge the learner's advocacy and examination skills.
If you want to successfully lead a meeting, make your case before a judge or jury, pitch a new client, counsel a client over the phone, or lecture to an audience of hundreds, you need to communicate with ease, confidence, and style. Foolproof: The Art of Communication for Lawyers and Professionals, written by international communications expert Rebecca Diaz-Bonilla, is a personal laboratory for improving your preparation for any oral communication, achieving vocal success, enhancing body language techniques, and expressing the right emotion. With a new chapter on women and communication, this second edition will help all readers speak with confidence and command the attention of their audience. Some are born with great skills in rhetoric. With practice, those talented few can become amazing. Others are terrified at the idea of speaking in public, and there are strategies to cope with that challenge. And then, there is everyone in between. After working through the advice and exercises in Foolproof, you will walk away more confident, armed with practical tools for developing your communication skills.
When two entrepreneurs clash over women's sportswear, the spandex flies. Michelle Paul sold her start-up company, Sportslifeware, to Arthur Dillon for $6 million. Dillon paid the first $500,000 at closing, but failed to pay the remaining $5.5 million when it was due. Paul is suing for that sum, but Dillon claims that Paul breached their contract by starting Sportique, a new sportswear company and luring away two of her former employees. Worse, one of the employees brought along the highly confidential customer list--one of Sportslifeware's most valued assets. Dillon is countersuing for the damage he alleges Paul inflicted when she breached the contract.The third edition of this popular casefile introduces Internet and social media exhibits, and updates the exhibits for a real world feel. Paul v. Dynamo focuses on motion practice, an expanding portion of all law suits, and frequently the work that resolves a case. Self-encapsulated, with all the legal research participants need included in the book, Paul v. Dynamo teaches students fact-finding, researching, and writing motions.
Readable and practical text for criminal justice courses on court procedure and judicial process, incorporating an overview of evidentiary issues. This text is available in ebook format from the VitalSource Store. To download and use the ebook, you will need the free VitalSource Bookshelf software. DOWNLOAD NOW Features: This text explores the details of the judicial process, explaining the various phases of a criminal prosecution in a clear and often entertaining style. The book provides a balance between theoretical discussions and practical, down-to-earth examples of law in action at every phase of a criminal proceeding. Well-written text that is accessible to both students and professors. Thoughtful pedagogy includes the following: Learning objectives that are stated clearly and succinctly at the beginning of each chapter Terms and legal vocabulary set out in bold in the body of the text and defined immediately in the margin for the ease of student comprehension Figures and tables to illustrate crucial points, designed to capitalize on different learning styles among students Case scenarios to help students develop their understanding of the material Excerpts from seminal or otherwise noteworthy US Supreme Court casesEnd of chapter questions, activities and assignments to hone the studentsand#8217; understanding Reference to a sample criminal case to help develop specific points in each chapter Complete Mock Trial package that includes police, investigative reports, charging documents and other materials to assist student in actually presenting a criminal case and#8220;For the Prosecution/For the Defense, and#8221; point/counter point feature in each chapter that discusses an issue from the prosecution and defense viewpoints Web sites for further research and/or discussion Profiling the Professional: an interview and profile of a legal professional, such as a judge, law enforcement officer, defense attorney, etc., that appears in each chapter. This feature explains the day-to-day world of a legal professional, helping the student/reader make an intellectual and emotional connection with the real-life professionals in the criminal justice system Logical and understandable organization. Author has a wealth of trial experience at every phase of criminal litigation, as well as extensive experience writing textbooks.
When the late Ruggero J. Aldisert wrote Winning on Appeal in 1992, it became an instant classic in law school classrooms and appellate law practices across the country. To celebrate the twenty-fifth anniversary of the book's release, Tessa L. Dysart and Leslie H. Southwick carry on the Aldisert tradition of revealing the "nuts and bolts" of how to prepare an effective brief with the nuanced art of a delivering a persuasive appeal to the court. Their meticulously rendered update is replete with dozens of interviews with leading appeals judges and practitioners--treasured guidance from a bona fide who's who of appellate advocacy in America--and escorts readers into the "wired" courtroom of the twenty-first century, where they explore the benefits and challenges of melding technology with appellate advocacy. With a Foreword penned by U.S. Supreme Court Associate Justice Samuel A. Alito, Jr., Winning on Appeal conveys the perfect blueprint for any lawyer who wants to win on appeal. Reviews "I argued before Judge Aldisert as a young attorney, and I learned from the experience of trying to hold my own in front of the former Marine. I will certainly never forget those occasions. Arguing before Judge Aldisert was the best (and therefore the most demanding) Socratic experience imaginable. Woe to the lawyer who was unprepared or, worse yet, tried to pull something on the court! But to paraphrase that famous Sinatra song, if you could make it arguing in front of Judge Aldisert, you could make it anywhere. I am very pleased that Rugi's teaching will live on after him in this new edition of Winning on Appeal. For new appellate advocates, this volume should be required reading. I wish that it had been available when I argued my first case. For more experienced attorneys, the book contains advanced tips and reminders that may serve as a corrective against the bad habits that are easy to acquire. For any attorney who wants to know how to win on appeal, this is where to look." -- Samuel A. Alito, Jr., Associate Justice, U.S. Supreme Court
The rushed days of two people collided with calamitous results when Taylor Chen, who was walking in a crosswalk, was struck by a car driven by Alex Miller, a KarPül driver on the way to pick up a rideshare customer. Chen has brought a negligence action for personal injury damages against Miller and claims that Miller disregarded traffic lights and failed to yield. Miller claims to have had the right-of-way and that Chen stepped into the street without paying attention to traffic while texting. Who is at fault, and how much damage did Chen really suffer? You must persuade the jury when you try this case. Compact yet thorough, this case file addresses multiple issues of modern evidence and witness examination skills. Professors and students will benefit from: A timeline that helps participants quickly absorb the materials Electronic evidence including text messaging and social media Downloadable color versions of exhibits A limited number of gender-neutral witnesses
Allen v. Allen describes the legal, emotional, and economic challenges a family of four faces during a divorce. The parents, Lynne and David Allen, each seek decision-making authority and primary residence of their two adolescent children, while also disputing the valuation and division of their marital assets.The complexities that accompany family reorganization necessitated by divorce and the unique nature of family law litigation require interdisciplinary knowledge and the understanding and cooperation of lawyers, mediators, mental health experts, and financial experts. This second edition of Allen v. Allen takes place in an interdisciplinary setting to allow professionals to work together to protect the rights, needs, and interests of their clients and children.The case file features five witnesses (i.e., a court-appointed, neutral expert psychologist; valuation experts for both sides; husband and wife), exhibits, depositions, expert reports and evaluations, and social media evidence (Facebook posts, emails, and text messages). The parenting plan and business valuation disputes can be tried separately or together; each will challenge the learner's advocacy and examination skills.
We live in an era when most litigation parties never see the inside of a courtroom. Cases are resolved by motion practice, by informal settlement, or by formal procedures such as arbitration and mediation. Rarely does an attorney get to say, "Ladies and gentlemen of the jury . . . ." Does this change render deposition practice obsolete? Quite the opposite--depositions are more important than ever. Instead of a battle between attorneys who are trying to hide their evidence for trial, depositions are the place to put your best case forward, establish your case theories, explore the strengths and weaknesses of your case, and prepare your disposition strategy, be it a motion for summary judgment, a settlement offer, or mediation. Taking effective depositions in this changed environment involves a new paradigm, a whole new way of thinking about the discovery process. This book will guide you through that process, from interviewing and preparing your client through theory building and expert testimony. It also deals with concrete issues like creating a clean, understandable deposition record that will benefit your case throughout the litigation process. With its Q&A format and its many examples, The Deposition Tutorial will become the book you want on your desk for quick reference.
Unlike most criminal law texts that examine cases and statutes from across the country, this book concentrates on one particular jurisdiction, Ohio. While there are a few non-Ohio cases and laws sprinkled throughout, the focus is on Ohio case law and statutes. Ohio was selected as the jurisdiction of choice because it is one of the few states of size that has both significant urban and rural populations. Furthermore, Ohio, as most presidential candidates are aware, has historically reflected the overall view and mood of the country. This is because the population tends to split fairly evenly to both the right and the left. Thus, Ohio case law, especially opinions from the Ohio Supreme Court, doesn't tend to skew too far in any one direction.Although this book focuses on Ohio law and cases, it does not neglect either the Model Penal Code (MPC) or the common law as both are raised throughout the book where appropriate. In addition, the text regularly asks the reader to compare and contrast the MPC and common law with the laws of Ohio.
In this deposition skills file, Alice Rowe has brought an action under Title VII of the 1964 Civil Rights Act and the Nita Fair Employment Act (which is identical to the California Fair Employment & Housing Act) for sexual harassment and wrongful discharge against her employer, Pacific Quad, Inc. She asserts that her supervisor, operations manager Stanley Schmit, continually leered at her, made offensive sexually suggestive comments to her, brushed by her in order to sexually touch her, and, finally, propositioned her during the two weeks she worked for Pacific Quad. She further alleges that the president of Pacific Quad, John Walsh, was informed of the harassment and ratified it. Rowe claims lost wages, medical expenses (psychotherapy), general damages for emotional distress, and punitive damages. Witnesses may be deposed on the issue of liability only or liability and damages. There are three witnesses for the plaintiff and three for the defendant. The plaintiff and defendant versions are self-contained and can be used independently of each other to teach deposition skills. A trial version of Rowe v. Pacific Quad, Inc. is also available. The deposition and trial files are fully integrated, so that students may use the deposition materials to study deposition practice, using the NITA method, and then go on to study trial practice using the trial materials.
Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Business Planning: Financing the Start-Up Business and Venture Capital Financing by Therese H. Maynard and Shannon Treviño uses an innovative simulated deal format that is drawn from the "deal-files" of real world practicing lawyers. It integrates the teaching of transactional lawyering skills with the presentation of new substantive law that is critical to the success of a junior corporate lawyer practicing in a transactional settingNew to the Fourth Edition: Updates to Chapter 1 to reflect developments in the law and the entrepreneurial landscape. Updates to Chapter 2 to reflect the impact of certain aspects of tax reform on choice-of-entity decisions. A thoroughly revised Chapter 4 regarding federal securities laws, incorporating numerous regulatory changes that have been adopted or become effective since the publication of the third edition. Additions and updates to Chapters 8 and 9 to reflect developments in the venture capital industry and in the public capital markets, including direct listings and SPAC transactions. Updates to several of the chapters to reflect legal developments, including changes in California and Delaware corporate law, and intellectual property and equity compensation laws. The introduction of new secondary sources on topics ranging from practical business lawyering skills to SPACs to public benefit corporations. Professors and students will benefit from: Integrated teaching of transactional lawyering skills with the presentation of substantive law that is critical to the success of a junior corporate lawyer practicing in a transactional setting Instructions on how to analyze both the legal issues and the business considerations that must be taken into account in planning the structure and negotiating the terms of a capital raising transaction for an early-stage company that allows junior lawyers to hit the ground running A simulated deal format that provides a real-world appreciation for the "life cycle of a deal" Student evaluation based on graded memo assignments representative of the work tasks expected of a junior corporate lawyer practicing in a transactional setting Prepared graded memo assignments that relate directly to the substantive material in the casebook reading assignments
Robert Kane's Policing Beyond Coercion proposes a fresh paradigm for conceptualizing the police. In Policing Beyond Coercion, Robert Kane introduces a powerful narrative that encourages policing to move beyond its traditional paradigm with its emphasis on coercion and control. Kane opens by offering a definition of police - based largely on the seminal writings of Egon Bitner and Carl Klockars - and then applies that definition to the police role, arguing that it is time for society to think of policing as an institution whose primary role is to protect life - even when enforcing the law or using force. Kane describes and explains the police subculture, use of force, discretion, recruitment, and accountability and then demonstrates how a protection of life mandate can help policing adapt itself to remain a crucial public institution in a post-George Floyd world. Kane speaks to readers in ways that encourage them to question their assumptions about who the police are while asking them to think about who the police might become. Professors and students will benefit from: A compelling narrative that will keep readers engaged throughout the book A solid foundation in policing, police operations, and strategies An understanding of current role expectations and conflicts A new take on police culture and the "thin blue line" of policing Detailed examinations of stop-and-frisk, use of force and deadly force, discretion, and accountability A push to change the current police recruitment paradigm from one that mostly "screens-out" to one that mostly "screens-in" The introduction of a "new" idea of police that helps policing remain relevant in a post-George Floyd era Non-print materials to support students' engagement with the book and its concepts: Dynamic, online mapping exercises that allow students to analyze police and criminal behavior in real time Blog posts that address emerging topics in the news and encourage students to discuss them with the author and others Podcasts that highlight personal perspectives from police professionals
Johnny Fitzgerald died after his vehicle collided with a train. Was Johnny at fault? Did he intentionally drive is car into the train? Or was the railroad negligent in not providing adequate warnings at the crossing and in the operation of the train? Students can test their skills in this wrongful death case file that can be used as a comparative negligence trial file, a negotiation file, or a fact investigation file. There are five witnesses for each party, including engineering and economic experts. The Fifth Edition includes the addition of an economic expert witness for the defense, and a text message exhibit.
This timely and engaging text introduces the key topics in White Collar Crime, while providing an overview of both organizational and criminological theory. Throughout the text, Law in the Real World examples and in-depth Case Studies offer the opportunity to apply the theoretical to actual situations. Throughout the text, experienced author Laura Pinto Hansen discusses the cultural and structural reasons for why white collar crime happens, even in the most regulated of industries, including financial markets and medicine. White Collar and Corporate Crime: A Case Study Approach provides the perfect introduction to the world of white collar crime.Professors and students will benefit from: Law in the Real World feature explores both well-known and lesser known examples of white collar crime, providing exposure to a wide variety of crimes in an understandable context. Discussion questions encourage students to analyze these examples in more depth.Case Studies provide an opportunity to dive deeper into a single white collar crime case related to the specific chapter.Broad coverage of a wide range of topics in a readable and engaging style. Chapters include chapter objectives, a glossary of key terms, and chapter summaries to help students understand new concepts.An introductory chapter that familiarizes students with how organizations are supposed to work, in theory, if they plan on functioning within legal boundaries.Coverage of the role of social networks in white collar crime, including its theory and terminology and use in criminal investigations in Chapter 3Examination of the intersection of cybercrime and white collar crime in Chapter 7Timely coverage, including the recent impeachment proceedings and effects of COVID-19
The plaintiff, Nita Fire and Casualty Company, brought this lawsuit to recover an amount paid to the defendant, Anthony J. Rubino, on a fire insurance policy on Rubino's business. Rubino was doing business as Rubino and Son, Dry Cleaners. A fire at the defendant's plant resulted in a total loss. The fire marshal determined that the fire was caused by spontaneous combustion. Relying on the report of the fire marshal, the plaintiff paid the defendant's claim in the amount of $300,000.00. After paying the claim, the plaintiff learned from a former employee of the defendant that the fire possibly was caused by arson. After it conducted an independent investigation, the plaintiff decided that the fire was set deliberately. Rubino has denied the allegation of arson.
In this trademark infringement case, Dr. Stanley Love, a dermatologist, alleges that Regency Plastic Surgery, PC, has infringed his common-law trademark of the "The Love Look" by using "The Look of Love" as its marketing slogan. Dr. Love is seeking injunctive relief and damages. For more than a decade, Dr. Stanley Love, a dermatologist, has marketed his cosmetic surgery practice with "The Love Look" as his slogan. Regency, a New York City practice that has opened branches around the country, registered the service mark "The Look of Love" with the U.S. Patent and Trademark Office and began using the slogan in all its marketing. Regency opened a branch practice in Dr. Love's area about two years ago. Regency denies liability, claiming that Dr. Love had no common-law trademark because "The Love Look" is merely descriptive and therefore Dr. Love could acquire no common-law trademark rights in the slogan. Regency also claims that even if "The Love Look" has acquired trademark protection, Regency did not infringe the trademark. Finally, Regency claims that Dr. Love's claims are barred by laches and the statute of limitations. The Love v. Regency case file has contains the following witnesses: Four fact witnesses (two per side) Two liability expert witnesses Two damages expert witnesses Because of growing media influence on litigation, the second edition of Love v. Regency also contains internet exhibits including: -Websites for both businesses -Facebook pages of customers -Yelp-style reviews The author has created a teaching manual to help the professor with testimony and to highlight special impeachment problems. Students will have easy access to color copes of all exhibits and media files online through NITA's website.
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