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Since 1958 state courts of last resort in the United States have handed down a notably larger number of overruling decisions than ever before. This distinctive record raises many questions about how and by whom law reform should be effected. Mr. Keeton examines this issue in relation to private law the branch of law concerned with the rights and duties of private individuals toward each other, enforceable through civil proceedings. In the first part of this book, the author reviews methods of law reform. He focuses on the role of the courts and legislatures as agencies of abrupt change; the remarkable rate at which the role of the courts has grown; and the means by which courts may discharge...
This text for law students gives a comprehensive discussion of the recurring questions of trial practice. Illustrative cases are used to raise issues and offer suggested answers. Rules and suggestions for effective trial advocacy, including ethical considerations
"This treatise explains how certain principles or doctrines such as insurable interests, designation of insurers, and risk transference apply to property, life, liability, or other types of insurance. It also addresses insurance law issues and suggests lines of analysis to consider in order to better evaluate the merits of a claim. Other subjects include conceptualization, classification, marketing, indemnity, insurability, claim processes, and settlements. Also overviews insurance regulation, government sponsorship of insurance, and resolving disputed claims."--
Good legal writing wins court cases. It its first edition, The Winning Brief proved that the key to writing well is understanding the judicial readership. Now, in a revised and updated version of this modern classic, Bryan A. Garner explains the art of effective writing in 100 concise, practical, and easy-to-use sections. Covering everything from the rules for planning and organizing a brief to openers that can capture a judge's attention from the first few words, these tips add up to the most compelling, orderly, and visually appealing brief that an advocate can present. In Garner's view, good writing is good thinking put to paper. "Never write a sentence that you couldn't easily speak," he...
Intentional Interference with the Person; Intentional Interference with Property; Defenses to Intentional Interference with Person or Property; Negligence: Standard of Conduct; Negligence: Proof; Proximate Cause; Joint Tortfeasors; Limited Duty; Owners and Occupiers of Land; Negligence: Defenses; Imputed Negligence; Strict Liability; Compensation Systems; Nuisance; Tort and Contract; Products Liability; Misrepresentation and Nondisclosure; Defamation; Privacy; Misuse of Legal Procedure; Domestic Relations; Survival and Wrongful Death; Economic Relations; Immunities.