Depositions in a Nutshell

Author: Albert Moore,David Binder,Jason Light,Paul Bergman

Publisher: West Academic Publishing

ISBN: 9781634598958


Page: 644

View: 2275

This Nutshell, which replaces Binder, Moore and Bergman's Deposition Questioning Strategies and Techniques (2001), provides comprehensive descriptions and concrete illustrations of effective strategies and techniques for taking and defending depositions. The book can serve as a text for a 2-4 unit stand-alone depositions course (either live client or simulated) or as a supplement to a civil pre-trial lawyering course. It devotes separate chapters to such fundamental skills as obtaining helpful answers to critical questions, undercutting harmful testimony, obtaining a deponent's version of significant events, and obtaining information from evasive deponents. Other chapters include topics such as responding to inconsistent or implausible testimony, overcoming opposing counsel's objections and obstructionist tactics, and preparing a client to be deposed.

Pretrial Litigation in a Nutshell

Author: R. Lawrence Dessem

Publisher: West Academic


Category: Law

Page: 378

View: 973

This Nutshell focuses on the Federal Rules of Civil Procedure, covering changes that resulted from major amendments to the Federal Rules of Civil Procedure and Federal Rules of Evidence that became effective on December 1, 2000. Since state counterparts to these federal rules have been adopted in a majority of jurisdictions, the pretrial skills considered in this text are essential in both state and federal practice. Coverage includes client interviewing, attorney-client relationship, pretrial planning and investigation, the complaint, responses, discovery, interrogatories, depositions, production requests, examination, and admissions. Also explores judicial intervention into the discovery process, pretrial motion practice, and judgments.

Trial Advocacy in a Nutshell

Author: Paul Bergman

Publisher: West Academic Publishing

ISBN: 9781683282211


Page: 646

View: 5001

Trial Advocacy in a Nutshell was one of the first works to analyze and illustrate discrete courtroom skills and techniques in the context of principles of persuasion. The expanded and updated Sixth Edition incorporates a number of features that make the book more indispensable for trial lawyers than ever. Part 1 provides a concrete and detailed guide for developing "argument-centered narratives," which are credible stories that support advocates' desired inferences. Part 1 concludes with an important new chapter that explains the role of argument-centered narratives in the context of arbitrations, mediations and settlement negotiations. Part 2 analyzes and illustrates strategies, techniques and rules for presenting argument-centered narratives effectively during all phases of trial, from opening statement to closing argument, with a separate chapter analyzing effective examination strategies for expert witnesses. The Sixth Edition expands the coverage of the Federal Rules of Evidence, explaining and illustrating how to lay foundations that satisfy evidentiary requirements set forth in the rules. Foundational requirements for electronic records and many other types of exhibits, including those prepared by courtroom graphics experts, also gain additional prominence in the new edition. Some of the illustrative examinations and arguments in the new edition are drawn from trials that took place in a variety of eras. For example, the chapter on closing argument compares arguments made in the murder trial of Euphiletus (Greece, circa 400 B.C.) with those made in the trial of OJ Simpson (1995). Among the other trials from which illustrations are drawn are those of the Rosenbergs (the so-called "atomic spies," 1953), the Menendez Brothers (1991), the "Hillmon case" (1890's), and the "Triangle Shirtwaist Fire" case (1911). The illustrations from these cases are not only interesting, but also suggestive of enduring principles of persuasion. Another feature of the Sixth Edition are analyses of examples drawn from classic courtroom films such as Anatomy of a Murder, 12 Angry Men and My Cousin Vinny. Combined with these new and expanded features, the Sixth Edition preserves many of the features that have made the book so valuable to readers. For example, the book continues to carefully explain principles, illustrate them, and analyze the illustrations. Popular "models," such as the Credibility Model and the Safety Model of Cross Examination, also appear in the new edition. Also carried forward is the book's light tone which makes it not only useful but also a good read.

High Stakes, No Prisoners

A Winner's Tale of Greed and Glory in the Internet Wars

Author: Charles Ferguson

Publisher: W. W. Norton

ISBN: 9781587990656

Category: Computer industry

Page: 392

View: 6116

Charles Ferguson's hilarious, hard-boiled journey into the heart of high-tech darkness has become the signal book of the start-up generation. Charles Ferguson started Vermeer Technologies and turned his very big idea into FrontPage, the first software product for creating and managing a website. Ferguson took a good idea, started a company, and sold it to Microsoft for $133 million -- all in less than two years. High Stakes, No Prisoners is both a blistering inside account of how he did it and a brilliant tour of the brutally competitive and utterly unique world of Silicon Valley. - Publisher.

Discovery Problems and Their Solutions

Author: Paul W. Grimm,Charles S. Fax,Paul Mark Sandler

Publisher: American Bar Association

ISBN: 9781604426021

Category: Law

Page: 583

View: 4851

This updated and expanded edition describes the problems that litigators encounter most frequently in pretrial discovery and presents suggestions and strategies for solving these problems. Following a discussion on the scope and types of discovery, discovery problems are presented as hypotheticals followed by a discussion that includes the law and helpful practice tips. Particular emphasis has been placed on the interpretation of the new rules, and evolving case law, concerning discovery of electronically stored information.

Electronic Discovery and Digital Evidence in a Nutshell

Author: Shira Scheindlin

Publisher: West Academic Publishing

ISBN: 9781634597487


Page: 506

View: 5137

A concise treatment of all issues relating to electronically stored information (ESI) in litigation today, and a must-own for both civil and criminal practitioners. The authors have substantially rewritten each chapter and added chapters on anticipated changes to the Federal Rules of Civil Procedure governing ESI (which take effect December, 2015), technology-assisted review of ESI, and the use of ESI in criminal cases. Includes extensive treatment of preservation, search for and production of ESI, privilege protection, sanctions, ethical obligations of attorneys with respect to technology, and how the federal rules can be and have been adopted to accommodate digital evidence. Written by the author of the landmark Zubulake opinions and the Sedona Conference, which is at the forefront of thinking and writing on electronic discovery.

Class Actions and Other Multi-party Litigation in a Nutshell

Author: Robert H. Klonoff

Publisher: West Academic Publishing

ISBN: 9780314910974

Category: Law

Page: 487

View: 9596

Completely revised and up to date. Thoroughly covers the Class Action Fairness Act of 2005, the 2003 amendments to Rule 23, and numerous important court decisions rendered since the last edition. Covers all of the major topics of class action law and practice, such as commencement of a class action, requirements for class certification, class action discovery, notice to class members, ?opt-out? rights, Seventh Amendment and due process issues, class settlements, remedies, appellate review, issue and claim preclusion, and ethical and policy issues. Also contains a special focus on securities, mass tort, and employment discrimination class actions, defendant class actions and shareholder derivative suits. Explores the latest cutting-edge issues in multi-party litigation and discusses numerous ground-breaking court decisions.

Mastering Mediation

50 Essential Tools for the Advanced Practitioner

Author: Lynn Duryee,Matt White

Publisher: N.A

ISBN: 9780314282996

Category: Law

Page: 261

View: 4631

What can a mediator do when negotiations stall? How can a mediator help participants reach the finish line? How should a mediator best respond when the parties confess that they are too far apart to settle? Is there anything a mediator can do to help the high-conflict litigant achieve resolution of his emotional case?

McElhaney's Trial Notebook

Author: James W. McElhaney

Publisher: American Bar Association

ISBN: 9781590315033

Category: Law

Page: 771

View: 9714

"Trial Notebook" offers hundreds of techniques and tactics for every stage of a trial's progress in spare, lively, memorable prose. Users get strategies grounded in actual courtroom experience that will improve the effectiveness of their advocacy.

Successful First Depositions

Author: Bradley Clary,Michael Vanselow,Sharon Reich Paulsen

Publisher: West Academic Publishing

ISBN: 9781683282341


Page: 429

View: 5708

This edition features easy-to-read textual material on deposition strategy, preparation, conduct, and rules. Illustrative examples are found throughout, as well as sidebar summaries of major points. It is ideal as a text for a simulation class or as a reference for law school clinics. It includes three mock case records: an employment discrimination problem; a personal injury case; and a contract/covenant-not-to-compete case. It is also useful as a reference for new attorneys or refresher for the more experienced ones. It contains everything needed for use in an in-house training program, either a half-day training session or a more comprehensive day-long or multi-session program.

Understanding Products Liability Law

Author: Bruce L. Ottley,Rogelio A. Lasso,Terrence F. Kiely

Publisher: LexisNexis

ISBN: 0327185260

Category: Law

Page: N.A

View: 3650

This concise and comprehensive Understanding treatise is designed to complement any products liability casebook. Part I consists of an overview of the complex body of products liability caselaw and statutes that has developed over the past century. The chapters follow a functional approach and begin with the four theories that are the foundation of all products liability cases: warranty, misrepresentation, negligence, and strict liability. Separate chapters in Part I then examine the principle types of product defects (design, manufacturing, and failure to warn) and some of the problems involved with proving that the product was defective and that the defect was the cause of the injury. Finally chapters focus on the various defenses available in a products liability action and the types of damages that a plaintiff may seek. An understanding of products liability law also requires an examination of the issues involved in the prosecution or defense of a products liability case. Part II addresses a range of those issues, including researching the case; drafting the complaint; interrogatories and requests to admit facts; requests for the production of documents; discovery and evidence depositions; protective orders; and discovery enforcement.

The Radical Right and the Murder of John F. Kennedy

Stunning Evidence in the Assassination of the President

Author: Harrison E. Livingstone

Publisher: Trafford Publishing

ISBN: 1412040558

Category: History

Page: 615

View: 5842

The Radical Right and the Murder of John F. Kennedy: Stunning Evidence in the Assassination of the President Harrison E. Livingstone's major new book, the fifth of his works on the death of JFK, brings together for the first time all of the central evidence demonstrating a domestic Right Wing conspiracy rooted in Texas which assassinated the President on November 22, 1963. The book represents forty years of work. The book discusses in great detail the actual medical evidence and the forgery of the autopsy photographs and X-rays, which Mr. Livingstone first exposed, the alteration of the autopsy report, the framing of the designated patsy, Lee Harvey Oswald, and the substitution and fabrication of every single piece of evidence. It discusses the role played in the murder by some of the most powerful men in the country: Lyndon Johnson, J. Edgar Hoover, and Richard Nixon, as well as the rich oil men and companies who backed them. It then describes the cover-ups by the media, the major investigations over the years, the FBI, and the mind-control cooperation at work in the case to misdirect researchers and the public. The book describes in great detail the people and companies in Texas who planned and carried out the assassination. It names names. One recent investigation in the 90s followed Mr. Livingstone's preceeding work and reinvestigated with the witnesses both he and the official investigations had talked to, but this time took into consideration their documentation and what they had actually said, and in a chapter this is his stunning new evidence from the U.S. government under President Clinton that is blowing the lid off the case. Mr. Livingstone first revealed to the Washington press corps in 1998 that there has been such a secret investigation, and spoke for fifty minutes when the Assassination Records Review Board gave their final press conference. As a result, Mr. Livingstone was on all major TV networks and on the "Today" show (NBC) with Katie Couric the next morning. The book also contains the story of Dallas doctor Charles Crenshaw's law suit and the depositions of the editor and writer of the Journal of American Medical Association who libeled him in articles in 1992. Dr. Crenshaw's book about trying to save Kennedy at Parkland Hospital shortly after the shooting came out on the same day as Mr. Livingstone's major work on the medical evidence, High Treason 2, were JAMA's targets, and the depositions contain much discussion of Mr. Livingstone's major impact on the JFK case. This new book is to be followed closely by a sixth book entirely about the Zapruder film, called The Hoax of the Century: Decoding the Forgery of the Zapruder Film.

Scorched Worth

A True Story of Destruction, Deceit, and Government Corruption

Author: Joel Engel

Publisher: Encounter Books

ISBN: 1594039828

Category: Law

Page: 296

View: 5852

To effect just outcomes the justice system requires that law enforcement officers, prosecutors, and judges be committed—above all—to doing justice. Those whose allegiance is to winning, regardless of evidence, do the opposite of justice: they corrupt the system. This is the jaw-dropping story of one such corruption and its surprise ending. On Labor Day 2007, a forest fire broke out in California’s eastern Sierra Nevada and eventually burned about 65,000 acres. Investigators from the California Department of Forestry and Fire Protection and the United States Forest Service took a mere two days to conclude that the liable party was the successful forest-products company Sierra Pacific Industries (SPI), founded as a tiny sawmill nearly sixty years earlier by Red Emmerson. The investigative report on the fire declared that SPI’s independent logging contractor had started the conflagration by driving a bulldozer over a rock, creating a spark that flew into a pile of brush. No fire had ever been proven to start that way, but based on the report the U.S. Department of Justice and California’s attorney general filed nearly identical suits against Emmerson’s company. The amount sought was nearly a billion dollars, enough to bankrupt or severely damage it. Emmerson, of course, fought back. Week by week, month by month, year by year, his lawyers discovered that the investigators had falsified evidence, lied under oath, fabricated science, invented a narrative, and intentionally ignored a mountain of exculpatory evidence. They never pursued a known arsonist who was in the area that day, nor a young man who repeatedly volunteered alibis contradicted by facts. Though the government lawyers had not known at the start that the investigation was tainted, they nonetheless refused to drop the suits as the discovery process continued and dozens of revelations made clear that any verdict against Emmerson’s company would be unjust. Scorched Worth is a riveting tale that dramatizes how fragile and arbitrary justice can be when those empowered to act in the name of the people are more loyal to the bureaucracies that employ them than to the people they’re supposed to serve. It’s also the story of a man who refused to let the government take from him what he’d spent a lifetime earning.

Elementary Particle Physics in a Nutshell

Author: Christopher G. Tully

Publisher: Princeton University Press

ISBN: 0691131163

Category: Science

Page: 303

View: 8960

The new experiments underway at the Large Hadron Collider at CERN in Switzerland may significantly change our understanding of elementary particle physics and, indeed, the universe. Suitable for first-year graduate students and advanced undergraduates, this textbook provides an introduction to the field

Civil Litigation

Pretrial Case Development and Discovery

Author: Craig Roen,Sharon Reich Paulsen

Publisher: West Academic Publishing

ISBN: 9781634608640

Category: Pre-trial procedure

Page: 329

View: 455

Civil Litigation: Pretrial Case Development and Discovery introduces the art and practice of civil litigation. The book begins with a conceptual overview of the litigation process, then takes the reader through the initial client meeting, case planning and management, and the various forms of discovery. The focus is on how to litigate a case, from conducting pre-litigation investigations, to developing a theory of the case, to creating and executing a coherent discovery plan, as well as employing effective discovery techniques. The book contains real case examples that illustrate how effective litigators address the inevitable challenges litigation presents. It is appropriate for law students and new attorneys, and has all material needed for use in an experiential course on pretrial litigation. A companion online component contains exemplars of typical litigation documents, such as written discovery, deposition outlines, and motions to compel. There are two case problems for students to âeoelitigateâe : a trade secrets dispute and a sexual harassment case, both of which have been vetted and used extensively at the University of Minnesota Law School. A teacherâe(tm)s manual is available. For more information and additional teaching materials, visit the companion site.

Nolo's Deposition Handbook

The Essential Guide for Anyone Facing or Conducting a Deposition

Author: Paul Bergman,Albert Moore

Publisher: Nolo

ISBN: 1413325637

Category: Law

Page: 440

View: 883

Getting deposed? Conducting a deposition? Here's the book you need to take the mystery out of the deposition process and answer questions with confidence. You'll even learn the three "golden rules" for answering questions and the trick questions lawyers often use to influence testimony. A perfect book for law students, lawyers, legal assistants, witnesses, expert witnesses, and anyone who wants to represent themselves in court, Nolo's Deposition Handbook provides all the information you need to sail through the deposition process with confidence. This edition contains updated statutes, cases, and rules -- plus, new material on "electronic discovery" which applies to information stored in computers, including records and emails.

Effective Deposition

Techniques and Strategies that Work

Author: David M. Malone,Peter T. Hoffman,Anthony J. Bocchino

Publisher: Ntl Inst for Trial Advocacy

ISBN: 9781601560476

Category: Depositions

Page: 417

View: 3330

Electronic Discovery and Digital Evidence, Cases and Materials

Author: Shira Ann Scheindlin,Daniel J. Capra

Publisher: West Academic Publishing

ISBN: 9781634592246

Category: Discovery (Law)

Page: 1173

View: 5917

The third edition of the only comprehensive casebook on electronic discovery and evidence, authored by the field's leading authorities, incorporates the 2015 amendments to the Federal Rules of Civil Procedure; updates case law in the field; and expands discussions of cooperation, proportionality, social media, and professional responsibility obligations. Two new chapters have been added, one on the latest search techniques, including Technology-Assisted Review, that all lawyers must understand; and another on emerging issues with the surveillance, search, and seizure of electronically stored information by law enforcement in criminal cases. This casebook is a 'must' for any course in e-discovery, and an important resource for civil procedure, criminal law, evidence, and ethics courses.

Cross Examination in a Nutshell

Author: Joseph Bodiford

Publisher: West Academic Publishing

ISBN: 9781683289807


Page: 738

View: 7005

Cross Examination in a Nutshell is a new approach to an age-old skill. Focusing on incorporating storytelling and persuasion, it presents techniques for preparing, structuring, and delivering effective cross examinations in every setting. Cross Examination in a Nutshell departs from the old ways, and presents a new thought process for making cross examination as much a part of telling your story as is opening and closing arguments. The techniques for controlling the narrative, the witness, and your opponent are perfect for every advocate, from the law student to the most seasoned practitioner.