The casebook addresses procedures unique to California practice that are not generally presented in the first-year course in civil procedure. The case selection reinforces the perspective of a practitioner choosing knowledgeably between state and federal court. Cases and notes address many state/federal differences in all areas of civil procedure, such as pleading, discovery, right to jury, alternative dispute resolution, res judicata, and appeals. For more information and additional teaching materials, visit the companion site.
Traces the historical development of the community property concept. Also introduces basic classification principles, including limitations on the classification process. The remaining chapters deal with the consequences flowing from the classification of property as community or separate, including management and control rights and responsibilities, creditors' rights, and distribution of property on the termination of the community. Further ramifications and problems are explored in the notes to the cases.
Author: Arthur Raphael Miller, John E. Sexton
Publisher: West Academic
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California has one of the most complex procedural systems in the nation. This Nutshell provides an overview of the many significant differences that impact the choice between state and federal courts in California. The authors succinctly analyze California procedure and expose different solutions to the practice problems found in a state containing parallel systems of state and federal procedure.
The case selection reinforces the perspective of a practitioner choosing knowledgably between state and federal court. The casebook addresses procedures unique to California practice that are not generally presented in the first-year course in civil procedure. Contains information on many state/federal differences in pleading, discovery, right to jury, alternative dispute resolution, res judicata, and appeals.
This advanced torts casebook covers all the major business and dignitary torts, including defamation, privacy invasions, disparagement, bad faith breach of contract, breach of fiduciary duty, conversion of economic values, interference with contract and economic opportunity, unfair competition, and others. It examines essential policy issues involving free speech, free competition, and the question whether contract trumps tort in commercial transactions. It also includes material on developing law, such as internet issues, SLAPP statutes and analogous free speech issues, and the Economic Loss Rule (or Rules).
A practical approach to Corporations featuring carefully edited cases, intriguing notes and questions, and exercises drawn from actual cases to create a practical and skills-driven approach to the study of the legal principles of business. Featuring: Each chapter includes all the landmark cases that students should be introduced to in a Corporations or Business Entities course Strong skills-driven exercises and questions (both litigation-based and transaction-based) the practical exercises give students a chance to simulate what lawyers do the exercises are drawn from actual disputes, particularly from material in the case's procedural history, publicly-available information about the dispute, and other information provided from the actual lawyers on the case Brief notes and questions after cases, including some with practice-orientation Diagrams, or Roadmaps are included to give students an illustrative snapshot of some of the toughest cases. This text obviates the need for law professors interested in skills training to rely on supplemental texts or creating their own materials Companion website that includes supplemental introductory cases (with notes and questions) to enable use of the casebook by MBA and undergraduate students
This annually revised eBook is designed to be used in conjunction with any Civil Procedure casebook. Contents include selected California court decisions, procedural statutes, and court rules, reproduced in their entirety. The selection is limited to those materials that demonstrate important differences between California and federal procedure. The handbook also contains textual materials that explain various topics, as well as numerous notes and questions designed to further analyze the reproduced cases and statutes. California Civil Procedure Handbook also contains the Federal Rules of Civil Procedure and selected Rules Advisory Committee Notes, the United States Constitution, and selected federal procedural statutes. The eBook version of this title features links to Lexis Advance for further legal research options.
Author: Cynthia Lee, Angela P. Harris
This text, the only criminal law casebook authored by two progressive female law professors of color, provides the reader with both critical race and critical feminist theory perspectives on criminal law while following a traditional format. All of the usual subject areas are covered, but the book is unique in highlighting the cultural context of substantive criminal law. The book seamlessly integrates issues of race, gender, class, and sexual orientation so the teacher who wishes to address such issues does not have to assign supplemental reading assignments in order to do so. The book is also very student-friendly, providing a brief doctrinal overview of the subject matter at the beginning of each chapter. The book does away with the tradition of long lists of notes and questions following the cases, a trademark feature of many older casebooks, putting this material in the Teachers Manual for the teacher to use at his or her discretion. The forthcoming third edition is fresh and innovative, referencing several ripped from the headlines controversies, including the shooting of Trayvon Martin by George Zimmerman and Florida's stand your ground law, the arrest of African American Harvard professor Henry Louis Gates, Jr. for disorderly conduct, the shooting of Larry King, a gender nonconforming teenager, by classmate Brandon McInerney and the gay panic defense, and the repeal of North Carolina's Racial Justice Act.
This book provides a comprehensive analysis of California civil procedure, convenient for class or exam preparation. It provides clear and concise explanations of topics not usually covered in the standard first-year course on civil procedure, highlighting where California's law diverges from federal practice. The book includes self-testing and diagnostic review questions and case illustrations, which are capsule summaries of significant cases identifying important facts, primary issues, and relevant law. It also provides numerous essay, true-false and multiple-choice questions with model answers and detailed explanations.
The lore of the sea draws people from land to the oceans for work and play, and the law of the sea draws litigants to courts for the trial of maritime cases. This book will be familiar to users of prior editions. The Fourth Edition calls upon law students to recall the ordinary law and procedure of federal and state courts, to learn exotic maritime law and procedure for events on salt and fresh waters, and in a broad range of maritime shipping contexts, to adjust conflicts of state laws and state courts with federal laws and courts, and conflicts of national law with international law. The 2002 Documents Supplement remains a useful supplement to the Fourth Edition.
Civil Procedure, a Modern Approach
Author: Richard Marcus, Martin Redish, Edward Sherman, James Pfander
Publisher: West Academic Publishing
Since it first appeared, this casebook has sought to capture the evolving challenges of civil procedure in a way that engages students and fosters critical judgment on the underlying policy issues. The authors have closely monitored the evolution of procedure over this time, and adapted the basic structure of the book to take account of those changes. That evolution remains central to the seventh edition. The new edition retains the basic structure of the book, and a great deal of the existing superstructure of principal cases. It adds substantially revised text and note material to present contemporary issues in the context of those cases or new principal cases. The discovery chapter, for example, is infused with coverage of the 2015 rule amendments that have received so much attention. The personal jurisdiction chapter integrates the many recent Supreme Court decisions into the existing framework, conveying the developments that have occurred since the last edition appeared in 2013. The new edition also offers new principal cases to examine and illustrate a number of issues. A new Rule 19 case on required parties presents the contemporary issues in a setting likely to be interesting to many students. A new Internet jurisdiction case involves online payday lending, an example of the fast-moving world of Internet-based commerce. A recent supplemental jurisdiction case enables students to work through the application of § 1367 in a setting that also involves appreciation of various joinder concepts. A new class-action case presents the challenges of consumer class actions. New Supreme Court and other principal cases address issues of subject matter jurisdiction and appellate jurisdiction. As reflects contemporary litigation, intellectual property cases are more prominent than in previous editions.
Author: Miguel A. Mendez
This is the only rules pamphlet that concisely and systematically compares the similarities and differences between the Federal Rules of Evidence and California Evidence Code. Each chapter corresponds to an article of the FRE. Each section contains the applicable Rules and corresponding Evidence Code Sections, as well as a concise commentary comparing the two. This edition includes the restyled FRE and the Evidence Code, including their respective Notes and Comments, as well as the deleted Rules and a table indicating where the Rules and Evidence Code Sections are cited in the commentary.
This text organizes cases over four periods: a 25-year period from 1890 to 1914, in which most of today's issues were foreshadowed; a 25-year period from 1915 to 1939, in which the 'rule of reason' forced courts to investigate the actual consequences of business practices; a 35-year period from 1940 to 1975, in which the per se rule and industry concentration provided the predominant models for analysis; and the modern period of now almost 40 years, which is a synthesis of the second and third periods. The new Fifth Edition retains enough of the first three periods to provide important intellectual and economic context, but it expands upon, even more fully, the recent developments of antitrust policy. All major Supreme Court authority is covered, including the 2013 Actavis 'reverse payments' and Phoebe Putney 'hospital regulation' cases, as well as the 2010 Merger Guidelines and developments in lower court treatment of tying, bundled pricing and mergers.