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e-book
The Federal Rules of Bankruptcy Procedure appear in the Appendix to Title 11 of the United State Code. This publication was made with data provided by the United States government on the Office of Law Revision Counsel Bulk US Code. This title is current through July 31, 2014.
- Subjects:
- Law and Legislation
- Keywords:
- Bankruptcy United States Textbooks Court rules
- Resource Type:
- e-book
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e-book
This chapter covers the Civil Procedure topic of Pleading: The Plaintiff‘s Complaint. The chapter takes approximately four class periods to cover in detail. The student is exposed to cases, presented with questions that are designed to both guide class discussion and to help the student focus his reading of the materials, pleadings from cases, and the applicable Federal Rules of Civil Procedure. Faculty materials available: This eLangdell chapter includes a teacher's manual. Faculty and staff at CALI member schools can access these faculty-only materials by logging in to eLangdell with their normal cali.org username and password. Contact CALI if you have questions. This chapter covers the Civil Procedure topic of Pleading: The Plaintiff's Complaint. The chapter takes approximately four class periods to cover in detail. The student is exposed to cases, presented with questions that are designed to both guide class discussion and to help the student focus his reading of the materials, pleadings from cases, and the applicable Federal Rules of Civil Procedure. There are two accompanying files available only to faculty who are registered at cali.org (registration is free for faculty at CALI member schools): a Teaching Manual and a Supplemental Material document. The Supplemental Material should be distributed to students at the appropriate point in the unit. Please see the Teaching Manual for details.
- Keywords:
- Civil procedure Pleading Textbooks
- Resource Type:
- e-book
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e-book
The sixth edition, first published as an ebook, and this seventh edition carry forward the philosophy and structure of the earlier editions. This book is not a comprehensive treatise on the subject of civil procedure, yet it provides a mixture of expository text, cases, and self-testing questions in nearly all of the major areas of the subject. In order to maximize accessibility, flexibility, and compatibility of the book, the authors have chosen CALI's eLangdell Press to publish and distribute the sixth edition (as chapters) and this revised seventh (as a complete book) electronically with a Creative Commons license. Publishing a law textbook electronically with far fewer restrictions than most commercial books and using a somewhat new, boutique outfit such as eLangdell Press is an unconventional choice, to say the least. But the authors share the eLangdell vision of more flexible teaching materials for professors and more cost-effective books for students. Professors may now edit and remix this work to match their teaching without worry of copyright infringement. Students may now adopt this book, read it using any number of software or devices, and even print it - all for free. The book's authors, like its publishers, believe that this new book model represents an important and long overdue step forward in the way law school books are published. All the exercises have been substantially revised for this edition. The individual exercises also are reorganized and expanded so that they follow a more standardized pattern: expository text on the topic area, work-book questions, and introduction to the related online CALI lessons. This book, and the accompanying interactive exercises known as CALI Lessons available online through the Center for Computer-Assisted Legal Instruction (CALI) at www.cali.org, are intended to provide a challenging educational experience. For each exercise, students should read the text in this book and answer the questions before accessing the rest of the exercise online. Professors choosing to assign only some of the exercises - or students looking for additional work only in certain areas of the subject - may especially want to consider these exercises and lessons: Exercise Two: Jurisdiction (Jurisdiction & Venue and Jurisdiction Over the Person); Exercise Three: Pleading a Complaint; Exercise Five: Motions to Dismiss and Waiver under Federal Rule 12; Exercise Six: Joinder and Supplemental Jurisdiction (An Exercise in Civil Procedure, Review of Joinder Concepts, Joinder of Claims and Parties, and An Interpleader Primer); Exercise Eight: Summary Judgment; and Exercise Eleven: Preclusion. Additionally, Exercise One: Holding and Dicta in the Context of a Diversity Case is an excellent introduction to legal method. The first two editions of this book, by Roger Park, included Exercise One: Holding and Dicta in the Context of a Diversity Case, Exercise Two: Jurisdiction, Exercise Three: Pleading a Complaint, Exercise Four: Demurrers and Judgments on the Pleadings, Exercise Five: Motions to Dismiss and Waiver Under Rule 12, Exercise Nine: Judgment as a Matter of Law, and Exercise Ten: Evidence for Civil Procedure Students. For the last five editions of this book, Douglas McFarland has edited the above exercises and added Exercise Six: Joinder and Supplemental Jurisdiction, Exercise Seven: Discovery, Exercise Eight: Summary Judgment, and Exercise Eleven: Preclusion. Accordingly, the book has become more comprehensive, expanding from seven to eleven exercises. Of course, each new edition incorporates changes and updates in procedural law. All of the information necessary to prepare for an interactive exercise is contained in this book. Reference to additional materials may be useful, but is not necessary. Each exercise can be assigned separately. No exercise is a prerequisite for another. In fact, students will find the expository material and work-book questions in each exercise independently valuable even without completing the CALI lesson for that chapter. The CALI lessons are valuable either to provide additional understanding and self-testing of subjects discussed in class or as primary substitutes for areas not covered in depth in class. In general, the interactive, online exercises follow a non-linear branching format. They seek to present challenges and questions instead of rote learning or leading students through an error-free educational experience. Although the exercises eventually evaluate student answers, they sometimes eschew immediate feedback in favor of the development of a line of questions. The ideal is the creation of a classroom-like Socratic dialogue. For a description of general goals and educational theory of the exercises, see Roger C. Park & Russell Burris, Computer-Aided Legal Instruction in Law: Theories, Techniques, and Trepidations, 1978 Am. B. Found. Res. J. 1. This book and accompanying exercises cannot reproduce the spontaneity and flexibility of the live classroom, but they can be a useful supplement. They require an active learning process in which students respond to questions dozens of times during each hour of instruction, and receive prompt evaluation of their answers. Another benefit of computer-aided instruction—and the phrase “computer-aided” is used loosely here and in the title of this book; the exercises are compatible with many non-computer devices such as tablets and smartphones—is its “individualized” nature. Law professors and students should not take this literally, however. Surveys administered at several law schools indicate that an overwhelming majority of students believe that the exercises are more valuable when done in pairs or threes instead of alone. Students who do the exercises with a partner are more likely to consider their responses carefully and to enjoy the experience. They also have lively discussions about what their response should be and why the computer responded as it did. As with previous editions, we continue to welcome and solicit comments from professors and students about the book and the accompanying exercises.
- Keywords:
- Civil procedure Textbooks
- Resource Type:
- e-book
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e-book
The Rape Shield Rule, contained in Federal Rule of Evidence 412 and state counterparts is a Rule preventing the admission of evidence concerning the sexual predisposition and behavior of an alleged victim of sexual misconduct, subject to certain exceptions. Through a series of cases and hypotheticals drawn from actual cases, this chapter gives readers a roadmap for how to address any Rape Shield Rule issue in practice. Faculty materials also available: In addition to the free, open learning materials for students listed above, this eLangdell chapter includes a teacher's manual. Faculty and staff at CALI member schools can access these materials by logging in to eLangdell with a cali.org username and password. Contact CALI if you have questions.
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e-book
The anti-jury impeachment rule, contained in Federal Rule of Evidence 606(b) and state counterparts, is a rule preventing the admission of jury testimony or statements in connection with an inquiry into the validity of the verdict, subject to certain exceptions. Through a series of cases and hypotheticals drawn from actual cases, this chapter gives readers a roadmap for how to address any jury impeachment issue in practice. Faculty materials also available: In addition to the free, open learning materials for students listed above, this eLangdell chapter includes a teacher's manual. Faculty and staff at CALI member schools can access these materials by logging in to eLangdell with a cali.org username and password. Contact CALI if you have questions.
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e-book
The Best Evidence Rule, contained in Article X of the Federal Rules of Evidence (Rules 1001-1008) and state counterparts, is a Rule that requires a party seeking to prove the contents of a writing, recording, or photograph to produce the original (or a duplicate) or account for its nonproduction. Through a series of cases and hypotheticals drawn from actual cases, this chapter gives readers a roadmap for how to address any Best Evidence Rule issue in practice. Faculty materials also available: In addition to the free, open learning materials for students listed above, this eLangdell chapter includes a teacher's manual. Faculty and staff at CALI member schools can access these materials by logging in to eLangdell with a cali.org username and password. Contact CALI.
- Keywords:
- Evidence (Law) -- Study teaching Court rules Textbooks Federal Rules of Evidence (United States)
- Resource Type:
- e-book
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e-book
This text explores the laws governing the use of land. Sometimes narrowly focused, often intensely local, land use regulation may give the impression of a highly specialized field with small stakes. The text is divided into three parts: First, we will survey the ordinary, local administrative scheme of land use regulation. The cases in this section are intended to establish what that system is and what it's standards are. In the second part of the course, we will turn our attention to cases illustrating litigation attacks on the ordinary administrative scheme. The purpose here is not, as it was in the first part, to understand better the standards the administrators should apply, but to understand the constraints imposed on the contents of local laws, the procedures of enactment and permitting, and the composition of local lawmaking bodies. In the third part, we focus on the distributive concerns raised by land use regulation. The regulatory takings doctrine has gone from, literally, nothing, to wrestling to disentangle distributive concerns from substantive ones, to trying to craft either rules or standards to identify regulations that go “too far” and should be considered “takings” within the meaning of the Fifth Amendment. We will consider what the doctrine's purposes are, how it should be governed, and how it should be invoked as a procedural matter.
- Subjects:
- Law and Legislation and Building and Real Estate
- Keywords:
- United States Textbooks L use -- Law legislation
- Resource Type:
- e-book
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e-book
The Federal Rules of Appellate Procedure appear in the Appendix to Title 28 of the United State Code. This publication was made with data provided by the United States government on the Office of Law Revision Counsel Bulk US Code. This title is current through July 31, 2014. All updates to this material will appear at the above URL.
- Keywords:
- Court rules Appellate procedure -- United States Textbooks
- Resource Type:
- e-book
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e-book
This is not a comprehensive citation reference work. Its limited aim is to serve as a tutorial onhow to cite the most widely referenced types of U.S. legal material, taking account of localnorms and the changes in citation practice forced by the shift from print to electronic sources.It begins with an introductory unit. That is followed immediately by one on "how to cite" thecategories of authority that comprise a majority of the citations in briefs and legalmemoranda. Using the full table of contents one can proceed through this material insequence. The third unit, organized around illustrative examples, is intended to be used eitherfor review and reinforcement of the prior "how to" sections or as an alternative approach tothem. One can start with it since the illustrative examples for each document type are linkedback to the relevant "how to" principles. The sections on abbreviations and omissions, on typeface (italics and underlining), and onhow citations fit into the larger project of legal writing that follow all support the precedingunits. They are accessible independently and also, where appriopriate, via links from theearlier sections. Finally, there are a series of cross reference tables tying this introduction tothe two major legal citation reference works and to state-specific citation rules and practices. The work is also designed to be used by those confronting a specific citation issue. For suchpurposes the table of contents provides one path to the relevant material. Another, to whichthe bar at the top of each major section provides ready access, is a topical index. This index isalphabetically arrayed and more detailed than the table of contents. Finally, the searchfunction in your e-book reader software should allow an even narrower inquiry, such as oneseeking the abbreviation for a specific word (e.g.,institute) or illustrative citations for aparticular state, Ohio, say. If the device on which you are reading this e-book allows it, the pdf format will enable you toprint or to copy and paste portions, large or small, into other documents. However, since thev work is filled with linked cross references and both the table of contents and index rely onthem, most will find a print copy far less useful than the electronic original.
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e-book
Criminal Law uses a two-step process to augment learning, called the applied approach. First, after building a strong foundation from scratch, Criminal Law introduces you to crimes and defenses that have been broken down into separate components. It is so much easier to memorize and comprehend the subject matter when it is simplified this way. However, becoming proficient in the law takes more than just memorization. You must be trained to take the laws you have studied and apply them to various fact patterns. Most students are expected to do this automatically, but application must be seen, experienced, and practiced before it comes naturally. Thus the second step of the applied approach is reviewing examples of the application of law to facts after dissecting and analyzing each legal concept. Some of the examples come from cases, and some are purely fictional. All the examples are memorable, even quirky, so they will stick in your mind and be available when you need them the most (like during an exam). After a few chapters, you will notice that you no longer obsess over an explanation that doesn't completely make sense the first time you read it—you will just skip to the example. The examples clarify the principles for you, lightening the workload significantly.
- Keywords:
- Criminal law United States Textbooks
- Resource Type:
- e-book