Download or read book Lawmap in Tort Law written by Cavendish and published by Routledge Cavendish. This book was released on 2005-03-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Each subject is broken down and presented on an easy-to-use fold out 'map'. The maps use spider-diagrams and flowcharts to provide a concise, authoritative revision accessory, giving the student an at-a-glance tool for understanding how the different topics within each subject are connected. The maps can be pinned to walls to make the revision process easier. Students will find that these maps are an invaluable aid in their research, in encouraging creative thinking and in providing solutions to problem questions.

Download or read book The Law of Torts written by Joseph W. Glannon and published by Aspen Publishers. This book was released on 2000 with total page 602 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new edition of the number one study aid in Torts gives students even more assistance while continuing to uphold the standard of quality applauded by instructors nationwide. THE LAW OF TORTS: Examples & Explanations, Second Edition, provides the same kind of clear and engaging introductions to essential principles that made its predecessor such a lifesaver for first-year students. This paperback study guide demystifies the field through: the recognized teaching skills of its author - Joseph Glannon's best-selling CIVIL PROCEDURE: Examples & Explanations established the style of this series and secured his reputation among students as the author who makes complicated subjects understandable. a uniquely entertaining, conversational style coverage that parallels the standard casebook: intentional torts, negligence, causation, duty, damages, liability of multiple defendants, And The effect of the plaintiff's conduct extraordinarily well-crafted examples that apply legal concepts to particular fact situations a 'one-step-at-a-time' approach that begins with the basics and gradually builds students' analytical skills, knowledge, and confidence Significant changes For The Second Edition include: a brand-new, three-chapter section on Taking a Torts Essay Exam that addresses potential pitfalls and includes guidance, tips, sample exam questions and answers an expanded discussion of causation for greater clarity and accessibility new citations reflecting the most current law new examples and explanations throughout the text Help students enhance their understanding of Torts with THE LAW OF TORTS: Examples & Explanations, Second Edition. Recommend it to your students today! Also by Glannon: Civil Procedure: Examples & Explanations and don't forget Glannon's popular audio program: Fireside Civil Procedure: An Audio Companion

Download or read book Principles of Tort Law written by Marshall S. Shapo and published by West Academic Publishing. This book was released on 2003 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: Clear and concise summary on the rules courts use to solve questions. To enhance understanding, this text explains the reasoning and policies underlying the rules. Professor Shapo selects colorful examples from an enormous variety of cases he has studied and relates the principles of law to understandable real-life situations.

Download or read book Torts in a Nutshell written by Edward J. Kionka and published by West Academic Publishing. This book was released on 2005 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This Nutshell provides a comprehensive explanation of the basic principles and rules of American tort law as it exists today. This Nutshell has been used for over twenty-five years by law students, law graduates preparing for the bar exam, and others seeking an overview of tort topics. Coverage includes intentional torts and defenses, negligence and its defenses, strict liability, special liability rules for particular activities (such as landowners? liability, products liability, employers, employees, and contractors, and others), damages, the relation between tort and contract, immunities, survival and wrongful death, defamation, privacy, and misrepresentation. The introductory chapter provides background on the definitional dilemma; functions, goals and justifications of tort law; the evolution of tort law; and the roles of judges and juries. Citations to the Restatement of Torts are included. Discussions frequently include not only the rule but also its rationale for a clearer understanding and to aid memory."

Download or read book Tort Theory written by Kenneth D. Cooper-Stephenson and published by Captus Press. This book was released on 1993 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Tort Law in Poland written by Ewa Bagińska and published by Kluwer Law International B.V.. This book was released on 2022-08-20 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in Poland. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in Poland. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.

Download or read book Law School Confidential Revised written by Robert H. Miller and published by Macmillan. This book was released on 2007-04-01 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law School Confidential is written for students about to embark on this three-year odyssey by students who have successfully survived. It demystifies the life-altering thrill ride that defines an American legal education by providing a comprehensive, blow-by-blow, chronological account of what to expect. It arms students with a thorough overview of the contemporary law school experience. This isn't the advice of graying professors or battle-scarred practitioners decades removed from law school. Miller has assembled a panel of recent graduates to act as "mentors", all of whom are perfectly positioned to shed light on what law school is like today. From taking the LSAT, to securing financial aid, to navigating the notorious first semester, to taking exams, to applying for summer internships, to getting on the law review, to tackling the bar and beyond...this book explains it all.

Download or read book Law School Confidential written by Robert H. Miller and published by St. Martin's Griffin. This book was released on 2015-11-16 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: I WISH I KNEW THEN WHAT I KNOW NOW! Don't get to the end of your law school career muttering these words to yourself! Take the first step toward building a productive, successful, and perhaps even pleasant law school experience—read this book! Written by students, for students, Law School Confidential has been the "must-have" guide for anyone thinking about, applying to, or attending law school for more than a decade. And now, in this newly revised third edition, it's more valuable than ever. This isn't the advice of graying professors or battle-scarred practitioners long removed from law school. Robert H. Miller has assembled a blue-ribbon panel of recent graduates from across the country to offer realistic and informative firsthand advice about what law school is really like. This updated edition contains the very latest information and strategies for thriving and surviving in law school—from navigating the admissions process and securing financial aid, choosing classes, studying and exam strategies, and securing a seat on the law review to getting a judicial clerkship and a job, passing the bar exam, and much, much more. Newly added material also reveals a sea change that is just starting to occur in legal education, turning it away from the theory-based platform of the previous several decades to a pragmatic platform being demanded by the rigors of today's practices. Law School Confidential is a complete guide to the law school experience that no prospective or current law student can afford to be without.

Download or read book Risks and Wrongs written by Jules L. Coleman and published by CUP Archive. This book was released on 1992-11-27 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jules Coleman discusses the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety.

Download or read book Chitty s Law Journal and Family Law Review written by and published by . This book was released on 1995 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Oxford Handbook of Legal Studies written by Peter Cane and published by Oxford University Press, USA. This book was released on 2005 with total page 1071 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a widely acessible overview of legal scholarship at the dawn of the 21st century. Through 43 essays by leading legal scholars based in the USA, the UK, Australia, New Zealand, Canada, and Germany, it provides a varied and stimulating set of road maps to guide readers through the increasingly large and conceptually sophisticated body of legal scholarship. Focusing mainly, though not exclusively, on scholarship in the English language and taking an international and comparative approach, the contributors offer original and interpretative accounts of the nature, themes, and preoccupations of research and writing about law. They then go on to consider likely trends in scholarship in the next decade or so.

Download or read book Legal Design written by Corrales Compagnucci, Marcelo and published by Edward Elgar Publishing. This book was released on 2021-10-21 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative book proposes new theories on how the legal system can be made more comprehensible, usable and empowering for people through the use of design principles. Utilising key case studies and providing real-world examples of legal innovation, the book moves beyond discussion to action. It offers a rich set of examples, demonstrating how various design methods, including information, service, product and policy design, can be leveraged within research and practice.

Download or read book Consolidated Supplement to the Codes and General Laws of the State of California written by California and published by . This book was released on 1926 with total page 2128 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Aviation Tort Law written by Stuart M. Speiser and published by . This book was released on 1978 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Workers Compensation Subrogation In All 50 States Fifth Edition written by Gary L. Wickert and published by Juris Publishing, Inc.. This book was released on 2012-04-01 with total page 1616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Workers' compensation subrogation continues to change and adapt, as trial lawyers prod its weak points and capitalize on confusing areas of the law. There have been numerous changes in workers' compensation statutes and case law in many states since the last edition. This edition includes an exhausting survey and detailed explanation of the crazy status of employer contribution in Illinois, which includes a step-by-step exposition of how contractual indemnity and the "Kotecki cap" play a role in expanded employer liability in Illinois workers' compensation subrogation cases. It covers the many nuances of Naig and Reverse-Naig settlements under Minnesota law, including an analysis of who has what burdens of proof and the effect such a settlement has on the remaining third-party case tried to a jury. In light of the landmark Missouri Court of Appeals decision in Robinson v. Hooker, the liability of co-employees in Missouri and surrounding states have been covered in greater detail. The concept of co-employee liability for acts which are intentional or committed outside of the course and scope of employment has been added in several states. New case law and explanations were added to the Texas chapter with regard to subrogating against UM/UIM policies, including arguments with regard to the efficacy of UM/UIM exclusionary policy language and the ability to subrogate against a UM/UIM policy actually issued by the same carrier insuring for workers' compensation coverage. West Virginia completely revised their subrogation statute and created a new statute relating to the "statutory employer" status of primary contractors and subcontractors on construction sites, limiting when and how primary contractors can become legitimate third parties for purposes of subrogation. Chapter 7, "Contractual Limitations to Subrogation" has been completely overhauled to include new statutes and case law for every state to assist practitioners in determining the law applicable when there is an alleged applicable waiver of subrogation which might otherwise destroy subrogation. A new Chapter 12 has been added, which focuses on jurisdiction of workers' compensation third-party actions taking a broad look at 28 U.S.C. § 1441, which prohibits removal of cases "arising under" state workers' compensation laws. A carrier now has the ability to prevent cases from being removed from favorable venues in state court to less favorable federal court venues - an attractive option for plaintiffs' attorneys with whom subrogated carriers can negotiate with for stipulations and concessions on their subrogation interests in exchange for maintaining a case in state court. This edition also expands on which states do and do not hold workers' compensation to be primary. Combined with more than 100 new case decisions, this Fifth Edition is the most complete and up-to-date edition yet. Workers' Compensation Subrogation is the most complete and thorough treatise covering workers' compensation subrogation ever published. There are very few areas in which the laws of each state vary more and are applied as differently, then in the area of workers' compensation subrogation. This book is intended to introduce the workers' compensation claims handler, in-house counsel, and subrogation professionals to some of the more esoteric and complex subrogation issues encountered in today's workers' compensation insurance subrogation marketplace. It covers the following issues in all 50 states: • Allocating Third Party Recoveries • Attorney's Fees • Borrowed Servant Doctrine • Conversion of Workers' Compensation Liens • Costs and Expenses • Dual Capacity Doctrine • Equitable Subrogation/Contribution • Exclusivity Rule Barring Action Against Employer • How To Calculate Your Credit/Advance and How It Is Applied In Each State • Intentional Acts • Joint Ventures • Made Whole Doctrine As Applied To Workers' Compensation Subrogation • Necessity of Intervention • Lien Reduction Statutes • Staff Leasing Services and Temporary Employment Agencies • Statutory Subrogation Rights • Subrogating Against UM/UIM Benefits • Subrogating In Medical Malpractice Cases • Subrogating In Legal Malpractice Cases • Waivers of Subrogation • Who Qualifies As A Third Party • Other Workers' Compensation Subrogation-Related Issues In addition to being an excellent primer on workers' compensation subrogation, suitable for both the new subrogation professional and the seasoned veteran, the book also contains a detailed synopsis of the workers' compensation subrogation laws in each of the 50 states. It is a must for anyone with multi-state subrogation responsibilities. Complete with diagrams, references and thousands of footnotes, this is the most ambitious workers' compensation subrogation project ever undertaken. The following issues and topics are covered in detail for each of the 50 states: Statutory Subrogation Rights • Identifies the statutory authority for workers' compensation subrogation in that state. • Discusses the purpose/legislative intent of the statute. • Is an election necessary by the worker? • Who can bring a third party action (plaintiff, carrier, employer, or all of the above)? • When and must a third party action be brought? • What are the rights of a carrier to intervene in an existing third party action filed by a worker? • Will a worker's compensation carrier's subrogation interest be barred if not brought timely? Third Parties • Who can be sued as third parties in a third party action? • Can a co-employee be sued and under what circumstances? • Can an uninsured/underinsured carrier be a "third party" under the laws of that state? • Is there a dual capacity or borrowed servant doctrine which somehow affects the ability of a worker's compensation carrier to effectively subrogate? • What is the state's workers' compensation bar? • Are there any specific restrictions regarding subrogation against a subcontractor or an employee of a subcontractor in a construction situation? • Under what circumstances can the employer be sued? • Can a carrier subrogate to the benefits of a recovery in a legal or medical malpractice action? Allocation of Third Party Recovery • How and when does the carrier recover its subrogated interest? • Does the carrier recover past benefits only or also the present value of future benefits which it owes under the Workers' Compensation Act of that state? • Is there a formula used to determine how a third party recovery is allocated? • What happens to the total recovery and how is it applied? • Can a carrier recover benefits paid by a third party or recovered in a third party action which relate to loss of consortium, or non-economic damages such as pain and suffering, mental anguish, or punitive damages? • Does the employer's negligence reduce the recovery by the worker or carrier? Attorneys' Fees/Costs • Can the plaintiff's attorney recover attorneys' fees and/or costs out of the carrier's subrogated recovery and under what circumstances? • How are attorneys' fees and costs handled if the carrier is also represented by subrogation counsel, intervenes into the third party action and actively represents its interest? • What if the carrier isn't represented? • Can a plaintiff's attorney recover attorneys' fees based on the value of past benefits only or will he be able to recover attorneys' fees based on the future benefits/credit recovered by the carrier? • Must a carrier bear its proportionate share of expenses as many states require, and what does that really mean? Credit/Advance • Can a carrier take a vacation from paying workers' compensation benefits once a worker makes a third party recovery? • How is the credit calculated under state law? • Does the carrier have to do anything special to obtain the credit, such as filing with the Workers' Compensation Commission? • Does the carrier get a credit toward future compensation benefits it owes or does it actually get to collect the present value of the future benefits it owes and still be obligated to pay the scheduled benefits in the future? Statutes of Limitation • What are the applicable statutes of limitation or statutes of repose that may be applicable to third party subrogation actions? Related Subrogation Issues • Are there any other issues or statutes which affect a worker's compensation carrier's right of subrogation, such as the made whole doctrine, common fund doctrine, or anti-subrogation statutes? • Are there any lien reduction statutes, such as those existing in Indiana, which affect a worker's compensation carrier's right of recovery? • Does the state have any no-fault laws which complicate workers' compensation subrogation involving an automobile accident, such as exist in Michigan and Colorado? • What are the carrier's options if the worker and his attorney simply refuse to repay a worker's compensation carrier's lien after settling a third party action? • If the worker fails to repay the carrier, is there a cause of action for conversion of a carrier's subrogation interest or may the carrier still proceed against the third party tortfeasor to recover its subrogation interest?

Download or read book Research Handbook on Unjust Enrichment and Restitution written by Elise Bant and published by Edward Elgar Publishing. This book was released on 2020-07-31 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive yet accessible Research Handbook offers an expert guide to the key concepts, principles and debates in the modern law of unjust enrichment and restitution.

Download or read book Form and Substance in the Law of Obligations written by Andrew Robertson and published by Bloomsbury Publishing. This book was released on 2019-11-28 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the relationship between form and substance in the law of obligations. It builds on the rich tradition of legal thought that deploys the concepts of form and substance to inform our understanding of the common law. The essays in this collection offer multiple conceptions of form and substance and cover an array of private law subjects, scholarly approaches and jurisdictions. The collection makes it clear that the interplay between form and substance is a key element of the dynamism that characterises this area of the law.