Drafting and Analyzing Contracts

A Guide to the Practical Application of the Principles of Contract Law

Author: Scott J. Burnham

Publisher: N.A

ISBN: 9780769848976

Category: Contracts

Page: 381

View: 3519

Drafting and Analyzing Contracts

A Guide to the Practical Application of the Principles of Contract Law

Author: Scott J. Burnham

Publisher: Lexis Nexis Matthew Bender

ISBN: 9780820557885

Category: Business & Economics

Page: 390

View: 2933

The Law of Disability Discrimination

Author: Ruth Colker,Paul D. Grossman,Adam A. Milani

Publisher: LexisNexis

ISBN: 0769882048

Category: Law

Page: N.A

View: 8700

The purpose of this book is to provide students with an in-depth understanding of the ADA, including the sections governing employment (Title I), public entities (Title II), and public accommodations (Title III). The book focuses on the major components of the ADA, with extensive reference to the implementing regulations and accompanying guidance statements--essential building blocks for a complete understanding of the Act. It also covers a wide range of additional topics, such as education, housing, insurance, and the protection of newborns with disabilities. Because the ADA intersects several other federal statutes, such as the IDEA, the FHAA, and Section 504 of the Rehabilitation Act, cross-references to these and other statutes are frequently provided. A companion book, The Law of Disability Discrimination Handbook: Statutes and Regulatory Guidance, includes reference material relevant to interpreting federal law prohibiting discrimination on the basis of disability. The Handbook includes the statutory language of each of the five Titles of the ADA. In addition, with respect to Titles I, II, and III, the Handbook includes the regulations and interpretive guidance promulgated by the EEOC and the United States DOJ. The Handbook also includes reference material relevant to interpreting Section 504 of the Rehabilitation Act of 1973 and the Fair Housing Act Amendments of 1998, as well as excerpts from the Civil Rights Act of 1991. Further, the Handbook contains the text of the IDEA, the Department of Education Regulations implementing the IDEA, and the Convention on the Rights of Persons with Disabilities.

The Fundamentals of Contract Law and Clauses

A Practical Approach

Author: Nancy S. Kim

Publisher: Edward Elgar Publishing

ISBN: 1783479434

Category: Law

Page: 224

View: 6230

This accessible textbook helps students learn essential transactional skills by explaining the meaning and purpose of common contract clauses and exploring some potential pitfalls associated with their use. Nancy Kim utilizes select case summaries and contract clause examples to illustrate doctrinal concepts and how they may affect a transaction. The Fundamentals of Contract Law and Clauses will prove to be an invaluable resource in the classroom, as it will support law students in becoming preventive lawyers by teaching them how to preempt problems, reduce risks and add value to transactions.

The Counselor-at-Law: A Collaborative Approach to Client Interviewing and Counseling

Author: Robert F. Cochran, Jr.,Martha M. Peters

Publisher: LexisNexis

ISBN: 163281675X

Category: Law

Page: N.A

View: 4029

This eBook takes a collaborative approach to legal interviewing and counseling. It suggests that clients will be best served when lawyers and clients work together to resolve problems. Under a collaborative decision-making model, the client controls most decisions, but the lawyer structures the process and provides advice in a manner that is likely to yield wise decisions. The Counselor-at-Law explores the major approaches to legal interviewing and counseling and outlines the available research on the psychology and the sociology of clients and lawyers. This eBook explores communication and decision-making theory, memory and recall, power and submission, personality types, and ethics. From this base, the authors construct a model of interviewing and counseling based on the techniques that are effective in real-life encounters. They also include psychological type theory and explain how it can be used to improve a lawyer's communication, interviewing, and counseling skills. This innovative casebook provides students with a template for effective legal interviewing and counseling. The most effective legal counselors are the ones instilled with respect for the client, cognizant of building rapport, aware of the psychological dynamics of the lawyer-client relationship, and equipped with technical communication skills to gather information without sacrificing rapport. This eBook features links to Lexis Advance for further legal research options.

Outsourcing Technology

A Practical Guide for Librarians

Author: Robin Hastings

Publisher: Rowman & Littlefield

ISBN: 0810892480

Category: Language Arts & Disciplines

Page: 124

View: 6408

The care and maintenance of technology is a specialized field requiring a diverse set of skills to perform properly. Many libraries find it difficult to attract skilled people because of a lack of personnel budgets, because of a location that is rural enough to have a limited applicant pool, or because the library lacks enough technological savvy to make effective hiring decisions. Regardless of the reason for the lack of technological skill in a library’s staff, there are ways to outsource major technological functions of the library so that even very small libraries can have the same access to technology as the big libraries—and big libraries can manage huge technological projects with the same resources and skills as multinational companies. Outsourcing Technology: A Practical Guide for Librarians will provide the information and guidance needed for both the smallest libraries to embrace technology and the largest libraries to get the most from their technology investments with tips and tricks for libraries of size between as well.

Contract Law and Theory

Author: Robert E. Scott,Jody S. Kraus

Publisher: Lexis Nexis Matthew Bender

ISBN: 9780820570297

Category: Law

Page: 1071

View: 7373

A Practical Approach to Client Interviewing, Counseling, and Decision-Making: For Clinical Programs and Practical Skills Courses

Author: G. Nicholas Herman,Jean M. Cary

Publisher: LexisNexis

ISBN: 0327178353

Category: Law

Page: 210

View: 3928

This book provides a practical approach to client interviewing, counseling, and decision-making. These are practical skills, not theoretical ones. Thus, the overall pedagogical approach taken by the text is to explain to students what to do and how to do it when engaging in interviewing, counseling, and decision-making with a client. This accords with the growing trend in law schools to de-emphasize heuristic theory in teaching practical skills and, instead, to teach those skills in simulated "real-life" contexts. Based on the guidance and techniques provided in the text, students will best learn the skills of interviewing and counseling by applying them in various role plays contained in the Teacher's Manual or through other role plays developed by their professor. Three other features of this book are worthy of mention: • The book is deliberately designed to be short -- to "get to the point," without unnecessary palaver. • The book provides an extensive discussion of the most pertinent provisions of the ABA Model Rules of Professional Conduct relating to client interviewing, counseling, and decision-making. • The book discusses interviewing witnesses and counseling in certain special contexts, including counseling about settlement, counseling through the writing of opinion letters, counseling the client as a deponent, and counseling the criminal defendant.

Contracts

The Essential Business Desk Reference

Author: Richard Stim

Publisher: Nolo

ISBN: 1413323014

Category: Business & Economics

Page: 487

View: 4209

Understand virtually any contract and sign on the dotted line with confidence. This is the first book to explain contract terms in language for the layperson. This indispensable A to Z guide covers: definitions of over 300 common terms found in contracts how to decipher the language of contracts which clauses are important and which aren't illegal and dangerous contract clauses to watch out for, and how to negotiate or change contracts. Contracts: The Essential Business Desk Reference will help you save money by explaining which clauses are important so that you can avoid a pricey professional review by a lawyer. Written in plain English, this book is especially useful for law students and business owners (including one-person operations and independent contractors), but still contains enough detail to have a place on nearly any lawyer's bookshelf.

Contemporary Intellectual Property

Law and Policy

Author: Charlotte Waelde,Abbe Brown,Jane Cornwell,Smita Kheria

Publisher: Oxford University Press

ISBN: 0198733690

Category:

Page: 1136

View: 722

Contemporary Intellectual Property: Law and Policy offers a unique perspective on intellectual property law. It goes beyond an up-to-date account of the law and examines the complex policies that inform and guide modern intellectual property law at the domestic (including Scottish), Europeanand international levels, giving the reader a true insight into the discipline and the shape of things to come. The focus is on contemporary challenges to intellectual property law and policy and the reader is encouraged to engage critically both with the text and the subject matter. Carefully developed to ensure that the complexities of the subject are addressed in a clear and approachable manner, the extensive use of practical examples, exercises and visual aids throughout the text enliven the subject and stimulate the reader. Online Resource Centre:* Accompanied by an online resource centre which contains the following:* Updates to key areas of law * Two bonus chapters on 'History of Registered Design Law in the UK to 1988' and 'History of Unregistered Design -Protection in the UK'* Guidance on answering the discussion points from the book* Web links and further reading

Contract Drafting

Powerful Prose in Transactional Practice

Author: Lenné Eidson Espenschied

Publisher: American Bar Association

ISBN: 9781604427950

Category: Law

Page: 311

View: 5513

Contract Drafting: Powerful Prose in Transactional Practice presents an overview of the stages in the contract process and offers a comprehensive introduction to the substantive areas addressed in transactional documents. In fourteen lessons, readers will learn how to work from prior documents to produce effective and complete legal documents that protect the client's interests.

Overview of U.S. Law

Author: Ellen S. Podgor

Publisher: LexisNexis

ISBN: 0327178396

Category: Law

Page: 464

View: 7742

This is a book that provides a preliminary examination of seventeen different subjects covered in law schools across the United States. Each chapter offers a succinct and organized review of the topic and begins with a detailed outline of the subject. Expert legal academics, drawn from a number of outstanding American law schools, authored each of the different chapters. The opening chapter of the book provides an overview of the legal system in the United States, and offers comparison with a civil code system. The book covers basic first year courses like Contracts, Torts, Criminal Law, Civil Procedure, Constitutional Law, and Property. It also examines typical bar-type courses such as Wills and Trusts, Evidence, and Family Law. Finally, there are chapters on some "hot topics," such as Intellectual Property. The final chapter of the book examines the practice of law in the United States. Overview of U.S. Law is intended for students who are considering attending law school, those who plan to participate in an LL.M. program in the United States, and those outside the U.S. who seek an overview of the legal system. The chapters were designed with foreign lawyers and international students in mind. This book is part of a project, which the editors affectionately refer to as "The U.S. Law Project." The actual project includes lectures on each of the subjects covered in the book, and the video lectures are presented by the same individual who authored the chapter in the book.

Legal Argument: The Structure and Language of Effective Advocacy

Author: James A. Gardner

Publisher: LexisNexis

ISBN: 032717708X

Category: Law

Page: 188

View: 4368

Legal Argument: The Structure and Language of Effective Advocacy is a full-featured guide designed primarily for law students in research, writing, analysis and trial advocacy classes and moot court programs. Inside you'll find detailed explanations of how lawyers construct legal arguments and practical guidelines to the process of molding the raw materials of litigation - cases, statutes, testimony, documents, common sense - into instruments of persuasive advocacy. You'll also find writing guidelines that show you how to present a well-constructed legal argument in writing in a way that legal decision makers will find persuasive. The centerpiece of this indispensable work is its syllogism-based step-by-step method, designed to walk the advocate through the process of crafting a winning argument. Intuitive organization presents the material in five parts: • Part I sets out a general methodology for constructing legal arguments. • Part II focuses more closely on the construction of persuasive, well-grounded legal premises, and covers the effective integration of legal doctrine and evidence into the argument's structure. • Part III shows how to put the method to work by giving two detailed examples of the construction of complete legal arguments from scratch. • Part IV provides a detailed protocol for reducing well-constructed legal arguments to written form, along with a concrete illustration of that process. It also provides concrete advice on how to recognize and avoid a host of common mistakes in the written presentation of legal arguments. • Part V moves from the basics into more advanced techniques of persuasive legal argument, including rhetorical tactics like framing and emphasis, how to respond to arguments, maintaining professionalism in advocacy, and the ethical limits of argument.

Contract Law For Dummies

Author: Scott J. Burnham

Publisher: John Wiley & Sons

ISBN: 1118092732

Category: Law

Page: 384

View: 3853

Take the mumbo jumbo out of contract law and ace your contracts course. This hands-on guide give you plain-English explanations of terminology and language used in contracts, showing you how to read and analyze cases and statues with ease.

The Elements of Contract Drafting with Questions and Clauses for Consideration

Author: George W. Kuney

Publisher: West Academic Publishing

ISBN: 9780314266040

Category: Law

Page: 300

View: 6497

This book is a practical, brief, to-the-point text covering the fundamental working parts of a contract and how one should be prepared. It provides an overview of the issues and processes involved in drafting contracts and transactional documents. It enables students to analyze the basic structure of contracts and other deal documents and develop the macro and micro techniques used to efficiently create those documents with precision and clarity. It provides the principles necessary for an understanding of the common structures of transactional documents and their provisions that can then be applied to specific transactions. Beyond structural drafting, this book also covers some of the substantive laws that may affect contracts. This book provides a standard structure that is ideal for a two- to three-credit-hour course taught by full-time or adjunct faculty.

Understanding Contracts

Author: Jeffrey T. Ferriell

Publisher: LexisNexis

ISBN: 0769898092

Category: Law

Page: N.A

View: 6412

This Understanding treatise is designed for first-year law students enrolled in Contracts. The text explains common law principles of contract law using cases and examples that students commonly encounter in this first-year course. It draws illustrations from the Restatement (Second) of Contracts, and from Article 2 of the Uniform Commercial Code as it has been adopted in all fifty states. This edition includes expanded material on the United Nations Convention on the International Sale of Goods, and the UNIDROIT Principles of International Commercial Contracts, appropriate to a basic course in Contracts, and on modern statutes regarding electronic contracting. Understanding Contracts was written with the understanding that Contracts will be one of the most challenging courses first-year law students will take. It explains how key concepts apply in several recurring basic fact patterns. It then builds on those fact patterns to explain how the law is more difficult to apply in business transactions with more complex facts. A key feature of Understanding Contracts, that is not found in other similar books, is its conscious incorporation of basic explanations of the common business practices to which the law of contracts applies. The feature helps students, many of whom have not had any background in the business world, understand contract law in the business settings in which it frequently applies. The book also provides detailed topic headings that students can use to develop their own comprehensive course outline. This eBook features links to Lexis Advance for further legal research options.

The Complete Advocate

A Practice File for Representing Clients from Beginning to End

Author: A. G. Harmon

Publisher: LexisNexis

ISBN: 142242992X

Category: Attorney and client

Page: 141

View: 2888

Synthesis

Legal Reading, Reasoning, and Communication

Author: Deborah A. Schmedemann,Christina L. Kunz

Publisher: Wolters Kluwer Law & Business

ISBN: 1454888024

Category: Law

Page: 220

View: 6128

Synthesis: Legal Reading, Reasoning, and Communication employs a successful step-by-step approach to effective legal reasoning and writing skills, teaching students how to think like a lawyer: how to read the law, how to reason a client’s situation, and how to write about the case in different legal forms. Maintaining a pedagogy designed to teach students in a variety of ways, the text incorporates numerous charts and diagrams for visual learners. Exercises—based on tort law issues that are particularly accessible to first-year students—provide opportunities for active application of skills. Also included is complete coverage of memo and brief writing. The book is accompanied by a Teacher’s Manual that contains additional exercises based on different areas of the first-year curriculum, suggestions for how to most effectively use the book, and sample syllabi.

Transactional Lawyering Skills

Client Interviewing, Counseling and Negotiation

Author: Richard K. Neumann Jr.

Publisher: Wolters Kluwer Law & Business

ISBN: 145483157X

Category: Law

Page: 176

View: 3553

The highly respected author of Transactional Lawyering Skills has written and co-written some of the top-selling books in the field. Designed to supplement Contract Drafting and Transactional Skills courses, his concise, straightforward explanation of professionalism covers working with transaction clients; problem-solving and problem-prevention; and transactional interviewing, counseling, and negotiation. Professional responsibility issues are fully integrated throughout the material. Going beyond simple theory, the text provides a succinct explanation of the lawyer-client relationship as well as the mechanics of transactional lawyering. Transactional Lawyering Skills can be used to help add a third credit to a 2-credit contract drafting course. Features concise, straightforward explanations of professionalism working with transaction clients problem-solving and problem-prevention transactional interviewing, counseling, and negotiation highly respected author has written/co-written top-selling books in the field integrated coverage of professional responsibility issues clear and succinct discussion of lawyer-client relationship covers the mechanics of transactional lawyering goes beyond simple theory can be used to help add a third credit to a 2-credit contract drafting course