Civil Litigation

Process and Procedures


Author: Thomas Goldman,Alice Hart Hughes

Publisher: N.A

ISBN: 9780134831046

Category: Civil procedure

Page: 576

View: 9751

For courses in civil litigation. Multimedia introduction to civil litigation, from pre- to posttrial Civil Litigation: Process and Procedures teaches students the skills they need to pursue careers in civil litigation, from the details of the litigation process, to the work of paralegals, to pretrial preparation and posttrial procedures. Throughout the text, the authors integrate video simulations and hands-on activities, some of which lead students to create documents they can include in a professional portfolio. In addition to updated laws and procedures, the 4th edition includes a new Virtual Law Office Experience to help students prepare for the workplace.

Civil Litigation in Comparative Context


Author: Oscar G. Chase,Helen Hershkoff

Publisher: West Academic

ISBN: 9780314155962

Category: Law

Page: 607

View: 9163

This collection of edited readings introduces the varieties of litigation systems in use in different modern states. It opens with a treatment of the principal differences among the major civil litigation systems. Subsequent chapters cover the organization of courts and the legal profession, the role of the attorney and the judge, the processes of learning and proving facts, short cuts to judgment and provisional remedies, the appellate process, enforcement of judgments, and the prospects for convergence and harmonization. The book can be used as (i) an adjunct to an introductory civil procedure course; (ii) the text for an upper-class seminar in comparative procedure; and (iii) as a supplement to the existing general comparative law casebooks.

New York Civil Practice Law and Rules


Author: LexisNexis Editorial Staff,Lexisnexis

Publisher: LexisNexis

ISBN: 9780769846354


Page: N.A

View: 2347

New York CPLR (Redbook) contains the full text of the Civil Practice Law and Rules with amendment notes, the New York CPLR Timetable, which keeps attorneys on top of court-imposed deadlines for submissions during case preparation and presentations and statutes of limitations, in chronological order; a CPLR Table of Amendments for the current and previous year with explanatory notes, a number of useful sections of a several other statutory compilations and the Supreme and County Court Rules, which govern New York civil litigation.. Inside you'll also find: * Updated New York Court Directory * Selected practice provisions, including: * Constitution of the State of New York * Business Corporation law (BCL) * Court of Claims Act (CCA) * Criminal Procedure Law (CPL) * Debtor and Creditor Law (DCL) * Domestic Relations Law (DRL) * Education law * Estates, Powers and Trusts Law (EPTL) * General Associations Law * General Construction Law * General Municipal Law * General Obligations Law * Insurance Law * Judiciary Law * Lien Law * New York City Civil Court Act * Professional Rules * Public Health Law * Public Officers Law * Real Property Law * Surrogate's Court Procedure Act (SCPA) * Uniform Commercial Code (UCC) * Vehicle and Traffic Law * Topical Index

New York Civil Practice Before Trial


Author: Michael H. Barr,Burton N. Lipshie,Sharon Stern Gerstman

Publisher: LexisNexis

ISBN: 0938065777

Category: Law

Page: N.A

View: 4343

New York Civil Practice Before Trial is a procedure guide that delivers quick and reliable answers with its unique outline format, tight writing, superb scholarship, and extensive citations. Its practice-tested forms and pattern paragraphs speed drafting. You will find detailed coverage of: • Jurisdiction • Venue • Privileges • Standing and joinder • Production of documents • Pleadings • Physical and mental exams • Summons and service • Interrogatories • Motion practice • Depositions • Summary judgment • Notices to admit • TROs and injunctions • Settlement and ADR • Defaults. • Special proceedings. The book is supported by 3,500 citations, over 130 forms, advice from the bench, recent case-based illustrations, practice-proven strategies, and step-by-step procedures. Coverage runs from taking the case up to trial, and will help you increase efficiency, improve your advocacy, craft better documents, resolve peripherial disputes, answer ethical questions, and avoid and fix mistakes. It delivers a new level of practicality, quality, thoughtfulness, ease of use, and affordability.

The New York Paralegal


Author: William P. Statsky,Robert A. Sarachan

Publisher: Cengage Learning

ISBN: 1133168310

Category: Law

Page: 528

View: 2083

Never before has teaching the critical state-specific material that your paralegal students need to know been easier or more organized! A truly innovative resource, The New York Paralegal contains the information, documents, and resources essential to paralegal students who will be working in New York State, thus eliminating the need for instructors to gather this material piecemeal. Instead, this book does it all for you by compiling all of this information into a single, handy resource. Coverage includes an overview of the paralegal profession, ethics, the legal system, research, and even a comprehensive legal dictionary - all as they pertain to New York State laws and statutes. With all of this vital content provided in such a user-friendly format, students will find this an invaluable reference throughout their academic and professional careers. And instructors will find that they can spend less time preparing to teach and more time teaching. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Civil Procedure in a Nutshell


Author: Mary Kay Kane

Publisher: West Academic


Category: Law

Page: 309

View: 1432

Rules of civil procedure govern everything that happens outside of criminal proceedings. This Nutshell provides a road map to navigating civil procedure rules and helps build a foundation for understanding the overall picture. Topics discussed include how to choose the proper court, pretrial and trial preparation, adjudication, judgments, appeals, and specialized multi-party/multi-claim proceedings.

California Civil Litigation


Author: Susan Burnett Luten

Publisher: Cengage Learning

ISBN: 1111806896

Category: Law

Page: 448

View: 2402

California Civil Litigation, fifth edition, is designed to provide paralegal students and practicing paralegals with information, skills, and experience. It follows the litigation process chronologically from initial client questions and contracts, to ethical issues, through the pleading and discovery phases, to trial, post-trial and appeal. Each phase of litigation is explored through official forms and drafted documents and each chapter includes highlighted glossary words and definitions to enable the reader to learn the technical language of litigation. In addition to the usual probing discussion questions, each chapter includes online projects requiring the reader to locate and analyze relevant Internet material. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

New York Commercial Litigation Guide


Author: Kyle C. Bisceglie,Herbert C. Ross,Thomas J. Fleming

Publisher: LexisNexis

ISBN: 1579114881

Category: Law

Page: 978

View: 1125

New York Commercial Litigation Guide provides in one place an overview of the causes of action commonly employed in commercial disputes, the elements of these common types of commercial causes of action under New York state law and the corresponding defenses. New York Commercial Litigation Guide is designed to help the practitioner to quickly and efficiently see "big picture" case theory, identify relevant commercial causes of action under New York law, save countless research hours and avoid common pitfalls. This practical, task-oriented guide to the various topics in commercial litigation clearly explains how to analyze, resolve, and/or litigate the issues that can arise at every stage of a commercial dispute, from the basic corporate structures to complex questions of law, evidentiary matters, procedure and strategy. New York Commercial Litigation Guide provides easily accessed, proven, authoritative to-the-point practice guidance, enhanced by the following features: • Over 60 task-oriented checklists • Over 150 strategic points, warnings, and timing tips to prevent practice missteps • Targeted cross-references to specific state and federal legislation and sources detailing the features of topics such as corporate governance, business torts, and lender liability. Distilling years of experience from distinguished New York commercial law practitioners, New York Commercial Litigation Guide is a reliable roadmap through the complex and multi-faceted practice area of commercial litigation.

Civil Practice Law and Rules of the State of New York

Plus Comprehensive Appendix of Related Statute


Author: Looseleaf Law Publications Inc

Publisher: Looseleaf Law Publications Corporation

ISBN: 9780930137120

Category: Law

Page: 688

View: 2938

The CPLR governs civil judicial proceedings in all courts of the state and before all judges. The appendix contains extracts of the N.Y.S. Constitution, Judiciary Law and the entire N.Y.C. Civil Court Act. Includes examples of related official forms. Revised - now includes NYCRR-PARTS 130 and 202.

The Pro Se Litigant's Civil Litigation Handbook

How to Represent Yourself in a Civil Lawsuit


Author: Kenn Goldblatt

Publisher: AuthorHouse

ISBN: 1504984552

Category: Law

Page: 508

View: 3972

Caught up in a civil lawsuit? This book explains each step of the civil litigation process from pre-litigation investigation through trial on the merits to give you the best chance of prevailing in your efforts whether you are a plaintiff or a defendant. Its detailed explanations of the various requirements of the litigation process are supported with detailed checklists that insure you leave nothing to chance as you work through the process and help you avoid the costly mistakes pro se litigants commonly make as they fight their lawsuits. Whether you are a plaintiff or defendant and whether you decide to employ a lawyer or represent yourself, this book gives you the information you need to make sure that you have the best chance of prevailing as you proceed.

Civil Litigation in Connecticut

Anatomy of a Lawsuit


Author: Kimberly A. Peterson,P. L. Ed. Peterson,J. Michael Peterson

Publisher: Prentice Hall

ISBN: 9780137578405

Category: Law

Page: 375

View: 3576

For courses in Civil Litigation in Connecticut or The Judicial System. * Designed to be used in conjunction with the Connecticut Practice Book and the Connecticut General Statutes, this exceptionally practical, how-to guide to civil litigation in Connecticut provides a unique overall picture of the litigation process and specific, detailed instructions on how to meet the various requirements mandated by the practice book rules and general statutes. It demystifies the whole procedure -- explaining the rules, how they interact with one another, and how to apply them -- focusing on the questions to ask, the specific steps to take, and how to ask and perform them correctly. * A unique Litigation Checklist Summary spells out each stage of the litigation process from beginning to end, provides a detailed checklist of specific steps to be taken, and explains how the Practice Book Rules and the Connecticut General Statues apply. Each stage of the litigation process is then explained throughout the text by referencing applicable Connecticut Practice Book Sections, Connecticut General Statutes and terminology, and examples of completed court forms and realistic pleadings. opportunity to witness the progression of each case from the beginning through to its conclusion.

Civil Procedure in Kenya


Author: Justus Momanyi Bwonwonga,Momanyi Bwonwong'a

Publisher: N.A

ISBN: 9789041140937

Category: Law

Page: 158

View: 9002

Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the legislation and rules that determine civil procedure and practice in Kenya. Lawyers who handle tran

A Civil Action


Author: Jonathan Harr

Publisher: Vintage

ISBN: 030780478X

Category: True Crime

Page: 512

View: 888

This true story of an epic courtroom showdown, where two of the nation's largest corporations were accused of causing the deaths of children from water contamination, was a #1 national bestseller and winner of the National Book Critics Circle Award. Described as “a page-turner filled with greed, duplicity, heartache, and bare-knuckle legal brinksmanship by The New York Times, A Civil Action is the searing, compelling tale of a legal system gone awry—one in which greed and power fight an unending struggle against justice. Yet it is also the story of how one man can ultimately make a difference. Representing the bereaved parents, the unlikeliest of heroes emerges: a young, flamboyant Porsche-driving lawyer who hopes to win millions of dollars and ends up nearly losing everything, including his sanity. With an unstoppable narrative power reminiscent of Truman Capote’s In Cold Blood, A Civil Action is an unforgettable reading experience that will leave the reader both shocked and enlightened. A Civil Action was made into a movie starring John Travolta and Robert Duvall. From the Trade Paperback edition.

New York Practice, Student Edition



Publisher: West Academic Publishing

ISBN: 9781642421064


Page: 1564

View: 2469

Described by many lawyers as the bible of New York practice, Siegel's Hornbook on New York Practice serves as the complete guide to civil practice in New York state courts, with a broad perspective in each subject. Used by students, lawyers, and judges alike and cited in thousands of New York cases, it discusses such topics as statutes of limitations, personal jurisdiction, appearance, venue, parties, papers, pleadings, motion practice, accelerated judgment, provisional remedies, disclosure, pretrial incidents, judgment, arbitration, and res judicata. The hornbook addresses pitfalls for practicing attorneys and judges. To eliminate the gap between what a student learns in law school and what a new lawyer actually needs to know in practice, the book starts from scratch on subjects, rather then assuming knowledge. This time-saving reference guide contains expert commentary; footnote citations to leading court decisions; and tables of cases, statutes and court rules.

New York Trial Notebook


Author: Edward L. Birnbaum,Carl T. Grasso,Ariel E. Belen

Publisher: LexisNexis

ISBN: 1945421665

Category: Law

Page: N.A

View: 2228

New York Trial Answer Book Techniques, law, and forms for trial preparation and presentation. The latest edition of New York Trial Notebook adds hundreds of new case citations, dozens of new tips, and many new and substantially revised sections. Turn to New York Trial Notebook for clear, concise explanations, practice tips, and recent case-based illustrations covering everything from preparing the case for trial through post trial motions. Lawyers no longer have as many opportunities to polish their trial skills. Small cases rarely reach courtrooms, and specialists and public defenders now handle the criminal cases that used to keep civil lawyers trial-ready. However, the procedures and cases governing New York courtrooms -- and the techniques that work in them -- must still be learned and remembered. Here is the solution. Courtroom veterans Ed Birnbaum, Carl Grasso, and Justice Ariel Belen have blended their hard-won trial lessons with the law and rules governing New York trials in New York Trial Notebook. This practical work is heavily-supported with 2,000 cases containing parenthetical descriptions and pinpoint citations, more than 80 forms in print and via Digital Access, and dozens of practice tips. New York Trial Notebook delivers: Expert witness disclosure • Boundaries of the treating-physician exemption from disclosure. §5:04 • Good practice on requests for expert witness disclosure. §5:22 • How much disclosure is sufficient. §5:41 • When preclusion is the appropriate remedy for late disclosure, §5:50, and when it is not. §5:51 • Tactics for admission and preclusion, with forms. §5:51 Eve-of-trial preparation • Case law for common motions in limine. §13.06 • Responsive tactics. §13:23 • Plaintiff's proven case themes for liability, §14:20, and damage. §14:21 • Same for the defense. §§14:32 and 33 • Themes effective in commercial litigation. §14:40 • What to put in your trial notebook. §14:51 Expert witness testimony • When cumulative expert testimony is permissible. §15:81 • Rules and cases on expert opinion evidence. §15:90 • Frye hearings during trial, with forms. §15:131 • Adequate and inadequate bases for expert opinions. §15:141 • For medical opinions. §15:163 • Is a complete factual predicate necessary? §26:53 Jury selection • Objecting to questions omitted in judicial voir dire. §20.13 • Tactfully excusing jurors. §20.18 • Procedures and tactics in White's and Struck methods. §20:31 • How to conduct a skillful voir dire. §20:50 • Pattern language for responding to negative comments about lawyers, size of awards, and the like. §20:56 • Model commitment questions. §20.100 • Batson-challenge cases and procedure. §20:141 Trial tips • Argument tips from the bench. §19:03 • An easy way to obtain daily feedback during trial. §19:40 • Handling forgetful witnesses. §23:20 • Helping plaintiffs make a good impression. §24:20 • A fallback question format to avoid leading-question objections. §24:60 Cross examination of lay witnesses • How to attack credibility when you must also bring out new evidence. §25.11 • Questions for attacking the foundation for testimony. §25.20 • Techniques for impeachment. §25:30 • Scope of use of inconsistent statements. §25:32 • Pattern questions for showing bias without overstepping. §25:52 • Fair subjects for cross, §25:62, gray areas, §25:63, and matters not allowed. §25:64 • The art of effective cross-examination. §25:90 et seq. And much, much more. You'll receive detailed answers to the questions that frequently arise in the home stretch before trial, and that arise in the courtroom – qualification and cross-examination of experts, making and meeting objections, persuasive openings and closings, pretrial motions and motions during trial, jury selection and instruction.

The litigation explosion

what happened when America unleashed the lawsuit


Author: Walter K. Olson

Publisher: Plume


Category: Law

Page: 388

View: 5160

Twenty years ago, Americans saw lawsuits as a last resort; now they're the world's most litigous people. One of the most discussed, debated, and widely reviewed books of 1991, The Litigation Explosion explains why today's laws encourage us to sue first and ask questions later.

In Praise of Litigation


Author: Alexandra Lahav

Publisher: Oxford University Press

ISBN: 0199380821

Category: Law

Page: 256

View: 7133

While the right to have one's day in court is a cherished feature of the American democratic system, alarms that the United States is hopelessly litigious and awash in frivolous claims have become so commonplace that they are now a fixture in the popular imagination. According to this view, litigation wastes precious resources, stifles innovation and productivity, and corrodes our social fabric and the national character. Calls for reform have sought, often successfully, to limit people's access to the court system, most often by imposing technical barriers to bringing suit. Alexandra Lahav's In Praise of Litigation provides a much needed corrective to this flawed perspective, reminding us of the irreplaceable role of litigation in a well-functioning democracy and debunking many of the myths that cloud our understanding of this role. For example, the vast majority of lawsuits in the United States are based on contract claims, the median value of lawsuits is on a downward trend, and, on a per capita basis, many fewer lawsuits are filed today than were filed in the 19th century. Exploring cases involving freedom of speech, foodborne illness, defective cars, business competition, and more, the book shows that despite its inevitable limitations, litigation empowers citizens to challenge the most powerful public and private interests and hold them accountable for their actions. Lawsuits change behavior, provide information to consumers and citizens, promote deliberation, and express society's views on equality and its most treasured values. In Praise of Litigation shows how our court system protects our liberties and enables civil society to flourish, and serves as a powerful reminder of why we need to protect people's ability to use it. The tort reform movement has had some real successes in limiting what can reach the courts, but there have been victims too. As Alexandra Lahav shows, it has become increasingly difficult for ordinary people to enforce their rights. In the grand scale of lawsuits, actually crazy or bogus lawsuits constitute a tiny minority; in fact, most anecdotes turn out to be misrepresentations of what actually happened. In In Praise of Litigation, Lahav argues that critics are blinded to the many benefits of lawsuits. The majority of lawsuits promote equality before the law, transparency, and accountability. Our ability to go to court is a sign of our strength as a society and enables us to both participate in and reinforce the rule of law. In addition, joining lawsuits gives citizens direct access to governmental officials-judges-who can hear their arguments about issues central to our democracy, including the proper extent of police power and the ability of all people to vote. It is at least arguable that lawsuits have helped spur major social changes in arenas like race relations and marriage rights, as well as made products safer and forced wrongdoers to answer for their conduct. In this defense, Lahav does not ignore the obvious drawbacks to litigiousness. It is expensive, stressful, and time consuming. Certainly, sensible reforms could make the system better. However, many of the proposals that have been adopted and are currently on the table seek only to solve problems that do not exist or to make it harder for citizens to defend their rights and to enforce the law. This is not the answer. In Praise of Litigation offers a level-headed and law-based assessment of the state of litigation in America as well as a number of practical steps that can be taken to ensure citizens have the right to defend themselves against wrongs while not odiously infringing on the rights of others.

Civil Justice Reconsidered

Toward a Less Costly, More Accessible Litigation System


Author: Steven P. Croley

Publisher: NYU Press

ISBN: 1479855006

Category: Law

Page: 304

View: 6433

"In Civil Justice Reconsidered, Steven Croley demonstrates that civil litigation is, for the most part, socially beneficial. An effective civil litigation system is accessible to parties who have suffered legal wrongs, and it is reliable in the sense that those with stronger claims tend to prevail over those with weaker claims. However, while most of the system's failures are overstated, they are not wholly off base; civil litigation often imposes excessive costs that, among other unfortunate consequences, impede access to the courts, and Croley offers ways to reform civil litigation in the interest of justice for potential plaintiffs and defendants, and for the rule of law itself"--Publisher's web site, viewed February 10, 2017.