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
A favorite among successful students, and often recommended by professors, the unique Examples & Explanations series gives you extremely clear introductions to concepts followed by realistic examples that mirror those presented in the classroom throughout the semester. Use at the beginning and midway through the semester to deepen your understanding through clear explanations, corresponding hypothetical fact patterns, and analysis. Then use to study for finals by reviewing the hypotheticals as well as the structure and reasoning behind the accompanying analysis. Designed to complement your casebook, the trusted Examples & Explanations titles get right to the point in a conversational, often humorous style that helps you learn the material each step of the way and prepare for the exam at the end of the course. The unique, time-tested Examples & Explanations series is invaluable to teach yourself the subject from the first day of class until your last review before the final. Each guide: helps you learn new material by working through chapters that explain each topic in simple language challenges your understanding with hypotheticals similar to those presented in class provides valuable opportunity to study for the final by reviewing the hypotheticals as well as the structure and reasoning behind the corresponding analysis quickly gets to the point in conversational style laced with humor remains a favorite among law school students is often recommended by professors who encourage the use of study guides works with ALL the major casebooks, suits any class on a given topic provides an alternative perspective to help you understand your casebook and in-class lectures
A longtime favorite series among professors and students alike, Examples & Explanations is now available as a Bonus Pack. It's the best of both worlds - a print copy of Examples & Explanations: the Law of Torts, 4th Ed. for your desk reference and an
Our modern insistence on democratic social values has engendered an intense debate over the intersection of fundamental rights and contract law. In particular, case law in several European national jurisdictions has exerted significant pressure on traditional contract law instruments to conform more transparently with the fundamental rights enshrined in the EC Charter. This pressure is clearly evident in a number of societal areas subject to contract law, among them employment, housing, and privacy. It can even be argued, as this author does, that fundamental rights intermediate between politics and law. Taking its cue from many initiatives toward the development of a more coherent, even harmonised, European contract law, this book is the first major study to examine the following essential questions with detailed reference to actual judicial developments: • To what extent do fundamental rights affect contract law? • In which types of cases can fundamental rights be applied? • What does the explicit consideration of fundamental rights add to contract law adjudication? The author approaches the analysis along two different avenues: first, a comparative overview of developments in case law, and second, a more general theoretical view on the interaction between fundamental rights and rules of contract law which is tested against examples from various legal systems. The focus throughout is on developments in case law, because the impact of fundamental rights in contract law has been felt on the level of dispute resolution rather than on the level of legislation. Germany and the Netherlands are chosen because their judiciaries have been notable for their early and continuing attention to the theme, and England and Italy for perspectives on developments under common law and civil law systems respectively.
There are two types of Civil Procedure students -- those who use Glannon's helpful paperback and those who end up wishing they did. This phenomenally popular paperback text entered its Third Edition with the unqualified endorsement of students who consider it a survival guide and teachers who recognize it as a worthy partner to any casebook. In the hallmark Examples & Explanations Series style, the book follows a consistent format: each chapter contains explanatory text followed by questions which test student understanding, which are in turn followed by suggested answers. While preserving his distinctive style and approach, Glannon's revisions reflect recent case law and changes in the Rules, such as: -service of process (Rule 4) -venue -an enhanced section on discovery including two new chapters address the scope of discovery under Rule 26 and the major tools of discovery CIVIL PROCEDURES: Examples and Explanations, Third Edition emphasizes personal and subject matter jurisdiction, res judicata, and collateral estoppel. Six full chapters illustrate pleadings and motions, with thorough explanation for the lawyers' strategy. to show how doctrines operate in relation to one another, several chapters compare and contrast related doctrines, such as: -joinder and jurisdiction -judgment n.o.v. -res judicata and joinder Glannon also explains corollaries and qualifications of the doctrine, and offers an unmatched treatment of Erie. By taking an unpretentious approach to civil procedure and using humor and historical names where appropriate, Glannon puts complex concepts within reach of the typical student. Also by Glannon: the Law of Torts: Examples & Explanations And don't forget Glannon's popular AUDIO PROGRAM: Fireside Civil Procedure: An Audio Companion Civil Procedure: Table of Contents Preface to Students Acknowledgements Special Notice PART ONE: CHOOSING A PROPER COURT 1. Personal Jurisdiction: the Enigma of Minimum Contacts 2. Statutory Limits on Personal Jurisdiction: the Reach and Grasp of the Long-Arm 3. Seeking the Home Field Advantage: Challenges to Personal Jurisdiction 4. Diversity Jurisdiction: When Does Multiplicity Constitute Diversity? 5. Personal and Subject Matter Jurisdiction Compared: the First Two Rings 6. Second-Guessing the Plaintiff's Choice of Forum: Removal 7. Proper Venue in Federal Courts: A Rough Measure of Convenience 8. Choosing a Proper Court: the Three Rings Reconsidered PART TWO: STATE LAW IN FEDERAL COURTS 9. Easy Erie: the Law of Rome and Athens 10. Eerie Erie: the Substance/Substance Distinction 11. Erie and State Choice of Law: Vertical Uniformity and Horizontal Chaos PART THREE: THE SCOPE OF THE ACTION 12. Sculpting the Lawsuit: the Basic Rules of Joinder 13. Into the Labyrinth: Joinder of Parties under Rule 14 14. Jurisdictional Fellow Travelers: Supplemental Jurisdiction 15. Jurisdiction vs. Joinder: the Difference between Power and Permission PART FOUR: STEPS IN THE LITIGATION PROCESS 16. the Bearer of Bad Tidings: Service of Process in the Federal Courts 17. Getting Off Easy: the Motion to Dismiss 18. the Scope of Discovery: the Rules Giveth, and the Rules Taketh Away 19. Tools of the Trade: Basic Methods of Discovery 20. Defective Allegation or Insufficient Proof?: Dismissal for Failure to State a Claim Compared to Summary Judgment 21. the Judge and the Jury, Part One: Judgment as a Matter of Law (Directed Verdict) 22. the Judge and the Jury, Part Two: Whose Case Is This, Anyway? PART FIVE: THE EFFECT OF THE JUDGEMENT 23. Res Judicata: the Limits of Procedural Liberality 24. Res Judicata and the Rules of Joinder: When Does May Mean Must? 25. Collateral Estoppel: Fine-Tuning the Preclusion Doctrine 26. T
The law of torts recognises many defences to liability. While some of these defences have been explored in detail, scant attention has been given to the theoretical foundations of defences generally. In particular, no serious attempt has been made to explain how defences relate to each other or to the torts to which they pertain. The goal of this book is to reduce the size of this substantial gap in our understanding of tort law. The principal way in which it attempts to do so is by developing a taxonomy of defences. The book shows that much can be learned about a given defence from the way in which it is classified. This book has been awarded Joint Second Prize for the 2014 Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship.
In recent years a strand of thinking has developed in private law scholarship which has come to be known as 'rights' or 'rights-based' analysis. Rights analysis seeks to develop an understanding of private law obligations that is driven, primarily or exclusively, by the recognition of the rights we have against each other, rather than by other influences on private law, such as the pursuit of community welfare goals. Notions of rights are also assuming greater importance in private law in other respects. Human rights instruments are having an increasing influence on private law doctrines. And in the law of unjust enrichment, an important debate has recently begun on the relationship between restitution of rights and restitution of value. This collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law.
When accidents occur and people suffer injuries, who ought to bear the loss? Tort law offers a complex set of rules to answer this question, but up to now philosophers have offered little by way of analysis of these rules. In eight essays commissioned for this volume, leading legal theorists examine the philosophical foundations of tort law. Amongst the questions they address are the following: how are the notions at the core of tort practice (such as responsibility, fault, negligence, due care, and duty to repair) to be understood? Is an explanation based on a conception of justice feasible? How are concerns of distributive and corrective justice related? What amounts to an adequate explanation of tort law? This collection will be of interest to professionals and advanced students working in philosophy of law, social theory, political theory, and law, as well as anyone seeking a better understanding of tort law.
A favorite classroom prep tool of successful students that is often recommended by professors, the Examples & Explanations (E&E) series provides an alternative perspective to help you understand your casebook and in-class lectures. Each E&E offers hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics in your courses and compare your own analysis. Here's why you need an E&E to help you study throughout the semester: Clear explanations of each class topic, in a conversational, funny style. Features hypotheticals similar to those presented in class, with corresponding analysis so you can use them during the semester to test your understanding, and again at exam time to help you review. It offers coverage that works with ALL the major casebooks, and suits any class on a given topic. The Examples & Explanations series has been ranked the most popular study aid among law students because it is equally as helpful from the first day of class through the final exam.
Against the background of the creation of an EU-wide frame of reference for private law relevant to the Common Market, this study, which was requested by the EU Commission, analyses the dovetailing between contract and tort law on the one hand, and between contract and property law on the other. The study examines the legal orders of almost all the Member States of the EU, illustrates the differences between contractual and non-contractual liability and evaluates the different systems of the transfer of property, of movable and immovable securities as well as trust law. The study comes to the conclusion that the intensive considerations on the creation of a model-law in the area of European private law do not allow these thoughts to be limited to contract law. Such a limitation to the scope of the regarding of this area would probably cause more problems than it would solve, or at any rate not do justice to the needs of the Common Market.