In the Second Edition of Williams v. Simonson, plaintiff Mary Anne Williams seeks to recover damages for gender discrimination and the tort of defamation and is suing David Simonson, Christine Jefferson, Nita University, and the Patterson Institute. Williams seeks back pay, lost pay, damages, and reinstatement. There are five potential claims in this case file, which is set in a university environment: gender discrimination, quid pro quo sexual harassment, hostile work environment, intentional infliction of emotional distress, and wrongful termination. Designed for advanced advocacy training, Williams involves difficult legal and factual issues for jury resolution and requires the examination of expert witnesses. There are two lay witnesses for the plaintiff and two for the defendant, plus one expert witness for each side. The exhibit files are available for digital download via a password-protected website accessible to students and faculty. Please note that Williams is available in four versions—Trial, Faculty, Plaintiff, and Defendant—each sold separately.
[This book] 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."--
Great lawyers aren’t born; they’re trained. And the best training is practice. Practice opportunities can be hard to come by in the real world and time consuming in mock-trial situations. 101 Vignettes for Improving Trial Evidence Skills is the ideal solution for achieving that practice. The new edition of this classic in evidence and trial advocacy drills is the perfect exercise manual for building the muscle memory every lawyer needs. 101 Vignettes for Improving Trial Evidence Skills is filled with short, easy-to-understand scenarios designed to pinpoint the situations that call for objection and response, encouraging quick thinking. Additionally, this resource provides a context for a better understanding of the rules of evidence as they are applied—a skill set every successful attorney needs. Useful in both a classroom and a conference room, 101 Vignettes for Improving Trial Evidence Skills is a book you will reach for over and over. New to the Second Edition: Updated vignettes Questions for each pause Professors and students will benefit from: Experiential learning opportunities that require no preparation time Quick, “low stakes” practice of trial and evidence skills A proven pedagogical method of teaching the practice skills
Ah, the keen discomfort of being caught without a comeback. We’ve all been there—and experienced, too, the other side of it: coming up with the perfect retort hours after it doesn’t matter anymore. The French call it l’espirit de l’escalier—but here at NITA, we call it with California Evidence Code with Objections, Fifth Edition. When you’re in court, stakes are too high for you to fumble for words. California Evidence Code with Objections is there to help. Seasoned advocates Allen Snyder, David Sonenshein, and Anthony Bocchino break down, in alphabetical order, every topic of inadmissible evidence (such as Argumentative, Hearsay, Privileged, among many others) and offer the perfect objection, along with the response, cross-reference to the Code, and explanation to back it up. This pocket-sized book, reflecting changes through December 2019, lets you instantly consult the relevant California rule, find appropriate objections and responses during trial, and gain insight from practice tips and legal interpretations. So that when opposing counsel asks your witness, “Where were you the night of December 19, and what exactly were you doing?” you say, “Objection, Your Honor. Compound question.” Pick up California Evidence Code with Objections and never again be at a loss for words.
Kiya Ahmed had an affair with her married boss, Paul Buckner. After that relationship soured, Kiya was denied partnership at Cooper & Stewart, the accounting firm where she and Paul both worked. Kiya claims discrimination and retaliation caused the denial. The defendants say that her inconsistent job performance lead to their decision. Who is right? This well-balanced case file can be won by either party. Ahmed v. Buckner is the new incarnation of the popular case file Polisi v. Clark. The defendant business is now an accounting firm, rather than a law firm. Updated exhibits include computer records, text messages, and emails, allowing lawyers to practice their skills in laying foundations. The deposition file has three witnesses for each side. The trial version includes two additional expert witnesses and their reports. Whether they are law students or practiced lawyers, this engaging case file will hone participants advocacy skills.
This book contains vignettes of trial testimony all designed to raise evidentiary issues in the context in which they occur. Whether this resource is used in an evidence or trial advocacy classroom, professional learning environment, or for your own personal study, the vignettes are extraordinary examples of how specific evidentiary issues arise at trial. Additionally, this resource provides a context for a better understanding of the rules of evidence as they are applied - a skill set every successful attorney acquires.
Small enough to carry to the courtroom or classroom, this handy 4-by-6 inch guide: Lists objections alphabetically, with thumb tabs for quick reference; Follows each objection with accurate responses; Cross-references the relevant Texas rules; Offers practice tips crucial to understanding each objection; Reproduces the entire Texas Rules of Civil Evidence
After Maggie Polisi, an associate at the law firm of Parker & Gould, breaks off a relationship with a partner, Simon Clark, she is denied partnership. Polisi sues Clark and the firm for gender discrimination, sexual harassment (quid pro quo and hostile work environment), and defamation. This case file is designed to teach advanced trial skills in a complex action involving both liability and damages. There are three witnesses for both the plaintiff and the defendants. This particular file is the expert edition focusing on trial skills and use of expert witnesses.
Lauren Jones was attempting to rob the Aboud grocery store when the owner, Ali Aboud, pulled a gun from under the counter and fired at Mr. Jones. The bullet missed Jones and struck and killed Aboud's wife, Rachel. Jones was arrested at the scene of the robbery and has pleaded guilty to robbery. No murder charges are pending against him. The State alleges that the defendant, John Burns, planned the robbery of the grocery store and waited outside in the getaway car while Jones went inside to rob the store. The defendant has been charged with armed robbery for his alleged participation in the holdup and with felony-murder for the death of Mrs. Aboud. This basic file offers impeachment, rehabilitation issues, and adverse examination. There are three witnesses for both the State and the defendant.
New York presents a special challenge to attorneys, because its evidence law has not been codified into rules. NITA’s guide will help you to readily make and respond to objections trial objections. Use the thumb tabs to quickly locate the information you need. Each section provides the applicable New York case law and statutes (updated through 2017), an explanation giving the reason for the law, and the current understanding of it. This complete reference guide to New York evidence travels easily to the courtroom or classroom. NITA's handy guide enables you to quickly reference objections and responses during trial. Objections, followed by their accurate responses, are listed alphabetically with thumb tabs so that you can go right to the one you want. Gain insight from crucial practice tips and legal interpretations and access the rules when you need them most--this pocket-size guide is always at hand.
Whether in trial or deposition, Federal Rules of Evidence with Objections will have you ready to respond quickly and decisively to evidence issues. The Sixteenth Edition contains the complete text of the Federal Rules of Evidence as amended to December 1, 2023. This useful guide is organized for quick reference, with an alphabetical section of major objections. It includes practical tips and legal interpretations for each rule. The 4x6-inch size is designed to easily tuck into a pocket or briefcase. With its spiral binding the book will lie flat on a desk or table, staying open to the page you are using. The e-book edition is hyperlinked to the rules, providing ready reference to the full language of the applicable rule for every objection"--
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. A Practical Guide to Federal Evidence: Objections, Responses, Rules, and Practice Commentary
At 4-by-6 inches, this complete reference guide to Florida evidence travels easily to the courtroom or classroom. NITA's handy guide, compiled by the Hon. Teresa McGarry and Lisa Hirsch enables you to quickly reference objections and responses during trial. Objections, followed by the accurate responses, are listed alphabetically with thumb tabs so that you can go right to the one you want. The Florida Evidence Code, updated through December 2020, is reproduced in its entirety in the last section of the book. Gain insight from crucial practice tips and legal interpretations and access the rules when you need them most-this pocket-size guide is always at hand"--
In a successful litigation, it isn’t enough to know the facts. You must also know how to interpret and use those facts, and thoughtfully delving into the stories behind them is a crucial task if you hope to prevail for your client. Fact Investigation, by longtime NITA authors Paul Zwier and Anthony Bocchino, will change the way you approach cases for the rest of your career. Every litigator’s investigation begins where the “official” investigation ends. During informal fact investigation, you must know how to engage your client so he shares the facts and stories critical to his case, then use them not just to develop but to implement a winning case theory. How do you do that? It all starts with your first meeting with your clientand what you say and how you do it. Find out how your word choice and body language lay the groundwork for connecting with your client, and how to establish the openness and trust that yield what you need to build a compelling case and be a persuasive advocate. From that client information, the authors take you through the steps necessary to build and implement effective alternative case theories that will inform your fact investigation process and lay the foundation for efficient use of formal discovery devices. Zwier and Bocchino model these practice skills through four familiar NITA case files: Quinlan v. Kane Electronics (business/contract case), Brown v. Byrd (auto accident and personal injury case), State v. Lawrence (criminal robbery case), and United States ex rel. Rodriguez v. Hughes (False Claims Act case). When you see these techniques modeled as case studies, you understand how to integrate them into your overall case planning and learn how to confront the thorny ethics of day-to-day lawyering. The Second Edition is fully revised, with special emphasis on the impact of the proposed Federal Rules Civil Procedure changes, and features an important new chapter on e-discovery. Rare is now the case that doesn’t involve some form of electronic evidence, and every litigator must know the ever-expanding issues surrounding it. Find out how e-discovery strategies differ from plaintiff to defendant and how to manage your client’s competing rights to both speech and privacy in our highly discoverable online world. From explaining how to use your opposing party’s social media indiscretions against it to helping you make sense of new federal rules that limit the use of electronic evidence, Zwier and Bocchino tell you everything you must know about the impact of e-discovery on the modern litigation practice.
At what point does a friendly conversation end and a business consultation begin? That is the question explored in this business contracts case file. The plaintiff, Roberta Quinlan, demands a broker fee of $300,000 that she is convinced she is entitled to be paid for her services as a business broker. The defendant, Brian Kane, however, maintains that Quinlan simply offered friendly advice on the sale of his business, Kane Electronics, to Nita Computer World and therefore he owes her no fee. There are two witnesses for both the plaintiff and the defendant.
It’s David versus Goliath when computer giant BMI sues startup Minicom for damages when a shipment of components that BMI sent to Minicom is lost. BMI claims that Minicom bore the risk of loss; it is suing to recover for breach of contract. Minicom claims it directed BMI to obtain insurance on the shipment and that BMI’s failure to do so breached the contract, causing the loss of past and future profits. One of NITA’s most popular cases, this well-balanced file has been updated with electronic evidence. BMI provides ample material for basic and advanced advocacy training with two witnesses for both plaintiff and defendant in the deposition version. The trial version includes one optional economics expert for each side. BMI is available as a trial file, or as deposition files with Plaintiff, Defendant, and Faculty versions, each sold separately. New to the Revised 11th Edition: Updated exhibits to correct dates and eliminate confusion Professors and students will benefit from: A case file that can be used both for deposition practice and for mock trials A time-tested case file that has been updated to include electronic exhibits
Problems in Trial Advocacy, 2021 Edition, is the premier volume for realistic and accessible courtroom simulations. Many of the problems are based on real trials, both civil and criminal. A series of vignettes lead the reader through opening statements, direct and cross-examination of lay and expert witnesses, exhibit introduction, witness impeachment, and closing arguments. These hands-on exercises include variety of electronic exhibits, providing practice for the changing courtroom experience. Problems in Trial Advocacy lets students practice their courtroom skills without memorizing a full case file of facts. The advocacy standard, updated with modern challenges to advocacy skills.
Problems in Trial Advocacy, 2023 Edition, is the premier volume for realistic and accessible courtroom simulations. With problems based on real trials, both civil and criminal, this series of vignettes guides the reader through opening statements, direct and cross-examination of lay and expert witnesses, exhibit introduction, witness impeachment, and closing arguments. These hands-on exercises include a variety of electronic exhibits, providing practice for the changing courtroom experience. Problems in Trial Advocacy lets students practice their courtroom skills without memorizing a full case file of facts. The advocacy standard, updated with modern challenges to advocacy skills"--
The plaintiff, Nita Fire and Casualty Company, brought this lawsuit to recover an amount paid to the defendant, Anthony J. Rubino, on a fire insurance policy on Rubino's business. Rubino was doing business as Rubino and Son, Dry Cleaners. A fire at the defendant's plant resulted in a total loss. The fire marshal determined that the fire was caused by spontaneous combustion. Relying on the report of the fire marshal, the plaintiff paid the defendant's claim in the amount of $300,000.00. After paying the claim, the plaintiff learned from a former employee of the defendant that the fire possibly was caused by arson. After it conducted an independent investigation, the plaintiff decided that the fire was set deliberately. Rubino has denied the allegation of arson.
This complete reference guide to North Carolina evidence rules travels easily to the courtroom or classroom. NITA’s handy guide enables you to quickly reference objections and responses during trial, instantly consult the relevant section of the North Carolina Rules of Evidence reproduced in its entirety in the last section of the book, gain insight into crucial practice tips and legal interpretations, and access to the rules when you need them the most.
This case file contains a four count disciplinary action brought by the Nita State Bar against the respondent, Harriet Cooperman, a member of the Nita State Bar. The Bar alleges that Cooperman failed to adequately consult with her client, David Engles, during the course of his action against the Acme Paper Company. The Bar also states: Cooperman failed to adequately explain the contents of her fee agreement; she represented clients with conflicting interests without first obtaining the informed consent; and finally, she represented a client against a former client in a cause of action. The appendix contains the American Bar Association Rules of Professional Conduct applicable to this case. There are three witnesses for both the State Bar and the respondent.
It’s David versus Goliath when computer giant BMI sues startup Minicom for damages when a shipment of components that BMI sent to Minicom is lost. BMI claims that Minicom bore the risk of loss; it is suing to recover for breach of contract. Minicom claims it directed BMI to obtain insurance on the shipment and that BMI’s failure to do so breached the contract, causing the loss of past and future profits. One of NITA’s most popular cases, this well-balanced file has been updated with electronic evidence. BMI provides ample material for basic and advanced advocacy training with two witnesses for both plaintiff and defendant in the deposition version. The trial version includes one optional economics expert for each side. BMI is available as a trial file, or as deposition files with Plaintiff, Defendant, and Faculty versions, each sold separately. New to the Revised 11th Edition: Updated exhibits to correct dates and eliminate confusion Professors and students will benefit from: A case file that can be used both for deposition practice and for mock trials A time-tested case file that has been updated to include electronic exhibits
We live in an era when most litigation parties never see the inside of a courtroom. Cases are resolved by motion practice, by informal settlement, or by formal procedures such as arbitration and mediation. Rarely does an attorney get to say, “Ladies and gentlemen of the jury . . . .” Does this change render deposition practice obsolete? Quite the opposite—depositions are more important than ever. Instead of a battle between attorneys who are trying to hide their evidence for trial, depositions are the place to put your best case forward, establish your case theories, explore the strengths and weaknesses of your case, and prepare your disposition strategy, be it a motion for summary judgment, a settlement offer, or mediation. Taking effective depositions in this changed environment involves a new paradigm, a whole new way of thinking about the discovery process. This book will guide you through that process, from interviewing and preparing your client through theory building and expert testimony. It also deals with concrete issues like creating a clean, understandable deposition record that will benefit your case throughout the litigation process. With its Q&A format and its many examples, The Deposition Tutorial will become the book you want on your desk for quick reference.
Small enough to carry to the courtroom or classroom, this handy 4-by-6 inch guide lists objections alphabetically, with thumb tabs for quick reference. Accurate responses accompany each objection, followed by cross-references the relevant Texas rules and practice tips crucial to understanding each objection. New to the fifth edition, this guide compares the Texas rules to the Federal Rules of Evidence and highlights differences between the two rules. The book also reproduces the entire Texas Rules of Evidence. New to the Fifth Edition: Sections highlighting any differences between the Texas Rules of Evidence and the Federal Rules of Evidence Updated text and language
At 4-by-6 inches, this complete reference guide to Illinois evidence travels easily to the courtroom or classroom. NITA's handy guide enables you to quickly reference objections and responses during trial. Objections, followed by their accurate responses, are listed alphabetically with thumb tabs for quick identification. The Illinois Rules of Evidence, updated through December 2019, is reproduced in its entirety in the last section of the book. Gain insight from crucial practice tips and legal interpretations and access the rules when you need them most-this pocket-size guide is always at hand"--
The Plaintiff, Jeffrey B. Lang, seeks to recover damages based upon a claim that the defendant, Jennifer L. Anderson, owner of Mr. Gatsby's Restaurant, by serving and selling alcoholic beverages to Butch Turner, caused the intoxication of Butch Turner, and that Butch Turner injured the plaintiff while in this intoxicated condition. The defendant denies that, as a result of beer consumed at Mr. Gatsby's Restaurant, Butch Turner became intoxicated. The defendant claims that the plaintiff provoked the fight with Turner. The defendant asserts that she, therefore, is not liable for the plaintiff's injuries. This file is intended to be used for a bench trial or a short jury trial. The trial may be limited to the issue of liability; however, adequate materials are included to allow the issue of damages to also be tried. Each side should be permitted to call only two witnesses.
A high-school football star, John Fulbright, is thrown from his motorcycle and severely injured when it collides with a Cadillac that just pulled out of a parking lot. Most of the witnesses say Fulbright was speeding and not wearing a helmet, but a fourteen-year-old boy says otherwise. There is evidence that the Cadillac's driver, Andrew Parker, an Americraft employee, had been drinking. The plaintiff claims he became an epileptic as a result of his injuries. There is not a helmet law in the State of Nita. There are four witnesses for both the plaintiff and the defendants.
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