Sit back and enjoy a collection of verbatim exchanges from the halls of justice, where defendants and plaintiffs, lawyers and witnesses, juries and judges, collide to produce memorably insane comedy.
A: You mumbled on the first part of that and I couldn't understand what you were saying. Could you repeat the question?
Q: I mumbled, did I? Well, we'll just ask the court reporter to read back what I said. She didn't indicate any problem understanding what I said, so obviously she understood every word. We'll just have her read my question back and find out if there was any mumbling going on. Madam reporter, would you be so kind?
Court Reporter: Mumble, mumble, mumble, mumble, mumble.
Have you ever had the chance to decide the fate of another person? What would you do? In the real-life cases presented to you in this book, you will be the judge and the jury - making the ultimate decision between right and wrong.Can you convict an abused woman who kills her husband because she is afraid he will beat her again? What about a man who helps his best friend commit suicide to avoid a painful death? Would you allow a feeding tube to be removed from a 92-year-old coma victim so she can die peacefully?
Put yourself in the place of the judge or one of the jurors as you read the details of each case. Many of these trials raise questions that go beyond the law to the heart of one's own moral code.
At the end of each case, after rendering your own verdict, you can read on to find out what really happened.
THE CASE IS NOW IN YOUR HANDS.
In this updated fifth edition, Peter Hoffman carries on the tradition he and his co-author, the late David Malone, established of using their expertise as attorneys and educators to bring you critical information and insight. Hoffman explains new discovery rules in evidence and civil procedure, and discusses the impact of continuing technological developments, including e-discovery and digital transcription, on your practice. This edition cites to the Federal Rules of Civil Procedure, as amended to December 2017.
Depositions remain a critical element of your practice, regardless of whether you face trial or alternative dispute resolution. With the increasing trend toward non-trial resolutions, depositions are being used more and more in motions, negotiated settlements, mediations, arbitrations, and dismissals. Be prepared for it all with The Effective Deposition.
No right seems more fundamental to American public life than freedom of speech. Yet well into the twentieth century, that freedom was still an unfulfilled promise, with Americans regularly imprisoned merely for speaking out against government policies. Indeed, free speech as we know it comes less from the First Constitutional Amendment than from a most unexpected source: Supreme Court justice Oliver Wendell Holmes. A lifelong skeptic, he disdained all individual rights, including the right to express one's political views. But in 1919, it was Holmes who wrote a dissenting opinion that would become the canonical affirmation of free speech in the United States.
Why did Holmes change his mind? That question has puzzled historians for almost a century. Now, with the aid of newly discovered letters and confidential memos, law professor Thomas Healy reconstructs in vivid detail Holmes's journey from free-speech opponent to First Amendment hero. It is the story of a remarkable behind-the-scenes campaign by a group of progressives to bring a legal icon around to their way of thinking—and a deeply touching human narrative of an old man saved from loneliness and despair by a few unlikely young friends.
Beautifully written and exhaustively researched, The Great Dissent is intellectual history at its best, revealing how free debate can alter the life of a man and the legal landscape of an entire nation.
A Kirkus Reviews Best Nonfiction Book of 2013
From Citizens United to its momentous rulings regarding Obamacare and gay marriage, the Supreme Court under Chief Justice John Roberts has profoundly affected American life. Yet the court remains a mysterious institution, and the motivations of the nine men and women who serve for life are often obscure. Now, in Uncertain Justice, Laurence Tribe and Joshua Matz show the surprising extent to which the Roberts Court is revising the meaning of our Constitution.
This essential book arrives at a make-or-break moment for the nation and the court. Political gridlock, cultural change, and technological progress mean that the court's decisions on key topics—including free speech, privacy, voting rights, and presidential power—could be uniquely durable. Acutely aware of their opportunity, the justices are rewriting critical aspects of constitutional law and redrawing the ground rules of American government. Tribe—one of the country's leading constitutional lawyers—and Matz dig deeply into the court's recent rulings, stepping beyond tired debates over judicial "activism" to draw out hidden meanings and silent battles. The undercurrents they reveal suggest a strikingly different vision for the future of our country, one that is sure to be hotly debated.
Filled with original insights and compelling human stories, Uncertain Justice illuminates the most colorful story of all—how the Supreme Court and the Constitution frame the way we live.
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 ContentsWhat 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
First outlining the sources and instruments — and limitations — of judicial power, the author then shows how policy-oriented justices might take advantage of their power positions to maximize their impact on the formation and execution of public policy. In this book Walter F. Murphy attempts to understand how, under the limitations which the American legal and political systems impose, Supreme Court justices can legitimately act to further their policy objectives. Murphy also considers ethical issues raised by the model of judicial decision-making he describes. Throughout, systematic analysis is supported by prodigious research and fascinating real-world examples over the years and in very different judicial administrations.
The new ebook edition of this foundational work features quality digital formatting, active Contents, linked footnotes and endnotes, and fully linked tables of cases and subject-matter index. Also available in 2016 hardcover and paperback editions from Quid Pro Books.
In Vaccine Court, Anna Kirkland draws on the trials of the vaccine court to explore how legal institutions resolve complex scientific questions. What are vaccine injuries, and how do we come to recognize them? What does it mean to transform these questions into a legal problem and funnel them through a special national vaccine court, as we do in the U.S.? What does justice require for vaccine injury claims, and how can we deliver it? These are highly contested questions, and the terms in which they have been debated over the last forty years are highly revealing of deeper fissures in our society over motherhood, community, health, harm, and trust in authority. While many scholars argue that it’s foolish to let judges and lawyers decide medical claims about vaccines, Kirkland argues that our political and legal response to vaccine injury claims shows how well legal institutions can handle specialized scientific matters. Vaccine Court is an accessible and thorough account of what the vaccine court is, why we have it, and what it does.
Prosecutors and defense attorneys have it easy—all they have to do is to present the evidence and make arguments. It’s the judges who have the heavy lift: they are the ones who have to make the ultimate decisions, many of which have profound consequences on the lives of the people standing in front of them.
In Tough Cases, judges from different kinds of courts in different parts of the country write about the case that proved most difficult for them to decide. Some of these cases received international attention: the Elián González case in which Judge Jennifer Bailey had to decide whether to return a seven-year-old boy to his father in Cuba after his mother drowned trying to bring the child to the United States, or the Terri Schiavo case in which Judge George Greer had to decide whether to withdraw life support from a woman in a vegetative state over the wishes of her parents, or the Scooter Libby case about appropriate consequences for revealing the name of a CIA agent. Others are less well-known but equally fascinating: a judge on a Native American court trying to balance U.S. law with tribal law, a young Korean American former defense attorney struggling to adapt to her new responsibilities on the other side of the bench, and the difficult decisions faced by a judge tasked with assessing the mental health of a woman who has killed her own children.
Relatively few judges have publicly shared the thought processes behind their decision making. Tough Cases makes for fascinating reading for everyone from armchair attorneys and fans of Law and Order to those actively involved in the legal profession who want insight into the people judging their work.
When every other method to collect has failed, a small claim is the right remedy to seek. If you're looking at either prosecuting or defending in a small claims court, with or without an attorney, the information presented in Filing & Winning Small Claims For Dummies is indispensable.
The nuances of small claims courts vary from state to state, but the basic approach in preparing and presenting a small claims case is extremely uniform no matter where you are. Regardless of state or circumstance, you can find, trust, and use the info in Filing & Winning Small Claims For Dummies to prepare yourself for your court date. You'll find everything you need to know including establishing a case, settling or mediating a dispute, fees, applications, and other paperwork, statues of limitations, securing witnesses and experts, preparing for court, filing for appeal, case studies and more. Filing & Winning Small Claims For Dummies also includes the most current information and resources on specific laws, statues, dollar limits, and procedures.Includes the most current information and resources on specific laws, statues, dollar limits, and procedures Offers practical information on securing witnesses and experts Complemented with real-world examples of small claims court cases
If you're headed to small claims court, either as a plaintiff or a defendant, you'll want Filing & Winning Small Claims For Dummies in your corner!
This classic volume, first published in 1928, originated in a series of articles written by Frankfurter, then a professor of law at Harvard University, and his student, Landis, for the Harvard Law Review. These articles chronicled and analyzed the many judiciary acts that were passed between 1789 and 1925, and illuminated the intimate connection between form and substance in the life of American law. For instance: When a community first decided to enact zoning laws--the Supreme Court had to approve. When the United States made a treaty with Germany following World War I--the Supreme Court had to define the limits and meaning of the treaty.
Newly reissued with an introduction by constitutional expert Richard G. Stevens, The Business of the Supreme Court is still as fresh and relevant today as it was when first published. It is a work that will aid the student of the law to both love the law and remain true to its purposes.