Search Constraints
Number of results to display per page
Results for:
Search Results
-
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
-
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
-
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
-
e-book
These are the Federal Rules of Evidence (FRE) as effective December 01, 2016. The FRE govern the introduction of evidence in civil and criminal trials in United States federal courts. These Rules are often the foundation for the standard upper level law school course in Evidence.
- Keywords:
- Court rules Evidence (Law) Textbooks United States
- Resource Type:
- e-book
-
e-book
These rules govern the conduct of all criminal proceedings brought in Federal courts. Our Federal Rules ebooks include: The complete rules as of December 1, 2012 (for the 2013 edition). All notes of the Advisory Committee following each rule. Internal links to rules referenced within the rules. External links to the LII website's version of the US Code.
- Keywords:
- United States Criminal procedure Textbooks Court rules
- Resource Type:
- e-book
-
e-book
These are the Federal Rules of Civil Procedure (FRCP) as amended to December 01, 2016. The FRCP govern civil proceedings in the United States district courts and are often the foundation for the standard 1L law school course, Civil Procedure.
- Keywords:
- Civil procedure Court rules Textbooks United States
- Resource Type:
- e-book
-
e-book
Mayer, Warner, Siedel and Lieberman's Government Regulation and the Legal Environment of Business is an up-to-date textbook that covers legal issues that students must understand in today's highly regulated business environment. The text is organized to permit instructors to tailor the materials to their particular approach. The authors take special care to engage students by relating law to everyday events with their clear, concise and readable style. After introductory chapters covering the legal environment of business, Government Regulation and the Legal Environment of Business provides students with context and essential legal concepts relating to contracts, consumer credit transactions, bankruptcy, intellectual property, securities regulation, regulation of real estate, antitrust, unfair trade practices, employment law and labor relations. The text provides the vocabulary and legal savvy they will need to talk in an educated way to customers, suppliers, employees, creditors, shareholders, government regulators and other stakeholders — and to their own lawyers.
- Subjects:
- Law and Legislation
- Keywords:
- Business United States Law Textbooks
- Resource Type:
- e-book
-
e-book
This is Volume 3 in a three volume series written for Contracts Law. Its former title is "Collaborative Teaching Materials for Contracts." The first semester of law school is mostly about learning to speak a new legal language (but emphatically not “legalese”), to formulate and evaluate legal arguments, to become comfortable with the distinctive style of legal analysis. We could teach these skills using almost any legal topic. But we begin the first-year curriculum with subjects that pervade the entire field of law. Contract principles have a long history and they form a significant part of the way that lawyers think about many legal problems. As you will discover when you study insurance law, employment law, family law, and dozens of other practice areas, your knowledge of contract doctrine and theory will be invaluable.
- Subjects:
- Law and Legislation
- Keywords:
- Contracts United States Law Textbooks
- Resource Type:
- e-book
-
e-book
The United States Securities Code and Regulations appear in Title 15 of the United States Code and Title 17 of the Code of Federal Regulations. This publication was made with data provided by the United States government on the Office of Law Revision Counsel as well as the eCFR.
- Subjects:
- Law and Legislation
- Keywords:
- Securities United States Textbooks
- Resource Type:
- e-book
-
e-book
This is the third edition of Bankruptcy Law and Practice, a Casebook Designed to Train Lawyers for the Practice of Bankruptcy Law. It is designed for a one-semester course in debtor/creditor law and bankruptcy. The book deals with both creditor remedies and debtor protections, starting with state law collection remedies, exemptions, and the important special protections for secured creditors under both Article 9 of the Uniform Commercial Code and state real property recording acts. After a thorough review of state law debt collection practice, the book covers the basics of straight bankruptcy law with a focus on Chapter 7 of the Bankruptcy Code, both for individuals and businesses. Although the book has a practice focus, it covers the major Supreme Court cases, and important appellate cases with an emphasis on areas of uncertainty. The book also emphasizes the Bankruptcy Code itself, using problem sets to get students to work through the language of the Bankruptcy Code. At the end of the book are two abbreviated chapters on bankruptcy reorganizations for consumers under Chapter 13 and for businesses under Chapter 11. These chapters are intended to outline the reasons that debtors choose to file for reorganization rather than liquidation, and focuses on the rules for confirming a plan. The primary goal of the book is to prepare students for the practice of bankruptcy law. Students who understand these materials should be well prepared to anticipate and address the kinds of issues that arise in real bankruptcy cases, whether in a small dollar consumer practice or a big dollar corporate reorganization. Students will learn the language of commercial law and bankruptcy, along with the skills to find their way around the Bankruptcy Code.
- Subjects:
- Law and Legislation
- Keywords:
- Bankruptcy United States Textbooks
- Resource Type:
- e-book
-
e-book
At its most basic definition the practice of law comprises conducting research to find relevant rules of law and then applying those rules to the specific set of circumstances faced by a client. However, in American law, the legal rules to be applied derive from myriad sources, complicating the process and making legal research different from other sorts of research. This text introduces first-year law students to the new kind of research required to study and to practice law. It seeks to demystify the art of legal research by following a “Source and Process” approach. First, the text introduces students to the major sources of American law and describes the forms the various authorities traditionally took in print. After establishing this base, the text proceeds to instruct students on the methods they will most likely use in practice, namely electronic research techniques and the consultation of secondary sources. Sources of Law incorporates screencasts currently hosted on YouTube that actively demonstrate the processes described in the static text. Finally, the text illustrates how the different pieces come together in the legal research process. Sources of Law focuses on realistic goals for 1Ls to learn in a relatively small amount of instruction time, and so focuses mainly on the basics. It does introduce some advanced material so that 1Ls can recognize pieces of information they may encounter in research, but it does not fully cover researching materials outside the scope of the traditional 1L course. As such, it is best-suited for introductory legal research courses for 1Ls.
- Keywords:
- United States Legal research Textbooks
- Resource Type:
- e-book
-
e-book
The purpose of this casebook is to train law students to think and act like probate attorneys. This book is meant to be used in conjunction with the author's book on the law of trusts. This book's focus is problem-solving and legal application; the book includes numerous problems, so law students can learn to apply the law they learn from reading the cases. It also contains collaborative learning exercises to encourage students to engage in group problem-solving. The book is divided into three parts to reflect the main types of issues that students will encounter if they practice probate law. The book's organization mirrors the manner in which probate law is practiced in the real world. The book starts with an examination of the intestacy system because the majority of people die without executing a will. Therefore, most of the legal issues a probate lawyer faces center around the intestacy system. Unlike the typical wills casebook, this book provides a detailed discussion of the intestacy system. A chapter on ethics is included because probate attorneys encounter ethical issues that are different from attorneys practicing in other areas of law. The second part of the book includes an exploration of the testacy system. It is arranged so professors can lead students from the client interview to the will execution. The first three chapters of this section deal with issues that directly impact the existence of the inheritance system. It analyzes a person's ability to control the disposition of his or her property after death. This serves as the students' first introduction to the power of the “dead hand”. These chapters are included to start a public policy discussion about the rights of the dead, the right of heirs, and the necessity of an inheritance system. I tell my students that, when executing a will, they must think of the ways that it can be contested. In addition, I tell them that a will can be contested on two fronts-an attack on the testator and an attack on the will. Two chapters in this part highlight the ways that the testator's ability to execute a valid will may questioned. The final chapters in this unit show the issues that can be raised to dispute the validity of the will. They also explain the different types of wills that are available. The final part of the book deals with non-probate transfers. These chapters are included to show students the other devises that people can use to distribute their property. That knowledge is important because the majority of people use these procedures to transfer their property. At the end of the semester, my students have to draft a will based upon a fact pattern that I give them. I intentionally include non-probate property in order to see if they will attempt to distribute that using the will.
-
e-book
This book is the 6th edition of a basic income tax text. This edition incorporates the Tax Cuts and Jobs Act of 2017. It is intended to be a readable text, suitable for a three-hour course for a class comprised of law students with widely different backgrounds. The text integrates several of the CALI drills that Professor James Edward Maule (Villanova University) prepared.
- Subjects:
- Law and Legislation
- Keywords:
- Income tax -- Law legislation Textbooks
- Resource Type:
- e-book
-
e-book
Sales and Leases is a coursebook for a 3-credit course in personal property sales and leases – the subject matter of UCC Articles 2 and 2A. Adjustments could be made for other credit allocations and chapters can be used on a stand-alone basis. The course is designed so that students both review the rules and principles they studied in their first-year course in Contracts and learn the rules that apply to the subset of contracts for the sale and lease of goods. Students taking this course should be well-prepared to solve legal problems in contracts and sales, and should be well-prepared for those parts of the bar exam as well. While the course in Contracts focuses on the rules of common-law contracts, the focus of this course is the rules found in legislation. Therefore, instead of emphasizing case analysis, the book contains a good deal of narrative that assists students in working through the complexity of the statutes. Students will need to supplement the book with a complete copy of the UCC that includes the Official Comments. Discussion of other statutes, such as UETA and Magnuson-Moss, is incorporated where appropriate. The approach is problem-based, which we believe is more appropriate for an upper-division course based primarily on statutes. The narrative is interspersed with problems for class discussion that require students to apply the principles and rules to particular fact situations. Many times there is an issue of interpretation or policy in the Code, however, and therefore each chapter also contains at least one case that explores an issue arising under the statute. Please note that the publisher requires you to login to access and download the textbooks.
- Subjects:
- Law and Legislation
- Keywords:
- Sales Leases United States Textbooks
- Resource Type:
- e-book
-
e-book
This book, revised as the Second Edition June 2017, is designed to teach contract doctrine beginning with the most fundamental concepts and building on these until the structure of contract doctrine as coherent and cohesive regulation appears. The order of presentation is, in fact, the order in which contract doctrine developed historically, but it is also, in general, the order in which arguments are introduced in litigation. The book begins with the most basic, core concept of contract law—exchange. The book teaches exchange using simple cases drawn from the actual development of the exchange concept's most obvious manifestation—the doctrine of consideration. These cases have basic but engaging facts. They do not take long to read, but they must be read carefully. They make an excellent introduction to law study. Logically, every doctrine of contract formation is centered on whether and when a fair exchange occurred. In litigation, the plaintiff alleges a promise and consideration—an exchange (a plausible one, and therefore fair enough at that point). Defenses to formation are a response to the allegation that a fair exchange occurred. Allegations of both promise and consideration show that the defendant assented. As between assent and exchange, exchange is the more fundamental concept, but because the law talks so often about assent, assent is covered at length afterward so that the function of the assent doctrines is apparent. Other doctrines, such as remedies (just an introduction in this first volume), waiver, seals, the Statute of Frauds, definiteness, and general public policy limitations are placed where students can best grasp their import in the context of the other doctrines. Along the way, most of the doctrines in the book are repeated in the cases, questions, or in class discussion. This repetition cements understanding, builds trust, and also allows students to see how the doctrines mesh together to regulate coherently.
- Subjects:
- Law and Legislation
- Keywords:
- Contracts Textbooks
- Resource Type:
- e-book
-
e-book
This textbook is not intended to be an exhaustive treatise; rather, it is intended to be far more useful than that for beginning tax law students by equipping the novice not merely with unmoored detail but rather with a rich blueprint that illuminates the deeper structural framework on which that detail hangs (sometimes crookedly). Chapter 1 outlines the conceptual meaning of the term “income” for uniquely tax purposes (as opposed to financial accounting or trust law purposes, for example) and examines the Internal Revenue Code provisions that translate this larger conceptual construct into positive law. Chapter 2 explores various forms of consumption taxation because the modern Internal Revenue Code is best perceived as a hybrid income-consumption tax that also contains many provisions—for wise or unwise nontax policy reasons—that are inconsistent with both forms of taxation. Chapter 3 then provides students with the story of how we got to where we are today, important context about the distribution of the tax burden, the budget, and economic trends, as well as material on ethical debates, economic theories, and politics as they affect taxation. Armed with this larger blueprint, students are then in a much better position to see how the myriad pieces that follow throughout the remaining 19 chapters fit into this bigger picture, whether comfortably or uncomfortably. For example, they are in a better position to appreciate how applying the income tax rules for debt to a debt-financed investment afforded more favorable consumption tax treatment creates tax arbitrage problems. Congress and the courts then must combat these tax shelter opportunities (sometimes ineffectively) with both statutory and common law weapons. Stated another way, students are in a better position to appreciate how the tax system can sometimes be used to generate (or combat) unfair and economically inefficient rent-seeking behavior.
- Subjects:
- Law and Legislation
- Keywords:
- Income tax -- Law legislation United States Textbooks
- Resource Type:
- e-book
-
e-book
This Casebook (Second Edition, December 2019) is intended to be used in an upper-division course covering the First Amendment to the United States Constitution. Its 14 chapters are substantially the same length, with the exception of Chapter One, the introduction, and Chapters Eleven and Twelve which in combination are the usual length. It is intended for 13 or 14 week semester that meets once or twice per week. Each Chapter contains a “Chapter Outline” at the beginning for ease of reference. The Casebook is organized with the Speech Clauses as Part One and the Religion Clauses as Part Two. Unlike many other courses, there is no accepted organizational scheme within these broad areas. As the Introduction notes, First Amendment doctrine, especially within freedom of speech, presents a varied and haphazard landscape. The Casebook follows a scheme that has proven effective in Professor Robson’s years of teaching the course to hundreds of students. The selection of cases tends toward the most recent and these tend to be less heavily edited. These recent cases often contain extended discussions of earlier cases that are not included in the Casebook.
-
e-book
This is Volume 1 of a two volume set written for Property Law. From the Preface: Property, as a vaguely defined collection of contract, tort, and criminal cases, does not take on the natural structure of a substantive area of the law through the systematic study of duty, breach, causation, defenses, and damages. Instead this textbook and most Property courses survey various topics in law with two goals in mind. First, we will study a number of traditional property topics, those where the issue of "ownership" and what that entails have long been thought to be a central issue. Second, but most importantly, our interdisciplinary study will introduce some of the major analytical techniques in law, from reasoning using precedent to law and economics to distributive justice. As we roam among topics, our goal is always, relentlessly to ask, "Why?" "Why should the law protect this party's interest?" These major techniques that we will pick up along the way will help us provide better and better answers to this question.
- Subjects:
- Law and Legislation
- Keywords:
- Property -- Interpretation construction Property United States Textbooks
- Resource Type:
- e-book
-
e-book
This is Volume 2 of a two volume set written for Property Law. From the Preface to Volume 1: Property, as a vaguely defined collection of contract, tort, and criminal cases, does not take on the natural structure of a substantive area of the law through the systematic study of duty, breach, causation, defenses, and damages. Instead this textbook and most Property courses survey various topics in law with two goals in mind. First, we will study a number of traditional property topics, those where the issue of "ownership" and what that entails have long been thought to be a central issue. Second, but most importantly, our interdisciplinary study will introduce some of the major analytical techniques in law, from reasoning using precedent to law and economics to distributive justice. As we roam among topics, our goal is always, relentlessly to ask, "Why?" "Why should the law protect this party's interest?" These major techniques that we will pick up along the way will help us provide better and better answers to this question.
- Subjects:
- Law and Legislation
- Keywords:
- Property -- Interpretation construction Property United States Textbooks
- Resource Type:
- e-book
-
e-book
The use of testamentary trusts is becoming an important part of estate planning. As a result, students who want to make a living as probate attorneys will need to know how trusts fit into estate planning. In addition, bar examiners realize that it is important for students to have a basic knowledge of trust law. That realization will result in bar examination questions that test that knowledge. This book is designed for use as a supplementary text for a course on wills and trusts and the primary text in a seminar or course exploring the law of trusts.
- Subjects:
- Law and Legislation
- Keywords:
- Trusts trustees Textbooks
- Resource Type:
- e-book
- « Previous
- Next »
- 1
- 2
- 3