Legal systems: civil procedure, litigation and dispute resolution Books
Bloomsbury Publishing PLC The Law and Business of Litigation Finance
Book SynopsisHow do litigation funders raise capital and how do they spend it? What are their corporate and financial structures? What types of cases do they invest in and what are their returns? What contractual structures do they use? What are the key legal issues relating to litigation funding?The Law and Business of Litigation Finance answers these questions and is an essential guide for those who seek to provide litigation funding, as well as for anyone who wishes to understand the litigation funding process.The Second Edition includes:- New content covering the commercial and finance aspects of litigation finance, examining the different stakeholders, what they seek to achieve, and the risks and rewards that attract them- Increased coverage of the position in Australia, continental Europe and jurisdictions such as Singapore and Hong Kong- Updated case law including recent high profile cases in the UK, USA and Australia, and a comprehensive rec
£152.00
Bloomsbury Publishing PLC Fraud and Breach of Warranty
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£104.50
Carolina Academic Press LLC Understanding Evidence
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£45.30
Carolina Academic Press LLC Evidence Problems and Materials
£80.23
Aspen Publishing Trial Evidence
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£144.26
Aspen Publishing Civil Procedure: Cases and Problems [Connected
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£316.80
Aspen Publishing Civil Procedure: Doctrine, Practice, and Context
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£266.14
Aspen Publishers Federal Rules of Civil Procedure
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£54.77
Aspen Publishing Problems and Materials on Secured Transactions:
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£242.23
Aspen Publishing Trial Techniques and Trials: [Connected eBook
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£194.75
Aspen Publishing Civil Law and Litigation for Paralegals:
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£150.40
Aspen Publishing Basic Contract Law for Paralegals: [Connected
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£175.20
Aspen Publishing Dispute Resolution
£290.75
Aspen Publishing The Practice of Mediation
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£184.97
Aspen Publishing Civil Procedure: [Connected eBook with Study
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£310.50
Aspen Publishing Federal Rules of Civil Procedure: With Resources
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£63.00
Aspen Publishing Evidence in Focus
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£267.90
Lincoln Institute of Land Policy Legal Issues in Property Valuation and Taxation –
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£25.50
£16.62
University of Tennessee Press Serpent And The Spirit: Glenn Summerford'S Story
Book Synopsis“A snake handler convicted of the attempted murder of his wife by means of serpent bite is serving ninety-nine years in prison. The reader is gradually pulled into an increasingly complex story as Thomas Burton allows the many individuals involved in this event to tell their stories. Readers are less likely to find themselves concerned with what “really” happened than with larger issues they too will become involved in. this is more than a story about the headline ‘preacher tries to murder wife – with rattlesnakes!” it is a story of individuals struggling with their faith and their fate under the steady gaze of their God.” —Ralph W. Hood Jr., winner of the American Psychological Association’s William James Award in the psychology of religionIn this comprehensive, multilayered set of narratives, the story of Glenn Summerford’s fall from grace is told by its participants, through interviews, court documents, and other primary sources. Free of either prejudice against or romanticizing about the snake-handling Holiness religion, this book presents an absorbing story of a fascinating group of people, while allowing the reader to draw his or her own conclusions about Summerford’s guilt or innocence. The Serpent and the Spirit is a startling commentary on truth and its representation, religion and its expression, humanity and its flaws.Thomas Burton is professor emeritus of English at East Tennessee State University. He is the winner of the Appalachian Consortium Laurel Leaves Award.
£23.16
Lawbook Exchange, Ltd. Briefing and Arguing Federal Appeals
£38.95
Independent Institute,U.S. Patent Trolls: Predatory Litigation and the
Book SynopsisStiflers of innovation, patent trolls use overbroad patents based on dated technology to threaten litigation and bring infringement suits against inventors. Trolls, also known as no practicing entities (NPEs), typically do not produce products or services but are in the business of litigation. They lie in wait for someone to create a process or product that has some relationship to the patent held by the troll, and then they pounce with threats and lawsuits. The cost to the economy is staggering.In Patent Trolls: Predatory Litigation and the Smothering of Innovation, William J. Watkins, Jr., calls attention to this problem and the challenges it poses to maintaining a robust rate of technological progress. After describing recent trends and efforts to “tame the trolls,” Watkins focuses on ground zero in patent litigation—the Eastern District of Texas, where a combination of factors makes this the lawsuit venue of choice for strategically minded patent trolls. He also examines a more fundamental problem: an outmoded patent system that is wholly ill suited for the modern economy. Finally, he examines proposals for reforming the U.S. patent system, which was created to spur innovation but today is having the opposite effect. If legal reformers heed the analyses and proposals presented in this book, the prospects for crafting a legal environment that promotes innovation are favourable.
£17.05
Wolters Kluwer Law & Business Federal Rules of Evidence with Cues and Signals
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£43.20
Aspen Publishing Trial Advocacy Basics
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£108.90
Aspen Publishing Problems in Trial Advocacy: 2021 Edition
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£93.50
Aspen Publishing Evidence in Context: A Trial Evidence Workbook
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£114.95
Carolina Academic Press A Student Electronic-Discovery Primer: An
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£22.80
Turner Publishing Company Consumer Bankruptcy The Complete Guide to Chapter
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£33.96
American Bar Association The Family Law Trial Evidence Handbook: Rules and
Book SynopsisAt the core of being a trial lawyer is a working knowledge of the rules of evidence: how to get evidence admitted or kept out in a contested trial or hearing. Procedures to authenticate exhibits are the building blocks of any case, and objections and their responses are the mortar. The Family Law Trial Evidence Handbook is a common sense guide to these fundamentals. Based upon the author's years of family law practice and from his teaching experience at the ABA Family Law Trial Advocacy Institute, this handbook is organized in a practical format that can work for all family law trial lawyers, regardless of whether they practice in a state that uses a variation on the Federal Rules or a common law body of rules on evidence. It combines the substantive knowledge critical to assist family lawyers understand the concepts and theories of evidence with a supremely useful format that ensures that the necessary information can be located and absorbed quickly. Topics include: The fundamentals of evidence Relevance Evidence of character and habit Hearsay and hearsay exceptions Judicial notice and presumptions Authentication of writings and other tangible evidence Original writing rule and the rule of completeness Competency of witnesses Evidentiary privileges Expert witnesses Examination of witnesses Tendering exhibits, objections, and offers of proof Procedures for streamlining admission of evidence Requests to admit facts and genuineness of documents Judges identify lawyers who can try cases well and appreciate their skill, and good settlements come from superior trial skills. It is axiomatic, but knowledge is power. This book is the starting point for lawyers pursuing excellence in divorce trial advocacy.
£106.99
American Bar Association Spoliation of Evidence: Sanctions and Remedies
Book SynopsisSpoliation of Evidence, Third Edition, helps resolve problems involved with the destruction of evidence. Developing case law has shown that spoliation may subject parties to additional litigation expense, potential tort liability, and sanctions that may be outcome determinative. Additionally, negative publicity and the impact on the professional and personal reputation of counsel and parties are other considerations. Whether you represent parties to litigation, or are counseling clients who want to avoid litigation, at some point you will face issues involving the destruction of evidence. The book serves as a guide for the litigation practitioner faced with the loss of evidence in a civil suit in a state or federal court. Among other key topics, the book covers: * Record keeping obligations * The duty to preserve evidence * Independent causes of action for the destruction of evidence
£134.99
American Bar Association Inside Out: How Conflict Professionals Can Use
Book SynopsisThis new and insightful book, is based on a program that author Gary Friedman, along with colleague Jack Himmelstein (a law professor and lawyer) and Norman Fischer (a Buddhist monk) has been teaching for the last 6 years. It entails conflict professionals to consider self-reflection, challenging typical conventions of conflict professionals by replacing them with a full and deep commitment to bringing all of one's self to serve others. It directs the reader to pay attention to emotional clues - to understand and communicate them. Essentiallyacknowledging and using self-awareness. Working from the inside out. Whether you are a professional conflict resolver, litigator, mediator, or lawyerthis book is a must have resource to help increase clients' satisfaction.Trade ReviewInside-Out is must reading not only for all mediators but for judges and lawyers. Why? Because we must all deal with conflict in our professional lives. This book explains why we must develop greater insights into our own inner conflicts-through self-reflection-in order to help develop solutions that will be practical and durable. Filled with wonderful stories and examples, this book is not only helpful but a pleasure to read. -- Robert H. Mnookin, Williston Professor of Law; Director, Harvard Negotiation Research Project; Chair, Program on Negotiation, Harvard Law School
£40.37
LexisNexis Louisiana Law of Obligations in General
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£41.40
American Bar Association The Superfund Manual: A Practitioner's Guide to
Book SynopsisBecause of the amount of money routinely at risk in CERCLA cleanups, most private parties facing Superfund liability will continue to look to the courts for resolution. Focusing on case-oriented information, this guidebook casts light on the issues that are central to current Superfund litigation. Written by an experienced attorney who specializes in this area of law, The Superfund Manual provides key summaries of the state of the law under CERCLA along with invaluable practice tips and strategies that offer deeper insights into key litigation issues under the statute. Topics include: * Government response authority under section 104 of CERCLA* Remedy selection standards and remedy selection procedures* Abatement authority under section 106* Liability issues, including causation, defenses, and types of recoverable costs* Settlement* Judicial review* Organizing PRPs at multiparty sites* Litigating a federal cost recovery action* Private party actions (sections 107 and 113)* Natural resource damages* CERCLA and SARA Title III reporting requirements* Insurance* BankruptcyTable of ContentsTable of Contents Chapter 1: Government Response Authority under Section 104 of CERCLA Chapter 2: The Substance and Procedure of Remedy Selection Chapter 3: Abatement Authority under Section 106 Chapter 4: Liability Chapter 5: Settlement Chapter 6: Judicial Review Chapter 7: Organizing PRPs at Multiparty Sites Chapter 8: Litigating a Federal Cost Recovery Action Chapter 9: Private Party Actions Chapter 10: Natural Resource Damages Chapter 11: CERCLA and SARA Title III Reporting Requirements Chapter 12: Insurance Chapter 13: Bankruptcy Table of Cases Table of Statutes Index
£83.69
American Bar Association MacCarthy on Impeachment: How to Find and Use
Book SynopsisImpeachment of witnesses is "an alien, mystifying and obtuse area of the law" write the authors of MacCarthy on Impeachment. While there are many books on evidence and trial advocacy, there is very little written specifically on the law of impeachment. Generally, impeachment law is found in the law of evidence, however, it frequently involves different applications of the law of evidencewhich can be confusing. In MacCarthy on Impeachment, 16 methods of impeachment are discussed: inconsistent statements; contradictions; motivation; truthfulness; convictions; what the witness could of done, but did not; capacity; bad acts, crimes, and wrongs; habit, writing used to refresh memory; an opposing party's statement; the hearsay defendant; character witnesses; and certain evidence of sexual behavior by the alleged victim of the defendant. And for expert witnesses only, two methods of impeachment: qualifications and curriculum vitae and learned treatises. From the author of the legal classic, MacCarthy on Cross Examination, MacCarthy on Impeachment is a groundbreaking work that will become an indispensable resource for trial attorneys seeking to improve their skills and better serve their clients.
£60.50
American Bar Association Cross Examination: A Primer for the Family Lawyer
Book SynopsisIn direct examination, you are directing the witness, with the witness being permitted to answer in narrative form. In cross examination, you are leading the witness, with the goal of the witness giving a monosyllabic answer of "yes" or "no." Stated otherwise, direct examination builds, while cross examination leads. If performed correctly, in direct examination, you guide the witness; in cross examination, you control the witness. Because of this, the lawyer’s skill at cross examination is essential to persuade the judge of your position. Looking at cross examination as a communication and persuasion contest involving the lawyer, the witness, and the trier of fact, this logical, clearly presented book explains how effective cross examination skills can advance your cause while also weakening the position taken by the opposing side. Topics include: The commandments of cross examination When not to cross examine Principles of primacy and regency Modes of impeachment Types of cross examination Verbal and body language Adversarial parties as witnesses Collateral evidence rule The "I don't remember," "I don’t know" witness Closing the escape hatch Preparing your witness for the cross examination Dealing with objections Cross examining experts, and more
£62.99
American Bar Association Litigating the Aviation Case, Fourth
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£174.61
American Bar Association Images with Impact: Design and Use of Winning
Book SynopsisMany studies have been conducted over the years on the importance of visual perception and visual communication. The consistent takeaway is that using visuals makes a difference in how humans communicate. And then there’s the jury setting itself—it is like no other. And that matters, too. Appreciating how jury trials are fundamentally different from other communication settings is critical to the effective design of our trial visuals. At its core, Images with Impact: Design and Use of Winning Trial Visuals is about helping to win trials with effective visual images. Each chapter builds to give substantive ideas, design guidance, and practical and legal tips for improving jury visuals.
£99.00
American Bar Association Enhancing Justice: Reducing Bias
Book SynopsisEnhancing Justice: Reducing Bias was written by an exceptional and diverse team of authors, all with expertise relevant to understanding and improving implicit biases. Judges, lawyers, social scientists, professors, and experienced trainers worked together to bring cutting-edge research and thinking to this effort. The result offers both perspective and practical advice from their disciplines and their collaboration. While not all the authors would agree on each possible approach, the focus is on best practices, as we know them today, which can enable courts to lessen the impact of implicit bias. The book seeks to help “break the bias habit” by increasing knowledge and awareness of implicit bias, improved understanding and practice of procedural fairness and of culturally competent communication across cultures, and a sustained commitment to mindfulness. If we are to ever eradicate the "color-line," that W. E. B. DuBois spoke of over 100 years ago, each of us must be mindful; each of us must cast a critical eye inward and examine our attitudes far more carefully than will be comfortable. Enhancing Justice: Reducing Bias provides an excellent starting point for explaining the need for this introspection as well as for developing strategies and mechanisms that will hopefully, one day, allow each of us to “stop discriminating” so that we can more honestly and intelligently move toward a judicial system that is truly based on impartiality and fairness and is recognized as such.
£69.48
American Bar Association Mastering Voir Dire and Jury Selection:
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£117.56
West Academic Publishing Transnational Civil Litigation: Principles and
Book SynopsisThis text on transnational civil litigation presents the basic legal doctrine within a larger, illuminating conceptual framework. The book organizes the subject around three basic concepts: national sovereignty, individual rights, and political accountability. After highlighting the unique problems of litigation across national boundaries, the book explores the essential role of individual rights, especially due process and human rights. It then examines the role of the political branches of government in enacting the statutes and treaties that govern transnational litigation. These three concepts play out in the following chapters: Introductory chapters on jurisdiction in three different senses: personal jurisdiction; prescriptive jurisdiction (especially extraterritoriality); and federal subject-matter jurisdiction. A chapter on foreign sovereigns as litigants, concerned with sovereign immunity and the act of state doctrine. Two chapters on procedure in pending cases, one on service of process and discovery, and another on parallel proceedings, concerned with forum non conveniens, stays, and anti-suit injunctions. Two final chapters addressed to the resolution of disputes, through recognition of foreign judgments and enforcement of arbitration agreements and awards.
£61.00
American Bar Association The Fine Art of Trial Advocacy: A Young Lawyer’s
Book SynopsisThis book introduces young lawyers to the art of trial advocacy. The author provides a historical context and shares engaging stories of exemplary trial lawyers throughout history. He then walks the reader through the role and qualities of the trial lawyer and presents an in-depth primer on rhetoric and persuasion. Each stage of the trial is considered in depth with examples from real cases.
£84.90
American Bar Association Construction Checklists, Second: A Guide To
Book SynopsisThe construction lawyer regularly faces a wide variety of legal issues, some of which they do not see often in their law practice. Construction lawyers have long used checklists as a quick reference tool for drafting contracts, litigation, and providing advise to clients. The ABA Forum on the Construction Industry has drawn on the expertise of its members to present a unique collection of essential checklists that address the wide-ranging aspects of a construction practice. Construction Checklists: A Guide to Frequently Encountered Construction Issues contains more than 70 checklists, including more than 25 new additions since the 2008 previous edition. Each checklist has been developed to solve a practical need. Checklist topics include: Design Insurance Surety law International transactions Contract administration Labor and employment law Government contracting Bankruptcy Litigation issues, including discovery, opening statements and closing arguments False claims
£165.53
American Bar Association The Online Courtroom: Leveraging Remote
Book SynopsisTable of Contents: Why Take Litigation Online? Disruption and Innovation Views from the Bench Views from Counsel Table Views from the Witness Box Views from the Jury Box Meeting the Technical Challenges of Online Litigation Addressing the Legal Permissibility of Online Litigation Preserving the Representativeness of Jury Pools in Online Trials Online Client and Witness Meetings Taking and Defending Online Depositions Online Arguments to the Court Credibility and Communication in an Online Environment Implementing Technology for Remote Trials Managing Jurors in the Virtual Courtroom from Summons to Deliberation Online Jury Selection Online Testimony Online Use of Trial Exhibits and Demonstratives Instructions for Online Juries Socially Distanced and Online Jury Deliberations The Future of Online Litigation
£125.91
American Bar Association The Class Action Fairness Act: Law and Strategy,
Book SynopsisTable of Contents: Introduction and Overview CAFA in the Congress: The Eight-Year Struggle Whether to Use CAFA Legislative History Is this a Class Action? The Amount in Controversy Under CAFA: Have You Got What it Takes for Federal Court? Numerosity Basics of Minimal Diversity Under CAFA Navigating CAFA’s Exceptions How CAFA Expands Federal Jurisdiction to Include Certain Mass Actions Advanced Procedural and Strategic Considerations on Removal Under CAFA CAFA-Related Appeals CAFA Settlement Provisions
£126.18
American Bar Association Litigating Constructive Trusts
Book SynopsisReviews and Testimonials: “In this treatise, Paul Golden, a brilliant lawyer with a lifelong passion for magic, deftly reveals the equity court’s sleight of hand in converting thieving villains (or commercial adversaries) to trustees—of the constructive sort. In this well ordered and accessible work, Mr. Golden takes the reader behind the scenes and, step by step, walks us through the law and procedure of this otherwise subtle and mystifying area of law. This book should be on the shelves of any serious commercial litigator, or neutral, who might need to open the mystery of this equitable remedy in matters in a variety of substantive arenas.” —Simeon H. Baum, Esq., President, Resolve Mediation Services, Inc. (mediators.com), founding Chair of the NYSBA Dispute Resolution Section, and longstanding trainer of mediators for the NYS Courts’ Commercial Division. “Once a sterling student and now an accomplished appellate lawyer, Paul Golden has written that most improbable of books: an engaging, entertaining, and eminently readable account of constructive trusts. With a surpassing knowledge of the foibles and frauds that have occasioned the use of this most distinctive remedial tool, Golden portrays law (and equity) as an extraordinary response to the passions and pratfalls of ordinary people.” —James E. Pfander, Owen L. Coon Professor, Northwestern Pritzker School of Law Table of Contents: The Basics The First Kind of Constructive Trust: “Transfer to Fiduciary” Variety The Second Kind of Constructive Trust: “Wrongful Act” Variety Unjust Enrichment: A Universal Requirement The Additional Implicit Element: A Specific Res Miscellaneous Pleading Issues Defenses Laws That May Conflict with, or Be Avoid by, Constructive Trust Relief Alternatives to a Constructive Trust Special Benefits of a Constructive Trust Case Trial Issues Appendix A: Sample Complaints Appendix B: Sample Affirmative Defenses and Counterclaims in a Constructive Trust Case Appendix C: Deposition Issues
£127.25
American Bar Association Commercial Mediation Practice Guide: A Practical
Book SynopsisCommercial Mediation Practice Guide: A Practical Handbook for Lawyers and their Business Clients, Third Edition is a revised and expanded version which provides an invaluable and straightforward understanding of key suitability, preparation and advocacy issues in mediation.Table of ContentsTable of Contents: The Commercial Mediation Landscape The Decision to Mediate The Typical Stages of In-Person and Virtual Commercial Mediation The Role of the Mediator Negotiation and Mediation – Overcoming the Barriers to Resolution Preparation Representing the Client in the Mediation The Business Executive’s Role in Mediation Special Topics in Commercial Mediation Case Studies in Commercial Mediation Corporate and Law Firm Dispute Prevention and Resolution Strategies Reflections on How We Got Here
£67.17
American Bar Association The Trial Lawyer’s Guide to the Attorney-Client
Book SynopsisThe Trial Lawyer's Guide to Attorney-Client Privilege and Work-Product Doctrine provides practical guidance to civil trial lawyers in litigating claims of confidentiality for attorney-client communications and attorney work product.Table of ContentsTable of Contents: The Attorney-Client Privilege The Ethics Rule on Confidentiality and How it Differs from the Attorney-Client Privilege The Work-Product Privilege The Common-Interest or Joint-Defense Privilege Exceptions to Privileges Waiver of Privileges Procedural Tools for Litigating Privileges The Attorney-Client Privilege in Organizations Investigations Patent Matters Litigating Attorney-Client Privileges Under the United States Bankruptcy Code and the Federal Rules of Bankruptcy Procedure Communications with Public Relations Consultants Insurance Settings Class Actions Choice of Law Issues
£127.99
American Bar Association International Practitioner's Deskbook Series:
Book SynopsisInternational Litigation Strategies and Practice, Third Edition, is intended as a helpful desk reference for practitioners, both those steeped in international practice and those who have only occasional exposure to the field. It assists them in navigating complex and evolving subject areas, spotting issues, and developing strategies and approaches for effective client representation.This updated and expanded edition provides practitioners with practical skills in important facets of international litigation, including approaches and techniques that often make the difference between effective strategy and wasted effort. It also guides readers to a working understanding of principles and precedents in various aspects of the ever-changing substantive law in international disputes, proceedings, and investigations.Table of ContentsCONTENTS About the Editors vii About the Contributors ix Introduction xxiii PART I: The Essentials CHAPTER 1 Finding the Right Lawyer for the Job Overseas 3 Raquel A. Rodriguez CHAPTER 2 Communicating Effectively with Foreign Clients and Lawyers 21 Barton Legum CHAPTER 3 Litigation in the Civil Law and the Common Law: The Basics 27 George A. Bermann CHAPTER 4 Transnational Litigation and Professional Ethics 39 CHAPTER 5 Introducing Foreign Clients to U.S. Civil Litigation 53 Donald Francis Donovan, Guilherme Recena Costa, Laura Sinisterra, and Justin R. Rassi PART II: Strategy and Practice in International Litigation CHAPTER 6 Finishing before You Start: International Mediation 71 Michael McIlwrath and Elpidio Villarreal CHAPTER 7 Where to Sue: Finding the Most Effective Forum in the World 81 Louise Ellen Teitz CHAPTER 8 Provisional Measures in Cross-Border Cases 115 Jonathan I. Blackman CHAPTER 9 Foreign Antisuit Injunctions 129 José I. Astigarraga and Sujey Herrera CHAPTER 10 Twelve Rules for Obtaining Evidence from Abroad 149 Glenn P. Hendrix CHAPTER 11 A Practitioner’s Guide to Enforcement of Foreign Country Money Judgments in the United States 193 Edward H. Davis Jr. and Christopher A. Noel PART III: Special Forums and Tribunals CHAPTER 12 When to Arbitrate Rather Than Litigate 227 Carolyn B. Lamm and Eckhard R. Hellbeck CHAPTER 13 International Commercial Arbitration: A Primer for U.S. Litigators 251 David W. Rivkin, Christopher K. Tahbaz, and Dietmar W. Prager CHAPTER 14 Investment Treaty Arbitration: An Option Not to Be Overlooked 275 Barton Legum CHAPTER 15 Suing for Torture 285 Beth Stephens CHAPTER 16 International Extradition 307 Nina Marino and Jennifer Lieser CHAPTER 17 Attorney-Client Privilege in the International Sphere 339 Ethan Berghoff and Matthew Thomas CHAPTER 18 The Foreign Corrupt Practices Act: An Overview 365 Theodore Edelman and Alana M. Longmoore CHAPTER 19 Practice before the International Court of Justice 423 Dr. Pieter H. F. Bekker CHAPTER 20 Litigation in the European Court of Human Rights 445 Helen Mountfield, KC CHAPTER 21 Twenty Years of the International Criminal Court 465 David Stoelting Index 489
£140.24
