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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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