The Litigation Process in Tort Law PDF Download

Author: Leon Green
Publisher: MICHIE
ISBN:
Category : Law
Languages : en
Pages : 682

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Author: Leon Green
Publisher:
ISBN:
Category : Torts
Languages : en
Pages : 0

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Author: Ross Sandler
Publisher: Aspen Publishing
ISBN: 145484048X
Category : Law
Languages : en
Pages : 250

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Book Description
JumpStart is a new study aid series covering the first-year course areas. Each title is a short book, roughly 170 pages, that addresses a problem students experience as they navigate their first year courses. Often first year students are expected to learn substantive law by reading judicial opinions without a framework or process to help them comprehend what they are reading. The JumpStart series supplies the context and prepares students to apply the rules in a litigation context. Titles in the series can be used as a general introduction to law school or as an introduction to torts. The books are most useful early in the first semester as well as in orientation courses or as summer reading for students entering their first year of law school. The series will appeal to academic success/support coordinators as well as the course-area professors. Ross Sandler is the series editor. His JumpStart: Torts is the first title in the series. JumpStart: Torts offers a detailed step-by-step approach to the stages of litigation, beginning with stating a theory of the case, moving through determining facts and making motions to receiving the holding of the case. Legal reasoning and the litigation process are taught via numerous judicial opinions with full analysis of each. Judicial opinions and analyses are made comprehensible without in-class explanation in a straightforward, clear, and informal writing style. Class-tested for success, JumpStart: Torts features pedagogical elements that support learning and facilitate use. As with each book in the series, the opening chapter provides a glossary of the terms, idioms, and procedures encountered in reading cases in tort law. Many judicial opinions are accompanied by an artist-drawn "cartoon" that illustrates the conflict or issue of the case. Short, easy-to-read opinions focus on ordinary situations with simple fact patterns that apply settled rules of law and principles. The book ends with a Practice Exam: a clear explanation of how to approach the typical torts essay exam question as well as insight into how professors grade exams. The chapter ends with a practice essay question. Two sample answers are included: a strong answer and a weaker answer. Each answer includes notes that point out where students did well and where they could improve their answers. Features: Detailed step-by-step approach to the stages of litigation begins by stating a theory of the case moves through determining fact and making motions to receiving the holding of the case Illustrates legal reasoning and the litigation process teaches through numerous judicial opinions with analysis Judicial opinions and analyses comprehensible without in-class explanation Straightforward, clear, informal style Class-tested material Pedagogical features Opening chapter glossary of the terms, idioms, and procedures encountered in reading cases

Author: James A. Henderson
Publisher: Aspen Publishing
ISBN: 1543838960
Category : Law
Languages : en
Pages : 1540

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Principally authored by the late James A. Henderson, Jr., and now led by Douglas A. Kysar of Yale Law School, The Torts Process has for fifty years now has given law students a clear, engaging, and sophisticated treatment of the law of torts. The Torts Process uses a student-friendly, procedurally-focused approach that relies on proven problem-and-cases pedagogy to illuminate the overarching structure and organization of tort law. Its lively mix of problems, cases, notes, and questions stimulate thought and discussion, while providing a firm foundation in tort doctrine, history, and theory New to the Tenth Edition: Overhaul of section on economic loss rule, including new lead case, Southern California Gas Leak Cases, and references to Third Restatement (Torts): Liability for Economic Harm. A new section in Chapter 8 on Damages in Context, which includes the case B. B. v. County of Los Angeles, which exposes a divide among the justices regarding the degree to which tort law should be situated within a larger legal and social context, one that includes the urgent and troubling intersection of race, policing, and violence in America. A new section in Chapter 4 on Statutory Immunities, which provides information on statutes that provide immunity from tort liability to particular industries or activities. New discussion of sexual harassment claims under intentional infliction of emotional distress and federal antidiscrimination statutes. Significant revamping of Chapter 5’s treatment of public nuisance doctrine in light of increasingly prominent use in contexts such as the opioid epidemic and climate change. Three new lead cases in Chapter 7 reflecting developments in the law of products liability, as well as a new section exploring caselaw on Amazon.com’s treatment as a product seller. Additional new lead cases throughout the Tenth Edition offer compelling teaching opportunities on a variety of topics, including: Bassett v. Lamantia (public-duty doctrine) Warren v. Dinter (medical malpractice) Gomez v. Crookham Co. (worker’s compensation benefits and wrongful death) Rich v. Fox News Network, LLC (emotional distress) Gilmore v. Jones (defamation) Lunsford v. Sterilite of Ohio, L.L.C. (invasion of privacy) Professors and students will benefit from: Problem-and-cases pedagogical approach challenges students’ understanding through theoretical and real-life situations. Clear, balanced presentation enables students to understand the overarching structure, organization, and impact of tort law. Lively mix of problems, cases, excerpts, notes and questions. Comprehensive, process-oriented approach appropriate for basic, advanced, or year-long law school torts courses. Compelling presentation from multiple scholarly and interdisciplinary perspectives. Sensitive treatment of tort law’s implications for race, sex, and gender equity.

Author: George E. Guay, III
Publisher: Prentice Hall
ISBN: 9780135000557
Category : Legal assistants
Languages : en
Pages : 0

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Unique in perspective, this book explores tort law within the context of the litigation process. Going beyond many competing books, it defines each tort and breaks it down into its essential elements so students begin to understand how to analyze a problem of law. Significant treatment is given to negligence and a full chapter is devoted to business related torts. Filled with illustrative cases and hypothetical scenarios, it focuses more on application instead of memorization-giving students a firm understanding of torts within the context of legal practice. Paralegals

Author: Daller, Daller
Publisher: Wolters Kluwer Law & Business
ISBN: 1543837735
Category :
Languages : en
Pages : 1426

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Book Description
Tort Law Desk Reference Whether you are confronted with multi-state tort litigation, have the opportunity to litigate a tort case in one of several states, or must initiate or defend a case in an unfamiliar jurisdiction, Tort Law Desk Reference quickly gives you the information you need about the tort laws of each state. With succinct summaries of laws and citations to controlling statutes and case law, this indispensable guidebook answers vital questions about each state's tort laws, such as: Is the claim or lawsuit barred in the jurisdiction where it was filed? Does a "no-fault" statute limit the right to recovery? Do joint liability provisions require a minimally liable defendant to pay the entire judgment? If there is no breach of contract or breach of warranty claim, is a fraud and misrepresentation claim viable? Under what circumstances can a trespasser recover against a property owner? And much more You'll be able to quickly determine available causes of action, realistic defenses, and permissible damages...and you'll have at your fingertips current and leading citations necessary for more detailed research of specific issues. No other resource simplifies the process for making critical tort litigation choices like Tort Law Desk Reference. It's the only single volume book that expertly digests the many significant provisions of every state's tort law in a clearly organized and uniform format. State-by-state, you get up-to-date coverage of statutes and case law covering "No-fault" limitations The standard for negligence Causation Res ipsa loquitur and ultra-hazardous activities Negligence per se Indemnity Bar of workers' compensation statute Premises liability Dram shop liability Economic loss Fraud and misrepresentation Wrongful death Attorney's fees State Laws Included: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.

Author: Thomas F. Goldman
Publisher: Pearson Higher Ed
ISBN: 0133113566
Category : Law
Languages : en
Pages : 528

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This is the eBook of the printed book and may not include any media, website access codes, or print supplements that may come packaged with the bound book. This fully-updated text is designed to build the skill sets students need to succeed as members of today’s civil litigation teams. CIVIL LITIGATION: PROCESS AND PROCEDURES, 2/e clearly presents legal concepts, emphasizing the details of the litigation process, critical thinking, and hands-on exercises that develop practical law office skills. Students will gain real-world procedural skills, master electronic discovery and court rules; learn how to handle ethical challenges in civil litigation practice; and develop a professional employment portfolio. This edition includes 46 video case studies that illustrate each stage of the litigation process, showing the day-to-day activities of the litigation team preparing and trying a civil case in a real world setting. Extensive assignment-related case materials and documents are provided in the text and online.

Author: Campbell McLachlan
Publisher: Oxford University Press
ISBN: 9780198259190
Category : Law
Languages : en
Pages : 298

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Book Description
The scope and application of the rules of civil jurisdiction is of immense practical importance in the conduct of transnational tort cases. Frequently such rules can dictate whether the plaintiff has an effective remedy or not and the shape of the ensuing litigation. The incidence of transborder harms is on the increase. One need only think of transboundary pollution (for example, fall-out from Chernobyl, the determination of proper forum for litigation of the Bhopal dispute); the rise in complex international fraud (Guinness, Ferranti, BCCI); the increase in scope for product liability and intellectual property litigation in international commerce; and transnational personal injury cases arising from the increased flow of persons across national borders. These practical problems give rise to difficult legal issues, which existing domestic rules of jurisdiction may be ill-equipped to resolve. In this timely collection of original articles a leading team of contributors assess existing legal provisions and examine the prospects for reform.

Author: William Haltom
Publisher: University of Chicago Press
ISBN: 0226314693
Category : Law
Languages : en
Pages : 361

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Book Description
In recent years, stories of reckless lawyers and greedy citizens have given the legal system, and victims in general, a bad name. Many Americans have come to believe that we live in the land of the litigious, where frivolous lawsuits and absurdly high settlements reign. Scholars have argued for years that this common view of the depraved ruin of our civil legal system is a myth, but their research and statistics rarely make the news. William Haltom and Michael McCann here persuasively show how popularized distorted understandings of tort litigation (or tort tales) have been perpetuated by the mass media and reform proponents. Distorting the Law lays bare how media coverage has sensationalized lawsuits and sympathetically portrayed corporate interests, supporting big business and reinforcing negative stereotypes of law practices. Based on extensive interviews, nearly two decades of newspaper coverage, and in-depth studies of the McDonald's coffee case and tobacco litigation, Distorting the Law offers a compelling analysis of the presumed litigation crisis, the campaign for tort law reform, and the crucial role the media play in this process.

Author: Linda S. Mullenix
Publisher: West Academic Publishing
ISBN:
Category : Law
Languages : en
Pages : 1564

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Book Description
Mullenix's Mass Tort Litigation: Cases and Materials reflects two concepts: First, that the seminal, core cases and materials relating to mass tort litigation still remain viable precedents after 25 years. Second, that courts are still struggling to find solutions to the resolution of this complex litigation. In addition to the seminal cases relating to Agent Orange, Dalkon Shield, DES, and asbestos litigation, the casebook is updated with materials relating to breast implants, tobacco, medical devices, and pharmaceutical litigation. The updated casebook is suitable for advanced courses in tort litigation, complex procedure, class action litigation, and dispute resolution offerings.