american civil procedure a guide to civil adjudication in us courts

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American Civil Procedure

Author : John Bilyeu Oakley
ISBN : 9789041128720
Genre : Law
File Size : 29. 4 MB
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This convenient description of civil procedure in the federal and state courts of the United States will be greatly welcomed by lawyers and legal scholars everywhere. Without going into deep analysis, the book covers every important feature of these legal systems, drawing on the expertise and experience of two well-versed practitioners. As well as the rules, policies, normative principles, and future trends, the authors cite recent cases affecting procedure. Areas covered include sources, judicial organization, exercise of the legal profession, jurisdiction, due process standards, rules of evidence, enforcement of judgements, arbitration, and much more.

The Process Is The Punishment

Author : Malcolm M. Feeley
ISBN : 9781610442015
Genre : Social Science
File Size : 79. 46 MB
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It is conventional wisdom that there is a grave crisis in our criminal courts: the widespread reliance on plea-bargaining and the settlement of most cases with just a few seconds before the judge endanger the rights of defendants. Not so, says Malcolm Feeley in this provocative and original book. Basing his argument on intensive study of the lower criminal court system, Feeley demonstrates that the absence of formal “due process” is preferred by all of the court’s participants, and especially by defendants. Moreover, he argues, “it is not all clear that as a group defendants would be better off in a more ‘formal’ court system,” since the real costs to those accused of misdemeanors and lesser felonies are not the fines and prison sentences meted out by the court, but the costs incurred before the case even comes before the judge—lost wages from missed work, commissions to bail bondsmen, attorney’s fees, and wasted time. Therefore, the overriding interest of the accused is not to secure the formal trappings of the judicial process, but to minimize the time, and money, spent dealing with the court. Focusing on New Haven, Connecticut’s, lower court, Feeley found that the defense and prosecution often agreed that the pre-trial process was sufficient to “teach the defendant a lesson.” In effect, Feeley demonstrates that the informal practices of the lower courts as they are presently constituted are more “just” than they are usually given credit for being. “... a book that should be read by anyone who is interested in understanding how courts work and how the criminal sanction is administered in modern, complex societies.”— Barry Mahoney, Institute for Court Management, Denver “It is grounded in a firm grasp of theory as well as thorough field research.”—Jack B. Weinstein, U.S. District Court Judge." a feature that has long been the hallmark of good American sociology: it recreates a believable world of real men and women.”—Paul Wiles, Law & Society Review. "This book's findings are well worth the attention of the serious criminal justice student, and the analyses reveal a thoughtful, probing, and provocative intelligence....an important contribution to the debate on the role and limits of discretion in American criminal justice. It deserves to be read by all those who are interested in the outcome of the debate." —Jerome H. Skolnick, American Bar Foundation Research Journal

A Guide To Federal Agency Adjudication

Author : Michael Asimow
ISBN : 1590311280
Genre : Administrative procedure
File Size : 62. 76 MB
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Flash MX developers who need instant on-the job reminders about the ActionScript language should find O'Reilly's new ActionScript for Flash MX Pocket Reference useful. This concise reference is the portable companion to the Flash coder's essential resource, ActionScript for Flash MX: The Definitive Guide by Colin Moock.

Strategies And Techniques For Teaching Civil Procedure

Author : Jay Tidmarsh
ISBN : 1454816368
Genre : Civil procedure
File Size : 82. 4 MB
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Civil Procedure

Author : Stephen C. Yeazell
ISBN : 0735569258
Genre : Law
File Size : 65. 58 MB
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The famously teachable casebook, Civil Procedure, by Stephen C. Yeazell, features a flexible organization, expertly selected and edited cases, a manageable length, and eminently readable introductions and notes. the leading casebook for Civil Procedure features: a clear and straightforward writing style a helpful overview of the procedural system techniques for statutory analysis explained in plain English a manageable overall length a flexible organization that adapts to a variety of teaching approaches a comprehensive Teacher's Manual with detailed teaching guidance, case analyses, and sample syllabi a companion CD with complete text of all of the cases in the book an Annual Statutory and Case Supplement available for adoption a Companion Website with additional teaching materials, including the full text of every case discussed in the book Updated throughout, The Seventh Edition incorporates the restyled rules from the December 2007 Amendments To The FRCP, As well as material on recent developments, including: contemporary pleading systems and problems, incorporating recent Supreme Court pleading cases discovery: spoliation of evidence, E-discovery, sanctions resolution without trial: emerging trends in judicial regulation of arbitration former adjudication: preclusion & arbitration Always a pleasure to teach from, Civil Procedure gives you perfect teaching flexibility, even providing a complimentary CD with the complete text of the cases. At the same time, you know you are totally supported by a Teacher's Manual that provides day-to-day guidance for structuring each class, instructions and analyses of every case, and a selection of sample syllabi to choose among.

The Journalist S Guide To American Law

Author : John T. Nockleby
ISBN : 9781136895333
Genre : Social Science
File Size : 37. 11 MB
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This easy-to-use guidebook offers an overview of American law that should find a place on the desk of any journalism student or professional journalist. The Journalist’s Guide to American Law provides an overview of major legal principles and issues in practical terms for journalists covering any aspect of the legal system. The book’s organization captures both the bird’s-eye view of the subject and offers an easy reference guide when the professional needs to understand a distinct legal concept. The areas covered range from professional concerns such as the First Amendment, cameras in the courtroom, Sunshine laws, and access to government documents to general legal matters such as the institutions of law and the lawmaking function of the judiciary, core constitutional principles such as separation of powers and judicial review, and the day-to-day functioning of courts. Equally at home on the desk of the general assignment reporter or the legal correspondent, as well as their producers and editors, the book equips the journalist with the knowledge required to translate complex legal notions into plain English.

Civil Rico

Author : Gregory P. Joseph
ISBN : 1570737657
Genre : Law
File Size : 71. 63 MB
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This valuable book provides a concise, yet thorough analysis of a confusing statute and morass of case law. Extremely well organized and indexed, the guide allows you to locate promptly and easily issues pertinent to your case.

The Heritage Guide To The Constitution

Author : David F. Forte
ISBN : 9781621573524
Genre : Political Science
File Size : 45. 38 MB
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A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation.

Refugee Roulette

Author : Philip G. Schrag
ISBN : 0814741053
Genre : Political Science
File Size : 45. 63 MB
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Through the Refugee Act of 1980, the United States offers the prospect of safety to people who flee to America to escape rape, torture, and even death in their native countries. In order to be granted asylum, however, an applicant must prove to an asylum officer or immigration judge that she has a well-founded fear of persecution in her homeland. The chance of winning asylum should have little if anything to do with the personality of the official to whom a case is randomly assigned, but in a ground-breaking and shocking study, Jaya Ramji-Nogales, Andrew I. Schoenholtz, and Philip G. Schrag learned that life-or-death asylum decisions are too frequently influenced by random factors relating to the decision makers. In many cases, the most important moment in an asylum case is the instant in which a clerk randomly assigns the application to an adjudicator. The system, in its current state, is like a game of chance. Refugee Roulette is the first analysis of decisions at all four levels of the asylum adjudication process: the Department of Homeland Security, the immigration courts, the Board of Immigration Appeals, and the United States Courts of Appeals. The data reveal tremendous disparities in asylum approval rates, even when different adjudicators in the same office each considered large numbers of applications from nationals of the same country. After providing a thorough empirical analysis, the authors make recommendations for future reform. Original essays by eight scholars and policy makers then discuss the authors’ research and recommendations Contributors: Bruce Einhorn, Steven Legomsky, Audrey Macklin, M. Margaret McKeown, Allegra McLeod, Carrie Menkel-Meadow, Margaret Taylor, and Robert Thomas.

Civil Procedure

Author : Allan Ides
ISBN : 9781454877301
Genre : Law
File Size : 82. 38 MB
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Civil Procedure: Cases and Problems, Fifth Edition covers all topics in the first-year canon of civil procedure, and some topics in advanced litigation classes (e.g., class actions, appeals). The casebook is organized with the reality and complexities of civil litigation in mind, and follows the litigation sequence, from pleading through preclusion. Each chapter takes a practical as well as analytical approach, through (a) a series of Supreme Court and lower court opinions, (b) notes preceding and following those opinions intended to explain the underlying doctrines and principles behind them, and (c) problems intended to assess and refine students understanding of doctrines and their rationales. Ultimately, this casebook demands that students read carefully and at a detailed level, analyze critically, and apply the law from the perspective of the theories underlying the various doctrines. It provides an effective vehicle through which to teach legal analysis and to gently nudge students forward and deeper into the materials.

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