Download or read book Introduction to Law for Paralegals written by Katherine A. Currier and published by Aspen Publishing. This book was released on 2023-01-31 with total page 1194 pages. Available in PDF, EPUB and Kindle. Book excerpt: A thoughtful new edition of the leading Introduction to Law for Paralegals text Introduction to Law for Paralegals: A Critical Thinking Approach explores high-interest topics and cases within the framework of the authors’ acclaimed critical thinking approach. Hypotheticals, examples, and incisive questions shed light on both the principle and application of the law. In a thoroughly updated new edition, this leading text in the field continues to provide innovation and excellence. The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. New to the Eighth Edition: Updated with changes in the law, new NetNotes, and additional Discussion Questions and Legal Reasoning Exercises. Criminal Law and Criminal Procedure are now directly after the chapter on Torts so that instructors can better compare and contrast civil litigation and criminal law. Streamlined chapter introducing the Study of Law and the Paralegal Profession. Professors and students will benefit from: Comprehensive coverage of key legal concepts. Hypotheticals, questions, and exercises that engage students in critical thinking. A logical three-part organization: Part I, Paralegals and the American Legal System; Part II, Finding and Analyzing the Law and Part III, Legal Ethics and Substantive Law. Student-friendly skill development for basic statutory and case analysis. Text is readable without talking down to students. Structure of chapters ensures that students understand and learn the material. Ethics Alerts, marginal definitions, Internet references, and legal reasoning exercises. Appendices on writing style and citation, the U.S. Constitution, Ethical Codes, and additional Net Notes.

Download or read book Basic Labor and Employment Law For Paralegals written by Clyde E. Craig and published by Aspen Publishing. This book was released on 2022-12-26 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: An effective teaching and learning text, Basic Labor and Employment Law for Paralegals covers all the essential elements in depth and breadth in a rational three part structure. "Introduction to Labor and Employment Law" examines the historical development of labor and employment law in America alongside the nature of the employment relationship. "Labor-Management Relations in the Union Setting" shows how American labor law regulates labor-management relations and includes methods of selecting collective bargaining representatives, unfair labor practices by employers and unions, economic weapons in labor disputes and the formation and administration of labor contracts. "Employment Discrimination" deals with the various forms of discrimination and the methods and procedures of pursuing employment discrimination claims. To underscore concepts and ensure student understanding, each chapter features marginal definitions, fact scenarios illustrating the concepts, and questions about specific facts for the students to consider. Answers to the fact scenarios are included at the end of each chapter. Discussion questions and exercises are provided to help students apply the concepts, and engaging case excerpts give them experience with case analysis. The Second Edition has been completely updated to include new material analyzing the Lilly Ledbetter Fair Pay Act of 2009, a federal statute amending the Civil Rights Act of 1964. Additional new material discusses the Genetic Information Nondiscrimination Act, a federal statute prohibiting employment discrimination on the basis of genetic information. Fresh case references and examples appear throughout the text. Hallmark features of Basic Labor and Employment Law for Paralegals: Covers all essential elements of United States labor and employment law in depth Divided into three sections o Introduction to Labor and Employment Law historical development of labor and employment law in America nature of the employment relationship o Labor-Management Relations in the Union Setting how labor law regulates labor-management relations methods of selecting collective bargaining representatives unfair labor practices by employers and unions economic weapons in labor disputes the formation and administration of labor contracts o Employment Discrimination various forms of employment discrimination in American law methods and procedures of pursuing employment discrimination claims Chapter pedagogy o marginal definitions o fact scenarios illustrating the concepts

Download or read book Paralegal Practice Procedure Fourth Edition written by Deborah E. Larbalestrier and published by Penguin. This book was released on 2009-07-07 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: The completely revised and updated fourth edition of the most trusted paralegal desk references on the market. Now fully revised and expanded: the bestselling desk reference for paralegals at any level. Each chapter has been completely updated to include the latest step-by-step instructions for every aspect of a paralegal's job, with new procedures, checklists, and resources throughout. Topics covered include: ? Paralegal ethics ? Training programs ? Court systems and court procedures ? Federal court practice and procedures ? Pretrial practice and procedure ? Legal research tools ? Electronic trial preparation procedures In addition to the general resources that will be of value to every paralegal, this guide also includes detailed information on practice and procedures for working in specialty law firms.

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 The Arkansas Lawyer written by and published by . This book was released on 1991 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Martindale Hubbell Law Directory written by and published by . This book was released on 2001 with total page 2650 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Searching the Law the States written by Francis R. Doyle and published by . This book was released on 1994 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Arkansas Code of 1987 Annotated written by Arkansas and published by . This book was released on 1987 with total page 892 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Independent Paralegal s Handbook written by Ralph E. Warner and published by NOLO. This book was released on 1999 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fueled by growing dissatisfaction with our overpriced legal system, a quiet revolution has been taking place. For over 25 years, more and more people have prepared their own legal papers with the help of independent paralegals, instead of handing their cases over to lawyers. The Independent Paralegal's Handbook is a practical guide for anyone considering a career as a self-employed legal document assistant who wants to help people take the law into their own hands. Book jacket.

Download or read book Civil Law and Litigation for Paralegals written by Neal R. Bevans and published by Aspen Publishing. This book was released on 2016-09-20 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: Civil Law and Litigation for Paralegals is a comprehensive text designed specifically for paralegal civil litigation courses. Author Neal Bevans not only teaches the basics of civil litigation, but also gives students the opportunity to learn skills they will use in practice. In a balanced approach, Bevans covers all the key topics paralegals need to know in an easy-to-read and engaging style that utilizes numerous examples and illustrations but never overwhelms the student. The text provides students with an in-depth analysis of a wide variety of civil cases, beginning with laying out the basic foundation of the American legal system. It proceeds through the investigation and implementation of a civil case, and follows the case through to appeal. The text balances the theoretical underpinnings of the law with the practical examples and hands-on experience that all students need to completely understand the topic. The helpful pedagogy throughout the book and a comprehensive teaching package make class preparation as easy as possible. Features: Clear introduction to the fundamentals of civil litigation for paralegal students. Provides students with an in-depth analysis of a wide variety of civil cases, laying out the basic foundation of the American legal system, proceeding through the investigation and implementation of a civil case, and following the case through to appeal. Designed to help prepare students for the practical world of divorces, car wreck cases, and medical malpractice claims that they will see every day in civil practice. Each chapter presents students with examples of the important role that paralegals play in every stage of civil litigation, from client intake to bringing an appeal. Understandable writing style with strong pedagogy, resulting in a teachable and accessible text. Each chapter includes Practice Pointers, Search Suggestions, Tech Topics, and Legal Legwork boxes, along with case excerpts, forms, and ethics. Helpful pedagogy includes Chapter Objectives that focus learning and review, Boldfaced key terms and marginal definitions for convenient reference, Review questions at the end of each chapter, and references to web sites that facilitate legal research

Download or read book Clearinghouse Review written by and published by . This book was released on 1990 with total page 806 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Current Law Index written by and published by . This book was released on 2007 with total page 1192 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book California Paralegal Manual written by and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book California Workers Compensation Practice written by Brett A. Borah and published by . This book was released on 2000 with total page 1160 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book West s Paralegal Today written by Roger LeRoy Miller and published by Cengage Learning. This book was released on 1995 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: A brief, paperback version of West's Paralegal Today, a full-color introduction to the field of paralegalism stressing skills, ethics, teamwork, and professionalism. The Essentials condenses some coverage (ethics, ADR, Litigation, research and writing) and deletes some chapters (corporate law, criminal law, administrative law) for use in shorter courses.

Download or read book ERISA and Health Insurance Subrogation in all 50 States 5th Edition written by Gary L. Wickert and published by Juris Publishing, Inc.. This book was released on 2013-01-01 with total page 1300 pages. Available in PDF, EPUB and Kindle. Book excerpt: ERISA and Health Insurance Subrogation In All 50 States is the most complete and thorough treatise covering the complex subject of ERISA and health insurance subrogation ever published. NEW TO THE FIFTH EDITION! • Updated To Include All The Newest Case Law! • Updated To Include Medicaid Subrogation and Preemption of FEHBA ! • New Plan Language Recommendations! • Complete Health Insurance Subrogation Laws In All 50 States • Covers The Application of ERISA In Every Federal Circuit The Fifth Edition of ERISA and Health Insurance Subrogation In All 50 States has been completely revised, edited, and reorganized. This was partly to reflect the new direction recent case decisions have taken regarding health insurance subrogation as well as the crystallization of formerly uncertain and nebulous areas of the law which have now received some clarity. An entirely new chapter entitled, “What Constitutes Other Appropriate Equitable Relief?” has been added and replaces the old Chapter 9, which merely dealt with Knudson and Sereboff. The new edition introduces new state court decisions addressing the issue of causation and whether and when a subrogated Plan seeking reimbursement must prove that the medical benefits it seeks to recover were causally related to the original negligence of the tortfeasor. An entirely new section was added concerning the subrogation and reimbursement rights of Medicare Advantage Plans, a statutorily-authorized Plan which provides the same benefits an individual is entitled to recover under Medicare. This includes recent case law which detrimentally affects the rights of such Plans to subrogate. Also added to the new edition is additional law and explanation regarding Medicaid subrogation, including the differentiation between “cost avoidance” and “pay and chase” when it comes to procedures for paying Medicaid claims. Significant improvements have been made to suggested Plan language which maximizes a Plan’s subrogation and reimbursement rights. The suggested language stems from recent decisions and developments in ERISA and health insurance subrogation from around the country since the last edition. The new edition has been completely reworked both in substance and organization. Recent case law has necessitated consolidation of several portions of the book and elimination or editing of others. A new section entitled “Liability of Plaintiff’s Counsel” has been added, which provides a clearer exposition on the laws applicable and remedies available when plaintiff’s attorneys and Plan beneficiaries settle their third-party cases and fail to reimburse the Plan. Also new to the book are recently-passed anti-subrogation measures such as Louisiana’s Senate Bill 169, § 1881, which states that no health insurer shall seek reimbursement from automobile Med Pay coverage without first obtaining the written consent of the insured. The new edition also goes into much greater detail on the procedures for and law underlying the practice of removal of cases from state court to federal court, and the possibility of remand back to state court. This includes the Federal Courts Jurisdiction and Venue Clarification Act of 2011, effective Jan. 6, 2012, which amended federal removal, venue, and citizenship determination statutes in very significant ways. The new edition also delves into, for the first time, the role which the federal Anti-Injunction Act plays when beneficiaries sue in state court to enforce the terms of an ERISA Plan, while the Plan files suit in federal court seeking an injunction against the state court action. New case law and discussion on preemption of FEHBA subrogation and reimbursement claims have been added to Chapter 10 in the wake of new decisions regarding same.

Download or read book Subject Guide to Books in Print written by and published by . This book was released on 1984 with total page 1680 pages. Available in PDF, EPUB and Kindle. Book excerpt: