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In this fifth edition of his bestselling classic, Jay Feinman provides an authoritative and up-to-date overview of the American legal system. In the years since the publication of the fourth edition, there have been many important developments on the legal front. The Supreme Court has issued important decisions on presidential powers, freedom of religion, and personal liberty. Police shootings and the rise of Black Lives Matter has impacted the court system too. The rise of arbitration at the expense of jury trials has affected the rights of consumers, and internet law remains in a state of constant change. This fully updated fifth edition of Law 101 accounts for all these developments and more, as Feinman once again provides a clear introduction to American law. The book covers all the main subjects taught in the first year of law school, and discusses every facet of the American legal tradition, including constitutional law, the litigation process, and criminal, property, and contracts law. To illustrate how the legal system works, Feinman draws from noteworthy, infamous, and even outrageous examples and cases. We learn about the case involving scalding coffee that cost McDonald's half a million dollars, the murder trial in Victorian London that gave us the legal definition of insanity, and the epochal decision of Marbury vs. Madison that gave the Supreme Court the power to declare state and federal law unconstitutional. A key to learning about the law is understanding legal vocabulary, and Feinman helps by clarifying terms like "due process" and "equal protection," as well as by drawing distinctions between terms like "murder" and "manslaughter." Above all, Feinman reveals to readers of all kinds that despite its complexities and quirks, the law can be understood by everyone. Perfect for students contemplating law school, journalists covering legislature, or even casual fans of "court-television" shows, Law 101 is a clear and accessible introduction to the American legal system.
Now in its third edition, this popular Handbook has been your go-to guide to the fundamentals of occupational safety and health law for over a decade. This new edition provides an authoritative and up-to-date reference that you count on for its reliable information and straightforward explanation. Each chapter is written by a highly respected attorney who is an expert in the field. Yet the book is written without legal jargon, in plain English that anyone can understand. In it, the authors provide interpretations of many facets of the Occupational Safety and Health Act, review regulations and standards governing employee protection, and offer advice for dealing with regulatory authorities.

The Handbook covers all of the important legal aspects of the Occupational Safety and Health Act with clearly written explanations of such issues as the boundaries of OSHA regulations, general administrative law concepts, and OSHA's enforcement tactics. It provides “Practitioner's Tips”—useful legal guidance given by experienced attorneys for complying with OSHA inspection regulations and enforcing employers' and employees' rights during inspections. It describes changes to the probable cause test under OSHA's “Warrant Requirement.” It also explains the legal and practical consequences facing a business not contesting OSHA citations, OSHA's use of “Monitoring Devices on Employees,” and more. This new edition covers major changes to the Hazard Communication Standard, new enforcement initiatives, updated regulations in the construction industry, new emergency response procedures, and more.
The way a crime is defined is through criminal investigation. Criminal investigation is a multi-faceted effort that involves the study of facts presented by a criminal act or pattern of criminal conduct. These facts are then used to identify, locate and prove the guilt or innocence of a person or persons. Criminal investigation is usually carried out by a law enforcement agency using all of the resources available to discover, locate or establish evidence proving and verifying the relevant facts for presentation to a Court or other judicial authority.

But how are these facts discovered? What resources do law enforcement use to uncover them? What is the process for a successful criminal investigation? In fact, how can we even define what is “criminal” in the first place? Daniel A. Reilly answers all these important questions, while providing the step by step process to gather facts, information, data, and evidence.

Finding the Truth with Criminal Investigation is intended to answer all of the questions of who, what, where, when, why and how a violent crime occurred and/or was committed. It is intended for students in the field of criminal justice who wish to become criminal investigators – exposing them to the tools and processes needed to conduct a proper criminal investigation, but also real-life of working to support others as a team. Reilly spent a great deal of his professional life working on homicide cases, and he offers students his expertise in criminal investigation by successfully incorporating real-world context throughout this book.
The increasing litigation against criminal justice practitioners in the United States poses a significant problem for law enforcement and other personnel. Law enforcement and corrections professionals need to have a working knowledge of both criminal law and the civil law process to ensure that they are performing their duties within the limits of the law. Civil Liability in Criminal Justice, 7th Edition, provides valuable information and recommendations to current and future officers and correctional system employees, introducing them to civil liability and federal law, as well as recommending strategies that can be taken to minimize risks.

Civil Liability in Criminal Justice

is unique in its combination of applicable case law and related liability research, while still providing an overview of current case law in high-liability areas. This new edition, revised to include up-to-date United States Supreme Court cases, including liability trends on the use of force, arrest-related deaths, custodial suicides in detention, qualified immunity, and the outcomes of the Department of Justice and the application of Section 14141, additional context for liability issues, and extended coverage of collective bargaining and public perception, is a valuable resource for enhancing student knowledge and practitioner job performance.

The text is suitable for undergraduate and graduate courses in Criminal Justice programs as well as for in-service and academy training. Ross offers an engaging, accessible introduction to this aspect of the US criminal justice system.

 This guide is arranged chronologically and will take you step by step through the entire process of suing an individual or a company in small claims court to get the compensation you deserve. 

You will learn about the Small Claims Court system and how to go about filing your complaint.  You will also learn about how to prepare for your case, what to and what not to do in court and how to collect compensation from the individual or company you sue.

Table of Contents

What Are You Going To Learn?Your Main ObjectivesWhat If You Don’t Win in Small Claims Court?Research, Execute & PrepareWhat is a Small Claims Court?How Much Can You Sue for and When Can You File?Where to File?Some Additional Tips on Where to FileDon’t be Afraid of Making MistakesConsidering the Small Claims CourtTry to Resolve Your Issue on Your Own FirstHow to Resolve Your Issue?Make Google Your Best FriendSpend Time on the Company WebsiteWhy Is It Important to Research the Company Online?Make Your Intentions Clear & File a Complaint LetterThe Statute of LimitationsDo You Have a Case Worthy of Pursuit?Ready to File?Naming Companies & Individuals InvolvedExecution – The Nitty Gritty Grungy WorkWhere to Get Complaint Forms?Additional FormsWhat to Fill In the Plaintiff Section?What to Fill In the Defendant Section?Address the Complaint to Registered AgentsWhat Are You Seeking?Filing Your Complaint Paperwork & Dealing With ClerksWho Serves the Agent?What if the Defendant Ignores Your Efforts?Settling Your CaseDefault JudgmentGetting a Court DateWhat If the Defendant Sues You Back?Preparing For The JudgeAdvanced PreparationArranging Your WitnessesArranging for Court ReportersBefore You Leave the Court after Your First VisitWhat if You Have an Emergency on Your Hearing Date?Your Behavior in CourtWhat to Expect When Called to Present Your CaseWhat to Do When the Defendant Presents their Side?Concluding the Court HearingWhen Do You Find Out About the Decision?What If You Don’t Agree With the Court’s Decision?Appealing the Court’s DecisionWhat You Should Know About Appealing?Compensation OptionsConclusionNotes

Senate Bill 863 (SB 863) and Senate Bill 899 (SB 899) have taken the California workers' compensation industry by storm, revolutionizing the way permanent disability is determined along with changes in apportionment of disability. Now that the 5th Edition of the AMA Guides to the Evaluation of Permanent Impairment is the gold standard as the first step to determine permanent disability in California, the claims, legal, and judicial participants in the workers' compensation system need their own guidance on the use of the AMA Guides in these cases. The Lawyer's Guide to the AMA Guides and California Workers' Compensation, by Robert G. Rassp, is the only practical guide to help you calculate and understand permanent disability ratings under SB 899 and the AMA Guides.

Workers' compensation claims involving the AMA Guides will emerge that hinge on the proper use, misuse, or under-use of the Guides and on the causation of permanent disability under the apportionment statutes and developing case law. The Lawyer's Guide to the AMA Guides and California Workers' Compensation will assist you in the proper use of the AMA Guides and thus enable you to determine whether a medical report constitutes substantial evidence. In addition, there are some observations about the AMA Guides that are intended to assist you in learning and understanding them and to help you formulate questions to doctors about them.

The Lawyer's Guide to the AMA Guides and California Workers' Compensation is organized as follows:

• Chapter 1 contains definitions of common terms and a list of acronyms along with explanatory material, as well as a list of common medical conditions by AMA Guides chapter.

• Chapter 2 covers the effects of SB 899 and SB 863 reform legislation and the application of the AMA Guides to California workers' compensation cases. This chapter teaches you how to do a rating string under the 2005 PDRS and 2013 PDRS.

• Chapter 3 is a chapter-by-chapter analysis of the AMA Guides.

• Chapter 4 contains examples of AMA compliant and non-AMA compliant medical reports and a discussion about developing the record to establish accurate WPI ratings under the AMA Guides 5th Edition.

• Chapter 5 provides a summary of how SB 863 affects your law practice, including changes in the law that affect permanent disability payments, supplemental job displacement benefits and the Return To Work fund. Some examples of how to rate specific types of injuries are included.

• Chapter 6 contains summaries of cases and WCAB panel decisions relating to the AMA Guides, the 2005 PDRS, and apportionment, along with expert commentary.

• Chapter 7 provides a framework for discovery in cases that involve the AMA Guides and covers medical-legal issues related to rebutting a strict impairment rating under the AMA Guides 5th edition.

• Chapter 8 provides medical information every lawyer and judge should know about specific parts and regions of the body we commonly see in our cases.

• Chapter 9 provides a detailed discussion of psychiatric injuries—how they are now diagnosed under the DSM-5, how and when they can be rated for permanent impairment, possible alternative rating methods not using the GAF scale, and apportionment issues.

• Appendix A contains the 2005 PDRS, which is reprinted in full for your convenience. Note: Until the Administrative Director adopts an official 2013 PDRS, SB 863 mandates reference to the adjustments for occupation and age in the 2005 PDRS.

• Appendix C updated "money charts" (permanent disability rates) for quick reference. We thank Jay Shergill, Esq. for allowing us to reprint his latest tables in our publication.

• The Index is organized by topic and helps you quickly find what you need in this guidebook.
In Strong Advocate, Thomas Strong, one of the most successful trial lawyers in Missouri’s history, chronicles his adventures as a contemporary personal injury attorney. Though the profession is held in low esteem by the general public, Strong entered the field with the right motives: to help victims who have been injured by defective products or through the negligence of others. As a twelve-year-old in rural southwest Missouri during the Great Depression, Strong bought a cow, then purchased others as he could afford them, and eventually financed his education with the milk he sold. After graduating law school and serving in the Army’s Counter Intelligence Corps, he rejected offers to practice in New York and San Francisco and returned to his hometown of Springfield. Strong exhibited his lifelong passion to represent the underdog early in his practice, the “trial by ambush” days when neither side was required to disclose witnesses or exhibits. He quickly became known for his audacious approach to trying cases. Tactics included asking a friend to ride on top of a moving car and hiring a local character called “Crazy Max” to recreate an automobile accident. One fraud case ended with Strong owning a bank and his opponent going to prison. When he sued a labor union for the wrongful death of his client’s spouse, he found his own life threatened. With changes in the law that allowed discovery of information from an opponent’s files as well as the exhibits and witnesses to be used at trial, Strong and fellow personal injury attorneys forced a wide array of manufacturers to produce safer products. When witnesses of a terrible collision claimed both roadways had green lights simultaneously, Strong purchased the traffic light controller. After three months of continuous testing at a university, the controller failed, showing four green lights, and Strong learned that fail-safe devices were available but had not been implemented. These fail-safe devices are now standard on traffic lights throughout the country. In his last venture, Strong represented the state of Missouri in its case against the tobacco industry, culminating in a settlement totaling billions of dollars. He reflects on the changes—not always for the better—in his oft-maligned profession since he entered the field in the 1950s. Thomas Strong’s story of tenacity, quick wits, and humor demonstrates what made him such a creative and effective attorney. Lawyers and law students can learn much from this giant of the bar, and all readers will be entertained and heartened by his victories for the everyman.
Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.
The gripping story of one American lawyer’s obsessive crusade—waged at any cost—against Big Oil on behalf of the poor farmers and indigenous tribes of the Amazon rainforest.

Steven Donziger, a self-styled social activist and Harvard educated lawyer, signed on to a budding class action lawsuit against multinational Texaco (which later merged with Chevron to become the third-largest corporation in America). The suit sought reparations for the Ecuadorian peasants and tribes people whose lives were affected by decades of oil production near their villages and fields.  During twenty years of legal hostilities in federal courts in Manhattan and remote provincial tribunals in the Ecuadorian jungle, Donziger and Chevron’s lawyers followed fierce no-holds-barred rules. Donziger, a larger-than-life, loud-mouthed showman, proved himself a master orchestrator of the media, Hollywood, and public opinion. He cajoled and coerced Ecuadorian judges on the theory that his noble ends justified any means of persuasion. And in the end, he won an unlikely victory, a $19 billion judgment against Chevon--the biggest environmental damages award in history.  But the company refused to surrender or compromise. Instead, Chevron targeted Donziger personally, and its counter-attack revealed damning evidence of his politicking and manipulation of evidence. Suddenly the verdict, and decades of Donziger’s single-minded pursuit of the case, began to unravel.   
 
Written with the texture and flair of the best narrative nonfiction, Law of the Jungle is an unputdownable story in which there are countless victims, a vast region of ruined rivers and polluted rainforest, but very few heroes.
Long accepted as the standard code of Jewish law and practice, the Shulhan Aruch was written by Rabbi Joseph Karo in 1565. Now, in an unprecedented restatement of Hoshen haMishpat, one of the four sections of the Shulhan Aruch, Rabbi Emanuel Quint brings fresh insight, modern scholarship, and succinct explication to this brilliant halachic work that will fascinate the educated layperson and advanced scholar alike. With this effort, Rabbi Quint fills the long-felt need to make this material more accessible. A Restatement of Rabbinic Civil Law: Volume IX - Laws of the Paid Bailee; Laws of the Lessee; Laws Regarding Labor; Laws Regarding Borrowed Objects; Laws Regarding Stealing; Laws Regarding Robbery; Laws of Abiding by the Laws of the Land, continues to open the Shulhan Aruch to the wider audience it deserves. Rabbi Quint, the co-founder of the Jerusalem Institute of Jewish Law, an institute dedicated to the study and dissemination of Jewish civil law, brings his professional expertise to bear on the vast array of Jewish legal processes, procedures and practices encoded here. The reader may be surprised to discover that such a meticulous legal--yet not overly religious--system fits under the category of Jewish law. And yet it does, clearly illustrating that Judaism is not only a religion, but also a culture and community. Beyond a translation, A Restatement of Rabbinic Civil Law provides the author's own commentary and also incorporates the four centuries of scholarship since the Shulhan Aruch was written, including commentaries and responsa literature. Ample footnotes help guide the reader every step of the way. The result is a comprehensive, well-organized body of rabbinic jurisprudence available to the English reader for the first time. If the Shulhan Aruch can be said to be the distilled essence of Jewish law, then A Restatement of Rabbinic Civil Law triumphs as a major judicial-literary landmark of its own.
Florida Real Property Litigation provides invaluable statutory and case analysis, pleading forms, and practice pointers. This essential reference examines a broad range of topics, including access and eviction, foreclosure of mortgages and liens, boundary and title problems, and covenants and easements, and features an entire chapter devoted to successful recovery of attorneys' fees in real property disputes.

To further aid the practitioner, the text incorporates over 100 forms and checklists to guide you through efficient and effective litigation.

Highlights of the new 9th Edition include:Discussion of 2018 Florida Legislature’s substantial amendments to F.S. Chapter 66, governing ejectments, (1) authorizing a person with a superior right to possession of real property to recover possession by ejectment; (2) providing that a person entitled to possession of real property has a cause of action to regain possession from another person who obtained possession of real property by forcible entry, unlawful entry, or unlawful detainer; (3) requiring that the court determine the right of possession and damages; and (4) prohibiting a governmental entity from adopting or keeping in effect certain ordinances and rules based on customary use, etc. Ch. 2018-94, § 1, Laws of Fla.Discussion of newly enacted F.S. 82.05, title “Service of Process,” establishing how a demand for possession should be served in a cause of action of ejectment.Discussion of the Florida Supreme Court’s decision in Bolettierei Resort Villas Condominium Ass’n, Inc. v. Bank of New York Mellon, 228 So.3d 72 (Fla. 2017), ending the debate over the application of the statute of limitations for foreclosure actions, holding that the statute of limitations begins to run upon acceleration (and not a missed payment), and a second foreclosure on the same loan is permitted, provided the default alleged in the second action is within the five-year limitations period.Discussion of the judicial split regarding whether a circuit court has subject matter jurisdiction to adjudicate an independent deficiency action when a plaintiff requests deficiency relief in its complaint in a separate foreclosure action involving the same note and the foreclosure court enters a final judgment reserving jurisdiction to grant deficiency relief.Discussion of restrictive covenants and, on a matter of first impression, the court in Santa Monica Beach Property Owners Ass’n, Inc. v. Acord, 219 So.3d 111 (Fla. 1st DCA 2017), addressing the interesting and increasingly prevalent trend involving property owners renting their property for short-term vacation rentals, using services such as Airbnb.Discussion of access to property by nonowners and, on a matter of first impression, whether the presence of a “No Soliciting” sign, placed on the front porch of private property, negates the government’s authority to access the private property. State v. Crowley, 232 So.3d 473 (Fla. 1st DCA 2017).Discussion of determination of liability under Bert J. Harris, Jr., Private Property Rights Protection Act and Florida Supreme Court’s decision in Hardee County v. FINR II, Inc., 221 So.3d 1162 (Fla. 2017), holding that owners whose property has not been directly acted upon by a governmental entity may not state a claim under the Act.
For access to the video case studies included with the purchase of this ebook, please contact customer support at customer.service@wolterskluwer.com.

This widely-adopted, all-original book was the first in the field to combine complete analysis of the mediation process with integrated video case studies illustrating the full range of mediation skills. Engaging text is keyed to seven hours of online video, featuring three different cases, all based on actual disputes: a child custody case, a small claims consumer dispute, and a complex negligence suit. These unscripted mediations were conducted by mediators and lawyers with a variety of backgrounds and styles. The video includes an extended comparative example of facilitative and evaluative mediation of the same matter. The integration of text and video in The Practice of Mediation: A Video-Integrated Text, Third Edition enriches students’ understanding and allows classroom and clinical instruction to proceed more rapidly and on a far more sophisticated level.

New to the Third Edition:

New end-of-chapter problems to aid assessment of student learning New or expanded coverage of biases and their impact on negotiators; pre-mediation contacts with parties; and increasing mediator use of caucuses to open the process Newly designed problems on the ethics of mediating New video clips on mediator influence and persuasion

Professors and students will benefit from:

Practice- and research-based analysis of negotiations and why they fail Contextualized model of the role and effective skills of the mediator, applicable across the entire range of disputes Exploration of fundamental norms of the process and, through real case problems, the ethics of mediating Video and case-based introduction to the role and skills of representing a client in mediation
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