Download or read book Florida Affirmative Defenses and Procedural Objections with Forms written by Joshua B. Spector and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Florida Affirmative Defenses and Procedural Objections with Forms guides lawyers on evaluating, selecting, pleading, and contending with affirmative defenses and procedural objections in Florida state civil cases. The book surveys nearly 90 affirmative defenses and all of the Rule 1.140(b), Florida Rules of Civil Procedure, motions, along with other defensive motions and procedural objections. Discussion of the defenses include information on elements, notable authority, jury instructions, and more.The book provides useful forms for each affirmative defense and the motions and pleadings discussed. These forms are also available online, ready for editing to suit the unique facts and circumstances of each case.The new edition builds on earlier editions, adding affirmative defenses and case authority and several new forms. With considerably more authority, more in-depth analysis, and even a few graphics, we hope you will find this update valuable to your practice.
Download or read book Florida Affirmative Defenses and Oprocedural Objections written by Joshua B. Spector and published by Daily Business Review. This book was released on 2014-09-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Florida Affirmative Defenses and Procedural Objections guides practitioners on the use, pleading, and application of defenses and procedural objections in Florida state civil cases. In particular, the book surveys common and useful defensive motions and procedural objections to be made during the pleading phase of a case. Further, the book examines and discusses various affirmative defenses, including pleading requirements, jury concerns, and notable authority on each defense. Moreover, and of immediate use, the book provides the practitioner with useful forms for each defense. This edition focuses on the Florida Rules of Civil Procedure and does not delve into the companion rules or differences found in, for example, the Florida Probate Rules or the Florida Family Law Rules of Procedure. One of the goals of this book is to aid practitioners in both identifying useful, pertinent defenses, and also pleading those defenses in a manner that is resistant to attack or dismissal. While many books offer an obligatory section on historical common law considerations, this book hopes to focus on some basic concepts that are assembled not for their historical value but because these concepts guide and shape the case law governing the pleading, striking, and dismissal of affirmative defenses. The last decade witnessed a tremendous spike in foreclosure filings, [1]particularly in Florida.[2] A peculiar side effect of these cases is the proliferation of certain defenses and yet more sophisticated defense-strategies that featured the use of affirmative defenses to prolong the pleading phase of cases and keep trial and resolution at bay. Certainly, dilatory tactics and so-called sand-bagging are as old as the courts. But this decade, in the opinion of the authors, featured a concentrated dose of motion practice that regarded the pleading of affirmative defenses. While the flurry of activity served to educate the judiciary and promote stricter controls on the pleading of affirmative defenses, the lack of understanding about affirmative defenses suffered by many practitioners came to the forefront.
Download or read book Florida Affirmative Defenses and Procedural Objections 2016 written by Joshua Spector and published by Daily Business Review. This book was released on 2015-09-23 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Florida Affirmative Defenses and Procedural Objections 2020 written by Joshua Spector and published by . This book was released on 2019-09-28 with total page 782 pages. Available in PDF, EPUB and Kindle. Book excerpt: Florida Affirmative Defenses and Procedural Objections guides practitioners on the use, pleading, and application of defenses and procedural objections in Florida state civil cases. In particular, the book surveys common and useful defensive motions and procedural objections to be made during the pleading phase of a case. Further, the book examines and discusses various affirmative defenses, including pleading requirements, jury concerns, and notable authority on each defense. Moreover, and of immediate use, the book provides the practitioner with useful forms for each defense. These forms are also available online, so that they may be edited to suit the unique facts and circumstances of each case. For this 2020 edition, we added more than 60 pages of new material, and revised and supplemented the section on personal jurisdiction contests with deeper case law and in-depth discussion of more prongs of Florida's long-arm statute. In Chapter 6, we supplemented the discussion of the affirmative defense of fraud, among others, and added five new defenses: dead and buried doctrine (dissolution of a business entity), independent tort doctrine, necessity (business necessity), sovereign immunity, and way of necessity. With considerably more authority, more in-depth analysis, and even a few graphics, we hope you will find this update valuable to your practice.
Download or read book Florida Affirmative Defenses and Procedural Objections 2017 written by Joshua Spector and published by Daily Business Review. This book was released on 2015-09-23 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Florida Affirmative Defenses and Procedural Objections 2018 written by Joshua Spector and published by Daily Business Review. This book was released on 2017-09-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Florida Affirmative Defenses and Procedural Objections guides practitioners on the use, pleading, and application of defenses and procedural objections in Florida state civil cases. In particular, the book surveys common and useful defensive motions and procedural objections to be made during the pleading phase of a case. Further, the book examines and discusses various affirmative defenses, including pleading requirements, jury concerns, and notable authority on each defense. The book provides the practitioner with useful forms for each defense, which are available in MS Word on a CD-ROM so they can be edited to suit the unique facts and circumstances of each case. NEW! More than 50 pages of new material, including more than 130 new citations and authorities. This edition adds new defenses--including vicarious liability, the Faragher/Ellerth vicarious liability defenses, and the voluntary payment document--as well as new analysis and sections on collateral estoppel, condition precedent (e.g., distinguishing conditions precedent to formation of a contract and to enforcement of a contract), statutes of limitation (e.g., the continuing violation and continuing tort doctrines, the relation-back doctrine), and the implied waiver doctrine.
Download or read book Florida Construction Defect Litigation 2019 written by Gary Brown and published by Daily Business Review. This book was released on 2019-03-28 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: Construction defect claims cover a wide spectrum of issues and can involve multiple parties responsible for both construction and design errors. Florida Construction Defect Litigation covers a variety of topics and issues, including the legal frame-work within which construction defect claims are addressed, typical claims and defenses, contractual considerations, standards of care for contractors and design professionals, the applicability of insurance and surety bonds, the role of experts, arbitration of claims, and finally meditation of construction claims. For: Architects and engineers Developers, owners, and contractors Real estate and construction attorneys Personal injury attorneys Mediators Insurance defense firms Insurance and surety companies Libraries (both legal and public)
Download or read book Florida Pleading Practice Forms written by and published by . This book was released on 1990 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Pattern Jury Instructions written by and published by . This book was released on 1997 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Basic Guide to the National Labor Relations Act written by United States. National Labor Relations Board. Office of the General Counsel and published by U.S. Government Printing Office. This book was released on 1997 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Art of Cross examination written by Francis Lewis Wellman and published by . This book was released on 1904 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Representing Yourself in Federal Court written by United States Disctrict Court and published by Createspace Independent Publishing Platform. This book was released on 2017-08-04 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook is designed to help people dealing with civil lawsuits in federal court without legal representation. Proceeding without a lawyer is called proceeding "pro se1," a Latin phrase meaning "for oneself," or sometimes "in propria persona," meaning "in his or her own person." Representing yourself in a lawsuit can be complicated, time consuming, and costly. Failing to follow court procedures can mean losing your case. For these reasons, you are urged to work with a lawyer if possible. Chapter 2 gives suggestions on finding a lawyer. Do not rely entirely on this Handbook. This Handbook provides a summary of civil lawsuit procedures, but it may not cover all procedures that may apply in your case. It also does not teach you about the laws that will control your case. Make sure you read the applicable federal and local court rules and do your own research at a law library or online to understand your case. The United States District Court for the Northern District of California has Clerk's Offices in the San Francisco, San Jose and Oakland courthouses. Clerk's Office staff can answer general questions, but they cannot give you any legal advice. For example, they cannot help you decide what to do in your lawsuit, tell you what the law means, or even advise you when documents are due. There are Legal Help Centers in the San Francisco, Oakland and San Jose courthouses where you can get free help with your lawsuit from an attorney who can help you prepare documents and give limited legal advice. This attorney will not be your lawyer and you will still be representing yourself. See Chapter 2 for more details.
Download or read book An Outline of Law and Procedure in Representation Cases written by United States. National Labor Relations Board. Office of the General Counsel and published by . This book was released on 1995 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Bench Book written by United States. National Labor Relations Board. Division of Judges and published by Government Printing Office. This book was released on 2001 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Trial Manual 6 for the Defense of Criminal Cases 2019 Supplement written by Anthony G. Amsterdam and published by . This book was released on 2019-10 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Jury Trial Innovations written by G. T. Munsterman and published by . This book was released on 1997 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Deposing and Examining Employment Witnesses written by Tod F. Schleier and published by . This book was released on 2007-10 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: To make it easy for you to prepare for a particular deposition or examination, the book is organized by witness. Each witness-specific section delivers: (1) trial-tested strategies and arguments, (2) model deposition questions specific to cause of action and annotated with tactics, (3) checklists and tactics for direct and cross examinations, with extensive examples sprinkled with practice tips, and (4) summary checklists of the important points that should be inquired into for each cause of action. Tools and advice are provided for both employee and management attorneys.Mastering the art of questioning employment witnesses is a career-long process.It can take dozens of years in the courtroom to learn how to persuasively: (1) demonstrate that reasonable economists can disagree, (2) compel an adverse witness to ratify your position, and (3) contradict a manager or plaintiff on an important fact.Tod Schleier's Deposing & Examining Employment Witnesses will take years off your learning curve. It is filled with practical strategies, examples, tactics, and tips for successful questioning and other essential elements of employment advocacy.
